HB2103 H GO AM 1-21

Webb 3289

            The Committee on Government Organization moves to amend the bill on page two, section five, line five, following the word “witnesses” and the comma, by striking out the word “to”;

            On page two, line six, following the word “subpoenas” and the comma, by striking out the word “to”;

            On page two, line six, following the words “investigator and” by striking out the word “to”;

            On page two, line fourteen, after the words “public access” by striking out the underlined words “on a website”;

            On page two, line sixteen, after the word “code” by inserting a comma and the following words “and shall provide public access on a website to all disciplinary action taken.”; and

            On page four, section six, by striking out lines ten through fifteen, subsection (f), in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

            “(f) Each applicant requesting a license or registration from the West Virginia Board of Medicine, the West Virginia Board of Dentistry, the West Virginia Board of Pharmacy, the West Virginia State Board of Examiners for Licensed Practical Nurses, the West Virginia Board of Osteopathy, the West Virginia Board of Examiners for Registered Professional Nurses, the State Board of Examiners of Psychologists, the West Virginia Board of Veterinary Medicine, and the West Virginia Board of Accountancy, shall 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. The boards listed in this subsection shall require the following:

            (1) 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;

            (2) 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 with whom the applicant is seeking a license or registration, 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 or registration.

            (3) 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.

            (4) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code;

            (5) The applicant shall pay the actual costs of the fingerprinting and criminal history record check; and

            (6) Before implementing the provisions of this subsection, the boards listed in this subsection 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.”