<For effective date information regarding this section, see § 16A-16-1.>
(a) Requirements. --
(1) If the patient designates a caregiver, the application shall include the name,
address and date of birth of the caregiver, and other individual identifying information
required by the bureau and the following:
(A) Federal and state criminal history record information as set forth in subsection
(b) of this section.
(B) If the caregiver has an identification card for the caregiver or another patient,
the expiration date of the identification card.
(C) Other information required by the bureau.
(2) The application shall be accompanied by a fee of $50. The bureau may waive or reduce the fee in cases of demonstrated financial hardship.
(3) The bureau may require additional information for the application.
(4) The application shall be signed and dated by the applicant.
(b) Criminal history. -- A caregiver shall submit fingerprints for the purpose of obtaining criminal history
record checks, and the West Virginia State Police or its authorized agent shall submit
the fingerprints to the Federal Bureau of Investigation for the purpose of verifying
the identity of the applicant and obtaining a current record of any criminal arrests
and convictions. Any criminal history record information relating to a caregiver obtained under this
section by the bureau may be interpreted and used by the bureau only to determine
the applicant's character, fitness and suitability to serve as a caregiver under this
act. The bureau shall also review the prescription drug monitoring program relating to
the caregiver. The bureau shall deny the application of a caregiver who has been convicted of a
criminal offense that occurred within the past five years relating to the felony sale
or possession of drugs, narcotics or controlled substances, or conspiracy thereof. The bureau may deny an application if the applicant has a history of drug abuse
or of diverting controlled substances or illegal drugs.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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