Terms Used In West Virginia Code > Chapter 16 > Article 49 - West Virginia Clearance for Access: Registry and Employment Screening Act

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means an individual who is being considered for employment or engagement with the department, a covered provider or covered contractor. See West Virginia Code 16-49-1
• Background check: means a prescreening of registries specified by the secretary by rule and a fingerprint-based search of state and federal criminal history record information. See West Virginia Code 16-49-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bureau: means a division within the Department of Health and Human Resources. See West Virginia Code 16-49-1
• Conviction: A judgement of guilt against a criminal defendant.
• Covered contractor: means an individual or entity, including their employees and subcontractors, that contracts with a covered provider to perform services that include any direct access services. See West Virginia Code 16-49-1
• Covered provider: means the following facilities or providers:

  (i) A skilled nursing facility. See West Virginia Code 16-49-1

• Department: means the Department of Health and Human Resources. See West Virginia Code 16-49-1
• Direct access: means physical contact with a resident, member, beneficiary, or client, or access to their property, personally identifiable information, protected health information, or financial information. See West Virginia Code 16-49-1
• Direct access personnel: means an individual who has direct access by virtue of ownership, employment, engagement or agreement with the department, a covered provider, or covered contractor. See West Virginia Code 16-49-1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disqualifying offense: means :

  (A) A conviction of any crime described in 42 U. See West Virginia Code 16-49-1

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Negative finding: means a finding in the prescreening that excludes an applicant from direct access personnel positions. See West Virginia Code 16-49-1
• Notice of ineligibility: means a notice pursuant to §. See West Virginia Code 16-49-1
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Prescreening: means a mandatory search of databases and registries specified by the secretary in legislative rule for exclusions and licensure status prior to the submission of fingerprints for a criminal history record information check. See West Virginia Code 16-49-1
• Rap back: means the notification to the department when an individual who has undergone a fingerprint-based, state or federal criminal history record information check has a subsequent state or federal criminal history event. See West Virginia Code 16-49-1
• Secretary: means the Secretary of the West Virginia Department of Health and Human Resources, or his or her designee. See West Virginia Code 16-49-1
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• State Police: means the West Virginia State Police Criminal Identification Bureau. See West Virginia Code 16-49-1
• Subpoena: A command to a witness to appear and give testimony.