The bill amends and reenacts section 21-5-5c of the Code of West Virginia, 1931, to clarify the qualifications necessary for individuals seeking to be licensed as Class I or Class II psychophysiological detection of deception examiners. It stipulates that no person or entity may administer such examinations without a valid license from the Commissioner of Labor. The qualifications for licensure include being at least 21 years old, a U.S. citizen, free from felony convictions (with a provision for evaluating the relevance of past convictions), and having completed a six-month internship, among other requirements. Notably, the bill specifies that a Class I license applicant is not required to hold a baccalaureate degree, and a Class II license applicant is not required to hold an associate degree.

Additionally, the bill empowers the Commissioner of Labor to establish testing requirements for licensure, ensuring applicants are familiar with the American Polygraph Association's code of ethics and operational procedures for deception detection equipment. The licenses will be valid for one year and can be renewed annually. The Commissioner is also tasked with proposing legislative rules governing the administration of these examinations, which will cover training requirements, testing standards, and fees associated with licensing. The bill aims to enhance the regulatory framework surrounding psychophysiological detection of deception practices in West Virginia.

Statutes affected:
Introduced Version: 21-5-5c
Committee Substitute: 21-5-5c