1. For purposes of this section:
- a. “Covered individual” means an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities served by a qualified entity and who is employed by, volunteers with, or seeks to volunteer with a qualified entity; or owns or operates or seeks to own or operate, a qualified entity.
- b. “Department” means the department of public safety.
- c. “Qualified entity” means a business or organization, whether public, private, for-profit, nonprofit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
- 2. A qualified entity may request a national criminal history record check by the federal bureau of investigation on covered individuals through the department of public safety.
- 3. The qualified entity shall submit fingerprints and other identifying information to the division of criminal investigation of the department on a form and in a manner as prescribed by the department. The department shall submit the information through the state criminal history repository to the federal bureau of investigation.
- 4. The department may use authority conferred under the National Child Protection Act, as codified in 34 U.S.C. §40104, in conducting national criminal history record checks on covered individuals.
- 5. The department may require a qualified entity to pay a fee associated with a national criminal history record check. The fee shall not exceed the actual cost of the national criminal history record check.
- 6. The results of national criminal history record checks are a confidential record under section 22.7.
- 7. The department shall adopt rules as necessary for the administration of this section pursuant to chapter 17A.
2019 Acts, ch 60, §1; 2019 Acts, ch 89, §20