West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-05 - General Provisions For Athletic Trainers › Section 16-5-6 - Criminal History Record Check

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. 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.