Current through Register Vol. XLI, No. 49, December 6, 2024
Section 11-1A-8 - Criminal History Record Check8.1. In addition to all of the requirements for licensure set forth elsewhere in this legislative rule, all applicants applying to this Board for licensure shall request and submit to the Board the results of a state and a national criminal history record check.8.2. The purpose of the criminal history record check is to assist the Board in obtaining information that may relate to the applicant's fitness for licensure.8.3. In addition to the State Police, the Board may contract with and designate a company specializing in the services required by this section instead of requiring the applicant to apply directly to the West Virginia State Police or similar out-of-state agency for the criminal history records checks. Provided, that any such company must utilize protocols consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact.8.4. The applicant shall furnish to the State Police, or other organization duly designated by the Board, a full set of fingerprints and any additional information required to complete the criminal history record check.8.5. The applicant is responsible for any fees required by the State Police, or other organization duly designated by the Board, for the actual costs of the fingerprinting and the actual costs of conducting a complete criminal history record check.8.6. The Board may require the applicant to obtain a criminal history records check from a similar Board approved agency or organization in the state of the applicant's residence, if outside of West Virginia.8.7. The applicant shall authorize the release of all records obtained by the criminal history record check to the Board.8.8. A criminal history record check submitted in support of an application for licensure must have been requested by the applicant no earlier than twelve months immediately prior to the Board's receipt of the applicant's electronic application for licensure.8.9. A medical or podiatric initial licensure application is not complete until the Board receives the results of a state and a national criminal history record check conducted by the State Police or another entity duly authorized by the Board. The Board shall not grant an application for licensure submitted by any applicant who fails or refuses to submit the criminal history record check required by this section.8.10. The Board may, in its discretion, require any applicant for reactivation of a medical license which has been expired for greater than five years to request and submit to the Board the results of a state and a national criminal history record check in conformity with the requirements of this section.8.11. Should criminal offenses be reported on an applicant's criminal history record check, the board will consider the nature, severity, and recency of offenses, as well as rehabilitation and other factors on a case by case basis for licensure.8.12. The results of the state and national criminal history record check may not be released to or by a private entity except:8.12.a. To the individual who is the subject of the criminal history record check;8.12.b. With the written authorization of the individual who is the subject of the criminal history record check; or8.12.c. Pursuant to a court order.8.13. Criminal history record checks and related records are not public records for the purposes of chapter twenty-nine-b of the West Virginia Code.