West Virginia Code of State Rules › Agency 26 - Veterinary Medicine › Title 26 - PROCEDURAL RULES WEST VIRGINIA BOARD OF VETERINARY MEDICINE › Series 26-05 - Certified Animal Euthanasia Technicians › Section 26-5-13 - Criminal History Record Check

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Beginning July 1, 2018, and in addition to all of the requirements for
				certification, an applicant for an initial certification to practice as an
				animal euthanasia technician in West Virginia shall request and submit to the
				Board the results of a state and a national criminal history record
				check.
13.2. 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 certification.
13.3. 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.
13.4. The applicant shall furnish to the
				State Police, or other organization designated by the Board, a full set of
				fingerprints and any additional information required to complete the criminal
				history record check.
13.5. 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.
13.6. 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.
13.7. The applicant shall authorize the
				release of all records obtained by the criminal history record check to the
				Board.
13.8. A criminal history
				record check submitted in support of an application for certification must have
				been requested by the applicant no earlier than twelve (12) months immediately
				prior to the Board's receipt of the application for certification.
13.9. An initial certification 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
				certification submitted by any applicant who fails or refuses to submit the
				criminal history record check required by this section.
13.10. 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 certification. Criminal history record
				checks shall be verified by a source acceptable to the Board, other than the
				applicant.
13.11. The results of
				the state and national criminal history record check may not be released to or
				by a private entity except:
13.11.a. To the
				individual who is the subject of the criminal history record check;
13.11.b. With the written authorization of
				the individual who is the subject of the criminal history record check;
				or
13.11.c. Pursuant to a court
				order.