W. Va. Code R. § 64-123-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-123-9 - Responsibility of the Bureau, Covered Provider, or Covered Contractor

9.1. Record Retention. A bureau, covered provider, or covered contractor shall maintain the following documents related to the criminal background checks for all direct access personnel for the duration of their employment or engagement, including:

9.1.1. Documents establishing that an applicant has no negative findings on registries and licensure databases.

9.1.2. The Director's eligible fitness determination;

9.1.3. Any variance granted by the Director, if applicable; and

9.1.4. For provisional employees, the bureau, covered provider, or covered contractor shall maintain documentation that establishes that the individual meets the qualifications for provisional employment or engagement.

9.2. Except as otherwise permitted by this rule, the bureau, covered provider, or covered contractor may not employ or engage an applicant or an independent health contractor, prior to completing the criminal background check process.

9.3. Failure of the bureau, covered provider, or covered contractor to ensure proper completion of the criminal background check process for each individual employed or engaged as direct access personnel may result in the imposition of civil money penalties of $2,500 per occurrence. Employing or engaging individuals knowing that they are ineligible to work or for engagement may subject the bureau, covered provider, or covered contractor to civil money penalties of $2,500 per occurrence. Each civil money penalty will be levied by the Director by written notice.

W. Va. Code R. § 64-123-9