West Virginia Code of State Rules › Agency 14 - Optometry › Title 14 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OPTOMETRY › Series 14-01 - Rules of the West Virginia Board of Optometry › Section 14-1-4 - Criminal History Record Check

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Beginning July 1, 2018, and in addition to all of the requirements for
				licensure, all applicants for any license to practice as an optometrist in West
				Virginia shall request and submit to the Board the results of a state and a
				national criminal history record check.
4.2. 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.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. 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.
4.7. The applicant shall authorize the
				release of all records obtained by the criminal history record check to the
				Board.
4.8. 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 application for licensure.
4.9. 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.
4.10. 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.
4.11. The results of the
				state and national criminal history record check may not be released to or by a
				private entity except:
4.11.a. To the
				individual who is the subject of the criminal history record check,
4.11.b. With the written authorization of the
				individual who is the subject of the criminal history record check;
				or
4.11.c. Pursuant to a court
				order.