Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-6-4 - Internship Training4.1. Requirements to begin internship. -- An individual may begin the six (6) month internship program only if he or she:(a) Is registered with the Commissioner as an intern;(b) Files with the Commissioner the name and identifying information of his or her internship supervisor who must be an examiner licensed by the Commissioner;(c) Files with the Commissioner a written statement from his or her internship supervisor agreeing to undertake the responsibility for the training and agreeing to abide by regulations and requirements adopted by the Commissioner;(d) Obtains the Commissioner's permission to begin the internship program under the control of the proposed supervision;(e) Is at least eighteen (18) years of age;(f) Is a citizen of the United States;(g) Has not been convicted of a felony or of a misdemeanor involving moral turpitude;(h) Has not been released or discharged with other than honorable conditions from the armed services of the United States or that of any other nation; and(i) Has been graduated from a polygraph school accredited by the American Polygraph Association.4.2. Requirements of internship training. -- The intern has met the requirements of the internship training if: 1. The licensed examiner serving as supervisor has thoroughly covered the following areas with the intern: A. The history and development of polygraphB. The legal and ethical aspects of polygraph(1)W. Va. Code §§ 21-5-5a, - 5b, - 5c, and - 5d and accompanying rules; (2) Statements and reports;(3) Civil rights of examinees; and(4) Examiner and professional ethicsC. Physiology (2) Autonomic nervous system (a) Sympathetic nervous system(b) Parasympathetic nervous system(3) Circulatory system and the heart(5) Effects of drugs, alcohol and illnessD. Psychology (3) As applied to polygraphE. Interrogation and interviews (1) Receiving case briefing(3) Post-test interrogationF. Chart interpretation (1) All types of tests and responsesG. Question formulation and test construction (2) All types of questionsH. Instrumentation (1) Construction and maintenance(2) Standards of accuracy2. The internship program consisted of no less than one thousand forty (1,040) hours of work and instruction under the direct and close supervision of the licensed examiner approved as supervisor of the intern.3. For the first five hundred twenty (520) hours of the internship, the supervisor was on the premises where the testing was being conducted by the intern, and was immediately available for instruction or consultation with the intern. At the end of each examination conducted by an intern, the supervisor shall have reviewed and critiqued the polygraph charts of every examination conducted by the intern, and placed his or her initials and the date of the review at the end of the chart before the results of tests provided to an employer or other person requesting the test; andA. At the end of the first five hundred twenty (520) hours of the internship, the intern may conduct tests upon approval of the supervisor without the supervisor being on the premises and immediately available, but must comply with all other requirements of this subsection.B. The intern conducted at least fifty (50) examinations during the internship program. The Commissioner may request and require inspection and review of any or all of such charts or any other elements of the internship program at any time during the internship program.4. If at any time a conflict arises during an internship program, either the intern or the supervisor may appeal in writing to the Commissioner for mediation of the conflict. The Commissioner may call upon any resident licensed examiner to assist in any hearings, reviews or critiques in order to resolve the conflict.5. The intern and the supervising examiner shall report any infraction or violation of the rules which regulate the intern program to the Commissioner for appropriate action.6. The supervising examiner shall sign a release stating that all requirements of the internship program have been met by the intern and in his or her opinion the intern is competent to be a licensed examiner before the intern will be allowed to take the license examination.7. Supervision of interns. -- Licensed examiners shall not have more than two (2) interns under his or her supervision at any one time.