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SB1173 - 572R - S Ver
Senate Engrossed
behavioral health
facilities; fingerprinting
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1173
AN
ACT
Amending title 36, chapter 4, article 1, Arizona
Revised Statutes, by adding section 36-411.02; amending sections 41-619.51,
41-1758, 41-1758.01 and 41-1758.07, Arizona Revised Statutes;
relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 36-411.02, to read:
START_STATUTE
36-411.02.
Behavioral health facilities; fingerprint clearance cards
Beginning January 1, 2027, as a condition of
licensure or continued licensure of the following health care institutions,
each applicant, licensee and owner of the health care institution shall be a
united states citizen or
A LAWFUL PERMANENT RESIDENT OF
the United States and have a valid fingerprint clearance carD issued pursuant
to section 41-1758.07:
1. An outpatient treatment center
that provides only behavioral health services.
2. A behavioral health inpatient
facility.
3. A behavioral health residential
facility.
4. A counseling facility.
5. A substance abuse transitional
facility.
6. A behavioral health specialized
transitional facility.
END_STATUTE
Sec. 2. Section 41-619.51, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-619.51.
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, 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.
(jj) Section 32-3430.
(kk) Section 32-3620.
(ll) Section 32-3668.
(mm) Section 32-3669.
(nn) Section 32-3922.
(oo) Section 32-3924.
(pp) Section 32-4128.
(qq) Section 32-4222.
(rr) Section 36-113.
(ss) Section 36-207.
(tt) Section 36-411.
(
uu
) Section 36-411.02.
(uu)
(
vv
)
Section 36-425.03.
(vv)
(
ww
)
Section 36-446.04.
(ww)
(
xx
)
Section 36-594.01.
(xx)
(
yy
)
Section 36-594.02.
(yy)
(
zz
)
Section 36-766.01.
(zz)
(
aaa
)
Section 36-882.
(aaa)
(
bbb
)
Section 36-883.02.
(bbb)
(
ccc
)
Section 36-897.01.
(ccc)
(
ddd
)
Section 36-897.03.
(ddd)
(
eee
)
Section 36-1940.
(eee)
(
fff
)
Section 36-1940.01.
(fff)
(
ggg
)
Section 36-2069.
(ggg)
(
hhh
)
Section 36-3008.
(hhh)
(
iii
)
Section 41-619.53.
(iii)
(
jjj
)
Section 41-1964.
(jjj)
(
kkk
)
Section 41-1967.01.
(kkk)
(
lll
)
Section 41-1968.
(lll)
(
mmm
)
Section 41-1969.
(mmm)
(
nnn
)
Section 41-2814.
(nnn)
(
ooo
)
Section 41-4025.
(ooo)
(
ppp
)
Section 46-141,
subsection A or B.
(ppp)
(
qqq
)
Section 46-321.
END_STATUTE
Sec. 3. Section 41-1758, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1758.
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.
(ii) Section 32-3430.
(jj) Section 32-3620.
(kk) Section 32-3668.
(ll) Section 32-3669.
(mm) Section 32-3922.
(nn) Section 32-3924.
(oo) Section 32-4128.
(pp) Section 32-4222.
(qq) Section 36-113.
(rr) Section 36-207.
(ss) Section 36-411.
(
tt
) Section 36-411.02.
(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 36-1940.
(ddd)
(
eee
)
Section 36-1940.01.
(eee)
(
fff
)
Section 36-2069.
(fff)
(
ggg
)
Section 36-3008.
(ggg)
(
hhh
)
Section 41-619.52.
(hhh)
(
iii
)
Section 41-619.53.
(iii)
(
jjj
)
Section 41-1964.
(jjj)
(
kkk
)
Section 41-1967.01.
(kkk)
(
lll
)
Section 41-1968.
(lll)
(
mmm
)
Section 41-1969.
(mmm)
(
nnn
)
Section 41-2814.
(nnn)
(
ooo
)
Section 41-4025.
(ooo)
(
ppp
)
Section 46-141, subsection A or B.
(ppp)
(
qqq
)
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_STATUTE
41-1758.01.
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,
36-411.02,
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, 36-1940, 36-1940.01, 36-2069, 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
Sec. 5. Section 41-1758.07, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1758.07.
Level I fingerprint clearance cards; definitions
A. On receiving the state and federal criminal
history record of a person who is required to be fingerprinted pursuant to this
section, the division shall compare the record with the list of criminal
offenses that preclude the person from receiving a level I fingerprint
clearance card. If the person's criminal history record does not contain any of
the offenses listed in subsections B and C of this section, the division shall
issue the person a level I fingerprint clearance card.
B. A person who is subject to registration as a sex
offender in this state or any other jurisdiction or who is awaiting trial on or
who has been convicted of committing or attempting, soliciting, facilitating or
conspiring to commit one or more of the following offenses in this state or the
same or similar offenses in another state or jurisdiction is precluded from
receiving a level I fingerprint clearance card:
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. Homicide, including first or second degree
murder, manslaughter and negligent homicide.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable
adult.
9. Child sex trafficking as prescribed in section 13-3212.
10. Child abuse.
11. Felony child neglect.
12. Abuse of a vulnerable adult.
13. Sexual conduct with a minor.
14. Molestation of a child.
15. Molestation of a vulnerable adult.
16. Dangerous crimes against children as defined in
section 13-705.
17. Exploitation of minors involving drug offenses.
18. Taking a child for the purpose of prostitution
as prescribed in section 13-3206.
19. Neglect or abuse of a vulnerable adult.
20. Sex trafficking.
21. Sexual abuse.
22. Production, publication, sale, possession and
presentation of obscene items as prescribed in section 13-3502.
23. Furnishing harmful items to minors as prescribed
in section 13-3506.
24. Furnishing harmful items to minors by internet
activity as prescribed in section 13-3506.01.
25. Obscene or indecent telephone communications to
minors for commercial purposes as prescribed in section 13-3512.
26. Luring a minor for sexual exploitation.
27. Enticement of persons for purposes of
prostitution.
28. Procurement by false pretenses of person for
purposes of prostitution.
29. Procuring or placing persons in a house of
prostitution.
30. Receiving earnings of a prostitute.
31. Causing one's spouse to become a prostitute.
32. Detention of persons in a house of prostitution
for debt.
33. Keeping or residing in a house of prostitution
or employment in prostitution.
34. Pandering.
35. Transporting persons for the purpose of
prostitution, polygamy and concubinage.
36. Portraying adult as a minor as prescribed in
section 13-3555.
37. Admitting minors to public displays of sexual
conduct as prescribed in section 13-3558.
38. Any felony offense involving contributing to the
delinquency of a minor.
39. Unlawful sale or purchase of children.
40. Child bigamy.
41. Any felony offense involving domestic violence
as defined in section 13-3601 except for a felony offense only involving
criminal damage in an amount of more than $250 but less than $1,000 if the
offense was committed before June 29, 2009.
42. Any felony offense in violation of title 13,
chapter 12 if committed within five years before the date of applying for a
level I fingerprint clearance card.
43. Felony drug or alcohol related offenses if
committed within five years before the date of applying for a level I
fingerprint clearance card.
44. Felony indecent exposure.
45. Felony public sexual indecency.
46. Terrorism.
47. Any offense involving a violent crime as defined
in section 13-901.03.
48. Trafficking of persons for forced labor or services.
C. A person who is awaiting trial on or who has been
convicted of committing or attempting, soliciting, facilitating or conspiring
to commit one or more of the following offenses in this state or the same or
similar offenses in another state or jurisdiction is precluded from receiving a
level I fingerprint clearance card, except that the person may petition the
board of fingerprinting for a good cause exception pursuant to section 41-619.55:
1. Any misdemeanor offense in violation of title 13,
chapter 12.
2. Misdemeanor indecent exposure.
3. Misdemeanor public sexual indecency.
4. Aggravated criminal damage.
5. Theft.
6. Theft by extortion.
7. Shoplifting.
8. Forgery.
9. Criminal possession of a forgery device.
10. Obtaining a signature by deception.
11. Criminal impersonation.
12. Theft of a credit card or obtaining a credit
card by fraudulent means.
13. Receipt of anything of value obtained by
fraudulent use of a credit card.
14. Forgery of a credit card.
15. Fraudulent use of a credit card.
16. Possession of any machinery, plate or other
contrivance or incomplete credit card.
17. False statement as to financial condition or
identity to obtain a credit card.
18. Fraud by persons authorized to provide goods or
services.
19. Credit card transaction record theft.
20. Misconduct involving weapons.
21. Misconduct involving explosives.
22. Depositing explosives.
23. Misconduct involving simulated explosive
devices.
24. Concealed weapon violation.
25. Misdemeanor possession and misdemeanor sale of
peyote.
26. Felony possession and felony sale of peyote if
committed more than five years before the date of applying for a level I
fingerprint clearance card.
27. Misdemeanor possession and misdemeanor sale of a
vapor-releasing substance containing a toxic substance.
28. Felony possession and felony sale of a
vapor-releasing substance containing a toxic substance if committed more than
five years before the date of applying for a level I fingerprint clearance
card.
29. Misdemeanor sale of precursor chemicals.
30. Felony sale of precursor chemicals if committed
more than five years before the date of applying for a level I fingerprint
clearance card.
31. Misdemeanor possession, misdemeanor use or
misdemeanor sale of marijuana, dangerous drugs or narcotic drugs.
32. Felony possession, felony use or felony sale of
marijuana, dangerous drugs or narcotic drugs if committed more than five years
before the date of applying for a level I fingerprint clearance card.
33. Misdemeanor manufacture or misdemeanor
distribution of an imitation controlled substance.
34. Felony manufacture or felony distribution of an
imitation controlled substance if committed more than five years before the
date of applying for a level I fingerprint clearance card.
35. Misdemeanor manufacture or misdemeanor
distribution of an imitation prescription-only drug.
36. Felony manufacture or felony distribution of an
imitation prescription-only drug if committed more than five years before the
date of applying for a level I fingerprint clearance card.
37. Misdemeanor manufacture or misdemeanor
distribution of an imitation over-the-counter drug.
38. Felony manufacture or felony distribution of an
imitation over-the-counter drug if committed more than five years
before the date of applying for a level I fingerprint clearance card.
39. Misdemeanor possession or misdemeanor possession
with intent to use an imitation controlled substance.
40. Felony possession or felony possession with
intent to use an imitation controlled substance if committed more than five
years before the date of applying for a level I fingerprint clearance card.
41. Misdemeanor possession or misdemeanor possession
with intent to use an imitation prescription-only drug.
42. Felony possession or felony possession with
intent to use an imitation prescription-only drug if committed more than five
years before the date of applying for a level I fingerprint clearance card.
43. Misdemeanor possession or misdemeanor possession
with intent to use an imitation over-the-counter drug.
44. Felony possession or felony possession with
intent to use an imitation over-the-counter drug if committed more than five
years before the date of applying for a level I fingerprint clearance card.
45. Misdemeanor manufacture of certain substances
and drugs by certain means.
46. Felony manufacture of certain substances and
drugs by certain means if committed more than five years before the date of
applying for a level I fingerprint clearance card.
47. Adding poison or other harmful substance to
food, drink or medicine.
48. A criminal offense involving criminal trespass
under title 13, chapter 15.
49. A criminal offense involving burglary under
title 13, chapter 15.
50. A criminal offense under title 13, chapter 23,
except terrorism.
51. Misdemeanor offenses involving child neglect.
52. Misdemeanor offenses involving contributing to
the delinquency of a minor.
53. Misdemeanor offenses involving domestic violence
as defined in section 13-3601.
54. Felony offenses involving domestic violence if
the offense only involved criminal damage in an amount of more than $250 but
less than $1,000 and the offense was committed before June 29, 2009.
55. Arson.
56. Felony offenses involving sale, distribution or
transportation of, offer to sell, transport or distribute or conspiracy to
sell, transport or distribute marijuana, dangerous drugs or narcotic drugs if
committed more than five years before the date of applying for a level I
fingerprint clearance card.
57. Criminal damage.
58. Misappropriation of charter school monies as
prescribed in section 13-1818.
59. Taking identity of another person or entity.
60. Aggravated taking identity of another person or
entity.
61. Trafficking in the identity of another person or
entity.
62. Cruelty to animals.
63. Prostitution as prescribed in section 13-3214.
64. Sale or distribution of material harmful to
minors through vending machines as prescribed in section 13-3513.
65. Welfare fraud.
66. Any felony offense in violation of title 13,
chapter 12 if committed more than five years before the date of applying for a
level I fingerprint clearance card.
67. Kidnapping.
68. Robbery, aggravated robbery or armed robbery.
D. A person who is awaiting trial on or who has been
convicted of committing or attempting to commit a misdemeanor violation of
section 28-1381, 28-1382 or 28-1383 in this state or the same
or a similar offense in another state or jurisdiction within five years after
the date of applying for a level I fingerprint clearance card is precluded from
driving any vehicle to transport employees or clients of the employing agency
as part of the person's employment. The division shall place a
notation on the level I fingerprint clearance card that indicates this driving
restriction. This subsection does not preclude a person from driving
a vehicle alone as part of the person's employment.
E. Notwithstanding subsection C of this section, on
receiving written notice from the board of fingerprinting that a good cause
exception was granted pursuant to section 41-619.55, the division shall
issue a level I fingerprint clearance card to the applicant.
F. If the division denies a person's application for
a level I fingerprint clearance card pursuant to subsection C of this section
and a good cause exception is requested pursuant to section 41-619.55,
the division shall release, on request by the board of fingerprinting, the
person's criminal history record to the board of fingerprinting.
G. A person shall be granted a level I fingerprint
clearance card pursuant to this section if either of the following applies:
1. An agency granted a good cause exception before
August 16, 1999 and no new precluding offense is identified. The
fingerprint clearance card shall specify only the program that granted the good
cause exception. On the request of the applicant, the agency that granted the
prior good cause exception shall notify the division in writing of the date on
which the prior good cause exception was granted, the date of the conviction
and the name of the offense for which the good cause exception was granted.
2. The board granted a good cause exception and no
new precluding offense is identified.
H. The licensee or contract provider shall assume
the costs of fingerprint checks conducted pursuant to this section and may
charge these costs to persons who are required to be fingerprinted.
I. A person who is under eighteen years of age or
who is at least ninety-nine years of age is exempt from the level I fingerprint
clearance card requirements of this section. �At all times the person shall be
under the direct visual supervision of personnel who have valid level I
fingerprint clearance cards.
J. The division may conduct criminal history records
checks through state and federal rap back services pursuant to section 41-1750,
subsection G for the purpose of updating the clearance status of current level
I fingerprint clearance cardholders pursuant to this section and may notify the
employing or licensing agency of the results of the records check. �If the
division suspends a person's fingerprint clearance card and the person requests
a good cause exception pursuant to section 41-619.55, the division shall
release, on request by the board of fingerprinting, the person's criminal
history record to the board of fingerprinting.
K. The division shall revoke a person's level I
fingerprint clearance card on receipt of a written request for revocation from
the board of fingerprinting pursuant to section 41-619.55.
L. If a person's criminal history record contains an
offense listed in subsection B or C of this section and the final disposition
is not recorded on the record, the division shall conduct research to obtain
the disposition within thirty business days after receipt of the
record. If the division cannot determine, within thirty business
days after receipt of the person's state and federal criminal history record
information, whether the person is awaiting trial on or has been convicted of
committing or attempting, soliciting, facilitating or conspiring to commit any
of the offenses listed in subsection B or C of this section in this state or
the same or a similar offense in another state or jurisdiction, the division
shall not issue a level I fingerprint clearance card to the
person. If the division is unable to make the determination required
by this subsection and does not issue a level I fingerprint clearance card to a
person, the person may request a good cause exception pursuant to section 41-619.55.
M. If after conducting a state and federal criminal
history records check the division determines that it is not authorized to
issue a level I fingerprint clearance card to an applicant, the division shall
notify the agency that the division is not authorized to issue a level I
fingerprint clearance card. This 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.
N. The division is not liable for damages resulting
from:
1. The issuance of a level I fingerprint clearance
card to an applicant who is later found to have been ineligible to receive a
level I fingerprint clearance card at the time the card was issued.
2. The denial of a level I fingerprint clearance
card to an applicant who is later found to have been eligible to receive a
level I fingerprint clearance card at the time issuance of the card was denied.
O. Notwithstanding any law to the contrary, an
individual may apply for and receive a level I fingerprint clearance card
pursuant to this section to satisfy a requirement that the person have a valid
fingerprint clearance card issued pursuant to section 41-1758.03.
P. Notwithstanding any law to the contrary, except
as prescribed pursuant to subsection Q of this section, an individual who
receives a level I fingerprint clearance card pursuant to this section
also satisfies a requirement that the individual have a valid fingerprint
clearance card issued pursuant to section 41-1758.03.
Q. Unless a cardholder commits an offense listed in
subsection B or C of this section after June 29, 2009, a fingerprint clearance
card issued pursuant to section 41-1758.03 before June 29, 2009 and its
renewals are valid for all requirements for a level I fingerprint clearance
card except those relating to the requirements of section 8-105 or 8-509. A
fingerprint clearance card issued before June 29, 2009 to meet the requirements
of section 8-105 or 8-509 and its renewals are valid after June 29,
2009 to meet all requirements for a level I fingerprint clearance card,
including the requirements of section 8-105 or 8-509, if the
cardholder has been certified by the court to adopt or has been issued a foster
home license before June 29, 2009.
R. The issuance of a level I fingerprint clearance
card does not entitle a person to employment.
S. For the purposes of this section:
1. "Person" means a person who is
fingerprinted pursuant to:
(a) Section 3-314, 8-105, 8-463, 8-509,
8-802, 17-215, 36-207,
36-411.02,
36-594.01, 36-594.02, 36-882, 36-883.02, 36-897.01,
36-897.03, 36-1940, 36-1940.01, 36-2819, 36-2855,
41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968,
41-1969 or 46-141.
(b) Subsection O of this section.
2. "Renewal" means the issuance of a
fingerprint clearance card to an existing fingerprint clearance cardholder who
applies before the person's existing fingerprint clearance card expires.
END_STATUTE