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Chapter 30     Entire Code


ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.

ARTICLE 1B. PROVISIONS APPLICABLE TO MILITARY MEMBERS AND THEIR SPOUSES.

ARTICLE 1C. INTERSTATE MEDICAL LICENSURE COMPACT.

ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.
§30-1D-1. Criminal background checks required of new applicants.

ARTICLE 2. ATTORNEYS-AT-LAW.

ARTICLE 2A. MEDICAL LICENSING BOARD.

ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.

ARTICLE 3B. MOBILE INTENSIVE CARE PARAMEDICS.

ARTICLE 3C. HEALTH CARE PEER REVIEW ORGANIZATION PROTECTION.

ARTICLE 3D. PHYSICIAN HEALTH PROGRAMS.

ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.

ARTICLE 3F. DIRECT PRIMARY CARE PRACTICE.

ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.

ARTICLE 4A. ADMINISTRATION OF ANESTHESIA BY DENTISTS.

ARTICLE 4B. DENTAL LABORATORY SERVICES.

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

ARTICLE 7A. PRACTICAL NURSES.

ARTICLE 7B. CENTER FOR NURSING.

ARTICLE 7C. DIALYSIS TECHNICIANS.

ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.

ARTICLE 7E. NURSE HEALTH PROGRAMS.

ARTICLE 7F. NURSE LICENSURE COMPACT.

ARTICLE 8. OPTOMETRISTS.

ARTICLE 8A. EYE CARE CONSUMER PROTECTION LAW.

ARTICLE 9. ACCOUNTANTS.

ARTICLE 10. VETERINARIANS.

ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.

ARTICLE 11. CHIROPODISTS-PODIATRISTS.

ARTICLE 12. ARCHITECTS.

ARTICLE 13. ENGINEERS.

ARTICLE 13A. LAND SURVEYORS.

ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.

ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.

ARTICLE 15. NURSE-MIDWIVES.

ARTICLE 16. CHIROPRACTORS.

ARTICLE 17. SANITARIANS.

ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.

ARTICLE 19. FORESTERS.

ARTICLE 20. PHYSICAL THERAPISTS.

ARTICLE 20A. ATHLETIC TRAINERS.

ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.

ARTICLE 22. LANDSCAPE ARCHITECTS.

ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.

ARTICLE 24. QUALIFICATION OF ARMED FORCES HEALTH TECHNICIANS FOR CIVILIAN HEALTH OCCUPATIONS.

ARTICLE 25. NURSING HOME ADMINISTRATORS.

ARTICLE 26. HEARING-AID DEALERS AND FITTERS.

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

ARTICLE 29A. STANDARDS FOR PROFESSIONAL FIRE FIGHTERS TRAINING; REGISTERED APPRENTICESHIP AND CERTIFICATION.

ARTICLE 30. SOCIAL WORKERS.

ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.

ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.

ARTICLE 33. TATTOO STUDIO BUSINESS.

ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.

ARTICLE 35. BOARD OF DIETITIANS.

ARTICLE 36. ACUPUNCTURISTS.

ARTICLE 37. MASSAGE THERAPISTS.

ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

ARTICLE 38A. APPRAISAL MANAGEMENT COMPANIES REGISTRATION ACT.

ARTICLE 39. UNIFORM ATHLETE AGENTS ACT.

ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.

ARTICLE 41. PHYSICAL THERAPY LICENSURE COMPACT ACT.

ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.

§30-1D-1.  Criminal background checks required of new applicants.

(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.

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