West Virginia Code
1 - GENERAL PROVISIONS APPLICABLE T
1A - PROCEDURE FOR REGULATION OF OC
1B - PROVISIONS APPLICABLE TO MILIT
1C - INTERSTATE MEDICAL LICENSURE C
1D - PROVISIONS AFFECTING CERTAIN B
30 - 1 D- 1
2 - ATTORNEYS-AT-LAW
2A - MEDICAL LICENSING BOARD
3 - WEST VIRGINIA MEDICAL PRACTICE
3A - MANAGEMENT OF INTRACTABLE PAIN
3B - MOBILE INTENSIVE CARE PARAMEDI
3C - HEALTH CARE PEER REVIEW ORGANI
3D - PHYSICIAN HEALTH PROGRAMS
3E - PHYSICIAN ASSISTANTS PRACTICE
3F - DIRECT PRIMARY CARE PRACTICE
4 - WEST VIRGINIA DENTAL PRACTICE A
4A - ADMINISTRATION OF ANESTHESIA B
4B - DENTAL LABORATORY SERVICES
5 - PHARMACISTS, PHARMACY TECHNICIA
6 - BOARD OF FUNERAL SERVICE EXAMIN
7 - REGISTERED PROFESSIONAL NURSES
7A - PRACTICAL NURSES
7B - CENTER FOR NURSING
7C - DIALYSIS TECHNICIANS
7D - MEDICATION ASSISTIVE PERSONS
7E - NURSE HEALTH PROGRAMS
7F - NURSE LICENSURE COMPACT
8 - OPTOMETRISTS
8A - EYE CARE CONSUMER PROTECTION L
9 - ACCOUNTANTS
10 - VETERINARIANS
10A - ANIMAL EUTHANASIA TECHNICIAN
11 - CHIROPODISTS-PODIATRISTS
12 - ARCHITECTS
13 - ENGINEERS
13A - LAND SURVEYORS
14 - OSTEOPATHIC PHYSICIANS AND SU
14A - ASSISTANTS TO OSTEOPATHIC PH
15 - NURSE-MIDWIVES
16 - CHIROPRACTORS
17 - SANITARIANS
18 - PRIVATE INVESTIGATIVE AND SEC
19 - FORESTERS
20 - PHYSICAL THERAPISTS
20A - ATHLETIC TRAINERS
21 - PSYCHOLOGISTS; SCHOOL PSYCHOL
22 - LANDSCAPE ARCHITECTS
23 - RADIOLOGIC TECHNOLOGISTS
24 - QUALIFICATION OF ARMED FORCES
25 - NURSING HOME ADMINISTRATORS
26 - HEARING-AID DEALERS AND FITTE
27 - BOARD OF BARBERS AND COSMETOL
28 - WEST VIRGINIA OCCUPATIONAL TH
29 - LAW-ENFORCEMENT TRAINING AND
29A - STANDARDS FOR PROFESSIONAL F
30 - SOCIAL WORKERS
31 - LICENSED PROFESSIONAL COUNSEL
32 - SPEECH-LANGUAGE PATHOLOGISTS
33 - TATTOO STUDIO BUSINESS
34 - BOARD OF RESPIRATORY CARE PRA
35 - BOARD OF DIETITIANS
36 - ACUPUNCTURISTS
37 - MASSAGE THERAPISTS
38 - THE REAL ESTATE APPRAISER LIC
38A - APPRAISAL MANAGEMENT COMPANI
39 - UNIFORM ATHLETE AGENTS ACT
40 - WEST VIRGINIA REAL ESTATE LIC
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.
(a) This article shall be known as “Lynette’s Law.”
(b) The requirements in subsection (c) of this section for criminal background checks apply to those persons applying to be licensed in West Virginia for the first time by the boards governing licensing under the following sections: Section ten, article three of this chapter; section four, article three-e of this chapter; section eight, article four of this chapter; section nine, article five of this chapter; section six, article seven of this chapter; section three, article seven-a of this chapter; section eight, article eight of this chapter; section eight, article ten of this chapter; section four, article fourteen of this chapter; and section seven, article twenty-one of this chapter.
(c) A person applying for licensing to a board listed in subsection (b) of this section must submit to a state and national criminal history record check, as set forth in this subsection: Provided, That an applicant for a license who is an attorney at law may submit a letter of good standing from the Clerk of the Supreme Court of Appeals of West Virginia in lieu of submitting to a state and national criminal history record check.
(1) This requirement is found not to be against public policy.
(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(3) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this subsection; and
(B) Authorizing the board, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(4) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(5) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.
(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.
(d) Before implementing the provisions of this subsection, the board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code. The rules shall set forth the requirements and procedures for the criminal history check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U. S. C. A. §14611, et seq.