KRS 319A.075: 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) Person licensed to engage in a profession authorized by the board who applies

for authorization to engage in the practice of occupational therapy outside this

Commonwealth in accordance with the occupational therapy licensure

compact.

(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 background 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 check 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 this Commonwealth.

(4) The board may require a criminal background check for any person licensed to

engage in a profession authorized by the board who is the subject of a complaint

alleging unprofessional conduct as described in KRS 319A.190.

(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.