West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-01 - Licensure and Practice of Pharmacy › Section 15-1-25 - Criminal History Record Check

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1
				Beginning July 1, 2017, and in addition to all the requirements for licensure,
				all applicant for an initial license to practice as a pharmacist, intern,
				pharmacy technician, or pharmacy technician trainee in West Virginia shall
				request and submit to the Board the results of a state and national criminal
				history record check.
25.2. 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.
25.3. 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.
25.4 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.
25.5. 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.
25.6. 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.
25.7. The applicant shall
				authorize the release of all records obtained by the criminal history record
				check to the Board.
25.8. 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.
25.9. An initial
				licensure application is not complete until the Board receives the results of a
				state and 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.
25.10. 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. Criminal history record checks
				shall be verified by a source acceptable to the Board, other than the
				applicant.
25.11 The results of the
				state and national criminal history record check may not be released to or by a
				private entity except:
25.11.1. To the
				individual who is the subject of the criminal history record check;
25.11.2. With written authorization of the
				individual who is the subject of the criminal history record check;
				or
25.11.3. Pursuant to a court
				order.