West Virginia House Bill HB2316

West Virginia 2025 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25

Caption

Relating to authorizing the Board of Examiners of Psychologists to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations and application for waiver of initial licensing

Summary

House Bill 2316 authorizes the West Virginia Board of Examiners of Psychologists to promulgate a legislative rule governing two related licensing issues: how prior criminal convictions are considered in initial licensure determinations, and how certain applicants may qualify for a waiver of initial licensing fees. The bill does not itself create the detailed licensing standards; instead, it gives legal effect to the board’s rule, identified as 17 CSR 07, after it was filed, modified to address objections from the Legislative Rule-Making Review Committee, and refiled. In practical terms, the measure allows the board to use an approved administrative rule to guide psychologist licensure decisions and fee-waiver eligibility for certain individuals. The bill is a rule authorization bill, meaning its main function is to approve the agency’s regulatory framework and incorporate it into state law by reference rather than to establish a new standalone licensing program.

Impact

The bill amends §64-9-1 of the West Virginia Code to authorize a legislative rule of the Board of Examiners of Psychologists. Its effect is to validate and enable enforcement of the board’s rule on criminal-history review in initial psychologist licensure and on waivers of initial licensing fees for certain applicants. The underlying state statutes governing professional licensing are affected only to the extent that this rule becomes authorized and operative under state administrative law.

Sentiment

The available record suggests little overt controversy or debate around the bill. There are no recorded committee transcripts or votes in the provided materials, and the bill appears to have been presented as a routine rule authorization measure. The inclusion of a modified and refiled rule indicates the board addressed prior objections from the Legislative Rule-Making Review Committee, which suggests the measure was shaped to meet administrative and legislative concerns before authorization.

Contention

The main substantive issue is the policy choice to allow prior criminal convictions to be considered in initial licensure decisions for psychologists, balanced against the possibility of fee waivers for certain applicants. Supporters would likely view the rule as a way to provide clearer licensing standards and broader access to the profession, while critics could be concerned about barriers to entry for applicants with criminal records or about the scope of agency discretion. No specific opposition or named disputants are identified in the provided materials.