H. B. 4131

         (By Delegates Howell, Canterbury,

              Gearheart, Arvon, Border, Kump,  

              Eldridge, Barill, Fragale, Campbell

                        and Staggers)

         [Introduced January 14, 2014; referred to the

         Committee on Government Organization then the Judiciary.]

A BILL to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to requiring certain boards of examination or registration to conduct a nationwide criminal background check on all applicants for license or registration and renewal; and providing that fees charged for the criminal background check may not exceed the actual costs of the criminal background check.

Be it enacted by the Legislature of West Virginia:

    That §30-1-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

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

§30-1-6. Application for license or registration; examination fee; establishment of application deadline and fees by legislative rule; prohibiting discrimination.

    (a) An applicant for an authorization to practice under the provisions of this chapter shall apply in writing to the proper board and submit the applicable fees.

    (b) Each board may establish, by legislative rule, a deadline for an application for an examination.

    (c) Notwithstanding the specific fees set forth in this chapter, each board may set fees by legislative rule that are sufficient to enable the board to effectively carry out its duties and responsibilities. At least thirty days prior to proposing a rule on fees, the board shall notify its membership of the proposed rule by:

    (1) Mailing a copy of the proposed rule to its membership; or

    (2) Posting the proposed rule on its website and notifying its membership of the website posting by:

    (A) Mailing a postcard;

    (B) Emailing a notice; or

    (C) Placing a notice in its newsletter.

    (d) In addition to any other information required by the board, an applicant’s social security number shall be recorded on an application: Provided, That the board shall redact the social security number on any copies provided to the public.

    (e) A board may not discriminate against an applicant because of political or religious opinion or affiliation, marital status, race, color, gender, creed, age, national origin, disability or other protected group status.

    (f) A board licensing persons for the practice of medicine and surgery and podiatry, physician assistants, dentistry, pharmacy, nursing, osteopathic physicians and surgeons, registered professional nurses, psychiatry, psychology or certified public accounts shall conduct a nationwide criminal background search consisting of the National Instant Criminal Background Check System and any other federal criminal background check. The fees charged by a board for the criminal background check may not exceed the actual cost of the criminal background check.

    (f) (g) A board may deny an applicant an authorization to practice in this state if an applicant’s authorization to practice in another jurisdiction has been revoked. The denial may be made by the board without a hearing unless the applicant requests a hearing within thirty days of the denial. A hearing must be conducted pursuant to the provisions of this article or the provisions contained in the rules of the board.

    NOTE: The purpose of this bill is to require certain boards of examination or registration to conduct a nationwide criminal background check on all applicants for license or registration and renewal. The bill also provides that fees charged for the criminal background check may not exceed the actual costs of the criminal background check.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.