AN ACT relating to professional licensing background checks.

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AN ACT relating to professional licensing background checks. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 319 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The board shall require a national and state criminal background investigation 5
for every: 6
(a) Applicant seeking an initial license issued by the board permitting the 7
applicant to engage in a profession authorized by the board; 8
(b) Applicant seeking to reinstate a license; and 9
(c) Kentucky credential holder who applies for authorization to engage in the 10
practice of psychology outside this Commonwealth in accordance with the 11
IPC. 12
(2) The criminal background investigation under subsection (1) of this section shall 13
be by means of a fin gerprint check by the Department of Kentucky State Police 14
and Federal Bureau of Investigation pursuant to the following requirements: 15
(a) The board shall require each applicant described in subsection (1) of this 16
section to provide a complete and legible s et of fingerprints to the 17
Department of Kentucky State Police for submission to the Federal Bureau 18
of Investigation for a national criminal background check after a state 19
criminal background check is conducted; 20
(b) The results of the national and state cri minal background check shall be 21
sent to the board for the screening of applicants; 22
(c) The results of a national and state criminal background check shall not be 23
distributed or otherwise released by the board, except that the board: 24
1. Shall provide any ap plicant or credential holder the results of his or 25
her national and state criminal background check upon request; and 26
2. May introduce the results under seal as evidence in a legal proceeding 27
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that involves a challenge to any disciplinary action taken by th e board 1
based in whole or in part on information contained in the results; and 2
(d) Any fee charged by the Department of Kentucky State Police or for the 3
Federal Bureau of Investigation background check shall be an amount no 4
greater than the actual cost of processing the request and conducting the 5
background check. 6
(3) The board shall review the criminal background check results for every person 7
described in subsection (1)(c) of this section and determine whether the person is 8
eligible to apply for the compact privilege to practice outside the Commonwealth. 9
(4) The board may require a criminal background check for any credential holder 10
who is the subject of a grievance alleging misconduct by the credential holder as 11
described in KRS 319.082. 12
(5) Unless otherw ise required by law, the board shall not require a criminal 13
background check solely for the purpose of renewing a license. 14
(6) The board shall promulgate administrative regulations in accordance with KRS 15
Chapter 13A to implement this section. 16
SECTION 2. A NEW SECTION OF KRS CHAPTER 319A IS CREATED TO 17
READ AS FOLLOWS: 18
(1) The board shall require a national and state criminal background investigation 19
for every: 20
(a) Applicant seeking an initial license issued by the board pe rmitting the 21
applicant to engage in a profession authorized by the board; 22
(b) Applicant seeking to reinstate a license; and 23
(c) Person licensed to engage in a profession authorized by the board who 24
applies for authorization to engage in the practice of occ upational therapy 25
outside this Commonwealth in accordance with the occupational therapy 26
licensure compact. 27
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(2) The criminal background investigation under subsection (1) of this section shall 1
be by means of a fingerprint check by the Department of Kentucky State Police 2
and Federal Bureau of Investigation pursuant to the following requirements: 3
(a) The board shall require each applicant described in subsection (1) of this 4
section to provide a complete and legible set of fingerprints to the 5
Department of Kentucky State Police for submission to the Federal Bureau 6
of Investigation for a national criminal background check after a state 7
criminal background check is conducted; 8
(b) The results of the national and state criminal background check shall be 9
sent to the board for the screening of applicants; 10
(c) The results of a national and state criminal background check shall not be 11
distributed or otherwise released by the board, except that the board: 12
1. Shall provide any applicant or credential holder the results of his or 13
her national and state criminal background check upon request; and 14
2. May introduce the results under seal as evidence in a legal proceeding 15
that involves a challenge to any disciplinary action taken by the board 16
based in whole or in part on information contained in the results; and 17
(d) Any fee charged by the Department of Kentucky State Police or for the 18
Federal Bureau of Investigation background check shall be an amount no 19
greater than the actual cost of processing the request and conducting the 20
background check. 21
(3) The board shall review the criminal background check results for every person 22
described in subsection (1)(c) of this section and determine whether the person is 23
eligible to apply for the compact privilege to practice outside this Commonwealth. 24
(4) The board may require a criminal background check for any person licensed to 25
engage in a profession authorized by the board who is the subject of a complaint 26
alleging unprofessional conduct as described in KRS 319A.190. 27
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(5) Unless otherwise required by law, the board shall not require a criminal 1
background check solely for the purpose of renewing a license. 2
(6) The board shall promulgate administrative regulations in accordance with KRS 3
Chapter 13A to implement this section. 4
SECTION 3. A NEW SECTION OF KRS CHAPTER 334A IS CREATED TO 5
READ AS FOLLOWS: 6
(1) The board shall require a national and state criminal background investigation 7
for every: 8
(a) Applicant seeking an initial license issued by the board permitting the 9
applicant to engage in a profession authorized by the board; 10
(b) Applicant seeking to reinstate a license; and 11
(c) Person licensed to engage in a profession authorized by the board who 12
applies for authorization to engage in the pr actice of audiology or practice 13
of speech pathology outside this Commonwealth in accordance with the 14
audiology and speech-language pathology interstate compact. 15
(2) The criminal background investigation under subsection (1) of this section shall 16
be by mean s of a fingerprint check by the Department of Kentucky State Police 17
and Federal Bureau of Investigation pursuant to the following requirements: 18
(a) The board shall require each applicant described in subsection (1) of this 19
section to provide a complete and legible set of fingerprints to the 20
Department of Kentucky State Police for submission to the Federal Bureau 21
of Investigation for a national criminal background check after a state 22
criminal background check is conducted; 23
(b) The results of the national and state criminal background check shall be 24
sent to the board for the screening of applicants; 25
(c) The results of a national and state criminal background check shall not be 26
distributed or otherwise released by the board, except that the board: 27
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1. Shall provide any applicant or credential holder the results of his or 1
her national and state criminal background check upon request; and 2
2. May introduce the results under seal as evidence in a legal proceeding 3
that involves a challenge to any disciplinary action t aken by the board 4
based in whole or in part on information contained in the results; and 5
(d) Any fee charged by the Department of Kentucky State Police or for the 6
Federal Bureau of Investigation background check shall be an amount no 7
greater than the actua l cost of processing the request and conducting the 8
background check. 9
(3) The board shall review the criminal background check results for every person 10
described in subsection (1)(c) of this section and determine whether the person is 11
eligible to apply for the compact privilege to practice outside this Commonwealth. 12
(4) The board may require a criminal background check for any person licensed to 13
engage in a profession authorized by the board who is the subject of a complaint 14
alleging prohibited conduct as described in KRS 334A.175. 15
(5) Unless otherwise required by law, the board shall not require a criminal 16
background check solely for the purpose of renewing a license. 17
(6) The board shall promulgate administrative regulations in accordance with KRS 18
Chapter 13A to implement this section. 19
SECTION 4. A NEW SECTION OF KRS 335.010 TO 335.160 IS CREATED 20
TO READ AS FOLLOWS: 21
(1) The board shall require a national and state criminal background investigation 22
for every: 23
(a) Applicant seeking an initial license issued by the board permitting the 24
applicant to engage in a profession authorized by the board; 25
(b) Applicant seeking to reinstate a license; and 26
(c) Person licensed to engage in a profession authorized by the board who 27
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applies f or authorization to engage in the practice of social work outside 1
this Commonwealth in accordance with the social work licensure compact. 2
(2) The criminal background investigation under subsection (1) of this section shall 3
be by means of a fingerprint chec k by the Department of Kentucky State Police 4
and Federal Bureau of Investigation, pursuant to the following requirements: 5
(a) The board shall require each applicant described in subsection (1) of this 6
section to provide a complete and legible set of finger prints to the 7
Department of Kentucky State Police for submission to the Federal Bureau 8
of Investigation for a national criminal background check after a state 9
criminal background check is conducted; 10
(b) The results of the national and state criminal backgr ound check shall be 11
sent to the board for the screening of applicants; 12
(c) The results of a national and state criminal background check shall not be 13
distributed or otherwise released by the board, except that the board: 14
1. Shall provide any applicant or credential holder the results of his or 15
her national and state criminal background check upon request; and 16
2. May introduce the results under seal as evidence in a legal proceeding 17
that involves a challenge to any disciplinary action taken by the board 18
based in whole or in part on information contained in the results; and 19
(d) Any fee charged by the Department of Kentucky Sta te Police or for the 20
Federal Bureau of Investigation background check shall be an amount no 21
greater than the actual cost of processing the request and conducting the 22
background check. 23
(3) The board shall review the criminal background check results for eve ry person 24
described in subsection (1)(c) of this section and determine whether the person is 25
eligible to apply for the compact privilege to practice outside this Commonwealth. 26
(4) The board may require a criminal background check for any person licensed to 27
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engage in a profession authorized by the board who is the subject of a grievance 1
alleging prohibited conduct as described in KRS 335.150. 2
(5) Unless otherwise required by law, the board shall not require a criminal 3
background check solely for the purpose of renewing a license. 4
(6) The board shall promulgate administrative regulations in accordance with this 5
section and KRS Chapter 13A to implement this section. 6
SECTION 5. A NEW SECTION OF KRS 335.500 TO 335.599 IS CREAT ED 7
TO READ AS FOLLOWS: 8
(1) The board shall require a national and state criminal background investigation 9
for every: 10
(a) Applicant seeking an initial license issued by the board permitting the 11
applicant to engage in a profession authorized by the board; 12
(b) Applicant seeking to reinstate a license; and 13
(c) Credential holder licensed to engage in a profession authorized by the board 14
who applies for authorization to engage in the practice of professional 15
counseling outside this Commonwealth in accordance with the counseling 16
compact. 17
(2) The criminal background investigation under subsection (1) of this section shall 18
be by means of a fingerprint check by the Department of Kentucky State Police 19
and Federal Bureau of Investigation pursuant to the following requirements: 20
(a) The board shall require each applicant described in subsection (1) of this 21
section to provide a complete and legible set of fingerprints to the 22
Department of Kentucky State Police for submission to the Federal Bureau 23
of Investigation for a nati onal criminal background check after a state 24
criminal background check is conducted; 25
(b) The results of the national and state criminal background check shall be 26
sent to the board for the screening of applicants; 27
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(c) The results of a national and state cr iminal background check shall not be 1
distributed or otherwise released by the board, except that the board: 2
1. Shall provide any applicant or credential holder the results of his or 3
her national and state criminal background check upon request; and 4
2. May introduce the results under seal as evidence in a legal proceeding 5
that involves a challenge to any disciplinary action taken by the board 6
based in whole or in part on information contained in the results; and 7
(d) Any fee charged by the Department of Kentu cky State Police or for the 8
Federal Bureau of Investigation background check shall be an amount no 9
greater than the actual cost of processing the request and conducting the 10
background check. 11
(3) The board shall review the criminal background check results for every person 12
described in subsection (1)(c) of this section and determine whether the person is 13
eligible to apply for the compact privilege to practice outside this Commonwealth. 14
(4) The board may require a criminal background check for any person lice nsed to 15
engage in a profession authorized by the board who is the subject of a complaint 16
alleging prohibited conduct as described in KRS 335.540. 17
(5) Unless otherwise required by law, the board shall not require a criminal 18
background check solely for the purpose of renewing a license. 19
(6) The board shall promulgate administrative regulations in accordance with KRS 20
Chapter 13A to implement this section. 21