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HB 5093

Permitting certain felons to work in licensed behavioral health facilities

2026 Regular Session Introduced by Hollis Lewis and 1 co-sponsor

HB 5093 permits selected individuals with felony convictions to work in West Virginia licensed behavioral health facilities, addressing workforce shortages while raising public safety concerns.

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Bill Summary · HB 5093

Legislative bill overview

HB 5093 would modify West Virginia's licensing requirements for behavioral health facilities to allow certain individuals with felony convictions to work in these settings. The bill creates exceptions to existing prohibitions that currently bar all felons from employment in licensed behavioral health facilities, establishing criteria for which convicted individuals may be permitted to work in these positions.

Why is this important

Behavioral health facilities face significant workforce shortages, and this bill could expand the labor pool for these critical mental health and substance abuse treatment services. However, it directly impacts public safety protocols and facility liability, as behavioral health facilities often serve vulnerable populations including minors and individuals in crisis situations where trust and safety are paramount concerns.

Potential points of contention

  • Public safety vs. workforce needs: Balancing the legitimate staffing challenges in behavioral health with concerns about placing individuals with felony records in positions of authority over vulnerable clients
  • Scope of "certain felons": The bill's language about which felony convictions would be permissible remains unclear—violent offenses, sexual crimes, and substance-related felonies may require different treatment
  • Liability and insurance implications: Licensed facilities may face increased liability exposure or insurance premium increases if they employ individuals with criminal records, potentially offsetting any workforce benefits

Compiled from official sources — confirm details with the bill’s official record.

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