Relating to authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations

2025 Regular Session Introduced by Doug Smith

HB 2309 allows West Virginia's Occupational Therapy Board to set rules for evaluating prior criminal convictions in licensure, balancing public safety and rehabilitation.

To House Government Organization

#legislature--rulemaking

Bill Overview

Bill Number: HB 2309

Title: Relating to authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to consideration of prior criminal convictions in initial licensure determinations

Status: To House Government Organization

Introduced: February 12, 2025

Classification: Bill

Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2309 aims to authorize the Board of Occupational Therapy in West Virginia to create a legislative rule that governs how prior criminal convictions are considered during the initial licensure process for occupational therapists. The bill seeks to clarify and formalize the criteria under which applicants with criminal histories may be evaluated for licensure.

Key Provisions

Rule Promulgation: The bill specifically allows the Board of Occupational Therapy to promulgate a rule regarding the consideration of prior criminal convictions. This rule is intended to provide a standardized approach to evaluating applicants' criminal backgrounds.

Legislative Rule Reference: The bill references a legislative rule that was filed in the State Register on January 10, 2024, and subsequently modified to address concerns raised by the Legislative Rule-Making Review Committee. The modified rule was refiled on August 29, 2024.

Impact

Affected Parties: The primary stakeholders affected by this bill include:

Prospective Occupational Therapists: Individuals seeking licensure who may have prior criminal convictions will be directly impacted by the new rule.
Board of Occupational Therapy: The board will gain the authority to establish guidelines for evaluating criminal history in the licensure process.

Public Safety and Employment: By establishing clear criteria, the bill aims to balance public safety concerns with the opportunity for rehabilitation and employment for individuals with criminal records.

Procedural Aspects

Legislative Process:

The bill was introduced and referred to the House Government Organization Committee on February 12, 2025.
The legislative rule that the bill seeks to authorize has already undergone a review process, indicating that it has been subject to scrutiny and modification prior to this legislative action.

Conclusion

House Bill 2309 represents an important step in defining how prior criminal convictions are considered in the licensure of occupational therapists in West Virginia. By granting the Board of Occupational Therapy the authority to create a legislative rule, the bill aims to ensure a fair and consistent approach to licensure determinations, potentially impacting the careers of many individuals in the field.

Bill