The bill amends and reenacts section 21-5-5c of the Code of West Virginia, 1931, to clarify the qualifications required for individuals seeking to be licensed as Class I or Class II psychophysiological detection of deception examiners. It establishes that no person or entity may administer such examinations without a valid license from the Commissioner of Labor. The qualifications for obtaining a license include being at least 21 years old, a U.S. citizen, free from felony convictions (with specific considerations regarding the relevance of past convictions), and having completed a minimum of six months of internship training. 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 outlines the responsibilities of the Commissioner of Labor in administering tests to ensure applicants are familiar with the ethical standards of the American Polygraph Association and competent in operating relevant equipment. It also mandates the establishment of an annual fee for licensing, which will contribute to the Psychophysiological Examiners Fund for the implementation and enforcement of the section. The Commissioner is tasked with proposing legislative rules that will govern the administration of these examinations, including training requirements, testing standards, and conditions for administering the examinations.

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