KRS 319.045: National and state criminal background investigation requirement.

(1) The board shall require a national and state criminal background investigation for

every:

(a) Applicant seeking an initial license issued by the board permitting the

applicant to engage in a profession authorized by the board;

(b) Applicant seeking to reinstate a license; and

(c) Kentucky credential holder who applies for authorization to engage in the

practice of psychology outside this Commonwealth in accordance with the

IPC.

(2) The criminal background investigation under subsection (1) of this section shall be

by means of a fingerprint check by the Department of Kentucky State Police and

Federal Bureau of Investigation pursuant to the following requirements:

(a) The board shall require each applicant described in subsection (1) of this

section to provide a complete and legible set of fingerprints to the Department

of Kentucky State Police for submission to the Federal Bureau of

Investigation for a national criminal backgro und check after a state criminal

background check is conducted;

(b) The results of the national and state criminal background check shall be sent

to the board for the screening of applicants;

(c) The results of a national and state criminal background chec k shall not be

distributed or otherwise released by the board, except that the board:

1. Shall provide any applicant or credential holder the results of his or her

national and state criminal background check upon request; and

2. May introduce the results under seal as evidence in a legal proceeding

that involves a challenge to any disciplinary action taken by the board

based in whole or in part on information contained in the results; and

(d) Any fee charged by the Department of K entucky State Police or for the

Federal Bureau of Investigation background check shall be an amount no

greater than the actual cost of processing the request and conducting the

background check.

(3) The board shall review the criminal background check resu lts for every person

described in subsection (1)(c) of this section and determine whether the person is

eligible to apply for the compact privilege to practice outside the Commonwealth.

(4) The board may require a criminal background check for any credenti al holder who

is the subject of a grievance alleging misconduct by the credential holder as

described in KRS 319.082.

(5) Unless otherwise required by law, the board shall not require a criminal background

check solely for the purpose of renewing a license.

(6) The board shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement this section.