2005 West Virginia Code - §30-31-7. — Qualifications of applicants for license; application fee.

§30-31-7. Qualifications of applicants for license; application fee.
(a) To be eligible for a license to engage in the practice of counseling, an applicant must:
(1) Be a legal resident of the state of West Virginia;
(2) Satisfy the board that he or she is of good moral character and merits the public trust, which shall be evidenced as follows:
(A) If the applicant has never been convicted of a felony or a crime involving moral turpitude, the applicant shall submit letters of recommendation from three persons not related to the applicant and a sworn statement from the applicant stating that he or she has never been convicted of a felony or a crime involving moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime involving moral turpitude, it is a rebuttable presumption that the applicant is unfit for licensure unless he or she submits competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensed professional counselor as may be established by the production of: (i) Documentary evidence including a copy of the relevant release or discharge order, evidence showing compliance with all conditions of probation or parole, evidence showing that at least one year has elapsed since release or discharge without subsequent conviction, and letters of reference from three persons who have been in contact with the applicant since his or her release or discharge; and (ii) any collateral evidence and testimony as may be requested by the board which shows the nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and any mitigating circumstances or social conditions surrounding the crime or crimes and any other evidence necessary for the board to judge present fitness for licensure or whether licensure will enhance the likelihood that the applicant will commit the same or similar offenses;
(3) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant who has had at least two continuous years of uninterrupted sobriety in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered;
(4) Have earned a master's degree in an accredited counseling program or in a field closely related to an accredited counseling program as determined by the board, or have received training equivalent to such degree as may be determined by the board, and have at least two years of supervised professional experience in counseling of such a nature as shall be designated by the board, including at least one year's experience after earning an aforementioned master's degree or equivalent; or have earned a doctorate degree in an accredited counseling program or in a field closely related to an accredited counseling program as determined by the board, or have received training equivalent to such degree as may be determined by the board, and have at least one year of supervised professional experience in counseling of such a nature as shall be designated by the board after earning an aforementioned doctorate degree or equivalent; and
(5) Have passed a standardized national certification examination in counseling approved by the board.
(b) Any person who holds a license or certificate to engage in the practice of counseling issued by any other state, the qualifications for which license or certificate are determined by the board to be at least as great as those provided in this article, is eligible for licensure.
(c) Every applicant must submit an application for a license to practice counseling to the secretary of the board in such manner, on such forms and containing such information as the board may prescribe and pay to the board a nonrefundable application fee as established by the board.
(d) Any person who has been continually licensed under this article since the year one thousand nine hundred eighty-seven, pursuant to prior enactments permitting waiver of certain examination and other requirements, is eligible for renewal of licensure.