Current through Register Vol. XLI, No. 50, December 13, 2024
Section 5-1-7 - Criminal History Record Check. Use of Criminal Records as Disqualification from Licensure7.1. 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.7.11. The results of the state and national criminal history record check may not be released to or by a private entity except:7.11.a. To the individual who is the subject of the criminal history record check;7.11.b. With the written authorization of the individual who is the subject of the criminal history record check; or7.11.c. Pursuant to a court order.7.12. Criminal history record checks and related records are not public records for the purposes of W. Va. Code § 29B-1-1 et seq.