Current through Register Vol. XLII, No. 1, January 3, 2025
Section 17-3-22 - Special Volunteer Psychologists License; civil immunity for voluntary services rendered to indigents22.1 In accordance with WV Code § 30-21-17, there is a special volunteer psychologists license for psychologists retired or retiring from the active practice of psychology who wish to donate their expertise for the psychological care and treatment of indigent and needy patients in the clinic setting or clinics organized, in whole or in part, for the delivery of health care services without charge. There is no application fee, license fee or renewal fee, and the initial license shall be issued for the remainder of the licensing period, and renewed consistent with the boards other licensing requirements. The psychologist must have retired with a license in good standing in the state in which he/she was practicing. The special psychologist license requires an application and indicates that the psychologist understands and agrees to the following: 22.1.a The psychologist's practice under the special volunteer psychologists license will be exclusively devoted to providing psychological care to needy and indigent persons in West Virginia. 22.1.b. The psychologist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any psychological services rendered under the special volunteer psychological license.22.1.c. The psychologist will supply any supporting documentation that the board may reasonably require; and22.1.d. The psychologist agrees to participate in continuing education as required by the board for a special volunteer license.22.2. Any psychologist who renders any psychological service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer psychologist license authorized under subsection 22.1 of this section without payment or compensation or the expectation or promise of payment or compensation, is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the psychological service at the clinic unless the act or omission was the result of the psychologist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the psychologist and the clinic pursuant to which the psychologist will provide voluntary uncompensated psychological services under the control of the clinic to patients of the clinic before the rendering of any services by the psychologists at the clinic: Provided, That any clinic entering into such written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.22.3. Notwithstanding the provisions of subsection 22.2 of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a psychologist rendering voluntary psychological services at or for the clinic under a special volunteer psychological license authorized under subsection 22.1 of this section. For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section seven of this article and in the legislative rules promulgated thereunder, except the fee requirements of subsection (d) of that section and of the legislative rules promulgated by the board relating to fees.22.4. Psychologists applying for the special volunteer psychologist license must complete an application obtained from the WV Board of Examiners of Psychologists and have a valid license in good standing at the time of application or as of his/her retirement. The sole determination for the provision of a special volunteer license lies with the WVBEP. The WVBEP reserves the right to refuse any special volunteer psychologist license for those without a license in good standing or for those who are determined to be unfit to practice psychology. The time lapsed since last being licensed will be taken into account when determining if a psychologist is eligible for a special volunteer psychologist license.22.5. Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any psychologist covered under the provisions of this article, shall be read so as to contain a provision or endorsement whereby the company issuing such policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary thereof, to any claim covered by the terms of such policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a psychologist who holds a special volunteer psychologist license.