HB2178 H GO AM 2-19
The Committee on Government Organization moves to amend the
bill on page 1, line 21, by striking out everything after the
enacting section, and inserting in lieu thereof the following:
"ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-20. Criminal background checks.
(a) Boards may require an applicant for an authorization to
practice under this chapter to submit to a state and national
criminal background check. This requirement is found not to be
against public policy.
__________(b) Before implementing subsection (a) of this section, 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
background 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,
__________(c) The criminal background check shall be based on
fingerprints submitted to the West Virginia State Police or its
assigned agent for forwarding to the Federal Bureau of
__________(d) The applicant shall meet all requirements necessary to accomplish the state and national criminal background check,
__________(1) Submitting fingerprints for the purposes set forth in
subsection (b) of this section; and
__________(2) 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 an
authorization to practice.
__________(e) The results of the state and national criminal background
check may not be released to any party except as provided in this
article or the legislative rules promulgated in accordance with
__________(f) Any costs imposed upon an applicant to meet the
requirements of this section may not exceed the actual costs
necessary to obtain the applicant's fingerprints and any fees
charged by the West Virginia State Police or its assigned agent and
the Federal Bureau of Investigation to accomplish the background
__________(g) The first regulatory board review of each board made
pursuant to article ten, chapter four of this code following the
enactment of this section shall include specific findings and
recommendations as to whether the provisions of this section should
continue to be applicable to the board."