How to start a private practice in West Virginia

Use "Licensed Professional Counselor" or "LPC" in all your ads, announcements and professional documents.

• Display your original license certificate and your disclosure statement at your main practice location.
• Your license number is not required in ads by this rule.

27 CSR 1-14

Keep ads truthful and complete, and don't promise or imply results.

• No false, inaccurate, misleading, partial, out of context or deceptive ads.
• Don't give or accept a commission or payment for referrals.
• List only areas of competence you are qualified for.
• Keep your private opinions separate from statements as a professional.

Not yet confirmed: The rules don't name testimonials, "specialist" or guarantees. Avoid all three, or ask the board first.

27 CSR 1-14

Use "Licensed Marriage and Family Therapist" or "LMFT" in all your ads, announcements and professional documents.

• Display your original license certificate and your disclosure statement at your main practice location.
• Your license number is not required in ads by this rule.

27 CSR 8-13

Keep ads truthful and complete, and don't promise or imply results.

• No false, inaccurate, misleading, partial, out of context or deceptive ads.
• Don't give or accept a commission or payment for referrals.
• List only areas of competence you are qualified for.
• Keep your private opinions separate from statements as a professional.

Not yet confirmed: The rules don't name testimonials, "specialist" or guarantees. Avoid all three, or ask the board first.

27 CSR 8-13

Use your correct title, Licensed Independent Clinical Social Worker or LICSW, and display your license at your office.

• The board's rules don't say which title or number must appear in ads.
• Follow the NASW Code of Ethics, which the board adopts as a rule.

Not yet confirmed: We found no rule on what ads must show. Check with the board before you print anything.

W. Va. Code 30-30-23; 25 CSR 7-2

Keep ads honest and follow the NASW Code of Ethics, which the board treats as a rule.

• Don't misrepresent your qualifications or promise results.
• A violation of the Code can lead to discipline.

Not yet confirmed: The board has no advertising rule that we could find, and it doesn't name testimonials, "specialist" or guarantees. Ask the board.

25 CSR 7-2

Use "Licensed Psychologist" and your license number on reports, letters and similar documents.

• Example from the board: Licensed Psychologist, WV #000.
• Display your current license in your office.

Not yet confirmed: The policy names reports and letters, not ads. Using the same title and number on your website and ads is the safe choice.

Board policy on titles; 17 CSR 6-10.1

Keep every public statement truthful, and never misrepresent your qualifications or services.

• Don't misstate your education, experience, areas of competence or affiliations.
• Correct others who misstate your qualifications.
• Don't ask a client to bring you business.
• Adding a new practice domain needs board approval.

Not yet confirmed: Testimonials, "specialist" and guarantees aren't named in the rules. Ask the board before using them.

17 CSR 6-10 and 6-7.4

Display a professional disclosure statement in your office and give a copy to any client who asks.

• It lists your name, title, address and phone, your education, and your areas of competence.
• It also gives the board's name, address and phone for complaints.
• Send a copy to the board. The board provides the form.
• Client information is privileged unless the client consents in writing or there is danger to the client or others.

Not yet confirmed: The board's rules don't spell out a written informed consent form. They adopt the 2014 American Counseling Association Code of Ethics, so follow it.

27 CSR 1-10 and W. Va. Code 30-31-16

Your board doesn't set a retention period for client records that we could find.

• The board adopts the 2014 American Counseling Association Code of Ethics, so follow its record-keeping standards.
• HIPAA, your insurers and other law may require a set period.

Not yet confirmed: Ask the board how long to keep records, and use the longest period any other rule requires.

27 CSR 1-11

Put the Board of Examiners in Counseling's name, address and phone on your disclosure statement as the place for complaints.

• Use the line "Any questions, concerns or complaints ... may be directed to" just above the board's details.
• Board: 815 Quarrier Street, Suite 212, Charleston, WV 25301, phone 304-558-5494.

27 CSR 1-10

Display a professional disclosure statement in your office and give a copy to any client who asks.

• It lists your name, title, address and phone, your education, and your areas of competence.
• It also gives the board's name, address and phone for complaints.
• Send a copy to the board. The board provides the form.
• Client information is privileged unless the client consents in writing or there is danger to the client or others.

Not yet confirmed: The board's rules don't spell out a written informed consent form. They adopt the current American Association for Marriage and Family Therapy Code of Ethics, so follow it.

27 CSR 8-9 and W. Va. Code 30-31-16

Your board doesn't set a retention period for client records that we could find.

• The board adopts the current American Association for Marriage and Family Therapy Code of Ethics, so follow its record-keeping standards.
• HIPAA, your insurers and other law may require a set period.

Not yet confirmed: Ask the board how long to keep records, and use the longest period any other rule requires.

27 CSR 8-10

Put the Board of Examiners in Counseling's name, address and phone on your disclosure statement as the place for complaints.

• Use the line "Any questions, concerns or complaints ... may be directed to" just above the board's details.
• Board: 815 Quarrier Street, Suite 212, Charleston, WV 25301, phone 304-558-5494.

27 CSR 8-9

Get informed consent before you start, following the NASW Code of Ethics.

• For telehealth, get consent specific to telehealth and verify the client's identity and location each session.
• Set emergency safety steps and a backup way to reach the client.
• Client information is privileged unless the client consents in writing, there is clear imminent risk, or another listed exception applies.

Not yet confirmed: The board has no general consent form rule that we found. The NASW Code sets the standard.

25 CSR 1-5 and W. Va. Code 30-30-24

Your board doesn't set a record retention period that we could find.

• The board adopts the NASW Code of Ethics, which covers record keeping.
• HIPAA, insurers and other law may require a set period.

Not yet confirmed: Ask the board how long to keep records, and use the longest period any other rule requires.

25 CSR 7-2

Your board doesn't require a complaint notice that we could find.

• Complaints go in writing, signed, to the WV Board of Social Work, PO Box 5459, Charleston, WV 25361.

Not yet confirmed: Giving clients the board's contact details is good practice. Ask the board if a notice is required.

Keep clients informed about the purpose and nature of your work, and get written consent before sharing their information.

• For couples, families and groups, explain at the start how confidentiality will be handled.
• For minors, explain the legal limits of confidentiality at the start.
• For telepsychology, explain the limits of confidentiality and data risks.
• You may break confidentiality to prevent clear and substantial risk of imminent serious harm.

Not yet confirmed: No required written consent form is named in the rules. Use a written form to document it.

17 CSR 6-7.1 and 6-9

Keep adult treatment records at least 5 years after therapy ended, and child records until the child turns 22.

• Adult evaluation reports: 5 years after completion. Child evaluation reports: until age 22.
• Except raw and scaled scores, you don't need to keep test data and materials.
• Supervision records: 5 years after the last supervision.
• Other laws (HIPAA, insurers) may require longer.

Board policy; 17 CSR 6-4.7

Your board doesn't require a complaint notice that we could find.

• Clients can file with the board using its complaint form.
• If a complaint comes in, you have 30 days to respond.

Not yet confirmed: Ask the board whether you should tell clients how to complain.

17 CSR Series 4