2005 West Virginia Code - §30-31-9. — Suspension or revocation of license.

§30-31-9. Suspension or revocation of license.

(a) The board may at any time upon its own motion, and shall upon the written complaint of any person, conduct an investigation to determine whether there are any grounds for placing a licensed professional counselor on probation or for the suspension or revocation of a license issued under the provisions of this article.
(b) The board, upon the affirmative vote of at least five of its members, shall place a licensed professional counselor on probation, or suspend or revoke any license when it finds that the holder thereof:
(1) Has been convicted of a felony or a crime involving moral turpitude;
(2) Has used narcotic drugs, other controlled substances or alcohol to the extent that it affects his or her professional competency;
(3) Is under a declaration of mental incompetence;
(4) Has obtained or attempted to obtain a license issued under the provisions of this article by fraud, deceit or willful misrepresentation;
(5) Has failed or refused to comply with the provisions of this article or any rule promulgated by the board hereunder or any order or final decision of the board;
(6) Has violated the current code of ethics adopted by the board;
(7) Has impersonated another licensed professional counselor; or
(8) Has allowed his or her name or license issued under the provisions of this article to be used by or transferred to any other person or persons to perform counseling services.
(c) Any licensed professional counselor whose license has been suspended or revoked or who has been placed on probation pursuant to board action under the provisions of subdivisions (1) or (2) of this subsection may be reinstated upon a showing of competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensed professional counselor as determined by the board.