1. (a) Under federal P.L.92-544 (86 Stat. 1115), the department may use an individual's fingerprints submitted by the individual for the following purposes:

   1. (1) Determining the individual's suitability for employment with the state, or as an employee of a contractor of the state, in a position:

      1. (A) that has a job description that includes contact with, care of, or supervision over a person less than eighteen (18) years of age;
      2. (B) that has a job description that includes contact with, care of, or supervision over an endangered adult (as defined in IC 12-10-3-2 ), except the individual is not required to meet the standard for harmed or threatened with harm set forth in IC 12-10-3-2 (a)(3);
      3. (C) at a state institution managed by the office of the secretary of family and social services or state department of health;
      4. (D) at the Indiana School for the Deaf established by IC 20-22-2-1 ;
      5. (E) at the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1 ;
      6. (F) at a juvenile detention facility;
      7. (G) with the Indiana gaming commission under IC 4-33-3-16 ;
      8. (H) with the department of financial institutions under IC 28-11-2-3 ; or
      9. (I) that has a job description that includes access to or supervision over state financial or personnel data, including state warrants, banking codes, or payroll information pertaining to state employees.
   2. (2) Identification in a request related to an application for a teacher's license submitted to the department of education established by IC 20-19-3-1 .
   3. (3) Use by the gaming commission established under IC 4-33-3-1 for licensure of a promoter (as defined in IC 4-33-22-6 ) under IC 4-33-22 .
   4. (4) Use by the Indiana board of pharmacy in determining the individual's suitability for a position or employment with a wholesale drug distributor, as specified in IC 25-26-14-16 (b), IC 25-26-14-16.5 (b), IC 25-26-14-17.8 (c), and IC 25-26-14-20 .

   5. (5) Identification in a request related to an individual applying for or renewing a license or certificate described in IC 25-1-1.1-4 and a conviction described in IC 25-1-1.1-2 or IC 25-1-1.1-3 .

      An applicant shall submit the fingerprints in an appropriate format or on forms provided for the employment, license, or certificate application. The department shall charge each applicant the fee established under section 28 of this chapter and by federal authorities to defray the costs associated with a search for and classification of the applicant's fingerprints. The department may forward fingerprints submitted by an applicant to the Federal Bureau of Investigation or any other agency for processing. The state personnel department, the Indiana professional licensing agency, or the agency to which the applicant is applying for employment or a license may receive the results of all fingerprint investigations.

2. (b) An applicant who is an employee of the state may not be charged under subsection (a).
3. (c) Subsection (a)(1) does not apply to an employee of a contractor of the state if the contract involves the construction or repair of a capital project or other public works project of the state.

4. (d) The department:

   1. (1) may permanently retain an applicant's fingerprints submitted under this section; and
   2. (2) shall retain the applicant's fingerprints separately from fingerprints collected under section 24 of this chapter.

As added by P.L.261-2003, SEC.13. Amended by P.L.1-2005, SEC.119; P.L.120-2005, SEC.1; P.L.212-2005, SEC.1; P.L.218-2005, SEC.4; P.L.246-2005, SEC.90; P.L.1-2006, SEC.173; P.L.160-2009, SEC.2; P.L.113-2010, SEC.71; P.L.155-2011, SEC.2.