Requirements for Licensure
§30-32-12. Qualifications for License.
To be eligible for licensure by the Board as a speech-language pathologist, the applicant shall:
(A.) Make application to the Board, upon such a form prescribed by the Board;
(B.) Pay the Board the appropriate application fee;
(C.) Possess at least a master's degree or equivalent in speech-language pathology or audiology from an educational institution approved by the Board which consists of coursework approved by the Board and delineated in the rules;
(D.) Complete supervised clinical practicum experiences from an educational institution or its cooperating programs; the content of which shall be approved by the Board and delineated in the rules;
(E.) Complete a postgraduate professional experience as approved by the Board and described in the rules; and
(F.) Pass the national examination in speech-language pathology or audiology which is approved by the American Speech-Language-Hearing Association.
§30-32-13. Waiver of Requirements.
(A.) The Board may waive the practicum and professional experience requirements for applicants who:
(1) Provide proof of employment in the practice of speech-language pathology or audiology in this state for at least two out of the last five years immediately preceding the effective date of this article:
(2) Pass an examination, if requested by the Board;
(3) Apply for a license in speech-language pathology or audiology within one year after the effective date of this article; and
(4) Possess at least a master's degree or equivalent in speech-language or audiology from an educational institution approved by the Board which consists of coursework approved by the Board and delineated in the rules.
(B.) The Board shall waive the examination requirement for applicants who either:
(1) Present proof of current licensure in a state that has standards that are at least equivalent to those of this state; or
(2) Hold a certificate of clinical competence in speech-language pathology or audiology from the American Speech-Language-Hearing Association in the area for which they are applying for licensure.
(C.) A person who holds current licensure from another state with the equivalent standards or who holds the certificate of clinical competence from the American Speech-Language-Hearing Association may practice speech-language pathology or audiology in this state, pending Board disposition of their applications, if he or she:
(1) Is practicing in the area, speech-language pathology or audiology, in which the licensure or certificate of clinical competence was granted; and
(2) Has filed an application with the Board and paid the appropriate application fee.
§30-32-14. Provisional License.
(A.) The Board shall issue a provisional license to an applicant who:
(1.) Except for the postgraduate professional experience, meets the academic, practicum, and examination requirements of this article;
(2.) Submits an application to the Board, upon such a form prescribed by the Board, including a plan for the content of the postgraduate professional experience; and
(3.) Pays to the Board the appropriate application fee for a provisional license.
(B.) The purpose of a provisional license is to permit an individual to practice speech-language pathology or audiology while completing the postgraduate professional experience as required by this article. A person holding a provisional license is authorized to practice speech-language pathology or audiology only while working under the supervision of a person fully licensed by this state in accordance with this article.
(C.) The term for provisional licenses and the conditions for their renewal are to be determined by the Board and delineated in its rules and regulations.
§30-32-15. License Renewal.
(A.) Licenses first issued under this article shall expire on the first day of January, one thousand nine hundred ninety-five, and subsequent licenses shall expire every two years thereafter;
(B.) Every person licensed under this bill shall:
(1) Pay an amount established by the Board in order for his or her license to be renewed;
(2) Submit an application for renewal on a form prescribed by the Board:
(3) Meet any other requirements the Board establishes as conditions for license renewal; and
(4) Engage in a minimum of 20 hours of continuing education activities during the two-year licensing period whose content is directly related to the professional growth and development of speech-language pathologists and audiologists. The following are examples of ways in which these hours may be obtained:
(i) Short courses, mini-seminars and teleconferences of the American Speech-Language-Hearing association;
(ii) Educational sessions of the West Virginia Speech-Language-Hearing Association;
(iii) Educational sessions provided within the licensee's work setting; or
(iv) Any other activities approved by the Board.
(C.) Licensees are granted a grace period of thirty days after the expiration of their licenses in which to renew retroactively as long as they otherwise are entitled to have their licenses renewed and pay to the Board the renewal fee and any late fee set by the Board.
(D.) A suspended license is subject to expiration and may be renewed as provided in this article, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other conduct or activity in violation of the order of judgment by which the license was suspended.
(E.) A license revoked on disciplinary grounds is subject to expiration as provided in this article, but it may not be renewed. If such license is reinstated after it's expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee that shall equal the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, plus any late fee set by the Board.
§30-32-16. Reinstatement of Expired Licenses.
(A.) A person who fails to renew his or her license by the end of the thirty-day grace period may have the license reinstated if he or she:
(1.) Submits an application for reinstatement to the Board within five years after the expiration date of the license;
(2.) Meets requirements established by the Board as conditions for license renewal; and
(3.) 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 any late fee set by rules of the Board.
(B.) A person who fails to renew his or her license within five years after the expiration date may not have the license renewed, and the license may not be restored, reissued, or reinstated thereafter, although such person may apply for and obtain a new license if he or she meets the requirements of this article and pays to the Board the appropriate fee or fees.
§30-32-17. Disciplinary Actions.
(A.) The Board may impose any of the following disciplinary actions in those instances in which an applicant for a license or a licensee has been guilty of conduct which has endangered, or is likely to endanger the health, welfare or safety of the public:
(1.) Refuse to issue or renew a license;
(2.) Issue a letter of reprimand or concern;
(3. ) Require restitution fees;
(4.) Impose probationary conditions;
(5.) Impose a civil penalty not to exceed five hundred dollars; or
(6.) Suspend or revoke a license.
(B.) The Board may take disciplinary actions for conduct that may result from but not necessarily be limited to:
(1.) Fraudulently or deceptively obtaining or attempting to obtain a license or a provisional license for the applicant, licensee, holder or for another;
(2.) Fraudulently or deceptively using a license or provisional license;
(3.) Altering a license or provisional license;
(4.) Aiding or abetting unlicensed practice; and
(5.) Committing fraud or deceit in the practice of speech-language pathology or audiology, including, but not limited to:
(i.) Willfully making or filing a false report or record in the practice of speech-language pathology or audiology;
(ii.) Submitting a false statement to collect a fee; or
(iii.) Obtaining a fee through fraud or misrepresentation.
(6.) Using or promoting or causing the use of any misleading, deceiving, improbable or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation;
(7.) Falsely representing the use or availability of services or advice of a physician;
(8.) Misrepresenting the applicant, licensee or holder by using the word "doctor" or any similar word, abbreviation or symbol if the use is not accurate or if the degree was not obtained from a regionally accredited institution;
(9.) Committing any act of dishonorable, immoral or unprofessional conduct while engaging in the practice of speech-language pathology or audiology;
(10.) Engaging in illegal, incompetent or habitually negligent practice;
(11.) Providing professional services while:
(i.) Mentally incompetent;
(ii.) Under the influence of alcohol;
(iii.) Using any narcotic or controlled substance or other drug that is in excess of therapeutic amounts or without valid medical indication; or
(iv.) Having a serious contagious disease.
(12.) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances or products;
(13.) Violating any provision of this article, or any lawful order given, or rule adopted by the Board;
(14.) Being convicted of or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; or
(15.) Being disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section.