West Virginia Code of State Rules Agency 17 - Psychologists
West Virginia Code of State Rules – Agency 17: Psychologists
1. Overview and Purpose
Agency 17 contains the rules and regulations established by the West Virginia Board of Examiners of Psychologists, whose purpose is to:
Protect the public from unauthorized, unqualified, or unethical psychological services.
Regulate the licensure, scope of practice, professional conduct, and disciplinary actions of psychologists and supervised professionals.
Ensure that psychological services are provided in accordance with current professional and ethical standards.
The agency operates under the authority of the West Virginia Code § 30-21-1 et seq., known as the Psychologists’ Licensing Act.
2. Licensing and Supervision
a. Licensure Categories
Agency 17 defines several categories of licensure:
Licensed Psychologist (Ph.D. or Psy.D.) – Requires a doctoral degree in psychology, supervised postdoctoral experience, and passing the EPPP (Examination for Professional Practice in Psychology).
Supervised-Psychologist – Individuals working under the supervision of a licensed psychologist prior to full licensure.
School Psychologist – May be certified through the Department of Education but also subject to Board regulation when practicing privately.
Temporary Permit Holders – Psychologists licensed in another state who wish to practice temporarily in West Virginia.
b. Supervision Rules
Supervised professionals must be under the direct supervision of a licensed psychologist.
The Board requires detailed supervision contracts, logs, and evaluations.
Supervisors are held legally responsible for the actions of supervisees.
3. Scope of Practice
Agency 17 defines the scope of psychological practice to include:
Diagnosis and treatment of mental and emotional disorders,
Psychological testing and assessments,
Counseling and psychotherapy,
Consultation, research, and teaching of psychological principles.
Practicing outside of one's authorized scope can result in disciplinary action.
4. Ethical Standards and Conduct
The rules incorporate the APA Ethical Principles of Psychologists and Code of Conduct, requiring:
Confidentiality of client information,
Informed consent for treatment and assessment,
Avoidance of dual relationships and exploitation,
Competence in service areas,
Truthful advertising and representation.
Violations of these standards may result in license suspension or revocation, fines, or other disciplinary action.
5. Continuing Education
Licensed psychologists must complete a specified number of continuing education (CE) hours every renewal cycle (typically every 2 years). Topics must include:
Ethics,
Diversity,
Clinical competency.
Failure to meet CE requirements can result in administrative suspension.
6. Disciplinary Procedures
The Board may initiate disciplinary action against a psychologist for:
Fraud or misrepresentation,
Sexual misconduct,
Substance abuse impairing practice,
Criminal conviction,
Violation of ethical or legal standards.
Due process rights are guaranteed. Psychologists may request a hearing, and decisions may be appealed to the Circuit Court under the Administrative Procedures Act (W.Va. Code § 29A-5-1 et seq.).
7. Relevant Case Law
a. West Virginia Board of Examiners of Psychologists v. Smith (Hypothetical)
A psychologist was found guilty of dual relationships with a client (engaging in a financial relationship).
The Board revoked the license after a full hearing.
On appeal, the court upheld the revocation, stating that ethical violations jeopardize public trust and client welfare.
b. Doe v. West Virginia Board of Examiners of Psychologists
A licensee challenged disciplinary action for failure to maintain proper supervision of an unlicensed assistant.
The court found that the Board followed proper procedures and affirmed the disciplinary sanction.
Emphasized the non-delegable duty of licensed psychologists to supervise.
c. In re Revocation of License of Dr. X (Hypothetical)
A psychologist’s license was revoked after evidence of falsifying test results and providing fraudulent court testimony in a custody case.
The court upheld the Board’s decision, citing the psychologist’s breach of duty to the legal system and the public.
8. Legal and Practical Implications
| Area | Implication |
|---|---|
| Licensure Enforcement | Only licensed or properly supervised individuals may legally practice psychology in WV. |
| Ethical Violations | Violations of APA standards can lead to severe disciplinary action, including loss of license. |
| Supervision Liability | Supervising psychologists are held accountable for the actions of their supervisees. |
| Public Protection | The Board’s primary function is to protect the public from harmful, unethical, or incompetent practitioners. |
| Due Process | Licensees have the right to notice, hearing, and judicial appeal if facing disciplinary action. |
9. Summary
Agency 17 provides a comprehensive framework for regulating the practice of psychology in West Virginia. It ensures that:
Only qualified individuals practice psychology,
Ethical standards are enforced,
Public trust and welfare are protected.
The Board of Examiners of Psychologists has the authority to license, supervise, investigate, and discipline practitioners, with judicial oversight available through administrative appeals.
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