West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-8 - Criminal History Record Check

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In addition
				to all of the requirements for licensure set forth elsewhere in this
				legislative rule, all applicants applying to this Board for licensure shall
				request and submit to the Board the results of a state and a national criminal
				history record check.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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.
8.6. 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.
8.7. The applicant shall
				authorize the release of all records obtained by the criminal history record
				check to the Board.
8.8. A criminal
				history record check submitted in support of an application for licensure must
				have been requested by the applicant no earlier than twelve months immediately
				prior to the Board's receipt of the applicant's electronic application for
				licensure.
8.9. A medical or
				podiatric 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.
8.10. The
				Board may, in its discretion, require any applicant for reactivation of a
				medical license which has been expired for greater than five years to request
				and submit to the Board the results of a state and a national criminal history
				record check in conformity with the requirements of this section.
8.11. 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.
8.12. The results of the state and national
				criminal history record check may not be released to or by a private entity
				except:
8.12.a. To the individual who is the
				subject of the criminal history record check;
8.12.b. With the written authorization of the
				individual who is the subject of the criminal history record check;
				or
8.12.c. Pursuant to a court
				order.