Current through Register Vol. XLI, No. 50, December 13, 2024
Section 26-1-10 - Criminal History Record Check10.1. Beginning July 1, 2018, and in addition to all of the requirements for licensure, an applicant for an initial license to practice as a veterinarian in West Virginia shall submit to a state and a national criminal history record check and authorize the release of information to the Board.10.2. 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.10.3. 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.10.4. The applicant shall furnish to the State Police, or other organization designated by the Board, a full set of fingerprints and any additional information required to complete the criminal history record check.10.5. 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.10.6. 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.10.7. The applicant shall authorize the release of all records, not sealed, obtained by the criminal history record check to the Board. Criminal history record checks shall be verified by a source acceptable to the Board, other than the applicant.10.8. 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 application for licensure.10.9. 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. 10.10. 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 veterinary medicine. The Board shall consider at a minimum: 10.10.1. The nature and seriousness of the crime;10.10.2. The passage of time since the commission of the crime;10.10.3. 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 veterinary medicine; and10.10.4. Any evidence of rehabilitation or treatment undertaken by the applicant.10.11. The results of the state and national criminal history record check may not be released to or by a private entity except: 10.11.1. To the individual who is the subject of the criminal history record check;10.11.2. With the written authorization of the individual who is the subject of the criminal history record check; or10.11.3. Pursuant to a court order.10.12. Criminal history record checks and related records are not public records for the purposes of W.Va. Code § 29B-1-1. et seq.10.13. Notwithstanding any other provision to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the Board shall permit the applicant to apply for initial licensure if: 10.13.1. A period of five years has elapsed form the date of conviction or the date of release from incarceration, whichever is later;10.13.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and10.13.3. 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.