HB2178 H GO AM 2-19

Thompson 3192

    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, et seq.

    (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 Investigation.

    (d) The applicant shall meet all requirements necessary to accomplish the state and national criminal background check, including:

    (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 this article.

    (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 check.

    (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.”