West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-01 - Rule for the West Virginia Board of Dental Examiners › Section 5-1-7 - Criminal History Record Check. Use of Criminal Records as Disqualification from Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Beginning July 1, 2017, and in addition to all of the requirements for
				licensure, all applicants for an initial license to practice as a dentist or
				dental hygienist in West Virginia shall request and submit to the Board the
				results of a state and a national criminal history record check.
7.2. 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.
7.3. 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 the company shall use protocols
				consistent with standards established by the Federal Bureau of Investigation
				and the National Crime Prevention and Privacy Compact.
7.4. 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.
7.5. 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.
7.6. 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.
7.7. The applicant shall authorize the
				release of all records obtained by the criminal history record check to the
				Board.
7.8. The applicant shall
				request a criminal history record check in support of an application for
				licensure no earlier than twelve (12) months immediately prior to the Board's
				receipt of the applicant's application for licensure.
7.9. 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.
7.10. Should criminal offenses be reported on
				an applicant's criminal history record check, the board will consider the
				nature, severity, and recency of offenses, relationship of the crime to the
				ability, capacity, and fitness required to perform the duties and discharge the
				responsibilities of the profession of dentistry or dental hygiene, as well as
				rehabilitation and other factors on a case by case basis for licensure.
7.10.a. The Board may not disqualify an
				applicant from initial licensure as outlined in W. Va. Code §
										30-1-24.
7.10.b. Criminal history record checks shall
				be verified by a source acceptable to the Board, other than the
				applicant.
7.10.c. The Board shall
				permit an applicant to apply for initial licensure who was previously denied
				because of a criminal conviction according to the requirements of W. Va. Code
				§
										30-1-24(b)(3).
7.10.d. Convictions of a violent or sexual
				nature may subject an individual to a longer period of disqualification from
				licensure in the profession of dentistry or dental hygiene as set-forth in W.
				Va. Code §
										30-1-24(b)(3)(c).
7.10.e. An individual with a criminal record
				who has not previously applied for licensure may petition the board according
				to the requirements of W. Va. Code §
										30-1-24(b)(4).
				The board may charge a fee of $100.00 to recoup its costs for each
				petition.