Title 25 W. Va. C.S.R.

Social Work Examiners Social Work Examiners

Series 01 Qualifications for the Profession of Social Work

W. Va. Code R. § 25-1-1 General

1.1. Scope. -- This rule specifies the qualifications, and responsibilities for licensing as a social worker and alternative license candidates.

1.2. Authority. -- W. Va. Code §30-30-6.

1.3. Filing Date. -- April 28, 2022 Effective Date. -- July 1, 2022.

Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2030.

W. Va. Code R. § 25-1-2 Definitions

2.1. "Board" means the West Virginia Board of Social Work.

2.2. "Clinical supervisor" means a licensed independent and skilled clinical social worker who assists a less advanced practitioner to form a clinical social work identity, and to develop the knowledge and skills necessary to practice effectively.

2.3. "Clinical social work supervision” is a process which facilitates critical reflection of actions, processes, persona and the context of direct practice social work. It is a collaborative, interactional and structured process in which a supervisor assists and directs the practice and development of the supervisees who engage in the practice of helping people overcome disruptions in functioning through individual, group or family psychotherapeutic interventions.

2.4. "Emeritus status" means a social work license held by an individual formally recognized by the Board to have over twenty (20) years of social work practice and who is retired from the active practice of the profession of social work.

2.5. "Examination" means an examination approved by the Board for certification purposes, developed and administrated by the Association of Social Work Boards.

2.6. "Inactive status" means a social work license that is formally recognized after the receipt and approval of an application to be inactive. During this time the licensee is barred from the practice of social work during which he or she is exempt from continuing education provisions. 2.7 “Interstate Telehealth Services” means the provision of telehealth services to a patient located in WV by a licensed social worker in any other state or commonwealth of the United States.

2.8. “Registration” means an authorization to practice social work under WV Code §30-30-1 et seq for the limited purpose of providing interstate social work services via telehealth. 2.9 “Telehealth services” means the use of synchronous or asynchronous telecommunications technology or audio only telephone calls by a health care practitioner to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include internet questionnaires, e-mail messages, or facsimile transmissions.

2.10. "Temporary social work permit" means a six-month certificate granted by the Board to an applicant qualified by education with an earned bachelor or master’s degree in social work accredited by the Council on Social Work Education and who has not yet demonstrated passage of an examination required by the Board.

2.11. "Provisional license" means a restricted license certificate granted to an applicant qualified through alternative education or training provisions of W.Va. Code §30-30-16 (c) and specified within this Rule. A provisional social worker is not a licensed social worker and may not use any initials suggesting he or she is an LSW, LGSW, LCSW, or LICSW.

2.12. “Provisional licensing "Supervisor" means a qualified licensed social worker, certified social worker, or independent clinical social worker who has agreed to provide supervision to a provisional licensee to assist in the integration of social work skills, values, knowledge, and ethical considerations gained through continuing social work education programs and through the social work practice experience and who will evaluate progress towards satisfaction of coursework and other provisions during the four-year period of continuous employment.

W. Va. Code R. § 25-1-3 Qualifications for License

3.1. An applicant qualified under the provisions of W.Va. Code §30-30-1 et. seq. may receive a social work license from the Board as a social worker, graduate social worker, certified social worker, or independent clinical social worker, or apply for an inactive or emeritus status license. A provisional licensee is not eligible for a temporary social work permit, inactive or emeritus status license.

3.1.1. A licensed social worker may apply to place his or her license on inactive status by making a formal application to the Board. Upon receiving the approval of the Board, the inactive licensee shall not perform the duties of a social worker and is exempt in earning continuing education during this period.

3.1.1.a. A licensee may remove a license from inactive status and return to active practice by formally requesting and receiving the approval of the Board. The applicant shall provide a sworn statement indicating that he or she has never been convicted of a felony, has not engaged in behavior which constitutes professional misconduct, and intends to meet all requirements to maintain the license following activation

3.1.2. A licensed social worker may receive an emeritus status license by making a formal application to the Board and providing documentation of twenty (20) years of social work practice experience and retirement from the active practice of social work. An emeritus licensee is not required to comply with the continuing social work education requirements. Upon receipt of the Board's approval in writing, an emeritus status licensee may engage in the active practice of the profession of social work, including supervision, for up to twenty (20) hours per week.

3.2. An applicant may receive a temporary social work permit by making a formal application and receiving the approval of the Board. An eligible applicant for a temporary permit may include:

3.2.1. A candidate who has earned either an undergraduate or graduate social work degree from a college or university accredited by the Council on Social Work Education that has not yet passed an examination approved by the Board or

3.2.2. A candidate enrolled in his or her final semester of either an undergraduate or graduate social work program from a college or university accredited by the Council on Social Work Education provided that the social work program director provides a written statement to the Board that the applicant is expected to matriculate.

3.2.2.a. Once an applicant has received a Temporary Permit from the Board, the applicant may register for and take the examination at any point during that six-month permit period. 3.2.2.b The degree candidate may not receive a social work license until an official college transcript is provided to the Board indicating that the undergraduate or graduate social work degree is conferred, and all other requirements for licensure are met.

3.3. An applicant may learn if he or she is eligible for a provisional license by completing an application provided by the Board. To meet the educational requirement for a provisional license, an applicant shall have earned a four-year academic degree from a recognized, academically accredited college in a field related to social work. Related fields include sociology, psychology, counseling, criminal justice or other related fields as determined by the Board. The Board shall send an invoice for the provisional license certificate only after it has determined an applicant's eligibility and received written evidence of qualified supervision and employment in a critical social work workforce shortage position, area or setting requiring a social work license.

3.3.2. An applicant shall submit an eligibility application to the Board to determine if he or she is eligible to pursue a provisional license which shall include:

3.3.2. a. An official transcript showing the applicant completed a four-year academic degree from a recognized, academically accredited college in a field related to social work as determined by the Board and

3.3.2.b. Documentation showing the applicant has met the requirements set forth in W.Va. Code §30-30-16.

3.3.3. Prior to the issuance of a provisional license to perform social work within the legal scope of practice the applicant shall submit a provisional license agreement on a form provided by the board. Along with the agreement, the applicant must submit evidence of full-time social work employment under a provisional license supervisor.

3.3.4. Upon approval of the provisional license agreement contract and when other provisions have been met, the Board will issue a provisional license certificate for a two-year period. The provisional licensee shall meet all provisions and requirements as set forth in W. Va. Code §30-30-16 and within subsection 3.3. or 3.3.1 of these rules. If all guidelines are met, the provisional licensee will renew his/her provisional license for a final two-year period.

3.3.5. As defined in W.Va. Code §30-30-16(b)(2) a provisional licensee must complete twelve credit hours of core social work study from a program accredited by the Council on Social Work Education (CSWE), specifically post Bachelor classes in conjunction with the school, within the four-year provisional license period. Successful completion means receiving a passing grade.

3.3.5. a. Exceptions to the core social work course requirements apply when: 3.3.5.a.1 A provisional licensee is enrolled in a Bachelor or Master of Social Work Program accredited by the Council on Social Work Education.

3.3.6. The provisional licensee is responsible for earning an additional twenty (20) hours of Board approved continuing social work education per two years. Up to ten (10) of the twenty (20) hours may be earned through Board approved online education hours.

3.3.7. A provisional licensee shall provide a sworn statement to the Board annually to indicate he or she is complying with all requirements to maintain the provisional license, required social work continuing education, quarterly face to face supervision sessions, and documentation, by way of school transcript, of the required social work courses taken.

3.3.8. Prior to conversion of a provisional license to a formal license as a social worker, the provisional licensee shall provide final documentation that all requirements, as outlined in W.Va. Code §30-30-16 and in subsection 3.3 of this rule have been met. The provisional licensee shall show documented proof that he or she has:

3.3.8.a. Pass an examination approved by the Board; 3.3.8.b Completed and has documentation of four years of continuous, supervised employment in the field of social work in the form of an official letter from the employer(s) during the tenure of the provisional license;

3.3.8.c. Has documentation by way of a college transcript that the provisional licensee has met the requirements of attendance and passage of twelve (12) hours of core social work classes through an approved social work program accredited by the Council on Social Work Education and

3.3.8. d. Provide documentation that the provisional licensee has earned continuing social work education contact hours totaling at least twenty (20) hours every two years.

3.3.9. An employer or prospective employer shall make application to the Board for approval to hire provisional licensees. The application shall include:

3.3.9.a. Written documentation that a reasonable effort to recruit and hire a licensed social worker, graduate social worker, certified social worker or independent clinical social worker was made prior to submitting an application to employ a provisional licensee and;

3.3.9.b. Written evidence of the critical need to hire the provisional licensure applicant.

3.3.10. A provisional licensing supervisor of a provisional licensee shall annually provide the Board a statement of whether the provisional licensee has satisfactorily performed the duties of a social worker while under the supervision of the supervisor.

3.3.11. An employer is responsible for reporting the resignation or termination of any provisionally licensed employee within no more than thirty (30) days of the action.

3.3.12. A provisional licensing supervisor may be a licensed social worker, licensed graduate social worker, licensed certified social worker or licensed independent clinical social worker licensed in good standing in the State of West Virginia, provided that the licensed social worker:

3.3.12.a. Has made application and received Board approval to become a provisional licensing supervisor;

3.3.12.b. Has earned a council on social work education accredited Bachelor of Social Work or Master of Social Work degree and has completed two years post graduate social work experience;

3.3.12.c. Provides a resume with the application that documents continuous employment in the social work field for no less than two years;

3.3.12.d. Is of good moral character documented by three letters of professional recommendations to be included in the application;

3.3.12.e. Has not been a subject of disciplinary action from the WV Board of Social Work or any other licensing jurisdiction in any state and;

3.3.12.f. Provides any further documentation that may be required from the Board.

3.3.13. The supervisor of a provisional licensee shall provide annually a sworn statement to the Board indicating:

3.3.13.a. The supervisor has engaged in face-to-face supervision with a provisional licensee one time every three months following issuance of the license and whenever make-up sessions are held; and

3.3.13.b. The provisional licensee has satisfactorily performed the duties of a social worker while under his or her supervision.

3.3.14. An experienced supervisor may supervise no more than fifteen (15) provisional licensees unless a written waiver has been granted by the Board allowing the supervisor to exceed this number. A licensing supervisor licensed as a Licensed Social Worker that is new to this privilege shall limit the number of persons to five (5) until determined otherwise by the Board.

3.4. An applicant with a Temporary Permit may make up to four (4) attempts to pass the examination recognized by the Board. An applicant who fails to pass the examination after four (4) attempts shall petition the Board in writing prior to attempting the examination thereafter. The Board may approve, approve with conditions, or deny a petition.

3.5. The Board may require the applicant to submit recent professional references, or similar documentation of continuing eligibility, prior to removing a license from inactive status after a period of two or more years.

3.6. As set forth in W.Va. Code §30-30-8, a licensed independent clinical social worker may apply social work theory, methods, assessment, ethics and the professional use of self to the diagnosis, treatment and prevention of psychological dysfunction, disability or impairment, including emotional and mental disorders and developmental disabilities.

3.6.1. To be approved by the board to serve as a clinical supervisor, a West Virginia licensed independent clinical social worker, or a licensed clinical social worker from another jurisdiction, shall:

3.6.1.a. Complete no less than two years of clinical practice since the initial issuance of the clinical license;

3.6.1.b. Complete an application to supervise on forms prescribed by the Board;

3.6.1.c. Have completed a minimum of 6 hours of Board approved clinical supervision training on supervisory practices and methods for clinical social workers; clinical supervisors who have supervised within two years of the effective date of this rule are not required to complete pre-service training;

3.6.1.d. Submit a clinical supervision contract which identifies the clinical supervisor and the person being supervised and sets forth the respective duties of employment. Clinical supervision shall not be initiated until the contract has been approved by the Board. A clinical supervisor from another jurisdiction shall provide evidence of having a current, valid clinical social work license in good standing; and

3.6.1.e. Maintain records of supervision, initialed by both parties, of each face-to-face session, for 100 hours, over the course of no less than two years of full-time employment or 3,000 hours of full or part time employment. An applicant should have at least one hour of supervision for each thirty (30) hours of supervised practice. At least 50% of supervision must be an individual setting and not in a group format. Face to face supervision conducted with technology compliant with the Health Insurance Portability and Accountability Act is acceptable.

3.6.2. The Board will approve the content of clinical supervisor training. Training may be face to face or online. Providers who wish to develop training to meet these requirements shall submit applications to the Continuing Education Committee of the Board on forms prescribed by the Board.

W. Va. Code R. § 25-1-4 Consideration of Prior Criminal Convictions in Initial Licensure Determination

4.1. The board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of social work. In determining whether a criminal conviction bears a rational nexus to a social work, the board shall consider at a minimum:

4.1.1. The nature and seriousness of the crime for which the individual was convicted;

4.1.2. The passage of time since the commission of the crime;

4.1.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a licensed social work; and

4.1.4. Any evidence of rehabilitation or treatment undertaken by the individual.

4.2. Notwithstanding any other provision of the W. Va. Code to the contrary, if an applicant has been denied licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if:

4.2.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

4.2.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

4.2.3. The conviction was not for an offense of a violent or sexual nature: Provided, that a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board on a case-by-case basis.

4.3. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license.

4.3.1. The petition shall be submitted on an application form prescribed by the board and shall include sufficient details about the individual’s criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, the date of the release from incarceration if applicable, and the specific nature of the conviction. Where the records are sealed, the applicant shall sign a waiver authorizing the board to access the criminal records of the applicant in order for the board to make the eligibility determination.

4.3.2. The applicant may submit with the petition for licensure eligibility evidence of rehabilitation, letters of reference, and any other information the applicant considers relevant to show fitness and the ability to practice social work.

4.3.3. The board shall provide the determination within 60 days of receiving the petition and the applicable fee from the applicant. §25-1- 5 Telehealth Services

5.1. All social workers providing social work or therapy via telehealth to persons residing and located in West Virgina shall be licensed or registered by the West Virginia Board of Social Work.

5.1.1. A licensee shall only provide telehealth services in accordance with the respective scope of practice commensurate with his or her level of licensure.

5.1.2. Clinical social work services provided by individuals outside of the state may only be provided by a practitioner licensed at the clinical level.

5.2. All licensees of the Board providing telehealth services to clients outside the state of West Virginia shall comply with the laws and rules of that jurisdiction.

5.3. Prior to the provision of telehealth services, the social worker shall become competent in the technology and skills required in telehealth, including methods in which such practice can be safely and appropriately conducted.

5.3.1. The social worker shall maintain current competence in the use of telehealth and technology through relevant continuing education or consultation.

5.4. Prior to the provision of service, the social worker should follow agency protocols or develop and follow a procedure to:

5.4.1. Verify the identification and location of the client at the beginning of each session;

5.4.2. Obtain informed consent specific to telehealth services using appropriate language understandable to the client;

5.4.3. Safeguard the client’s confidentiality and prevent access to data by unauthorized persons through encryption or other means;

5.4.4. Notify clients in the event of a data breach;

5.4.5. Establish safety protocols to be used in the case of an emergency, including contact information of emergency services at the client’s location; and

5.4.6. Obtain or confirm an alternative method of contacting the client in case of a technological failure. 5.5 The practitioner-client relationship is established at the time informed consent is obtained.

5.6. Social workers providing telehealth shall abide by the Code of Ethics approved by the National Association of Social Workers as if providing in person services, but should be particularly attentive to the provisions relating to electronic social work services.

5.7. The social worker shall use telehealth only where it is appropriate for the client, and decisions regarding the use of telehealth shall be made individually.

5.7.1. The social worker shall consider the client’s current mental and emotional status and technological capabilities during intake to determine the client’s appropriateness for telehealth. §25-1- 6. Interstate Registration as a Telehealth Provider

6.1. To be eligible for registration as an interstate telehealth social worker, the applicant shall:

6.1.1. Submit a registration application to the Board on a form approved by the Board;

6.1.2. Pay the appropriate registration fee as required in W. Va. Code §30-30-10 et seq

6.1.3. Submit verification of a license in good standing in all states in which he or she is currently licensed, and shall not currently be under investigation or subject to an administrative complaint.

6.1.4. Registration as an out-of-state telehealth practitioner should occur prior to the provision of services.

6.2. The registration of an out-of-state telehealth social worker expires biennially on the anniversary date of registration. Notice will be provided no less than 90 days prior to expiration.

6.3. A registrant requesting renewal of a registration shall:

6.3.1. Provide evidence of completion of approved social work continuing education as prescribed by the Board; and

6.3.2. Pay the registration renewal fees.

6.4. The Standard of Care for the Provision of Telehealth Services by registrants under this Rule.

6.4.1. The standard of care shall require the registrants to follow the scope of practice stated in W. Va. Code §30-30-9, §30-30-11, §30-30-13, and §30-30-15.

6.4.2. A registration issued pursuant to this rule does not authorize a social worker to practice from a physical location within this state without first obtaining licensure by the Board of Social Work.

6.4.3. A social worker who registers to provide telehealth services pursuant to this rule shall immediately notify the Board of any disciplinary action or restrictions placed on the individual’s license to practice in any state or jurisdiction.

6.4.4. Interstate registrants shall comply with W. Va. Code §30-30-1 et seq. and the legislative rules promulgated by the Board of Social Work. Failure to comply will be grounds for disciplinary action under W. Va. Code §30-30-24, et seq to W. Va. Code §30-30-30.

6.5. A person currently licensed by the Board of Social Work is not subject to registration under this section, but shall practice telehealth in accordance with W. Va. Code §30-30-1 et seq. and the legislative rules promulgated by the Board of Social Work. §25-1.7. Responsibilities of Licensees

7.1. A licensee, provisional licensee, or permittee shall notify the Board within thirty (30) days of any change of his or her legal name, primary address, telephone number or similar change of location or status, and, if required by the Board, of any change of supervisor or employer.

7.2. A licensee, provisional licensee, or permittee shall notify the Board within thirty (30) days of witnessing what may constitute, in his or her best judgment, professional misconduct by another licensed social worker.

7.3. A licensee, provisional licensee, or permittee shall abide by the provisions of the Code of Ethics of the National Association of Social Workers, which became effective on January 1, 1997 and was revised effective January 1, 2018.

7.4. A licensee, or provisional licensee shall make application for a license, renewal of a license, or similar service on forms provided by the Board.

7.5. A licensee, provisional licensee, permittee or prospective licensee, provisional licensee or permittee shall pay the appropriate fee as a condition of his or her application for license, renewal or other similar service.

7.6. At the time of renewal of a license, or provisional license, a licensee shall provide to the Board:

7.6.1. Written evidence of completion of mandatory continuing social work education or training during the tenure of the license as specified in this rule; and

7.6.2. A sworn statement, on a license renewal application provided by the Board, that the license has not been revoked or suspended by another state licensing agency, or by a licensing agency in another state or territory of the United States, and whether or not he or she has been convicted of a felony or misdemeanor since the granting or last renewal of the license.

7.7. A license, provisional license, permit or certificate of license granted or issued to an individual by the Board under the provisions of W.Va. Code §30-30-1, et. seq. may not be assigned to any other individual.

Series 02 Organization And Procedures Of The WV Board Of Social Work Examiners

W. Va. Code R. § 25-2-1 General

1.1. Scope. -- These procedural rules establish the organization of the Board of Social Work Examiners, the processing of applications for licensure, procedures for examinations and availability of rules and regulations.

1.2. Authority. -- W. Va. Code '30-30-4d

1.3. Filing Date. -- October 30, 1992

1.4. Effective Date. -- November 30, 1992

W. Va. Code R. § 25-2-2 Organization. (W. Va. Code '30-30-4d)

2.1. Meeting times. -- The Board shall meet at such times and places as it shall decide to conduct the necessary business of the Board, but not less than twice yearly. Meetings shall be open to the public in accordance with W. Va. Code '6-9A-3.

2.2. Quorum. -- A majority of the Board shall constitute a quorum.

W. Va. Code R. § 25-2-3 Applications

3.1. Application materials and forms for all types and levels of licensing, or for examination, are available from the Board of Social Work Examiners, P.O. Box 5477, Charleston, WV 25361. All completed applications must be submitted to the Board prior to any and all announced deadlines in order to be considered.

3.2. Instructions for completion of the application are included in the application materials.

3.3. Properly completed application forms must be accompanied by three (3) professional reference forms, an employment verification form, official college transcripts, and/or other educational or proficiency documentation which may be required by the Board, and a certified check or money order for the fee must be sent to the West Virginia Board of Social Work Examiners in order to properly and correctly file the application.

3.4. If the applicant is to register for the examination, the application and appropriate fees must be postmarked not less than seventy-five (75) days prior to the desired scheduled examination date.

3.5. The Board will review all sections of the application on a random basis, and the individual may be asked to verify information on the application.

W. Va. Code R. § 25-2-4 Examinations

4.1. Standard examinations will be offered at least two (2) times a year in Spring and Fall at various locations in the state, and up to three (3) times a year in spring, summer and fall at various locations in the state.

4.2. Examinations for the in lieu of provision. -- The Board may convene a panel of experts to advise and assist the Board in reviewing the competency of applicants using the in lieu of section to become licensed.

W. Va. Code R. § 25-2-5 Availability Of Rules And Regulations

5.1. Rules and regulations will be available for a nominal fee from the Board of Social Work Examiners.

25CSR2

Series 03 Fee Schedule

W. Va. Code R. § 25-3-1 General. ,

1.1. Scope. -- This rule specifies the fees required for licensing as a social worker, certification as a continuing education, and fees for other services provided by the Board.

1.2. Authority. -- W. Va. Code §§30-30-6

1.3. Filing Date. -- April 28, 2022

1.4. Effective Date. -- July 1, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on July 1, 2026.

W. Va. Code R. § 25-3-2 Definitions

2.1. “Initial Licensure fee” means the fees associated with a temporary permit or issuance of a license which enable one to seek employment and practice social work in West Virginia. 2.2 “Active duty” means individuals who are employed full time in the armed forces of the United States and deployed outside of this state, and for six months after discharge from active duty.

2.3. “Local labor market” means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va. Code §21-1C-2. 2.4 “Low-income individual” means an individual in the local labor market as defined in W.Va. Code §21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to the Temporary Assistance for Needy Families Program (TAnF), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

2.5. “Military families” mean any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U.S.C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

W. Va. Code R. § 25-3-3 Fee Schedule

3.1. Fees paid to the Board are not refundable.

3.1.1. All fees, with the exception of those for examination, are payable to the West Virginia Board of Social Work.

3.1.2. The fee for the initial late payment of any required fee is forty-five dollars ($45) in addition to the amount of the required fee. The Board applies the initial late payment if renewal payment is not received by the due date based upon the date of receipt of an application. The “due” date is the day the certificate expires and becomes delinquent. 3.1.3 An additional amount of twenty-five ($25) dollars per month or fraction thereof, based upon date of receipt, will accumulate for up to a maximum of thirty-five additional months thereafter. The accumulated total due is payable upon receipt of the required application.

3.2. License fees.

3.2.1. The fee for issuance of a regular LSW, LGSW, LCSW, and LICSW biennial license certificate is ninety dollars ($90).

3.2.2. The fee for a regular biennial license renewal is seventy-six dollars ($76). The fee for the biennial provisional license renewal eighty dollars ($80).

3.2.3. The fee for a temporary permit is forty-five dollars ($45).

3.2.4. The fee for a provisional license is one hundred four dollars ($104).

3.2.5. The fee for a replacement license due to loss or name change is twenty-three dollars ($23).

3.2.6. The fee for biennial renewal of an emeritus status license is forty-five dollars ($45). 3.2.7 The application fee for inactive status that is made while the license is still active and in good standing is twenty-seven dollars ($27) and shall include evidence of continuing education earned after the issue date of the existing license as determined by the Board. Persons suffering critical health problems and military personnel called to active duty are exempt from this fee.

3.2.8. The fee for activation of a biennial inactive regular status license is ninety dollars ($90). Special accommodations may be made to military personnel families to waive the fee when called to active duty that caused an interruption in social work employment as determined by the Board.

3.2.9. The fee for upgrade to a higher level of license is fifty dollars ($50).

3.2.10. The fee for written verification of a license is twenty-three dollars ($23).

3.3. Examination fees.

3.3.1. The fee for the examination is established by and payable to the Association of Social Work Boards (ASWB) or its designee.

3.4. Application fees.

3.4.1. The application fee to become a certified provider of continuing social work education is ninety dollars ($90.00).

3.4.2. The application fee to become an individually approved provider for a specifically dated and titled program of continuing social work education is fifty-four dollars ($54) for each separate program application.

3.5. Fees for certified providers of continuing education.

3.5.1. The fee to re-certify biennially as a certified provider of continuing social work education is ninety dollars ($90).

3.5.1.a. A certified provider who does not pay the fee to re-certify within ninety (90) days of notice from the Board shall forfeit all rights and privileges as a certified provider of continuing education as defined by the Board.

3.5.1.b. A certified provider who does not complete a recording form provided by the board for the purpose of determining eligibility for re-certification as a certified provider of continuing education shall not be re-certified, regardless of fee payment status, until a satisfactory determination of eligibility to re-certify has been made by the Board or its designee.

3.6. Miscellaneous fees.

3.6.1. The fee for complying with a request for providing records as requested by the public information, such as for print, electronic information or data relating to the Board, its members, services, or licensed social workers is calculated based upon the actual cost of materials, employee time, and procedures required to comply with the request. Other fees for services and special status protection are based upon actual cost of material, staff time, postage, or other expenses incurred as a result of the request.

3.6.1.a. No fees shall be applied for compliance with initial requests for routine information regarding license application, continuation or renewal processes, or for the Board’s annual report.

3.6.1.b. Requests for additional or bulk quantities may require payment of a fee.

W. Va. Code R. § 25-3-4 Waiver of Fees

4.1. Individuals meeting the definition of low-income individuals, as defined in this rule, may seek a waiver of the fees for a temporary permit or license to practice by submitting a waiver application for low-income individuals including all required items for verification as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of a complete application.

4.2. Military families, as defined in this rule, may seek a waiver of initial licensure fees by submitting a waiver application for military families including all required items for verification as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of a complete application. 4.3 Active-duty service personnel, as defined in this rule may seek a waiver of all renewal, inactivation and reactivation fees by submitting appropriate verification to the Board with the renewal application or application for special status privileges.

25CSR3

25CSR3

Series 05 Continuing Education for Social Workers and Providers

W. Va. Code R. § 25-5-1 General

1.1. Scope. -- This rule specifies the qualifications regarding continuing education for social workers and the requirements for continuing education providers

1.2. Authority. -- W. Va. Code §30-30-6.

1.3. Filing Date. -- April 28, 2022.

1.4. Effective Date. -- July 1, 2022.

1.5. Sunset Provision-- This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 25-5-2 Definitions

2.1. “Asynchronous training” is a type of online training in which students access learning content, take assessments, and communicate at their own pace.

2.2. “Certified provider" means an agency, organization, or institution which has applied to the Board and received approval to provide programs of continuing social work education under its own sponsorship, and which remains certified by complying with the provisions as set forth within this rule.

2.3. "Continuing social work education" means a program promoting social work skills, values, knowledge, and/or ethical considerations in the practice of social work.

2.4. "Continuing social work education program" means a formally organized educational program sponsored by a certified or individually approved provider and offered in the form of a class, course, workshop, seminar, or training activity, or formally structured discussion

2.5. "Individually approved provider" means an individual, agency, institution, or organization which has applied to the Board and received approval to present a specific program of continuing social work education on a date, time, and location included in the application.

2.6. "Social work ethics education" means a continuing social work education program of fundamental values and ethical behaviors which constitute guidelines of professional behavior as defined in the Code of Ethics of the National Association of Social Workers.

2.7. “Synchronous training is a form of training that requires the instructor and students to be present at the same time—either in person or online—for instruction, discussions, and activities.

2.8. “Social work methods of practice" means a continuing social work education program of basic, intermediate, or advanced social work intervention techniques.

W. Va. Code R. § 25-5-3 Continuing Social Work Education Requirements for License Renewal

3.1. A licensee shall obtain, as a condition of renewal of license, at least thirty (30) contact hours of continuing social work education within each two (2) year license period: 3.1a. At least 2 of the 30 contact hours shall be in mental health conditions specific to veterans and family members of veterans. Training specific to veterans and family members of veterans may include, but is not limited to, inquiring about whether clients are veterans or family members of veterans; screening for conditions such as post-traumatic stress disorder; readjustment issues; risk of suicide and prevention of suicide; addiction; military sexual assault; and depression and grief. 3.1b. At least 1 of the 30 contact hours shall be in social work ethics

3.1.1. Of these contact hours, at least twenty (20) contact hours shall be earned by attending programs, conferences, workshops, online courses or professional meetings that are pre-approved by a WV authorized approved or certified provider. Of the twenty (20) approved provider hours, at least ten hours must be in a synchronous format-either online or in person, and no more than ten (10) hours may be earned online in an asynchronous training format; a printed certificate, listing the course name, approved or certified provider and contact hours must be provided in order to obtain credit. Continuing education courses endorsed by the Association of Social Work Boards, the National Association of Social Workers, an approved WV provider, another state social work licensing Board, or a social work program accredited by the Council on Social Work Education are recognized as approved courses.

3.1.2. A licensee may earn the balance of contact hours through individual professional activities, described in this rule. Individual professional activities enhance the licensee’s knowledge of professional social work issues or which relate specifically to his or her particular social work practice setting. These individual professional activities are self-directed, professional social work study activities including, but not necessarily limited to, formally organized learning events not officially recognized by the Board, approved behavioral science college courses taken outside an accredited social work program, writing for professional social work publications, preparing a presentation for a certified or approved continuing social work education contact hours, reading professional literature; independent study, and research.

3.2. The licensee shall only receive credit for those continuing education activities that meet the specifications established by the Board.

3.3. An inactive, emeritus or temporary permit licensee is not required to earn continuing social work education contact hours.

3.4. A licensee is solely responsible for keeping adequate records of his or her continuing social work education contact hours and activities.

3.4.1. A licensee shall maintain written records of continuing education contact hours.

3.4.2. A licensee shall maintain written records of individual professional activities which describe:

3.4.2.a. The nature of the activity:

3.4.2.b. The dates the activity was engaged in and completed;

3.4.2.c. The number of contact hours earned in the activity and

3.4.2.d. The reference citations for any text, journal, or publication utilized as an activity.

3.4.3. The licensee or temporary licensee shall maintain records of all continuing education activities for a period of not less than three (3) years of time preceding the date of renewal. Once the license is renewed, the Board may expunge the records;

3.4.4. The licensee shall submit the record of continuing education activities on forms provided by a Board approved continuing social work education provider or the Board.

3.4.5. The licensee may deliver the continuing education record forms to the Board on a regular basis and at least annually during the two-year process in order for Board staff to keep an on-going tally to compare with that of the license, and to cause submission of a renewal application thirty to forty-five days prior to the date of expiration.

3.4.6. The Board may return incomplete or unreadable written records.

3.4.7. The Board may require a licensee to submit additional evidence of completion of contact hours, programs or activities for the purpose of monitoring the quality of providers and the accuracy of reports. Additional evidence includes, but is not limited to, payment receipts, program notes, certificates of attendance, a sworn statement from a provider representative, or other proof of program attendance.

3.5. Training related to the policies and procedures of an agency, organization or system for which the licensee is an employee may not fulfill any continuing social work education requirement.

3.6. A list of certified continuing education providers is available from the Board.

3.7. A license renewal application, evidence of satisfaction of continuing social work education and required payment of fee is due in the Board office at least thirty (30) days before the day of license expiration.

3.7.1. Failure to comply with submission of these materials prior to expiration of the license will result in automatic status change to delinquent the day following license expiration and activate the initial late fee in addition to the renewal fee.

3.7.2. A delinquent license remains renewable provided the licensee has ceased to perform social work; satisfies the continuing education requirements; and pays all late fees which will accumulate monthly for a maximum period of thirty-six months as specified in WV Code §30-30-20.

3.7.3. A licensee may not apply for special status inactive or emeritus if a license is delinquent.

3.7.4. A licensee shall submit all accrued continuing education when making application for inactive or emeritus licensure.

W. Va. Code R. § 25-5-4 Continuing Social Work Education Requirements for Providers

4.1. Providers of continuing social work education are classified either as certified providers or individually approved providers. An individually approved provider is a qualified individual, agency, or organization that has applied to the Board and received approval for a single program of continuing social work education. A certified provider is a qualified individual, agency, organization, or accredited social work program that has applied to and received approval from the Board to provide continuing social work programs under its own auspices and is issued a unique provider number by the Board. A certified provider maintains this status by complying with the re-certification provision of Subdivision 4.4.3. of this of this Section.

4.1.1. An organization or individual shall apply, remit a fee, and receive approval from the Board or its designee to become a certified or individually approved provider.

4.1.2. An organization or individual may not provide a program of continuing social work education without becoming a certified or individually approved provider.

4.1.3. A certified or individually approved provider shall make its program records available to the Board upon request.

4.1.4. A certified or individually approved provider shall inform the Board within thirty (30) days of a change of name, address or phone number for the provider or a licensed social worker who is responsible for assuring a program's professional relevancy on behalf of the provider.

4.2. In an application to become a certified provider, an organization shall document to the satisfaction of the Board:

4.2.1. The name, address, phone number and license number of the licensed social worker with a degree in social work from a college or university accredited by the Council on Social Work Education who shall substantially participate in the coordination and planning of any program developed by the organization to assure the program's professional relevancy and adherence to social work values, knowledge, practice or ethical considerations;

4.2.2. A system of maintaining program records for at least five (5) years, including attendance rosters, participant evaluations, written handouts and publicity materials;

4.2.3. Methods to assure the selection of qualified instructors, teachers or presenters;

4.2.4. Methods to evaluate program content, instructor performance and participant satisfaction;

4.2.5. Methods to assure that programs will be made available to license holders who work outside the bounds of the provider organization;

4.2.6. Policies to assure program delivery adheres to provisions of the Americans with Disabilities Act; and,

4.2.7. Copies of successful applications made by the organization as an individually approved provider that document the provision of at least thirty (30) hours of programs within the previous two years.

4.3. In an application to become an individually approved provider, an organization or individual shall document to the satisfaction of the Board:

4.3.1. That a licensed social worker with a degree in social work from a college or university accredited by the Council on Social Work Education has substantially participated in the coordination and planning of the program to assure its professional relevancy and adherence to social work values, knowledge, practice and/or ethical considerations;

4.3.2. The relevancy of the program to social work practice, values, skills, knowledge, or ethical considerations;

4.3.3. The learning objectives of the program and the relationship between the program’s content, delivery methods and objectives;

4.3.4. The license level for which the program is optimally designed;

4.3.5. Any prerequisites a participant must meet to enter or successfully complete the program;

4.3.6. A system of maintaining program records for at least two (2) years, including attendance rosters, participant evaluations, written handouts and publicity materials;

4.3.7. The method used to assure the selection of qualified instructors, teachers or presenters;

4.3.8. The method used to evaluate program content, instructor performance and participant satisfaction;

4.3.9. The method used to assure that the majority of programs will be made available to license holders who work outside the bounds of the provider organization;

4.3.10. The program agenda, clearly listing the time and date of the program, including starting and ending times and refreshment and meal breaks;

4.3.11. The calculated number of contact hours offered; and,

4.3.12. That facilities selected as program site are accessible under the provisions of the Americans with Disabilities Act;

4.4. A certified provider receives a unique provider number issued by the Board and may initiate a program of continuing social work educational without the prior written consent of the Board.

4.4.1. An organization may apply to become a certified provider only after providing at least thirty (30) hours of formally organized learning events as an individually approved provider.

4.4.2. A certified provider shall offer at least fifteen (15) hours of formally organized learning events per year to maintain certified provider status. Any education conducted via electronic means that allows true interaction between presenter and audience shall be documented on the activity report to the Board.

4.4.3. Certified providers shall pay the fee set forth in the Board’s rule, Fee Schedule, 25CSR3 and provide documentation of satisfactory performance as a certified provider every two (2) years to maintain certification excepting accredited schools of social work, who shall renew every ten (10) years.

4.5. An individually approved provider shall apply to and receive written approval from the Board for each program of continuing social work educational offered.

4.5.1. An organization or individual shall apply for approval as an individually approved provider at least three (3) months prior to the first scheduled program.

An individually approved provider may offer an approved program only up to three times prior to reapplying to the Board for approval.

4.5.3. An organization or individual shall reapply to the Board when a previously approved program undergoes substantive changes, including a change in the instructor or to one or more learning modules or components of the program.

4.6. A certified or individually approved provider shall offer formally organized learning events in a formal, structured learning environment involving face-to-face instructional methods or educational technologies that promote true interaction between the participant and the instructional modality provided.

4.6.1. A professional meeting is recognized as a formally organized learning event when offered by a certified provider in the form of a facilitated discussion or similar focused learning activity related to topics and issues that stimulate, promote, increase, or impart professional knowledge, experiences and/or opinions in the practice of social work, or that concern social work values, skills, knowledge, or ethical considerations.

4.6.2. An individually approved provider may not offer a professional meeting that is not an integral part of a larger, approved formally organized learning event.

4.7. A certified or individually approved provider that offers a program on social work ethics shall arrange for the program to be taught by a licensed social worker who has a degree in social work from a program accredited by the Council on Social Work Education. The program shall incorporate the Code of Ethics of the National Association of Social Workers as a substantial part of the program.

4.8. The Board may refuse to approve the application or rescind the certified or individually approved provider status of a provider that does not adhere to the continuing social work education provider requirements of this rule.

4.9. The Board may monitor and evaluate the records of providers or license holders to determine compliance with this rule.

4.10. The chair of the Board may appoint a continuing education committee to coordinate continuing social work education activities and make recommendations to the Board concerning policies, applications and re-certification.

25CSR5

Series 06 Contested Case Hearings and Disciplinary Procedures

W. Va. Code R. § 25-6-1 General

1.1. Scope. -- This rule specifies the qualifications regarding contested case hearings and disciplinary procedures.

1.2. Authority. -- W. Va. Code §30-30-6.

1.3. Filing Date. -- February 5, 2013.

1.4. Effective Date. -- March 5, 2013.

W. Va. Code R. § 25-6-2 Definitions

2.1. "Complainant” means the person or agency who has filed a complaint.

2.2. "Professional misconduct" or “unprofessional conduct” means any conduct by a licensed social worker not in compliance with the Code of Ethics.

2.3. "Respondent" means the person against whom a complaint is made.

W. Va. Code R. § 25-6-3 Contested Case Hearing Procedures

3.1. All procedures for contested cases are governed by W. Va. Code §29A-5-(1), et seq.

W. Va. Code R. § 25-6-4 Disciplinary Proceedings

4.1. Professional misconduct by a license holder is defined by W.Va. Code § 30-30-26(g)(1-7) that includes, but is not limited to:

4.1.1. Failure to comply with the Code of Ethics of the National Association of Social Workers.

4.2. An individual may file a complaint by contacting the Board in writing. The Board shall provide a complaint form or additional information about filing a complaint upon request.

4.3. Upon receipt of a written complaint, the Board shall acknowledge the complaint within thirty (30) days by registered or certified mail, return receipt requested.

4.3.1. The Board shall mail a copy of a complaint to a respondent by registered or certified mail, return receipt requested, with a request of a detailed reply to the complaint allegations within 30 days.

4.3.2. Should the Board not receive a written response to the allegations within this period, the matter will proceed to investigation and hearing thereafter.

4.3.3. A licensee who reports or provides evidence to the Board of the negligence, impairment, or incompetence of another licensee is immune from civil or criminal liability which may result by reason of that action or actions if made without actual malice and in the reasonable belief that the action is warranted by the facts known to him or her at the time.

4.4. The Board is not required to await a reply prior to applying to a circuit court for an injunction or restraining order to enjoin the respondent from engaging in an act which constitutes or will constitute an immediate danger to the public.

4.4.1. The Board chair may appoint a member or committee of the Board, or a special investigator, to investigate the allegations of the complaint and make recommendations to the Board.

4.4.2. After considering the recommendation of the Investigator, the Board shall determine if probable exists that the licensee or permittee has violated subsection §30-30-26 or any rules promulgated pursuant to this article.

4.4.3. The Board shall notify a the respondent by registered or certified mail, return receipt requested, when probable cause has been determined to exist. The Board may at this time offer a consent agreement.

4.4.4. A notice forwarded to the respondent shall include the following information:

4.4.4.a. That the respondent has the right to a hearing;

4.4.4.b. That the respondent has the right to subpoena and present witnesses and documents on his or her behalf;

4.4.4.c. That the respondent has the right to be represented by a lawyer at his or her expense and to cross-examine witnesses; and,

4.4.4.d. That the complaint will not result in an administrative hearing if the respondent and Board mutually agree upon the findings of fact, conclusions of law and imposed sanctions contained in a consent agreement and order offered to the respondent and subsequently entered into by the respondent and the Board.

4.5. The Board may impose any of the following sanctions, singly or in combination, after finding that a license holder has violated a Board regulation and/or statute:

4.5.1. Refuse to renew a license;

4.5.2. Suspend an existing license for a set period of time and/or impose requirements for reinstatement or renewal of a license;

4.5.3. Revoke an existing license;

4.5.4. Issue a public reprimand;

4.5.5. Impose a period of probation and requirements for the lifting of probation, including meeting continuing education requirements, mandatory supervision by a licensed social worker, peer or professional counseling, a medical, psychological or clinical social work evaluation, or other reasonable requirement, singly or in combination, that the Board considers sufficient to protect the public;

4.5.6. Levy fines not to exceed one thousand dollars ($1,000) per day per offense; and,

4.5.7. Assess fees to recover administrative costs incurred by the Board for disciplinary actions taken.

4.6. The Board may issue a notice to the licensee or permittee to cease and desist.

4.7. Prior to a hearing, the Board shall send the licensee a notice of a hearing, to take place within thirty (30) days, by registered or certified mail, return receipt requested.

4.8. A person representing herself or himself as a social worker who does not have a license, or a person engages in the private, independent practice of social work without an appropriate license, is guilty of a misdemeanor and is subject to penalties of law and/or disciplinary action for professional misconduct.

4.9. After finding that a social worker has violated regulations and/or statute processes and disciplinary action is proposed the Board shall report its findings to the Disciplinary Action Reporting System (DARS) who in turn is the agent for West Virginia in reporting matters to the Health Integrity Practitioner’s Data Bank (HIPDB) as set forth by Federal Law; or other recognized national and state disciplinary action reporting organization, licensing agency, professional association or society, community organization, employers of social workers, the public, or other agencies, institutions, and organizations.

25CSR6

25CSR6

Series 07 Code of Ethics

W. Va. Code R. § 25-7-1 General

1.1. Scope. -- This rule specifies the West Virginia Board of Social Work adoption of the NASW Code of Ethics

1.2. Authority. -- W. Va. Code §30-30-6.

1.3. Filing Date. -- April 17, 2019.

1.4. Effective Date. -- May 1, 2019.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon May 1, 2029.

W. Va. Code R. § 25-7-2 Code of Ethics

2.1. The Board adopts the National Association of Social Workers Code of Ethics, in the version effective January 1, 2018 and incorporates it by reference.

2.2. The Board may take disciplinary action against a licensee who fails to comply with this Code of Ethics.

25CSR7