| 71 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-3271, Arizona Revised Statutes, is amended to read: START_STATUTE32-3271. Exceptions to licensure; jurisdiction A. This chapter does not apply to: 1. A person who is currently licensed, certified or regulated pursuant to another chapter of this title and who provides services within the person's scope of practice if the person does not claim to be licensed pursuant to this chapter. 2. A person who is not a resident of this state if the person: (a) Performs behavioral health services in this state for not more than ninety days in any one calendar year as prescribed by board rule. (b) Is authorized to perform these services pursuant to the laws of the state or country in which the person resides or pursuant to the laws of a federally recognized Indian tribe. (c) Informs the client of the limited nature of these services and that the person is not licensed in this state. 3. A rabbi, priest, minister or member of the clergy of any religious denomination or sect if the activities and services that person performs are within the scope of the performance of the regular or specialized ministerial duties of an established and legally recognizable church, denomination or sect and the person performing the services remains accountable to the established authority of the church, denomination or sect. 4. A member-run self-help or self-growth group if no member of the group receives direct or indirect financial compensation. 5. A behavioral health technician or behavioral health paraprofessional who is employed by an agency licensed by the department of health services. 6. A person contracting with the supreme court or a person employed by or contracting with an agency under contract with the supreme court who is otherwise ineligible to be licensed or who is in the process of applying to be licensed under this chapter as long as that person is in compliance with the supreme court contract conditions regarding professional counseling services and practices only under supervision. 7. A person who is employed by the department of economic security or the department of child safety and who practices social work, marriage and family therapy, addiction counseling, counseling and case management within the scope of the person's job duties and under direct supervision by the employer department. 8. A student, intern or trainee who is pursuing a course of study in social work, counseling, marriage and family therapy, addiction counseling or case management in a regionally accredited institution of higher education or training institution if the person's activities are performed under qualified supervision and are part of the person's supervised course of study. 9. A person who is practicing social work, counseling and case management and who is employed by an agency licensed by the department of economic security or the department of child safety. 10. A paraprofessional who is employed by the department of economic security or by an agency licensed by the department of economic security. 11. A Christian Science practitioner if all of the following are true: (a) The person is not providing psychotherapy. (b) The activities and services the person performs are within the scope of the performance of the regular or specialized duties of a Christian Science practitioner. (c) The person remains accountable to the established authority of the practitioner's church. 12. A person who is not providing psychotherapy. 13. FOR A PERIOD OF NINETY DAYS, A person who has completed the person's course of study in social work, counseling, marriage and family therapy or addiction counseling from a regionally accredited institution of higher education, who has graduated, who possesses a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and who is in the process of applying for an associate level license pursuant to this chapter if the person's activities are performed under qualified supervision by a person who provided direct supervision during the course of study or internship. The person may apply any direct client contact work experience obtained DURING THE NINETY-DAY PERIOD while the person's application is pending toward the person's direct client contact work experience licensure requirements. B. A person who provides services pursuant to subsection A, paragraph 2 of this section is deemed to have agreed to the jurisdiction of the board and to be bound by the laws of this state. END_STATUTE Sec. 2. Section 41-619.51, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.51. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing. 2. "Board" means the board of fingerprinting. 3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804. 4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present. 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55. 6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 8-804. (h) Section 15-183. (i) Section 15-503. (j) Section 15-512. (k) Section 15-534. (l) Section 15-763.01. (m) Section 15-782.02. (n) Section 15-1330. (o) Section 15-1881. (p) Section 17-215. (q) Section 28-3228. (r) Section 28-3413. (s) Section 32-122.02. (t) Section 32-122.05. (u) Section 32-122.06. (v) Section 32-823. (w) Section 32-1232. (x) Section 32-1276.01. (y) Section 32-1284. (z) Section 32-1297.01. (aa) Section 32-1904. (bb) Section 32-1941. (cc) Section 32-1982. (dd) Section 32-2022. (ee) Section 32-2063. (ff) Section 32-2108.01. (gg) Section 32-2123. (hh) Section 32-2371. (ii) Section 32-3271. (ii) (jj) Section 32-3430. (jj) (kk) Section 32-3620. (kk) (ll) Section 32-3668. (ll) (mm) Section 32-3669. (mm) (nn) Section 32-3922. (nn) (oo) Section 32-3924. (pp) Section 32-4128. (oo) (qq) Section 32-4222. (qq) (rr) Section 36-113. (rr) (ss) Section 36-207. (ss) (tt) Section 36-411. (tt) (uu) Section 36-425.03. (uu) (vv) Section 36-446.04. (vv) (ww) Section 36-594.01. (ww) (xx) Section 36-594.02. (xx) (yy) Section 36-766.01. (yy) (zz) Section 36-882. (zz) (aaa) Section 36-883.02. (aaa) (bbb) Section 36-897.01. (bbb) (ccc) Section 36-897.03. (ccc) (ddd) Section 36-3008. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321.END_STATUTE Sec. 3. Section 41-1758, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing. 2. "Division" means the fingerprinting division in the department of public safety. 3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety. 4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55. 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 15-183. (h) Section 15-503. (i) Section 15-512. (j) Section 15-534. (k) Section 15-763.01. (l) Section 15-782.02. (m) Section 15-1330. (n) Section 15-1881. (o) Section 17-215. (p) Section 28-3228. (q) Section 28-3413. (r) Section 32-122.02. (s) Section 32-122.05. (t) Section 32-122.06. (u) Section 32-823. (v) Section 32-1232. (w) Section 32-1276.01. (x) Section 32-1284. (y) Section 32-1297.01. (z) Section 32-1904. (aa) Section 32-1941. (bb) Section 32-1982. (cc) Section 32-2022. (dd) Section 32-2063. (ee) Section 32-2108.01. (ff) Section 32-2123. (gg) Section 32-2371. (hh) Section 32-3271. (hh) (ii) Section 32-3430. (ii) (jj) Section 32-3620. (jj) (kk) Section 32-3668. (kk) (ll) Section 32-3669. (ll) (mm) Section 32-3922. (mm) (nn) Section 32-3924. (nn) (oo) Section 32-4128. (oo) (pp) Section 32-4222. (pp) (qq) Section 36-113. (qq) (rr) Section 36-207. (rr) (ss) Section 36-411. (ss) (tt) Section 36-425.03. (tt) (uu) Section 36-446.04. (uu) (vv) Section 36-594.01. (vv) (ww) Section 36-594.02. (ww) (xx) Section 36-766.01. (xx) (yy) Section 36-882. (yy) (zz) Section 36-883.02. (zz) (aaa) Section 36-897.01. (aaa) (bbb) Section 36-897.03. (bbb) (ccc) Section 36-3008. (ccc) (ddd) Section 41-619.52. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321. 6. "Rap back services" has the same meaning prescribed in section 41-1750. 7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE Sec. 4. Section 41-1758.01, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758.01. Fingerprinting division; powers and duties A. The fingerprinting division is established in the department of public safety and shall: 1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3271, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321. 2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card. 3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund. 4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07. 5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 7. Administer and enforce this article. B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with: 1. All information privacy and security measures and submission standards established by the department of public safety. 2. The information technology security policy approved by the department of public safety.END_STATUTE |
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| 69 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-3279, Arizona Revised Statutes, is amended to read: START_STATUTE32-3279. Probationary and temporary licenses A. If an applicant does not meet the basic requirements for licensure prescribed in section 32-3275, the board may issue a probationary license that is subject to any of the following: 1. A requirement that the licensee's practice be supervised. 2. A restriction on the licensee's practice. 3. A requirement that the licensee begin or continue medical or psychiatric treatment. 4. A requirement that the licensee participate in a specified rehabilitation program. 5. A requirement that the licensee abstain from alcohol and other drugs. B. If the board offers a probationary license, the board shall notify the applicant in writing of the: 1. Applicant's specific deficiencies. 2. Probationary period. 3. Applicant's right to reject the terms of probation. 4. Applicant's right to a hearing on the board's denial of the application. C. The board by rule may prescribe a procedure to issue temporary licenses. At a minimum, these rules must include the following provisions: 1. A person issued a temporary license may practice behavioral health only under the direct supervision of a licensee. 2. A temporary license expires on the date specified by the board and not more than one year after the date of issuance. 3. A temporary license may contain restrictions as to time, place and supervision that the board deems appropriate. 4. The board may summarily revoke a temporary license without a hearing. 5. The board's denial of a licensure application terminates a temporary license. D. Notwithstanding any other provision of this section, the board shall issue a temporary license to a person who has completed the person's course of study in social work, counseling, marriage and family therapy or addiction counseling from a regionally accredited institution of higher education, who has graduated, who possesses a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and who is in the process of applying for an associate level license pursuant to this chapter if the person's activities are performed under qualified supervision by a person who provided direct supervision during the course of study or internship. The temporary licensure is valid for ninety days after the person's date of graduation. The person may apply any direct client contact work experience obtained during the temporary licensure time frame pursuant to this subsection toward the person's direct client contact work experience licensure requirements. END_STATUTE Sec. 2. Section 41-619.51, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.51. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing. 2. "Board" means the board of fingerprinting. 3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804. 4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present. 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55. 6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 8-804. (h) Section 15-183. (i) Section 15-503. (j) Section 15-512. (k) Section 15-534. (l) Section 15-763.01. (m) Section 15-782.02. (n) Section 15-1330. (o) Section 15-1881. (p) Section 17-215. (q) Section 28-3228. (r) Section 28-3413. (s) Section 32-122.02. (t) Section 32-122.05. (u) Section 32-122.06. (v) Section 32-823. (w) Section 32-1232. (x) Section 32-1276.01. (y) Section 32-1284. (z) Section 32-1297.01. (aa) Section 32-1904. (bb) Section 32-1941. (cc) Section 32-1982. (dd) Section 32-2022. (ee) Section 32-2063. (ff) Section 32-2108.01. (gg) Section 32-2123. (hh) Section 32-2371. (ii) Section 32-3279. (ii) (jj) Section 32-3430. (jj) (kk) Section 32-3620. (kk) (ll) Section 32-3668. (ll) (mm) Section 32-3669. (mm) (nn) Section 32-3922. (nn) (oo) Section 32-3924. (oo) (pp) Section 32-4222. (pp) (qq) Section 32-4128. (qq) (rr) Section 36-113. (rr) (ss) Section 36-207. (ss) (tt) Section 36-411. (tt) (uu) Section 36-425.03. (uu) (vv) Section 36-446.04. (vv) (ww) Section 36-594.01. (ww) (xx) Section 36-594.02. (xx) (yy) Section 36-766.01. (yy) (zz) Section 36-882. (zz) (aaa) Section 36-883.02. (aaa) (bbb) Section 36-897.01. (bbb) (ccc) Section 36-897.03. (ccc) (ddd) Section 36-3008. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321.END_STATUTE Sec. 3. Section 41-1758, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing. 2. "Division" means the fingerprinting division in the department of public safety. 3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety. 4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55. 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 15-183. (h) Section 15-503. (i) Section 15-512. (j) Section 15-534. (k) Section 15-763.01. (l) Section 15-782.02. (m) Section 15-1330. (n) Section 15-1881. (o) Section 17-215. (p) Section 28-3228. (q) Section 28-3413. (r) Section 32-122.02. (s) Section 32-122.05. (t) Section 32-122.06. (u) Section 32-823. (v) Section 32-1232. (w) Section 32-1276.01. (x) Section 32-1284. (y) Section 32-1297.01. (z) Section 32-1904. (aa) Section 32-1941. (bb) Section 32-1982. (cc) Section 32-2022. (dd) Section 32-2063. (ee) Section 32-2108.01. (ff) Section 32-2123. (gg) Section 32-2371. (hh) Section 32-3279. (hh) (ii) Section 32-3430. (ii) (jj) Section 32-3620. (jj) (kk) Section 32-3668. (kk) (ll) Section 32-3669. (ll) (mm) Section 32-3922. (mm) (nn) Section 32-3924. (nn) (oo) Section 32-4128. (oo) (pp) Section 32-4222. (pp) (qq) Section 36-113. (qq) (rr) Section 36-207. (rr) (ss) Section 36-411. (ss) (tt) Section 36-425.03. (tt) (uu) Section 36-446.04. (uu) (vv) Section 36-594.01. (vv) (ww) Section 36-594.02. (ww) (xx) Section 36-766.01. (xx) (yy) Section 36-882. (yy) (zz) Section 36-883.02. (zz) (aaa) Section 36-897.01. (aaa) (bbb) Section 36-897.03. (bbb) (ccc) Section 36-3008. (ccc) (ddd) Section 41-619.52. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321. 6. "Rap back services" has the same meaning prescribed in section 41-1750. 7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE Sec. 4. Section 41-1758.01, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758.01. Fingerprinting division; powers and duties A. The fingerprinting division is established in the department of public safety and shall: 1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3279, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321. 2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card. 3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund. 4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07. 5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 7. Administer and enforce this article. B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with: 1. All information privacy and security measures and submission standards established by the department of public safety. 2. The information technology security policy approved by the department of public safety.END_STATUTE |
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