West Virginia Code § 16B-15-2

Background check program for the department, covered providers, and
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covered contractors.
(a) The director shall create and implement a background check program to facilitate the
processing and analysis of the criminal history and background of applicants to the
department, covered providers, and covered contractors with direct access. This program
shall be called the West Virginia Clearance for Access: Registry and Employement Screening.
(b) The purpose of the program is to protect West Virginia's vulnerable populations by
requiring registry and criminal background checks for all direct access personnel of the
department, covered providers, and covered contractors. u
(c) The program shall include:
(1) A centralized Internet-based system of registries toa allow the department, covered
providers, and covered contractors to perform a mandatory prescreening of applicants;
(2) Fingerprint-based state and federal criminal background checks on all direct access
personnel; and
(3) An integrated Rap Back Program with the State Police to allow retention of fingerprints
and updates of state and federal criminal information on all direct access personnel until
such time as the individual is no longer employed or engaged by the department, the
covered provider, or covered contractor.
(d) The director shall notify applicants subject to a criminal history record check that their
fingerprints shall be retained by the State Police Criminal Identification Bureau and the
Federal Bureau of In vestigation.

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