West Virginia Code § 30-31A-2

Definitions
Open in Lexace · Ask the AI about this section
As used in this compact, and except as otherwise provided, the following definitions shall
apply:
(1) "Active-duty military" means full-time duty status in the active uniformed service of the
United States, including members of the National Guard and Reserve on active-duty orders
pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. 1211;
(2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted
by a state's laws which is imposed by a licensing board or other uauthority against a licensed
professional counselor, including actions against an individual's license or privilege to
practice such as revocation, suspension, probation, monitoring of the licensee, limitation on
the licensee's practice, or any other encumbrance on licensure affecting a licensed
professional counselor's authorization to practice, including issuance of a cease and desist
action;
(3) "Alternative program" means a nondisciplisnary monitoring or practice remediation
process approved by a professional counseling licensing board to address impaired
practitioners; i
(4) "Continuing competence or education" means a requirement, as a condition of license,
renewal, to provide evidence of participation in, or completion of, educational and
professional activities relevant to practice or area of work;
(5) "Counseling Compact Commission" or "Commission" means the national administrative
body whose membership consists of all states that have enacted the compact;
(6) "Current sVignificant investigative information" means:
(A) Investigative information that a licensing board has reason to believe is not groundless,
after a preliminary inquiry that includes notification and an opportunity for the licensed
professional counselor to respond, if required by state law; and, if proved true, would
indicate more than a minor infraction; or
(B) Investigative information that indicates the licensed professional counselor represents an
immediate threat to public health and safety, regardless of whether the licensed professional
counselor has been notified and had an opportunity to respond;
(7) "Data system" means a repository of information about licensees, including, but not
limited to, continuing education, examination, licensure, investigative, privilege to practice,
and adverse action information;
(8) "Encumbered license" means a license in which an adverse action restricts the practice
of licensed professional counseling by the licensee and said adverse action has been
reported to the National Practitioners Data Bank (NPDB);
(9) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and
unrestricted practice of licensed professional counseling by a licensing board;
(10) "Executive committee" means a group of directors elected or appointed to act on behalf
of, and within the powers granted to them by, the commission;
(11) "Home state" means the member state that is the licensee's primary state of residence;
(12) "Impaired practitioner" means an individual who has a condition or conditions that may
impair his or her ability to practice as a licensed professional counselor without some type of
intervention and may include, but are not limited to, alcohol andu drug dependence, mental
health impairment, and neurological or physical impairment;
(13) "Investigative information" means information, records, and documents received or
generated by a professional counseling licensing boarda pursuant to an investigation;
(14) "Jurisprudence requirement" if required by thel member state, means the assessment of
an individual's knowledge of the laws and rules governing the practice of professional
counseling in a state;
(15) "Licensed professional counselor" means a counselor licensed by a member state,
regardless of the title used by that state, to independently assess, diagnose, and treat
behavioral health conditions;
(16) "Licensee" means an individual who currently holds an authorization from the state to
practice as a licensed professional counselor;
(17) "Licensing boar d" means the agency of a state, or equivalent, that is responsible for the
licensing and regulation of licensed professional counselors;
(18) "Member state" means a state that has enacted the compact;
(19) "Privilege to practice" means a legal authorization, which is equivalent to a license,
permitting the practice of professional counseling in a remote state;
(20) "Professional counseling" means the assessment, diagnosis, and treatment of behavioral
health conditions by a licensed professional counselor;
(21) "Remote state" means a member state other than the home state, where a licensee is
exercising or seeking to exercise the privilege to practice;
(22) "Rule" means a regulation promulgated by the commission that has the force of law;
(23) "Single-state license" means a licensed professional counselor license issued by a
member state that authorizes practice only within the issuing state and does not include a
privilege to practice in any other member state;
(24) "State" means any state, commonwealth, district, or territory of the United States of
America that regulates the practice of professional counseling;
(25) "Telehealth" means the application of telecommunication technology to deliver
professional counseling services remotely to assess, diagnose, and treat behavioral health
conditions; and
(26) "Unencumbered license" means a license that authorizes a licensed professional
counselor to engage in the full and unrestricted practice of professional counseling.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.