W. Va. Code R. § 19-3-15 - Use of criminal records as disqualification from authorization to practice

15.1. The board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the nursing profession. In determining whether a criminal conviction bears a rational nexus to the nursing profession the board shall consider at a minimum:

15.1.a. The nature and seriousness of the crime for which the individual was convicted;

15.1.b. The passage of time since the commission of the crime;

15.1.c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the registered nurse; and

15.1.d. Any evidence of rehabilitation or treatment undertaken by the individual.

15.2. Because the term "moral turpitude" is vague and subject to inconsistent applications, the board may not rely upon the description of a crime for which an applicant has been convicted as one of "moral turpitude" as a basis for denying licensure: Provided, That if the prior conviction for the underlying crime bears a rational nexus to the profession or occupation requiring licensure, the board may consider the conviction according to the requirements of subdivision (1) of this subsection.

15.3. Notwithstanding any other provision of this chapter to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if:

15.3.a. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

15.3.b. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

15.3.c. The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the board.

15.4. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual's criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The board shall provide the determination within 60 days of receiving the petition from the applicant. The board may charge a fee to recoup its costs for each petition. The requirements of this section do not apply to the criteria that the board may consider when making determinations regarding relicensure or discipline of licensees.

Notes

W. Va. Code R. § 19-3-15