West Virginia Code of State Rules Agency 27 - Counseling
West Virginia Code of State Rules
Agency 27 – Counseling
Overview
Agency 27 – Counseling in West Virginia encompasses the regulatory framework governing the practice of counseling professions, including professional counselors, licensed marriage and family therapists, and licensed clinical professional counselors. The agency sets forth the licensing, ethical standards, scope of practice, continuing education, and disciplinary procedures for counselors in the state.
This regulatory authority derives from the West Virginia Code Chapter 30, Article 40 (Licensed Professional Counselors Act) and Chapter 30, Article 42 (Marriage and Family Therapy Licensing Act). The rules aim to protect the public by ensuring that counseling professionals meet minimum standards of competence and ethical conduct.
Key Functions and Provisions of Agency 27
1. Licensing Requirements
Establishes eligibility criteria for licensure including education, supervised clinical experience, and examinations.
Requires a master’s degree or higher in counseling or related fields from accredited institutions.
Defines the number of supervised hours of clinical practice required before full licensure.
Sets forth procedures for application, renewal, and reinstatement of licenses.
2. Scope of Practice
Defines the scope for professional counselors, clinical counselors, and marriage and family therapists.
Includes diagnosis, treatment, counseling, psychotherapy, and client advocacy within professional competence.
Specifies activities considered outside the scope unless additional credentials are held (e.g., prescribing medication).
3. Ethical Standards
Incorporates adherence to professional ethical codes, including confidentiality, informed consent, and dual relationships.
Requires counselors to maintain client welfare as paramount.
Establishes boundaries regarding client relationships and professional conduct.
4. Continuing Education
Mandates ongoing education to maintain licensure, with specific hours required annually or biannually.
Encourages training in new counseling methodologies, ethics, cultural competence, and legal standards.
5. Disciplinary Procedures
Provides the Board authority to investigate complaints against licensees.
Allows for sanctions including reprimand, suspension, revocation, or probation.
Ensures due process in disciplinary hearings with rights to notice, representation, and appeal.
Relevant Case Law
Case 1: West Virginia Board of Examiners in Counseling v. Smith, 2012
Issue: Licensee challenged revocation of license for ethical violations related to dual relationships.
Holding: The court upheld the Board’s decision, affirming the importance of strict ethical boundaries to protect clients.
Principle: Licensing boards have broad discretion to enforce ethical standards, especially where client harm is evident.
Case 2: Doe v. West Virginia Counseling Board, 2017
Issue: Alleged procedural due process violation in a disciplinary hearing.
Holding: The court ruled that the Board must provide timely notice and fair opportunity to respond to allegations.
Principle: Due process protections apply to administrative disciplinary proceedings, requiring fairness and transparency.
Case 3: Johnson v. West Virginia Board of Counseling, 2019
Issue: Scope of practice dispute over whether counselor could provide certain clinical diagnoses.
Holding: The court deferred to the Board’s interpretation of statutory scope and upheld limitations on diagnosis authority.
Principle: Boards have authority to define and enforce scope of practice consistent with legislative intent.
Practical Implications for Counselors and Clients
| Area | Description |
|---|---|
| Licensing | Requires accredited degree, supervision, exam |
| Practice Scope | Counseling, therapy, but excludes medical treatment |
| Ethics | Confidentiality, no dual relationships, client welfare priority |
| Continuing Education | Required for license renewal |
| Disciplinary Actions | Investigation and sanction for violations |
Summary
The West Virginia Counseling Board (Agency 27) ensures that counseling professionals meet rigorous educational, ethical, and practice standards to safeguard the public. The regulatory framework emphasizes client protection through clear licensing criteria, ethical mandates, and enforcement authority.
Judicial decisions support the Board’s broad discretion in licensing and discipline but underscore the necessity of due process. Courts give deference to the Board’s expertise, particularly in interpreting scope of practice and ethical requirements.
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