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

2025 Regular Session Introduced by Doug Smith

House Bill 2316 allows West Virginia's psychology board to consider prior criminal convictions in licensure decisions and waive fees for eligible applicants, promoting inclusivity.

To House Government Organization

#legislature--rulemaking

Summary of House Bill 2316

Bill Number: HB 2316
Title: 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 fees for certain individuals
Status: To House Government Organization
Introduced: January 29, 2025
Classification: Bill
Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2316 aims to empower the Board of Examiners of Psychologists in West Virginia to create a legislative rule that addresses how prior criminal convictions are considered during the initial licensure process for psychologists. Additionally, the bill seeks to establish guidelines for waiving initial licensing fees for certain individuals who may have prior convictions.

Key Provisions

Rule Promulgation: The bill authorizes the Board of Examiners of Psychologists to develop a legislative rule concerning:

The consideration of prior criminal convictions when determining eligibility for initial licensure.
The criteria and process for applying for a waiver of initial licensing fees for individuals with certain prior convictions.

Legislative Rule Details: The rule referenced in the bill was initially filed in the State Register on August 13, 2024, and subsequently modified to address feedback from the Legislative Rule-Making Review Committee.

Impact

Affected Parties:

Psychology Licensure Applicants: Individuals seeking licensure as psychologists in West Virginia who may have prior criminal convictions will be directly affected by the new rule.
Board of Examiners of Psychologists: The board will gain the authority to set specific guidelines that can influence the licensure process and fee structures.

Potential Benefits:

The bill may provide a pathway for individuals with prior convictions to obtain licensure, thereby promoting inclusivity and second chances in the mental health profession.
It could also streamline the licensing process by clarifying how prior convictions are evaluated.

Procedural Timeline

Introduced: January 29, 2025

Referred to Rules Committee: February 4, 2025

First Reading: February 4, 2025

Assigned to Executive Committee: March 4, 2025

Do Pass Recommendation: March 12, 2025

Placed on Calendar for Second Reading: March 12, 2025

Second Reading Held: March 27, 2025

Re-referred to Rules Committee: May 31, 2025

Third Reading Deadline Extended: May 31, 2025

Conclusion

House Bill 2316 represents a significant step towards reforming the licensure process for psychologists in West Virginia by allowing for the consideration of prior criminal convictions and the potential waiver of licensing fees. This legislation could enhance opportunities for individuals with past convictions to enter the mental health field, fostering a more diverse and inclusive professional environment.