1.1.  Scope.  -- This legislative rule establishes the qualifications necessary to obtain licensure as a Speech-Language Pathologist and/or Audiologist in the State of West Virginia.  It also establishes the prerequisites and requirements for provisional licensure, license renewal, reinstatement of expired licenses, retirement of licenses, fees, telepractice services and standards of conduct.

            1.1.1.  The West Virginia Board of Speech-Language Pathology and Audiology is authorized to grant or deny licensure only according to the requirements in W.Va. Code §30-32-1 et seq.   The Board has no authority to waive licensure requirements or any conditions for licensure except as stipulated by the law.  All applicants, licensees, registered assistants, postgraduate professional experience supervisors, assistant’s supervisors and all others concerned with licensure or registration shall be held responsible for knowing and understanding W.Va. Code §30-32-1 et seq and Legislative Rules Title §29-1, §29-2, §29-3, §29-4 and §29-5.

1.2.  Authority.  --  W.Va. Code §30-32-7.

      1.3.  Filing Date.  --  April 1, 2022.

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

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

      2.1.  “ASHA” means the American Speech-Language-Hearing Association.

      2.2.  “AAA” means the American Academy of Audiology.

      2.3.  “Board” refers to the West Virginia Board of Examiners for Speech-Language Pathology and Audiology, abbreviated as WVBESLPA.

      2.4.  “Initial” means obtaining a license in West Virginia for the profession sought for the first time.

      2.5.  “License” means a license issued by the Board to someone who meets all the requirements for licensure in Speech-Language Pathology and/or Audiology.

      2.6.  “Low-income Individuals” means individuals 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, Medicaid, or the Supplemental Nutrition Assistance Program. These individuals may apply for the low-income waiver of initial licensing fees.

      2.7  “Military Families” means 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 these forces, and their spouses.  The term also includes surviving spouses of deceased service members who have not remarried. These individuals may apply for the military family waiver of initial licensing fees.

      2.8.  “Provisional License” means a license issued by the Board for completion of the Postgraduate Professional Experience, as set forth in section 13 of this rule.

      2.9.  “Telepractice Services” is defined as the application of telecommunication technology to deliver speech-language pathology and/or audiology services at a distance for assessment, intervention and/or consultation.

      3.1.  To be eligible for licensure by the Board as a speech-language pathologist, the applicant shall:

            3.1.1.  Make application to the Board on the license application form approved by the Board;

                  3.1.1.a.  All required documents for application for a license in Speech-Language Pathology shall be in the English language or sent with a certified translation into the English language;

            3.1.2.  Pay to the Board the appropriate application and license fee as required by section 11 of this rule; or

                  3.1.2.a.  Apply for a military family waiver of all initial licensing fees.    The applicant shall submit the military service verification form, provided by the Board at www.wvspeechandaudiology.com, and all required verification documents with the application for licensure.

                  3.1.2.b.  Apply for a low-income waiver of all initial licensing fees.   The applicant shall submit the Low-Income Waiver of Initial Licensing Fees form, provided by the Board at ww.wvspeechandaudiolgy.com, with the application for licensure.  The applicant shall attest to the validity of the information provided by signing, under penalty of perjury, the Written Declaration;

            3.1.3.  Possess at least a master’s degree or equivalent in Speech-Language Pathology that consists of coursework approved by the Council of Academic Accreditation (CAA).

                  3.1.3.a.  A master’s degree or equivalent in Speech-Language Pathology from an international college or university shall be submitted in the English language and accompanied by an evaluation provided by a credentials evaluation agency approved by the Board.  The applicant may obtain a list of approved credentials evaluation agencies from the board;

            3.1.4.  Complete supervised clinical practicum experience requirements as defined in section 12 of this rule;

            3.1.5.  Complete a post-graduate professional experience as described in section 13 of this rule;

            3.1.6.  Authenticate post-graduate professional experience requirements by submitting verification of the certificate of clinical competence (CCC) issued by ASHA.  Applicants not seeking the certificate of clinical competence shall submit a completed clinical fellowship year report on a form prescribed by the Board and related documentation as described in section 13 of this rule;

            3.1.7.  Obtain a passing score on the national examination in the area of Speech-Language Pathology.  The Board recognizes only the Educational Testing Service’s (ETS) specialty area examinations; and

            3.1.8.  Pass the jurisprudence examination developed by the Board.  The examination score shall be submitted with the application for licensure, fees and other required documents.

      4.1.  To be eligible for licensure by the Board as an Audiologist, the applicant shall:

            4.1.1.  Make application to the Board on the license application form approved by the Board;

                  4.1.1.a.  All required documents for application of a license in Audiology shall be in the English language or sent with a certified translation into the English language;

            4.1.2.  Pay to the Board the appropriate application and license fee as required in section 11 of this rule;

                  4.1.2.a.  Apply for a military family waiver of all initial licensing fees.  The applicant shall submit the military service verification form, provided by the Board at www.wvspeechandaudiology.com, and all required verification documents with the application for licensure; or

                  4.1.2.b.  Apply for a low-income waiver of all initial licensing fees. The applicant shall submit the Low-Income Waiver of Initial Licensing Fees form, provided by the Board at www.wvspeechandaudiology.com, with the application for licensure.  The applicant shall attest to the validity of the information provided by signing, under penalty of perjury, the Written Declaration;

            4.1.3.  Possess at least a master’s degree or equivalent in Audiology that consists of coursework approved by the Council of Academic Accreditation (CAA); A master’s degree or equivalent in Audiology from an international college or university shall be submitted in the English language and accompanied by an evaluation provided by a credentials evaluation agency approved by the Board.  A list of approved credentials evaluation agencies may be obtained from the board;

            4.1.4.  Complete supervised clinical practicum experience requirements as defined in section 12 of this rule;

            4.1.5.  Complete a post-graduate professional experience as described in section 13 of this rule, with the exception of; Any person who has completed a clinical doctorate in audiology (Au.D.) from an accredited institution fulfills the requirement for the Postgraduate Professional Experience;
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4.1.6.  Authenticate post-graduate professional experience requirements by submitting verification of the certificate of clinical competence (CCC) issued by ASHA.  Applicants not seeking the certificate of clinical competence shall submit a completed clinical fellowship year report on a form prescribed by the Board and related documentation as described in section 13 of this rule;

            4.1.7.  Obtain a passing score on the national examination in the area of Audiology.  The Board recognizes only the Educational Testing Service’s (ETS) specialty area examinations; and

            4.1.8.  Pass the jurisprudence examination developed by the Board.  The examination shall be submitted with the application for licensure, fees and other required documents.

      5.1.  To be eligible for provisional licensure by the Board, for purposes of fulfilling a Postgraduate Professional Experience, the applicant shall:

            5.1.1.   Make application to the Board on the license application form approved by the Board;

            5.1.2.   Pay to the Board the appropriate application and license fee as required by section 11 of this rule; or,

                  5.1.2.a.  Apply for a military family waiver of all initial licensing fees. The applicant shall submit  the military service verification form, provided by the Board at www.wvspeechandaudiology.com, and all required verification documents with the application for licensure; or

                  5.1.2.b.  Apply for a low-income waiver of all initial licensing fees. The applicant shall submit the Low Income Waiver of Initial Licensing Fees form, provided by the Board at www.wvspeechandaudiology.com, with the application for licensure.  The applicant shall attest to the validity of the information provided by signing, under penalty of perjury, the Written Declaration;

            5.1.3.   Submit to the Board an official university/college transcript from a university/college approved by the Council of Academic Accreditation in Audiology and Speech-Language (CAA).

                  5.1.3.a.  All required documents for application of a provisional license shall be in the English language or sent with a certified translation into the English language.

                  5.1.3.b.  A master’s degree or equivalent from an international college or university shall be submitted in the English language and accompanied by an evaluation provided by a credentials evaluation agency approved by the Board.  A list of approved credentials evaluation agencies may be obtained from the board; and

            5.1.4.   Submit to the Board an original test score from the Educational Testing Service for the specialty area of Speech-Language Pathology.

      5.2.  The Board shall issue the provisional license for a period of one year.

      5.3.  The provisional licensee shall submit an original Postgraduate Professional Experience (PPE) agreement form to the Board within 30 days after employment begins.  The form shall be completed and signed by the provisional licensee and the licensee’s supervisor.  The Postgraduate Professional Experience requirements are stated in section 13 of this rule.

      5.4.  The provisional license is renewable for one additional year upon proof of the completion of a minimum of 10 hours of Board approved continuing education in the previous one year licensing period, the completion of the license renewal application form, and payment of the provisional license renewal fee as prescribed in section 11 of this rule.

      6.1.  Registration, Renewal, Standard of Care & Standards of Conduct of an Interstate Telepractice Practitioner are stated in section 16 of this rule.

      7.1.  All licenses, except provisional licenses and assistants’ registrations, expire biennially on the  31st  day of December.  Expiration of licenses is always on the even year, e.g., 2018, 2020, etc.

      7.2.  A licensee requesting renewal of a license shall:

            7.2.1.  Pay to the Board the license renewal fees, as stated in section 11 of this rule.

            7.2.2.  Submit an application for renewal on the license renewal form prescribed by the Board; and

            7.2.3.  Complete Board approved continuing education activities as stated in section 14 of this rule.

      7.3. The Board shall notify all licensees of the renewal procedures during the fourth quarter of the year the license expires.  The Board will send notifications will be sent via email to the last email address provided by the licensee.  If an email address is not available, the notification will be sent via US Mail to the last physical home address provided by the licensee.  It is the responsibility of the licensee to notify the Board of any change in contact information.

      7.4.  A license that expires may be renewed within one year of the expiration date, as long as the licensee is entitled to renewal and pays to the Board the renewal fee and the late fee as stated in section 11.

            7.4.1.  A license renewed after expiration is valid only when the applicant meets all renewal requirements.  Prior to the renewal of an expired license, the license is considered inactive.  Anyone providing services with an expired/ or inactive license may face disciplinary actions for unlicensed practice.

      8.1.  The Board may reinstate a license expired for more than one year but fewer than five years if the licensee:

      8.2.  Pays to the Board a reinstatement fee equal to the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, and the license reinstatement fee stated in section 11 of this rule; and

            8.2.1.  Completes 10 clock hours of approved continuing education per year that the license was expired up to a maximum of 25 hours.  The applicant shall submit verification of the required continuing education as part of the license reinstatement process. The continuing education shall include one clock hour of ethics training per year that the license was expired up to a maximum of two hours as stated in section 14 of this rule.

      9.1.  The Board shall grant retired status to Speech-Language Pathologists and Audiologists who do not practice Speech-Language Pathology or Audiology for an extended time period after the expiration date of their current license because of retirement, family matters, etc.

      9.2.  A retired license request form must be completed and submitted to the Board by the licensee requesting the retired license status.

      9.3.  Retired licensees may resume their active status by payment of the biennial renewal fee.

      9.4.  In order to resume the practice of Speech-Language Pathology or Audiology, retired status licensees shall demonstrate completion of five clock hours of continuing education in the area of licensure for each year that the retired status was maintained (maximum of 25 hours).  The continuing education shall include one clock hour of ethics per year the retired status was maintained up to a maximum of two hours as stated in subsection 14.2.1. of this rule.

      9.5.  The licensee may submit the required clock hours of continuing education each year he or she is retired or submit all of the hours the year he or she returns to work in the profession.

      10.1.  Licensees shall comply with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics as set forth in Board Rule §29CSR5.  A licensee who fails to comply with the Code of Ethics is subject to disciplinary action as described in W. Va. Code §30-32-19.

      11.1.  Application fees:

11.1.1.  License, Interstate Telepractice Registration and Provisional license application fee (non-refundable) - $100

11.1.2.  Initial application fees are waived for  applicants who serves as an active duty member of the armed forces of the United States, the National Guard or a reserve unit, active duty members’ spouses, honorably discharged veterans and their spouses, and surviving spouses of deceased services members who have not remarried, as specified in paragraphs 3.1.2.a., 4.1.2.a., and 5.1.2.a. of this rule.

11.1.3.  Initial application fees are waived for applicants who qualify as a low-income individual, as specified in paragraphs 3.1.2.b., 4.1.2.b., and 5.1.2.b. and

11.1.4.  Initial license and Interstate Telepractice Registrations fees are waived as stated in subdivisions 11.1.2. and 11.1.3. of this rule.

      11.2.  License and Interstate Telepractice Registration fees: January – June/First Year of the Licensing Period (odd year)

            11.2.1.  License and Interstate Telepractice Registration fee in Speech-Language Pathology or Audiology - $200

11.2.2.  Dual license fee in Speech-Language Pathology and Audiology - $275

      11.3.  Pro-Rated License Fees:  July – December/First Year of the Licensing Period (odd year)

            11.3.1.  License and Interstate Telepractice Registration fee in Speech-Language Pathology or Audiology - $150

            11.3.2.  Dual license fee in Speech-Language Pathology and Audiology - $206

      11.4.  Pro-Rated License Fees:  January – June/Second Year of Licensing Period (even year)

            11.4.1.  License and Interstate Telepractice Registration fee in Speech-Language Pathology or Audiology - $100

            11.4.2.  Dual license fee in Speech-Language Pathology and Audiology - $138

      11.5.  Pro-Rated License Fees:  July – December/Second Year of Licensing Period (even year)

            11.5.1.  License and Interstate Telepractice Registration fee in Speech-Language Pathology or Audiology - $50

            11.5.2.  Dual license fee in Speech-Language Pathology and Audiology - $70

      11.6.  Provisional License fee - $50

11.7.  Registration fee of a Speech-Language Pathology or Audiology Assistant - $50
11.8.  Renewal fees:

            11.8.1.  Renewal fee in Speech-Language Pathology or Audiology (two years) - $175

            11.8.2.  Renewal fee for Interstate Telepractice Registration (two years) - $175

11.8.1.a.  Renewal fees are waived in Speech-Language Pathology or Audiology for active duty military families.  All other license renewal requirements apply as stated in section 6 of this rule.

            11.8.2.  Renewal fee (Dual) in Speech-Language Pathology and Audiology (two years) - $250

                  11.8.2.a.  Renewal fees are waived in Speech-Language Pathology and Audiology (Dual License) for active duty military families.  All other license renewal requirements apply as stated in section 6 of this rule.

            11.8.3.  Provisional license renewal fee in Speech-Language Pathology (one year) - $50

            11.8.4.  Provisional license renewal fee in Audiology (one year) - $50

11.8.5.  Registration Renewal for Speech-Language Pathology or Audiology Assistant - $30

            11.8.6.  Renewal late fee - $75 (applies when renewal application, renewal registration or renewal fees or both are received within one year of license or registration expiration date) W.Va. Code §30-32-17.b.

            11.8.7.  Reinstatement fee  - $100 (applies to a license or registration which has lapsed more than one year and fewer than five years) W.Va. Code §30-32-17.c.

      11.9.  Fees for Services Rendered.

            11.9.1.  Duplicate License - $10

            11.9.2.  Duplicate Wall Certificate  - $15

            11.9.3.  Copies of public records (per page; includes shipping) - $.50

            11.9.4.  Roster of Active Licensees for Speech-Language Pathology - $100

            11.9.5.  Roster of Active Licensees for Audiology - $50

            11.9.6.  Insufficient Funds Penalty - $20

            11.9.7.  Review and evaluate continuing education program from event provider - $50

11.9.8.  Out - of – State Letters of Good Standing or Affidavits - $25 

            11.9.9.  Copies of Rules and Regulations  - $10 (Free online on the Board’s website.)

      12.1.  All Speech-Language Pathology applicants shall complete a minimum of 400 clock hours to complete the academic clinical practicum requirement.  Twenty-five hours must be spent in clinical observation and 375 hours must be spent in direct client/patient contact, as required by the Council on Academic Accreditation in Speech-Language Pathology (CAA).

            12.1.1.  Up to 20 clock hours in the major professional area may be in related disorders.

            12.1.2.  At least 20 of the 400 hours shall be in Audiology.

      12.2.  The applicant shall demonstrate direct client/patient clinical experiences in both assessment and intervention with children and adults from the following range of disorders and differences:
12.2.1.  Articulation;

            12.2.2.  Fluency;

            12.2.3.  Voice and resonance, including respiration and phonation;

            12.2.4.  Receptive and expressive language (phonology, morphology, syntax, semantics, pragmatics, prelinguistic communication and paralinguistic communication) in speaking, listening, reading and writing;

            12.2.5.  Hearing, including the impact on speech and language;

            12.2.6.  Swallowing (oral, pharyngeal, esophageal and related functions, including oral function for feeding, orofacial myology);

            12.2.7.  Cognitive aspects of communication (attention, memory, sequencing, problem-solving and executive functioning);

            12.2.8.  Social aspects of communication (including challenging behavior, ineffective social skills, and lack of communication opportunities); and

            12.2.9.  Augmentative and alternative communication modalities

      12.3.  All Audiology applicants shall obtain at least 350 clock hours to complete the academic clinical practicum requirement.

            12.3.1.  For licensure in Audiology the applicant shall obtain at least 40 hours in the following two categories:

                  12.3.1.a.  Evaluation of hearing in children; and

                  12.3.1.b.  Evaluation of hearing in adults.

            12.3.2.  At least 80 hours shall be obtained in the following two categories:

                  12.3.2.a.  Selection and use of amplification and assistive listening devices for children; and

                  12.3.2.b.  Selection and use of amplification and assistive listening devices for adults.

                  12.3.2.c.  At least 10 additional hours shall be completed in any of categories in paragraphs 12.3.1.a.;.3.1.b.; 12.3.2.a. through 12.3.2.b. of this rule.

            12.3.3.  At least 20 of the 250 hours shall be obtained in the treatment of hearing disorders in children and adults.

            12.3.4.  Up to 20 hours in the major area may be in related disorders and at least 20 of the 350 clock hours shall be in speech-language pathology.

      12.4.  Any person who has completed a clinical doctorate in Audiology (Au.D.) from an accredited institution fulfills the requirement for the Clinical Practicum requirements.

      13.1.  The purpose of the post-graduate professional experience (PPE) is to permit a provisional licensee to practice speech-language pathology while working under the supervision of a person fully licensed by the board in the area in which licensure is sought. The PPE does not apply to an audiologist with a clinical doctorate degree as described in subsection 13.14 of this rule.

      13.2.  The post-graduate professional experience may be obtained in any one of a number of diverse employment settings.  The determination of whether a given setting is appropriate for the clinical fellow is achieved by applying:

            13.2.1.  The criterion of whether the particular program is designed to evaluate, habilitate, or rehabilitate the communicative functioning of speech, language, and hearing handicapped persons.

            13.2.2.  The program shall afford the possibility that the postgraduate professional experience supervisory requirements can be met.

      13.3.  The type and amount of experience which is acceptable during the postgraduate professional experience is defined as no less than nine months of full-time professional employment (a minimum of 30 hours per week).

      13.4.  The requirement may also be met by less than full-time employment as follows:

            13.4.1.  Work 15-19 hours per week over 18 months;

            13.4.2.  Work 20-24 hours per week over 15 months; or

            13.4.3.  Work 25-29 hours per week over 12 months.

      13.5.  In the event that part-time employment is used to fulfill a part of the postgraduate professional experience, 100% of the minimum hours of the part-time work per week requirement shall be spent in direct professional experience as defined in subsection 13.4. of this rule, subdivisions 13.4.1, 13.4.1 and 13.4.3. of this rule.  Professional employment of less than 15 hours per week does not fulfill any part of this requirement.  If the postgraduate professional experience is not initiated within two years of the date the academic and practicum education is completed, the clinical fellow shall meet the academic and practicum requirements current when the postgraduate professional experience begins.  The postgraduate professional experience shall be completed within a maximum of 36 months.

      13.6.  The Board requires that at least 80% of the postgraduate professional experience work week shall be in direct client contact (assessment, diagnosis, evaluation, screening, habilitation, or rehabilitation) and activities related to client management.

      13.7.  Only individuals holding a current West Virginia licensure in speech-language pathology, audiology, the ASHA Certificate of Clinical Competence (CCC) and at least two years of clinical experience are eligible to supervise applicants during the postgraduate professional experience.  Applicants may obtain names of qualified individuals from the Board.

      13.8.  Supervision of the provisional licensee shall include direct observation of diagnostic and therapeutic procedures.  Other supervisory activities include:
13.8.1.  Conferring with the provisional licensee concerning clinical treatment strategies;

            13.8.2.  Monitoring changes in patients’ communication behaviors;

            13.8.3.  Evaluating the provisional licensee’s clinical records, including

                  13.8.3.a.  Diagnostic reports;

                  13.8.3.b.  Treatment records;

                  13.8.3.c.  Correspondence;

                  13.8.3.d.  Plans of treatment; and

                  13.8.3.e.  Summaries of clinical conferences;

            13.8.4.  Monitoring the provisional licensee’s participation in case conferences;

            13.8.5.  Monitoring the provisional licensee’s work by professional colleagues’ evaluation of the clinical fellow;

            13.8.6.  Monitoring the provisional licensee’s work by patients and their families’ evaluation of the clinical fellow; and

            13.8.7.  Monitoring the provisional licensee’s contributions to professional meetings and publications, as well as participation in other professional growth opportunities.

      13.9.  Postgraduate professional experience supervision shall entail the personal and direct involvement of the supervisor in any and all ways that will permit the postgraduate professional experience supervisor to monitor, improve and evaluate the provisional licensee’s performance in the professional employment.  The postgraduate professional experience supervisor shall base the total evaluation on no less than 36 direct supervisory activities and/or observations during the postgraduate professional experience.  The supervisor shall include 18 on-site observations of the provisional licensee in the following manner:

            13.9.1.  one hour = one on-site observation (up to six hours may be accrued in one day); and

            13.9.2.  at least six on-site observations shall be accrued during each third of the experience.

            13.9.3.  The postgraduate professional experience supervisor shall complete 18 other monitoring activities (at least one per month).

      13.10.  The supervisor’s role throughout the postgraduate professional experience may be considered that of a mentor and shall include mentoring the provisional licensee in all aspects of the professional employment. The supervisor shall include regular monthly communication around mutually developed goals including professional, educational and personal objectives.  Since one purpose of the postgraduate professional experience is to improve the clinical effectiveness of the provisional licensee, supervisors shall share and discuss their evaluations with the provisional licensee throughout the postgraduate professional experience year, as well as during a monthly evaluation conference. The monthly evaluation conference may be in conjunction with one of the on-site conferences and shall include:

13.10.1.  Detailed feedback regarding clinical performance; and

            13.10.2.  Summarizing a list of clinical strengths and goals of the provisional licensee on the “PPE Supervision Contacts Log”.

      13.11.  A conference shall be held upon completion of the professional experience for a review and discussion of the “PPE Supervisor’s Report.”

      13.12.  The PPE Supervision Contacts Log and the PPE Supervisor’s Report shall be submitted to the Board within 30 days after the professional experience is completed.

      13.13.  After submission of the PPE Supervision Contacts Logs and the PPE Supervisor’s Report to the Board for approval, the provisional licensee shall abide by the regulations for the provisional license until full licensure is granted.    

      13.14.  Any person who has completed a clinical doctorate in audiology (Au.D.) from an accredited institution fulfills the requirement for the Postgraduate Professional Experience.

      14.1.  In order to renew a Speech-Language Pathology, Audiology or provisional license, the licensee shall complete continuing education units that relate directly to professional growth and development, e.g., clinical skills. The continuing education requirements for Speech-Language Pathology and Audiology Assistants are stated in the Board’s Rule – Rule Governing Speech-Language Pathology and Audiology Assistants, 29CSR2.

            14.1.1.  A person initially licensed during the last six months of the two year licensing period is not required to complete CEU’s as a prerequisite for the first renewal of his or her license.

            14.1.2.  The Board may grant an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the licensee, such as extended illness, temporary disability, military deployment or officially declared disasters.  The request for the exemption shall include corroboration of the circumstances.

      14.2.  A professional licensee shall obtain a minimum of 20 clock hours of continuing education during every two-year licensure period. Licensees who exceed the minimum continuing education requirement may carry a maximum of six hours forward to the next reporting period only. A provisional licensee shall obtain ten hours of continuing education during his or her provisional license year in order to renew his or her provisional license.  An individual with professional licenses in both speech-language pathology and audiology shall obtain 15 clock hours of continuing education credits in each area, for a total of 30 clock hours during the two-year license period.

            14.2.1.  One clock hour per year (total of two clock hours) of approved ethics continuing education is required for license renewal.

      14.3.  The Board shall accept credits issued by the following organizations:

14.3.1.  The American Speech-Language-Hearing Association;
14.3.2.  The West Virginia Speech-Language-Hearing Association;

            14.3.3.  The American Academy of Audiology; and

14.3.4.  Activities approved by the Board.

      14.4.  Online continuing education courses will be accepted if issued/approved by the organizations in subsection 14.3 or approved by the Board.

      14.5.  The presenting licensee may count one and one-half times the value of a workshop the first time it is presented to allow for preparation time (Example: a three hour workshop = four and one-half hours of CE).  The workshop will count for the actual hour value for each subsequent presentation of the same workshop.

      14.6.  Teaching at the college level in the area of communication disorders and audiology is not acceptable for continuing education.

      14.7.  A licensee shall attest to the completion of the required continuing education on the renewal application at the time of license renewal.

            14.7.1.  The licensee shall retain all continuing education documents for inspection by the Board for four years after the date of renewal.

            14.7.2.  The Board may audit licensees for continuing education compliance after every two year renewal cycle, to include:

                  14.7.2.a.  Licensees who fail to attest to the completion of all required continuing education on the renewal application;

                  14.7.2.b.  Fifteen percent of licensees may be selected for a random audit.

            14.7.3.  The Board shall notify licensees randomly selected for the audit by certified mail.  The licensees shall respond by sending continuing education documents via email, fax or mail within 30 days of receiving the audit notification.  The documentation may include completion certificates, ASHA CE Registry, AAA transcript, conference session logs, etc.

            14.7.4.  Licensees who fail to comply with the audit requirements may be subject to disciplinary action by the Board.

      14.8.  Continuing education activities from organizations other than those specified in subdivisions 14.3.1., 14.3.2., 14.3.3., and 14.3.4. of this rule require prior approval from the Board.

            14.8.1.  The licensee shall submit the following information for pre-approval of continuing education hours:

                  14.8.1.a.  The name of the activity;

                  14.8.1.b.  The name and credentials of the speaker or presenter;

                  14.8.1.c.  The date and hours of the activity (including the agenda);

                  14.8.1.d.  The location of the activity; and

                  14.8.1.e.  The contact person or coordinator of the activity and his or her telephone number;

14.8.1.f.  The goals of the activity;

                  14.8.1.g.  The target group of the activity; and

                  14.8.1.h.  The total number of continuing education hours requested for the activity.

            14.9.1.  The licensee shall request pre-approval (minimum 30 days in advance) from the Board for self-study or other appropriate CE hours. 

            14.9.2.  Self-study activities include:

                  14.9.2.a.  Professional presentations on recorded media including; audio, video, and online courses (both live and pre-recorded);

                  14.9.2.b.  Reading of professional journal articles that contain self-examination questions at the end.  The licensee shall submit the articles for pre-approval:

                  14.9.2.c.  Reading journal articles and submitting summarization of articles to the Board; and

                  14.9.2.d.  Publication of diagnostic and/or therapeutic materials:

            14.9.3.  Licensees who elect to audit university classes in speech-language pathology or audiology shall submit a self-study plan for pre-approval from the Board in order to qualify for CE credit.

      15.1  Definitions.

            15.1.1.  “Equivalent” is defined as holding a bachelor’s degree from an accredited college or university.

            15.1.2.  “Equivalency” is defined as at least 42 post-baccalaureate semester hours acceptable toward a master’s degree.

      15.2.  Outline of the Academic Courses required for the basis of the Master’s Degree Equivalency.

            15.2.1.  At least 30 semester hours shall be in the areas of Speech-Language Pathology, Audiology, or Speech-Language and Hearing Science.

            15.2.2.  Speech-Language Pathologists and Audiologists shall obtain at least 21 of these 42 semester hours from a single college or university.

            15.2.3.  No academic hours shall be completed more than 10 years prior to the date of application.

            15.2.4.  No more than six semester hours shall be obtained for clinical practicum.

      15.3. In evaluation of credits, one-quarter hour is the equivalent of two-thirds of a semester hours.  An applicant shall submit official transcripts to the Board for special evaluation if the transcript does not report credit in terms of semester or quarter hours.

      15.4.  An applicant shall complete a total of 60 additional semester hours of academic credit from accredited colleges or universities.  These hours must demonstrate that the applicant has obtained a well-integrated program or course study dealing with the normal aspects of human communication, development, disorders, and clinical techniques for evaluation and management of such disorders.

      15.5.  Courses in Basic Communication Processes Area.

            15.5.1.  The applicant shall complete 15 of these 60 hours in courses that provide information pertaining to normal development and use in speech, language and hearing, hereafter referred to as the basic communication processes area.  These 15 hours shall provide the applicant with a wide exposure to diverse kinds of information suggested by the following areas:

                  15.5.1.a.  Anatomic and physiological basis for the normal development and use of speech, language and hearing such as anatomy, neurology, and physiology of speech, language and hearing mechanisms;

                  15.5.1.b.  Physical basis and processes of the production and perception of speech, language and hearing, such as:

                        15.5.1.b.1.  acoustics or physics of sound;

                        15.5.1.b.2.  phonology;

                        15.5.1.b.3.  physiologic and acoustic phonetics;

                        15.5.1.b.4.  perceptual processes; and

                        15.5.1.b.5.  psychoacoustics; and

                  15.5.1.c.  Linguistic and psycholinguistic variables related to normal development and use of speech, language and hearing, such as:

                        15.5.1.c.1.  linguistics (historical, descriptive, socialinguistics, urban language);

                        15.5.1.c.2.  psychology of language;

                        15.5.1.c.3.  psycholinguistics;

                        15.5.1.c.4.  language and speech acquisition; and

                        15.5.1.c.5.  verbal learning or verbal behavior.

15.5.2.  The applicant shall earn at least two semester hours of credit in each of the three categories, set forth in 15.5.1.a., 15.5.1.b., and 15.5.1.c. of this rule.
15.6.  It is emphasized that the three broad categories of required education in this section, and the examples of areas of study within these classifications, are not meant to be analogous to, or imply, specific course titles.  Neither are the examples of areas of study within these categories meant to be exhaustive.  Some of these 15 semester hours may be obtained in courses that are taught in departments other than those offering speech-language pathology and audiology degrees.

            15.6.1.  The applicant shall not receive credit for courses designed to improve one’s speaking and/or writing ability.

      15.7.  The applicant shall obtain 30 of these 60 semester hours in courses that provide:

            15.7.1.  information relative to communication disorders;

            15.7.2.  information about and training in evaluation and management of speech, language and hearing disorders; and

            15.7.3.  At least 24 of these 30 semester hours shall be in courses in the major professional area (Speech-Language Pathology or Audiology) for which licensure is requested At least six hours shall be in audiology for licensure in speech-language pathology and at least six hours shall be in speech-language pathology for licensure in audiology, hereafter referred to as the minor professional area.

      15.8.  Professional Education Hours Required for Speech-Language Pathology.

            15.8.1.  The 24 semester hours of professional education required for licensure in speech-language pathology should be in the broad, but not necessarily exclusive, categories of study as follows:

                  15.8.1.a.  Understanding of speech and language disorders, such as:

                        15.8.1.a.1.  various types of disorders of communication;

                        15.8.1.a.2.  their manifestations; and

                        15.8.1.a.3.  their classifications and causes;

                  15.8.1.b.  Evaluation skills such as procedures, techniques, and instrumentation used to assess:

                        15.8.1.b.1.  the speech and language status of children and adults; and

                        15.8.1.b.2.  the basis of disorders of speech and language; and

                  15.8.1.c.  Management procedures; such as principles in remedial methods used in habilitation and rehabilitation for children and adults with various disorders of communication.

            15.8.2.  At least six semester hours shall deal with speech disorders and at least six semester hours shall deal with language disorders.

15.8.3.  The remaining six semester hours of the 30 shall be in the minor professional area of audiology.  Of these six semester hours, three semester hours shall be in the habilitative rehabilitative procedures with speech and language problems associated with hearing impairment, and three semester hours shall be in study of the pathologies of the auditory system and assessment of auditory disorders.  However, when more than the minimum six semester hours is met, study of habilitative/or rehabilitative procedures may be counted in the major professional area.

15.9.  Professional Education Hours Required for Audiology.

            15.9.1.  The 24 semester hours of professional education required for licensure in audiology should be in the broad, but not necessarily exclusive, categories of study as follows.

                  15.9.1.a.  auditory disorders, such as:

                        15.9.1.a.1.  pathologies of the auditory system; and

                        15.9.1.a.2.  assessment of auditory disorders and their effective on communication;

                  15.9.1.b.  habilitative or rehabilitative procedures, such as:

                        15.9.1.b.1.  selection and use of appropriate amplification instrumentation for the hearing impaired, both wearable and group;

                        15.9.1.b.2.  evaluation of speech and language problems of the hearing impaired; and

                        15.9.1.b.3.  management procedures for speech and language habilitation and/or rehabilitation of the hearing impaired, that may include manual communication;

                  15.9.1.c.  conservation of hearing, such as:

                        15.9.1.c.1.  environmental noise control; and

                        15.9.1.c.2.  identification audiometry (school, military, industry); and

                  15.9.1.d.  Instrumentation, such as:

                        15.9.1.d.1.  electronics;

                        15.9.1.d.2.  calibration technique; and

                        15.9.1.d.3.  characteristics of amplifying systems.

            15.9.2.  At least six semester hours shall deal with auditory pathology and at least six semester hours shall deal with habilitation and rehabilitation.

            15.9.3.  The remaining six semester hours of the 30 shall be in the minor professional area of speech-language pathology. Of these six semester hours, three semester hours shall be in speech pathology, and three semester hours shall be in language pathology.  It is suggested that where only this minimum requirement of six semester hours is met, that the study be in the areas of evaluation procedures and management of speech and language problems that are not associated with hearing impairment.

            15.9.4.  An individual who holds a clinical doctorate in audiology (Au.D.) and has completed 75 hours of post-baccalaureate coursework from a regionally accredited audiology program fulfills the requirement for a supervised postgraduate professional employment experience.

      15.10.  Related Areas of Study.

            15.10.1.  In addition to the 15 semester hours of course study in basic communication processes, the 24 semester hours in the major professional area, and the six semester hours in the minor professional area, credit for study of information pertaining to related fields that augment the work of the clinical practitioner of speech-Language Pathology and/or Audiology may also apply toward the total 60 semester hours, hereafter referred to as related areas.  Such study should pertain to the understanding of human behavior, both normal and abnormal, as well as services available from related professions, and in general should augment the background for a professional career.  Examples of such areas of study are:

                  15.10.1.a.  theories of learning and behavior;

                  15.10.1.b.  services available from related professions that also deal with persons who have disorders of communication; and

                  15.10.1.c.  information from these professions about the sensory, physical,  emotional, social, and/or intellectual status of a child or an adult.

            15.10.2.  Academic credit obtained from practice teaching or practicum work in other professions  may not be counted toward the minimum requirements.

            15.10.3.  In order that the future applicant for one of the professional licenses shall be capable of critically reviewing scientific matters dealing with clinical issues relative to speech-language pathology and audiology, credit for study in the area of statistics, beyond an introductory course, allowed to a maximum of three semester hours.  Academic study of the administrative organization of Speech-Language Pathology and Audiology programs may also be applied to a maximum of three semester hours.

            15.10.4.  Certain types of course work are acceptable among more than one of the areas of study specified in subsection 14.10 of this rule, depending on the emphasis.  For example, courses that provide an overview of research, e.g., introduction to graduate study or introduction to research in communication sciences, disorders or management, and/or a more general presentation of research procedures and techniques that permit the clinician to read and evaluate literature critically are acceptable for a maximum of three semester hours.  These courses may be credited to the basic communication process area, or one of the professional areas or related area, if substantive content of the courses covers material in those areas.

                  15.10.4.a.  Academic credit for a thesis or dissertation is be acceptable for a maximum of three semester hours in the appropriate area.

                  15.10.4.b.  The applicant shall submit an abstract of the study with the application if credit is requested.

15.10.4.c.  In order to be acceptable, the thesis or dissertation must have been an experiment of descriptive investigation in the areas of speech, language and hearing science, Speech-Language Pathology or Audiology.  Credit is not allowed if the project was a survey of opinions, a study of professional issues, an annotated bibliography, biography, or a study of curricular design.

            15.10.5.  As set forth in subsection 15.10 of this rule, the academic credit hours obtained from one course or one enrollment may, although should not be in some instances, divided among the basic communication processes area and one of the professional areas, and/or the related area.  In such cases, a description of the content of that course should accompany the application.  This description should be extensive enough to provide the Board with information necessary to evaluate the validity of the request to apply the content to more than one of the areas.  Study in the area of understanding, evaluation, and management of speech and language disorders associated with hearing impairment may apply to the 24 semester hours in the major professional area associated with either license (Speech-Language Pathology or Audiology).

                  15.10.5.a.  The applicant is not allowed more than six semester hours in that area of study toward the license in speech-language pathology.

            15.10.6.  Thirty of the total 60 semester hours that are required for licensure shall be in courses that are acceptable toward a graduate degree by the college or university in which they are taken.

                  15.10.6.a.  This requirement can be met by courses completed as an undergraduate providing the college or university in which they are taken specifies that these courses would be acceptable toward a graduate degree if they were taken for graduate degree if they were taken for graduate credit.

                  15.10.6.b.  Twenty-one of these 30 semester hours shall be within the 24 semester hours required in the professional area (speech-language pathology or Audiology) for which licensure is requested or within the six semester hours required in the other area as specified in subdivision 15.7.3. of this rule.

      15.11.  A student who is enrolled in a terminal degree program in Speech-Language Pathology or Audiology who has not yet completed a terminal degree is not eligible for licensure.

      16-1.  Definitions:

            16.1.1.  “Established patient” means a patient who has, within the last three years, received professional services, face-to-face, from the physician, qualified health care professional, or another physician or qualified health care professional of the exact same specialty and subspecialty who belongs to the same group practice.

            16.1.2.  “Health care practitioner” means a person authorized to practice under W. Va. Code §30-3-1 et. seq., & 30-32-1 et seq., and any other person who provides healthcare services and is licensed under this Rule.

            16.1.3.  “Interstate telepractice services” means the provision of telepractice services to a patient located in West Virginia by a health care practitioner located in any other state or commonwealth of the United States.

            16.1.4.  “Registration” means an authorization to practice a health profession regulated by W. Va. Code §30-1-1 et seq.and §30-32-1 et seq. for the limited purposed of providing interstate telepractice services within the registrant’s scope of practice.

            16.1.5  “Telepractice 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 the 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, email messages, or facsimile transmissions.

16.2.  To be eligible for registration as an interstate telepractice practitioner, the registrant shall:

            16.2.1.  Submit registration to the Board on the registration form approved by the Board;

            16.2.2.  Pay to the Board the appropriate registration fee as required in section 11 of this rule;

            16.2.3.  Pass the jurisprudence examination developed by the Board.  The applicant shall submit the completion certificate with the registration form, fees, and other required documents.

            16.2.4.  Hold license in good standing in all states  he or she is currently providing services and shall not currently be under investigation or subject to an administrative complaint.

            16.2.5.  The Board shall issue registration as an out-of-state telepractice practitioner when the health care practitioner-patient relationship is established.

16.3.  The registration of out-of-state telepractice practitioner expires biennially on the 31st day of December.  Expiration of a registration is always on the even year, e.g., 2022, etc.

16.4.  A registrant requesting renewal of a registration shall:

16.4.1.  Pay to the Board the registration renewal fees, as stated in section 11 of this rule.

16.4.2.  Submit a registration for renewal on the registration form provided by the Board;

16.4.3.  Complete 20 hours of Board approved continuing education activities specific to telepractice clinical skills.  Full details of the continuing education requirements are stated in section 14 of this rule.

16.5.  The Board shall notify all registrants of the renewal procedures during the fourth quarter of the year the registration expires.  Notifications will be sent via email to the last email address provided by the registrant.  If an email address is not available, the notification will be sent via US Mail to the last physical home address provided by the licensee.  It is the responsibility of the licensee to notify the Board of any change in contact information.

16.6.  A registration that expires may be renewed within one year of the expiration date, as long as the registrant is entitled to renewal and pays the Board the renewal fee and the late fee as stated in section 11.

16.6.1.  A registration renewed after expiration is valid only when all renewal requirements are met.  Prior to the renewal of an expired registration, the registrant is considered inactive.  Anyone providing services with an expired or inactive license may face disciplinary actions for unlicensed practice.

      16.7.  The Standard of Care for the Provision of Out-of-State Telepractice Services.

            16.7.1  The standard of care requires that with respect to the established patient, the patient shall visit an in-person health care practitioner within 12 months of using the initial telepractice service or the telepractice service shall no longer be available to the patient until an in-person visit is obtained.  This requirement may be suspended, in the discretion of the health care practitioner, on a case-by-case basis, but it does not apply to the following services:  acute inpatient care, post-operative follow-up checks, behavioral medicine, addiction medicine, or palliative care.

      16.8.  A registration issued pursuant to the provisions of the requirements of this section does not authorize a health care professional to practice from a physical location within this state without first obtaining appropriate licensure.

      16.9.  A healthcare professional who registers to provide interstate telepractice services pursuant to the provisions of or the requirements of this section shall immediately notify the board of any restrictions placed on the individual’s license to practice in any state or jurisdiction.

      16.10.  Interstate Registrants shall comply with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology W. Va. Code §30-32-1 et seq. and the Board W. Va. Code Rule Title §29.  Failure to comply with the W, Va. Code §30-32-1 et seq. and W. Va. Code Rule Title §29 will be grounds for disciplinary action as described in W.Va. Code §30-32-19.

      16.11.  A person currently licensed in West Virginia is not subject to registration but shall practice telepractice in accordance with the provisions of sections W. Va. Code Rule §29-1-17.

      17.1.  Definitions.
17.1.1.  “Asynchronous” is defined as images or data that are captured and transmitted for later review by a provider.

            17.1.2.  “Client/Patient” is defined as a consumer of telepractice services.

            17.1.3.  “Facilitator” is defined as the individual at the client site who facilitates the telepractice service delivery at the direction of the speech-language pathologist or audiologist.
For purposes of fulfilling the facilitator role at the direction of the speech-language pathologist or audiologist, an individual does not have to become licensed as an aide.

            17.1.4.  “Provider” is defined as a speech-language pathologist or audiologist, fully licensed by the board, who provides telepractice services.

            17.1.5.  “Service Delivery Model” is defined as the method of providing telepractice services.

            17.1.6.  “Site” is defined as the client/patient location for receiving telepractice services.

            17.1.7.  “Stored Clinical Data” is defined as video clips, sound/audio files, photo images, electronic records, and written records that may be available for transmission via telepractice communications.
17.1.8.  “Synchronous” is defined as interactive audio and video telepractice service occurring in real time.
17.1.9.  “Telepractice Service” is defined as 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 the 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, email messages, or facsimile transmissions.  

      17.2.  Service Delivery Models

            17.2.1.  Telepractice Services may be delivered in a variety of ways, including, but not limited to those set out in this section.

                  17.2.1.a.  Store-and-forward model/is the asynchronous capture and transmission of clinical data from one location to a provider.

                  17.2.1.b.  Synchronous clinician interactive model is a real time interaction between the provider and client/patient that may occur via encrypted audio and video transmission over telecommunication links including, but not limited to, videoconferencing.

      17.3.  Guidelines for Use of Facilitators

            17.3.1.  Facilitators may be used to assist clients on site when telepractice services are provided. The Speech-Language Pathologist or Audiologist is responsible for conducting the session and directing the activities of the facilitator.  The facilitator may be a teacher’s aide, a nursing assistant, a speech-language pathology or audiology assistant or other type of support personnel.

            17.3.2. The Speech-Language Pathologist or Audiologist is responsible for ensuring the facilitator is appropriately trained to provide the type of assistance needed.  Activities may include:

                  17.3.2.a.  Escorting the client or patient or student to and from sessions;

                  17.3.2.b.  Establishing and troubleshooting the telepractice connection;

                  17.3.2.c.  Setting up therapy materials;

                  17.3.2.d.  Positioning the client/patient at the direction of the Speech-Language Pathologist or Audiologist;

                  17.3.2.e.  Remaining with the client/patient or student during sessions;

                  17.3.2.f.  Assisting with behavior management, as needed;

                  17.3.2.g.  Communicating with on-site staff or teachers about scheduling, and

                  17.3.2.h.  In some instances, serving as the interpreter.

      17.4.  Guidelines for Use of Telepractice.

            17.4.1.  The provider shall comply with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics as set forth in W. Va. Code Rule §29 -1, §29-5-2 and Scope of Practice requirements set forth in W.Va. Code §30-32-13 & §30-32-14, when providing telepractice services.  A provider who fails to comply may be subject to disciplinary action as described in W.Va. Code §30-32-19.

            17.4.2.  Telepractice services delivered via telecommunication technology shall be equivalent to the quality, scope and nature of services delivered face-to-face, i.e., in person.

            17.4.3.  The quality of electronic transmissions shall be appropriate for the delivery of telepractice services as if those services were provided in person.

            17.4.4.  Providers shall have the knowledge and skills to competently deliver services via telecommunication technology by virtue of education, training and experience.

            17.4.5.  Providers are responsible for assessing the client’s candidacy for telepractice including behavioral, physical and cognitive abilities to participate in services provided via telecommunications.

            17.4.6.  A provider shall be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment and management of the clients/patients.

            17.4.7.  Equipment used for the delivery of telepractice services at the provider site shall be maintained in appropriate operational status to provide the appropriate quality of services.

            17.4.8.  Equipment used at the client/patient site shall be in appropriate working condition and considered appropriate by the provider.

            17.4.9.  As pertaining to liability and malpractice issues, a provider shall be held to the same standards of practice as if the telepractice services were provided in person.

            17.4.10.  Telepractice providers shall comply with all laws and rules governing the maintenance of patient/client records, including patient/client confidentiality requirements, regardless of the state where the records of any patient/client within this state are maintained.

            17.4.11.  Notification of telepractice services shall be provided by the practitioner to the patient/client, the guardian, the caregiver, and the multi-disciplinary team, if appropriate.  The notification shall include, but not be limited to:  the right to refuse telepractice services and options for service delivery.

      17.5.  Limitations of Telepractice Services

            17.5.1.  Telepractice services shall not be provided by correspondence only, e.g., mail, email, fax, although correspondence may be adjuncts to telepractice.

            17.5.2.  Telepractice services shall not be provided by:

                  17.5.2.a.  Speech Pathology or Audiology Assistants

      17.6.  Licensure Requirements for Providing Telepractice Services.

            17.6.1.  A provider of telepractice services who practices in this State shall be licensed by the Board, per license requirements set forth in W.Va. Code, §30-32-9., §30-32-10. & W.Va..Code Rule §29-1-3., §29-1-4., and §29-1-5.

            17.6.2.  A provider of telepractice services who resides out of this State and who provides telepractice services to clients/patients in West Virginia shall be registered by the Board, per registration requirements set forth in W.Va. Code, §30-1-26 et seq, & W.Va. Code Rule §29-1-16.

            17.6.3.  A provider of telepractice services shall be competent in both the type of services provided and the methodology and equipment used to provide the services.

1.1.  Scope.  -‑  This rule specifies the procedure for the adjudication of contested case hearings before the Board.

1.2.  Authority.  --  WV Code §§30-32-1 et seq. and 30-1-1 et seq.

1.3.  Filing Date.  --  June 13, 2014

1.4.  Effective Date.  --  July 15, 2014

The following words and phrases as used in this rule shall have the following meanings, unless the context otherwise requires:

2.1.  "Board" means the West Virginia Board of Speech-Language Pathology and Audiology.(WVBESLPA)

2.2. "Demanding party" means an individual who has been denied a license to practice speech-language pathology or audiology by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.3.  “Charged party” means an individual who holds a license to practice speech-language pathology or audiology issued by the Board and who has been charged by the Board as described in Section 3.4 of these rules.

2.4.  “License” means a license or provisional license issued by the Board pursuant to  WV Code §30-32 et seq.

2.5.  "Licensee" means an individual who holds a license to practice speech-language pathology or audiology issued by the Board.  

2.6.  “Practice of speech-language pathology and audiology” means the practice of speech-language pathology and audiology as defined in  WV Code §30-32-4 and includes speech-language pathologists, audiologists and speech-language pathology and audiology assistants.

3.1.  Any applicant denied a license or any licensee  who has had their license suspended by the Board who believes such denial was in violation of  WV Code §§30-1-1 et seq. and/or 30-32-1 et seq. shall be entitled to a hearing on the action denying or suspending such license.

3.2.  Any person who desires a hearing for the reason described in subsection 3.1 of this section must present a written demand for such to the Board.

3.3.  When the chair of the Board or his or her authorized designee is presented with such a demand for a hearing, a hearing shall be scheduled within forty‑five (45) days of receipt by the Board of such written demand, unless postponed to a later date by mutual agreement.

3.4.  Charges may be instituted against any licensee by the Board when probable cause exists for believing that the licensee may have engaged in conduct, practices or acts in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in WV Code §30-32 et seq.  or the Board's legislative rules.  Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint.  Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5.  Charges instituted against a licensee as described in subsection 3.4 of this section shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of speech-language pathology and audiology.  Such Complaint and Notice of Hearing shall designate the Board as the “Complainant”, and shall designate the licensee involved in the proceeding as the “Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the Respondent of the nature, time and place of the conduct or condition complained of therein; and shall state the date, time and place for the hearing.

3.6.  Upon receipt of a demand for a hearing described in subsections 3.1 and 3.2 of this section, the chair or his or her designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of speech-language pathology and audiology.  Such Complaint and Notice of Hearing shall designate the demanding party as the "Complainant and shall designate the Board as the “Respondent"; shall set out the substance of each and every reason that the Board has denied the demanding party a license or permit with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

3.7.  The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

3.8.  A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of hearing.

3.9.  Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of Licensure shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

3.10.  Hearings shall be conducted as follows:

3.10.1.  Any party to a hearing shall have the right to be represented by an attorney‑at‑law, duly qualified to practice law in the state of West Virginia.

3.10.2.  The Board shall be represented by the West Virginia Attorney General's Office.

3.10.3.  Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing.  Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed.  However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible there under may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

3.10.4.  The rules of privilege recognized by the law of this state shall be followed.

3.10.5.  Objections to evidentiary offers shall be noted in the record.  Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

3.10.6.  Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure or a permit.

3.10.7.  The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode and giving information of its purport, to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if any such person cannot be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may be served by registered or certified mail.

3.10.8.  The hearing shall be open to the general public.

3.10.9.  Members of the Board and its officers, agents ant employees shall be competent to testify at the hearing as to material and relevant matters: Provided, That no member of the Board who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Board with respect to the case in which he testified.

3.10.10.  The hearing shall be conducted by a quorum of the Board.

3.10.11.  A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Boards’ files. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

3.10.12.  Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

3.10.13.  Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsection 3.4 and 3.5 of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

3.10.14.  Where a hearing is held upon demand under the provisions of subsections 3.1, 3.2, 3.3, and 3.6 of this action, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first.  The Board may require the person demanding the hearing to give security for the costs thereof and if the demanding party does not substantially prevail, such facts may be assessed against them and may be collected in a civil action or by other proper remedy.

3.10.15.  Following the conclusion of the Board's presentation of evidence in accordance with subsection 3.10.13 of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

3.10.16.  Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 3.10.14 of this section, the Board shall have the right to offer its evidence in rebuttal.

3.10.17.  The Board may call witnesses to testify in support of its decision to deny licensure to deny a permit or in support of the charges instituted against a licensee may present such other evidence to support its position; and, may cross‑examine witnesses called by the demanding party or charged party in support of his or her position.

3.10.18.  All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

3.10.19.  Hearings held by the Board as a result of charges instituted against a licensee may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

3.10.20.  Motions for a continuance of a hearing may be granted upon a showing of good cause.  Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance.  A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier.  Motions for continuance filed prior to the date of hearing shall be ruled on by the chair or executive secretary of the Board.  All other motions for continuance shall be ruled on by the Board member(s) or the member presiding over the hearing.

3.10.21.  All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing an shall be received in the office of the Board at least ten (10) days before the hearing.  Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony.  The Board member(s) presiding at the hearing shall hear the motions and the response from the non‑moving party and shall rule on such motions accordingly.

4.1.  All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

4.2.  All reported materials shall be transcribed.  The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence.

4.3.  Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

4.4.  A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any licensure or permit disciplinary matter.

5.1.  Any party may submit proposed findings of fact and conclusions of law at a time and  manner designated by the Board.

6.1.  At any time prior to the hearing or thereafter, the Board, its designee may hold conferences for the following purposes:

6.1.1.  To dispose of procedural requests, prehearing motions or similar matters;

6.1.2.  To simplify or settle issues by consent of the parties; or,

6.1.3.  To provide for the informal disposition of cases by stipulation or agreement.

6.2.  The Board may cause such conferences to be held on its own motion or by the request of a party.

6.3.  The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into such stipulations and/or agreements without conference.

7.1.  Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state. 

8.1.  Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board, its Executive Secretary, its Assistant Executive Secretary.

Such subpoenas shall be issued pursuant to WV Code §29A‑5‑1(b).

8.2.  Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 8.1 of this section must be received by the Board no later than ten (10) days before a scheduled hearing.  Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with WV Code §29A‑5‑1(b)

9.1.  Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of WV Code §§29A‑5‑3 and 30‑1‑8.  Such orders shall be entered within forty‑five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

9.2.  The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered.  A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

10.1.  An appeal from any final order entered in accordance with these rules shall comply with the provisions of WV Code §§30‑1‑9 and 29A-6-1 et seq.

1.1.  Scope.  This rule specifies a procedure for the investigation and resolution of complaints against speech-language pathologists, audiologists, provisional licensees and assistants.

1.2.  Authority.  W.Va. Code §§30-32-1 et seq. and 30-1-1 et seq.

1.3.  Filing Date.  May 5, 2020.

1.4.  Effective Date.   July 1, 2020.

1.5.  Sunset Provision.  This rule shall terminate and have no further force or effect on July 1, 2030.

This rule applies to all licensed speech-language pathologists, audiologists, provisional licensees and speech-language pathology and audiology assistants.

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1  “Applicant” means any person making application for an original or renewal license, a provisional license or registering as an assistant pursuant to W.Va. Code §30-32-1 et seq.

3.2.  “Board” means the West Virginia Board of Speech-Language Pathology and Audiology (WVBESLPA).

3.3.  “License” means a license or provisional license issued by the Board pursuant to W.Va. Code §30-32-1 et seq.

3.4.  “Speech-language pathologist and audiologist” means a person who practices speech-language pathology or audiology.  Speech-language pathologist, audiologist, provisional licensee and  assistant are defined in W.Va. Code §30-32-4.

3.5.  “Ethics investigator” means a person licensed to practice speech-language pathology or audiology in this state, and who is hired by the Board for the purpose of reviewing complaints against speech-language pathologists, audiologists, provisional licensees or assistants.

3.6.  “Unreversed”, as that term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned, or expunged.

4.1.  The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony but with considerations, as stated in  sections 4.1.1. and 4.1.2. of this rule, or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of  W. Va. Code §30-32-1 et seq. or the rules of the Board.

       4.1.1.  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 speech-language pathology or audiology professions.  In determining whether a criminal conviction bears a rational nexus to the speech-language pathology or audiology professions, the Board shall consider, at a minimum:

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

                   4.1.1.b. The passage of time since the commission of the crime;

                   4.1.1.c.  The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the speech-language pathology and audiology professions; and

                   4.1.1.d.  Any evidence of rehabilitation or treatment undertaken by the applicant.

       4.1.2.  An individual with one or more prior criminal convictions who has not previously applied for licensure may file a petition with the Board at any time for a determination of whether the individual’s criminal record will disqualify him or her from obtaining a license.  The petition shall include sufficient details about the individual’s prior criminal convictions to enable the Board to identify the jurisdiction where the conviction(s) occurred, the date(s) of the conviction(s), and the specific nature of the conviction(s).  The petition shall also include a payment to the Board of $100.00 to cover its costs in making a determination and upon the submission of an application for licensure, the eligibility fee shall be deducted from the applicable initial application fee.  The Board shall provide its determination in writing within 60 days of receiving the petition from the individual.

5.1.  Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges a speech-language pathologist, audiologist, provisional licensee or assistant with a violation of  W.Va. Code §30-32-1 et seq. or of the rules of the Board.  The Board may provide a form for that purpose, but a complaint may be filed in any written form.  In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1.  The name and address of the speech-language pathologist, audiologist, provisional licensee or assistant against whom the complaint is lodged;

5.1.2.  The date of care;

5.1.3.  The name of any person who may have treated the patient after the alleged incident; and,

5.1.4.  The name of any health care institution or health care provider in which the patient was an inpatient or outpatient after or during the alleged incident.

5.2.  A complaint against a speech-language pathologist, audiologist, provisional licensee or assistant shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of  W. Va. Code §30-32-1 et seq. or the rules of the Board.

5.3.  Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.

5.4.  The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition. 

5.5.  The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it. 

5.6.  Upon receipt of a complaint, the Board shall issue one of the following acknowledgments to the complainant:

5.6.1.  That the matter will be reviewed by the Board;

5.6.2.  That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

5.6.3.  That more information will be required in order to adequately review the individual complaint. 

5.7.  The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee, assistant or applicant in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.8.  Requests for comment on complaints sent to licensees, assistants or applicants shall be considered properly served when sent to their last known address.  It is the responsibility of the licensee, assistant or applicants to keep the Board informed of his or her current address. 

5.9.  Upon receipt of a licensees’ or applicants’ comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.

5.10.  After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.6.2 of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint.  The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board. 

5.11.  At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an ethics investigator for review and investigation.

5.12.  Upon receipt of a complaint the ethics investigator shall, within 60 days, review and investigate the same and provide the Board with a report.  The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and a statement of the ethics investigator’s findings and recommendations.  The ethics investigator shall, upon request, be afforded an opportunity to have an investigation interview with the licensee, assistant or applicant in question or other involved parties, a report of which shall be placed in the investigation file.

5.13.  To facilitate the disposition of a complaint, the Board or the committee may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint.  The Board or the committee shall give notice of the conference, which notice shall include a statement of issues to be informally discussed.  Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing.  No prejudice shall attach for failure to attend a conference pursuant to a request. 

5.14.  The Board members, Board president, executive director, the  investigating committee or chairperson may issue subpoenas and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints.  The ethics investigator may request a subpoena or subpoena duces tecum be issued by the Board.  Any such request shall be accompanied by a brief statement specifying the necessity for the same.

5.15.  At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a speech pathologist, audiologist, provisional licensee or assistant may be sanctioned by the Board: Provided, that in the event the review and investigation of a complaint is assigned to the committee or an ethics investigator, the committee or ethics investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

6.1.  The Board may refuse to renew a license,  or may suspend a license if it determines there is probable cause to believe that the speech-language pathologist, audiologist, provisional licensee or assistant conduct, practices or acts constitute an immediate danger to the public.

7.1.  Any applicant who has had his or her application for a license denied by order of the Board may appeal the order within 30 days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-6-1 et seq. and the rules of the Board:  Provided, that the appeal shall not include cases in which the Board denies a license or certificate after an examination to test the knowledge or the ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination. 

1.1.  Scope.  --  This legislative rule establishes a Code of Ethics outlining principles essential for upholding the highest ethical standards essential to the practice of Speech-Language Pathology and Audiology.

1.2.  Authority.  --  W. Va. Code §30-32-7.

1.3.  Filing Date.  – April 22, 2014.

1.4.  Effective Date.  – July 1, 2014.

2.1.  Any action that violates the spirit and purpose of this Code shall be considered unethical.  Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices.

2.2.  The fundamentals of ethical conduct are described by Principles of Ethics and Rules of Ethics as they relate to responsibility to persons served, to the public, and to the professions of speech-language pathology and audiology.

2.3.  Principles of Ethics, aspirational and inspirational in nature, form the underlying moral basis for the Code of Ethics.  Individuals shall observe these principles as affirmative obligations under all conditions of professional activity.  Rules of Ethics are specific statements of minimally acceptable professional conduct or of prohibitions and are applicable to all individuals.

2.4.  Principle of Ethics I

2.4.a.  Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally.

2.4.b.  Rules of Ethics

2.4.b.1.  Individuals shall provide all services competently.

2.4.b.2.  Individuals shall use every resource, including referral when appropriate, to ensure that high-quality service is provided.

2.4.b.3.  Individuals shall not discriminate in the delivery of professional services on the basis of race ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

2.4.b.4.  Individuals shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed.

2.4.b.5.  Individuals shall evaluate the effectiveness of services rendered and of products dispensed and shall provide services or dispense products only when benefit can be reasonably expected.

2.4.b.6.  Individuals shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.

2.4.b.7.  Individuals shall not evaluate or treat speech, language, or hearing disorders solely by correspondence.

2.4.b.8.  Individuals shall maintain adequate records of professional services rendered and products dispensed and shall allow access to these records when appropriately authorized.

2.4.b.9.  Individuals shall not reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community.

2.4.b.10.  Individuals shall not charge for services not rendered, nor shall they misrepresent, in any fashion, services rendered or products dispensed.

2.4.b.11.  Individuals shall use persons in research or as subjects of teaching demonstrations only with their informed consent.

2.4.b.12.  Individuals whose professional services are adversely affected by substance abuse or other health-related conditions shall seek professional assistance and, where appropriate, withdraw from the affected areas of practice.

2.5.  Principles of Ethics II

2.5.a.  Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.

2.5.b.  Rules of Ethics

2.5.b.1.  Individuals shall engage in the provision of clinical services only when they hold the appropriate license or when they are in the licensure process and are supervised by an individual who holds the appropriate license.

2.5.b.2.  Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.

2.5.b.3.  Individuals shall continue their professional development throughout their careers.

2.5.b.4.  Individuals shall delegate the provision of clinical services only to persons who are licensed or to persons in the education or licensure process who are appropriately supervised.  The provision of support services may be delegated to persons who are neither licensed nor in the licensure process only when a license holder provides appropriate supervision.

2.5.b.5.  Individuals shall prohibit any of their professional staff from providing services that exceed the staff member’s competence, considering the staff member’s level of education, training, and experience.

2.5.b.6.  Individuals shall ensure that all equipment used in the provision of services is in proper working order and is properly calibrated.

2.6.  Principle of Ethics III

Individuals shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions.

2.6.a.  Rules of Ethics

2.6.a.1.  Individuals shall not misrepresent their credentials, competence, education, training, or experience.

2.6.a.2.  Individuals shall not participate in professional activities that constitute a conflict of interest.

2.6.a.3.  Individuals shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.

2.6.a.4.  Individuals’ statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, and about professional services.

2.6.a.5.  Individuals’ statements to the public -- advertising, announcing, and marketing their professional services, reporting research results, and promoting products -- shall adhere to prevailing professional standards and shall not contain misrepresentations.

2.7.  Principle of Ethics IV

2.7.a.  Individuals shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions.  Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions’ self-imposed standards.

2.7.b.  Rules of Ethics

2.7.b.1.  Individuals shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.

2.7.b.2.  Individuals shall not engage in dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the professions or on the individual’s fitness to serve persons professionally.

2.7.b.3.  Individuals shall assign credit to only those individuals who have contributed to a publication, presentation, or product.  Credit shall be assigned in proportion to the contribution and only with the contributor’s consent.

2.7.6.4.  Individuals’s statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.

2.7.b.5.  Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.

2.7.b.6.  Individuals shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

2.7.b.7.  Individuals who have reason to believe that the Code of Ethics has been violated shall inform the West Virginia Board of Examiners.

2.7.b.8.  Individuals shall cooperate fully with the West Virginia Board of Examiners in its investigation and adjudication of matters related to this Code of Ethics.