Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-6-8 - Conditions and Procedures for Psychophysiological Detection of Deception Examination8.1. The minimum standards of procedure for administering psychophysiological detection of deception examinations:(a) The examiner shall inform the prospective examinee that taking the psychophysiological detection of deception examination is a voluntary act and the examiner must obtain the written consent of the examinee to undergo examination;(b) The examiner shall not conduct an examination on any person whom he or she believes, through observation or any other credible evidence, to be physically or psychologically unfit for the examination at that time;(c) The examiner shall, immediately upon request of the examinee, terminate an examination in progress;(d) The examiner shall not render a verbal or written opinion based on chart analysis, until the examinee has had a reasonable opportunity to explain any reactions to pertinent questions;(e) The examiner shall not interrogate or conduct an examination of an examinee's sexual behavior, or ask any questions that can be construed as being sexually oriented or personally embarrassing to the examinee, regardless of marital status, unless the topic is a specific issue or unless it refers to the basic matter pertinent to the examination;(f) The examiner shall not conduct an examination when he or she has reason to believe the examination is intended to circumvent or defy the law;(g) The examiner shall not knowingly issue a psychophysiological detection of deception examination report which is misleading, biased or falsified in any way. Each report shall be a factual, impartial and an objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based on analysis of the psychophysiological detection of deception charts;(h) The examiner shall not conduct a psychophysiological detection of deception examination without first reviewing the issues to be covered during the examination and the general content of the questions to be asked during the examination with the examinee;(i) The examiner shall not render a conclusive verbal or written decision, based on chart analysis, as to the truthfulness or deception of the examinee without having administered two (2) or more psychophysiological detection of deception charts covering the same relevant issue. The examiner may terminate an examination in progress at his or her own discretion when, in his or her opinion, the examinee has become physically or psychologically unfit, or has become uncooperative to the point that it would be useless to continue the examination;(j) All questions and answers asked during a psychophysiological detection of deception examination shall be marked on the psychophysiological detection of deception charts at the appropriate place on the chart where the question was asked and the answer given. If a question sheet with numbered questions is used, the number of the asked question along with the answer given shall be noted; and the question sheet shall be attached to the psychophysiological detection of deception chart and made a part of the examinee's file. Each psychophysiological detection of deception chart should be identified as to the person being examined, the examiner, time and date of the examination and the chart number;(k) The examiner shall not, unless professionally qualified to do so, include in any written report, any statement purporting to be a medical, legal or psychiatric opinion or which would infringe upon areas under the cognizance of professionals in these fields. The examiner may describe the appearance or behavior of the examinee, if this is pertinent to the examination, as long as the examiner refrains from offering any diagnosis which he or she is professionally unqualified to make; and(l) The examiner shall report to the Commissioner any action or misconduct on the part of another examiner which would be in violation of the provisions of W. Va. Code §§21 et seq. or the rule promulgated under the Code..8.2. Minimum standards of conditions under which a psychophysiological detection of deception or similar test may be given are:(a) The examinee shall be afforded privacy during the examination. The only persons other than the examiner and the examinee who may be in the same room during an examination are a registered intern and/or an interpreter if necessary because of language, hearing or speech difficulties or handicap;(b) The examination area shall be reasonably free of noise and interruption; and within the normally acceptable temperature ranges for office work.;(c) No video or audio recorders, telephonic or speaker devices or other devices shall operate during the examination to record or broadcast any elements of the examination except the record of the psychophysiological detection of deception chart; and(d) No two-way mirrors or any other devices shall be used for observation of the examination by any persons outside the examination room.