W. Va. Code R. § 17-6-4

Current through Register Vol. XLII, No. 1, January 3, 2025
Section 17-6-4 - Competence - Limits on Practice, Maintaining Competency, Accurate Representation, Adding New Services and Techniques, Referral, Sufficient Professional Information, Maintenance and Retention of Records, Continuity of Care, and Providing Supervision
4.1. The psychologist shall limit practice and supervision to the areas of competence in which proficiency has been gained through education, training, and experience
4.2. The psychologist shall maintain current competency in the areas in which he/she practices, through continuing education, consultation, and/or other procedures, in conformance with current standards of scientific and professional knowledge.
4.3. A licensee shall accurately represent his or her areas of competence, education, training, experience, and professional affiliations to the Board, the public, and colleagues.
4.4. The psychologist, when developing competency in a service or technique that is either new to the psychologist or new to the profession, shall engage in ongoing consultation with other psychologists or relevant professionals shall seek appropriate education and training in the new area, and shall seek and acquire Board approval for new services and techniques. The psychologist shall inform clients of the innovative nature and the known risks associated with the services, so that the client can exercise freedom of choice concerning such services.
4.5. The psychologist shall make or recommend referral to other professional, technical, or administrative resources when such referral is clearly in the best interests of the client.
4.6. A psychologist rendering a formal professional opinion about a person, for example about the fitness of a parent in a custody hearing, shall not do so without direct and substantial professional contact with or a formal assessment of that person.
4.7. Professional records shall be maintained by a psychologist rendering professional services to an individual client (or a dependent), or services billed to a third-party payor.
4.7.a. These records shall include (a) the name of the client and other identifying information, (b) the presenting problem(s) or purpose or diagnosis, (c) the fee arrangement, (d) the date and substance of each billed or service-count contractor service, (e) any test results or other evaluative results obtained and any basic test data from which they were derived, (f) notation and results of formal consults with other providers, (g) a copy of all test or other evaluative reports prepared as part of the professional relationship, (h) any releases executed by the client.
4.7.b. To meet the requirements of this rule, to provide a formal record for review, but not necessarily for other legal purposes, the psychologist shall assure that all data entries in the professional records are maintained for a period of not less than five years after the last date that service was rendered or for a longer period if required by law.
4.7.c. The psychologist shall store and dispose of written, electronic and other records in such a manner as to insure their confidentiality. The psychologist shall maintain the confidentiality of all psychological records in the psychologist's possession or under the psychologist's control except as otherwise provided by law or pursuant to written or signed authorization of a client specifically requesting or authorizing release or disclosure of the client's psychological records.
4.7.d. For each person, professionally supervised, the psychologist shall maintain for a period of not less than five years after the last date of supervision a record that shall include, among other information, the type, place, and general content of the supervision.
4.8. Continuity of care. The psychologist shall make arrangements for another appropriate professional or professionals to deal with emergency needs of his/her clients, as appropriate, during periods of his/her foreseeable absences from professional availability.
4.9. Providing supervision. The psychologist shall exercise appropriate supervision over supervisees, as set forth in the rules and regulations of the Boards.
4.10. Delegating professional responsibility. The psychologist shall not delegate professional responsibilities to a person not appropriately credentialed or otherwise appropriately qualified to provide such services.

W. Va. Code R. § 17-6-4