2005 West Virginia Code - §30-31-3. — Activities exempted; persons exempted from licensing; limitations on licensed professional counselors.

§30-31-3. Activities exempted; persons exempted from licensing; limitations on licensed professional counselors.

(a) Nothing in this article applies to the following activities:
(1) Teaching, lecturing or engaging in research in counseling so long as such activities do not otherwise involve the practice of counseling directly affecting the welfare of the person counseled;
(2) The official duties of persons employed as counselors by the state of West Virginia, any of its departments, agencies, divisions, bureaus, political subdivisions, counties, county boards of education, regional education service agencies, municipalities or any other facilities or programs established, supported or funded, in whole or in part, by any such governmental entity;
(3) The official duties of persons employed as counselors by any department, agency, division or bureau of the United States of America;
(4) The official duties of persons serving as counselors, whether as volunteers or for compensation or other personal gain, in any public or private nonprofit corporations, organizations, associations or charities;
(5) The official duties of persons who are employed by a licensed professional counselor, whose duties are supervised by a licensed professional counselor and who represent themselves by a title such as "counselor trainee," "counselor intern,""counselor assistant" or other reasonable facsimile of such title, and do not represent themselves as licensed professional counselors as defined by section two of this article;
(6) The activities of a student of counseling which are part of the prescribed course of study at an accredited educational institution and are supervised by a licensed professional counselor or by a teacher, instructor or professor of counseling acting within the official duties or scope of activities exempted by this section; or
(7) The activities and services of qualified members of other recognized professions such as physicians, psychologists, psychoanalysts, social workers, lawyers, nurses, teachers and clergymen performing counseling consistent with the laws of this state, their training and any code of ethics of their professions so long as such persons do not represent themselves as licensed professional counselors as defined by section two of this article.
(b) Nothing in the article requires licensing of the following persons pursuant to this article:
(1) A school counselor who holds a school counseling certificate issued by the West Virginia department of education and who is engaged in counseling solely within the scope of his or her employment with such department, a county board of education or a regional education service agency; or
(2) A nonresident counselor who holds a license or certificate to engage in the practice of counseling issued by another state, the qualifications for which in the opinion of the board are at least as stringent as those provided in section seven of this article, and who renders counseling services in this state for no more than thirty days in any calendar year.
(c) Nothing in this article permits licensed professional counselors to administer or prescribe drugs or otherwise engage in the practice of medicine as defined by this code.