W. Va. Code R. § 29-4-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Speech-Language Pathologist, Audiologist, Provisional Licensees and Assistants

4.1. The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony but with considerations, as stated in sections 4.1.1. and 4.1.2. of this rule, or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va.Code § 30-32-1 et seq. or the rules of the Board.

4.1.1. 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 speech-language pathology or audiology professions. In determining whether a criminal conviction bears a rational nexus to the speech-language pathology or audiology professions, the Board shall consider, at a minimum:

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

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

4.1.1.c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the speech-language pathology and audiology professions; and

4.1.1.d. Any evidence of rehabilitation or treatment undertaken by the applicant.

4.1.2. An individual with one or more prior criminal convictions who has not previously applied for licensure may file a petition with the Board at any time for a determination of whether the individual's criminal record will disqualify him or her from obtaining a license. The petition shall include sufficient details about the individual's prior criminal convictions to enable the Board to identify the jurisdiction where the conviction(s) occurred, the date(s) of the conviction(s), and the specific nature of the conviction(s). The petition shall also include a payment to the Board of $100.00 to cover its costs in making a determination and upon the submission of an application for licensure, the eligibility fee shall be deducted from the applicable initial application fee. The Board shall provide its determination in writing within 60 days of receiving the petition from the individual.

Notes

W. Va. Code R. § 29-4-4