Current through Register Vol. XLI, No. 45, November 8, 2024
Section 16-5-6 - Criminal History Record Check6.1. Beginning July 1, 2020, and in addition to all of the requirements for licensure, all applicants for an initial license to practice as an athletic trainer in West Virginia shall submit to a state and a national history record check and authorize this information to be released to the Board.6.2. 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. 6.3. 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.6.4. 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.6.5. The applicant is responsible for any fees required by the State Police, or other organization duly designated by the Board, for the actual cost of the fingerprinting and the actual costs of conducting a complete criminal history record check. 6.6. 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. 6.7. The applicant shall authorize the release of all records, not sealed, obtained by the criminal history record check to the Board. 6.8. A criminal history record check submitted in support of an application for licensure must have been requested by the applicant no earlier than twelve (12) months immediately prior to the Board's receipt of the applicant's application for licensure.6.9. An 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. 6.10. Criminal history record checks shall be verified by a source acceptable to the Board, other than the applicant.6.11. The results of the state and national criminal history record check may not be released to or by a private entity except: 6.11.1. To the individual who is the subject of the criminal history record check; 6.11.2. With the written authorization of the individual who is the subject of the criminal history record check; or 6.11.3. Pursuant to a court order. 6.12. Criminal history record checks and related records are not public records for the purposes of W. Va. Code § 29B-1-1, et. seq.6.13. The Board may not disqualify an applicant from initial licensure pursuant to WV Code § 30-1-24.6.14. If an applicant is disqualified for licensure because of a criminal conviction that remains unreversed, the Board shall afford the applicant the opportunity to reapply for licensure after the expiration of five years from the date of the conviction or date of release from the penalty that was imposed, whichever is later, if the individual has not been convicted of any other crime during that period of time: Provided, The convictions for violent or sexual offences or offenses shall subject an individual to a longer period of disqualification, to be determined by the Board.6.15. An individual with a criminal record who has not previously applied for licensure, certification, or registration may petition the Board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license or other authorization to practice. This petition shall include sufficient details about the individual's criminal record to enable the Board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The Board shall inform the individual of his or her standing within 60 days of receiving the petition from the applicant. The Board may charge a fee established by rule to recoup its costs for each petition.