Current through Register Vol. XLI, No. 50, December 13, 2024
Section 14-1-15 - Consideration of Criminal Convictions Regarding Licensure15.1. The board may not disqualify an applicant from an initial license because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of optometry. In determining whether a criminal conviction bears a rational nexus to the practice of optometry, the board shall consider at a minimum:15.1.a. The nature and seriousness of the crime for which the individual was convicted;15.1.b. The passage of time since the commission of the crime;15.1.c. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of an optometrist; and15.1.d. Any evidence of rehabilitation or treatment undertaken by the individual.15.2. Notwithstanding any other provision of the W. Va. Code to the contrary, 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:15.2.a. A period of five (5) years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;15.2.b. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and15.2.c. The conviction was not for an offense of a violent or sexual nature; Provided, that a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure to be determined by the board on a case-by-case basis.15.3. 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. 15.3.a. Then the petition shall be submitted on an application form prescribed by the board available from 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.15.3.b. The applicant may submit with the petition for licensure eligibility evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice optometry.15.3.c. The board shall provide the determination of licensure eligibility within sixty (60) days of receiving the petition.