W. Va. Code R. § 194-6-3 - Rational nexus to the practice of massage therapy
3.1. 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 practice of massage therapy. In determining whether a criminal
conviction bears a rational nexus to the practice of massage therapy, the board
shall consider at a minimum:
3.1.1. The
nature and seriousness of the crime for which the individual was
convicted;
3.1.2. The passage of
time since the commission of the crime;
3.1.3. The relationship of the crime to the
ability, capacity, and fitness required to perform the duties and discharge the
responsibilities of a licensed massage therapist; and
3.1.4. Any evidence of rehabilitation or
treatment undertaken by the individual.
Notes
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