West Virginia Code of State Rules › Agency 16 - Physical Therapy › Title 16 - LEGISLATIVE RULE WV BOARD OF PHYSICAL THERAPY › Series 16-01 - General Provisions for Physical Therapist and Physical Therapist Assistant › Section 16-1-6 - Criminal History Record Check

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition to all of the requirements
				for licensure, all applicants for an initial license to practice as a physical
				therapist or physical therapist assistant 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.