W. Va. Code R. § 19-13-14 - Application for Certification; Temporary Permit and Endorsement of Certification

14.1. An individual who applies to be credentialed as a dialysis technician shall:

14.1.a. File with the board the completed "Application for Dialysis Technician Credential", within the deadlines and according to all instructions including remittance of the required fee on forms by the Board. The individual shall submit the application at least thirty (30) days prior to the date the applicant wishes to take the examination. Payment shall be in the form established by the West Virginia Board of Examiners for Registered Professional Nurses. Application fees are not refundable;

14.1.b. Have completed a board approved dialysis technician training program, unless otherwise excepted by the law governing this rule;

14.1.c. The applicant shall submit to a state and a national electronic criminal history records check for the purpose of determining whether the applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a license.

14.1.c.1. The criminal history records checks shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.

14.1.c.2. The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:

14.1.c.2.A. Submitting fingerprints for the purposes set forth in this subsection; and,

14.1.c.2.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.

14.1.c.2.C. Paying for actual costs of the fingerprinting and criminal history record check.

14.1.d. The criminal history records required by this paragraph must have been completed within the twelve (12) months immediately before the application is filed with the board.

14.1.e. The board may require the applicant to obtain an electronic criminal history records check from a similar agency in the state of the technician or applicant's residence, if outside of West Virginia.

14.1.f. Should criminal offenses be reported on an applicant's criminal history record check, the board will consider the nature, severity, and recency of offenses, as well as rehabilitation and other factors on a case by case basis for licensure. To be qualified for certification, the results of the criminal history records checks must be verified by a source acceptable to the board other than the applicant.

14.1.g. The board may deny certification to any applicant who fails or refuses to submit the criminal history records checks required by this subsection.

14.1.h. The results of the state and national criminal history record check may not be released to or by a private entity except:

14.1.h.1. To the individual who is the subject of the criminal history record check;

14.1.h.2. With the written authorization of the individual who is the subject of the criminal history record check; or

14.1.h.3. Pursuant to a court order.

14.1.i. The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.

14.1.j. Have submitted to the board directly from the board approved training program a sealed verification of completion indicating the date of completion of the dialysis training program; and

14.1.k. Provide to the board a certified copy of the court record of any conviction from any jurisdiction, except for traffic-related misdemeanors (other than DUI) and a letter of explanation that addresses each conviction.

14.2. The board may issue a temporary permit to an applicant who files a completed "Application for Credential" following completion of a board approved training program. The temporary permit is effective from the date of issuance until three (3) days following receipt by the applicant and the board of the results of the first written certification examinationor after 18 months whichever is sooner. A temporary permit may be renewed one time for an additional 18 months from the renewal date unless the board revokes the temporary permit prior to its expiration, under the following circumstances: The national certification has lapsed, and a dialysis technician is required to work to qualify for recertification. The board may revoke the temporary permit prior to its expiration.

14.3. The holder of a temporary permit is subject to all provisions of West Virginia Code § 30-7C-1 et seq. and all other relevant provisions of the West Virginia Code and rules promulgated by the board.

14.4. An applicant for certification who fails to attain a passing score on the certification examination shall, upon notification of examination results, immediately return any temporary permit to the office of the board.

14.5. An individual who repeats the certification shall complete the application for certification as specified in this rule.

14.6. Individuals employed and working as dialysis technicians prior to July 1, 2005 may continue to do so provided they:

14.6.a. Meet the requirements of WV Code § 30-7C-3 et seq.;

14.6.b. Complete and submit an application to the board along with all required documents and fees; and

14.6.c. Meet with the board upon request.

14.7. On or before July 1, 2006, an individual who has successfully completed an approved dialysis technician training program and who was working on or before July 1, 2005, as a dialysis technician trainee in a dialysis facility, and whose administrative registered professional nurse in charge acknowledges that he or she is competent to perform the delegated duties and practices in accordance with the laws regulating the provision of dialysis care, the rules of the board and any other applicable federal and state laws and rules, shall be considered as having met the requirements of subdivision (4), subsection (a) of W. Va. Code § 30-7C-3 for the purposes of being certified by the board as a dialysis technician and shall:

14.7.a. Submit an application and all required documents and related fees; and

14.7.b. Meet with the board upon request.

14.8. Individuals certified as a dialysis technician in another state or territory may apply for West Virginia certification by endorsement. The applicant shall provide:

14.8.a. Evidence directly from the dialysis training program of completion of a program that meets the board's requirements for an approved dialysis training program in West Virginia;

14.8.b. Evidence from the original state and other states in which the applicant has been a dialysis technician that the certification in that state is in good standing;

14.8.c. Evidence that the applicant passed a national certification exam approved by the board. The evidence shall be provided directly from the certification body;

14.8.d. A completed competency verification form;

14.8.e. The results of a local and Federal criminal background check completed with the previous six (6) months; and,

14.8.f. Payment of the required fee.

Notes

W. Va. Code R. § 19-13-14