West Virginia Code of State Rules › Agency 18 - Medical Imaging And Radiation Therapy Technology Board Of Examiners › Title 18 - LEGISLATIVE RULES MEDICAL IMAGING TECHNOLOGISTS › Series 18-01 - West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners › Section 18-1-4 - Licenses, apprentice licenses and temporary permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for licenses, apprentice
				licenses, and temporary permits.
4.1.a. The
				Board shall provide application forms for licenses, apprentice licenses, or
				temporary permits, and any forms for submitting any other information the Board
				considers desirable.
4.1.b. The
				application forms shall be designed to provide the information necessary to
				satisfy the Board that all requirements pertaining to the West Virginia Code
				are being fulfilled.
4.1.c. All
				applications shall be signed by the applicant, except when submitted on-line.
				An applicant who applies on-line is considered to have signed the
				application.
4.1.d. The application
				fee shall be paid by a credit card or other electronic means.
4.1.e. If an applicant fails to complete all
				forms and to provide all information within 30 days of submission of an
				application form, the Board shall reject and return the application to the
				applicant.
4.1.f. The Board shall
				deny a license to any person knowingly furnishing false information. If the
				applicant has already been licensed before the falsification of the information
				has been made known to the Board, the license, apprentice license, or temporary
				permit is subject to suspension or revocation. In addition, the Board may bring
				the falsification to the attention of the Attorney General or law enforcement
				officials pursuant to W.Va. Code §
										30-23-28.
4.1.g. The Board may not disqualify an
				applicant from initial licensure because of a prior criminal conviction unless
				that conviction bears a rational nexus to the practice of medical imaging
				and/or radiation therapy technology. In determining whether a criminal
				conviction bears a rational nexus to the practice of medical imaging and/or
				radiation therapy technology, the Board shall consider, at a minimum:
4.1.g.1. The nature and seriousness of the
				crime;
4.1.g.2. The passage of time
				since the commission of the crime;
4.1.g.3. The relationship of the crime to the
				ability, capacity, and fitness required to perform the duties and discharge the
				responsibilities attendant to the practice of medical imaging and/or radiation
				therapy technology; and
4.1.g.4.
				Any evidence of rehabilitation or treatment undertaken by the
				applicant.
4.1.h. If an
				applicant has been denied licensure because of a prior criminal conviction, the
				Board shall permit the applicant to apply for initial licensure if:
4.1.h.1. A period of five years has elapsed
				from the date of conviction or the date of incarceration, whichever is
				later;
4.1.h.2. The individual has
				not been convicted of any other crime during the period following the
				disqualifying offense; and
4.1.h.3.
				The conviction was not for an offense of a violent or sexual nature.
4.1.i. An individual with a
				criminal record who has not previously applied for licensure may petition the
				Board at any time for a determination of whether the individual's criminal
				record will disqualify the individual from obtaining a license.
4.1.i.1. The petition shall be submitted on
				an application form prescribed by the Board and shall include sufficient
				details about the individual's criminal record to enable the Board to identify
				the jurisdiction where the conviction occurred, the date of the conviction, and
				the specific nature of the conviction.
4.1.i.2. The applicant may submit with the
				petition evidence of rehabilitation, letters of reference and any other
				information the applicant deems relevant to show fitness and the ability to
				practice medical imaging.
4.1.i.3.
				The Board shall provide the determination within 60 days of receiving the
				petition and the applicable fee from the applicant.
4.1.i.4. The fee for an applicant petitioning
				for a licensure eligibility determination is specified in the Schedule of Fees,
				and upon acknowledgement of eligibility by the Board and receipt of the
				application for licensure, the eligibility fee shall be deducted from the
				applicant's initial licensure application fee.