1. (a) To apply for a certificate, an applicant shall:

   1. (1) Submit an application to the Board on the form that the Board requires;
   2. (2) Provide evidence of application for a child protective services background clearance;
   3. (3) Pay to the Board the application fee set by the Board; and
   4. (4) Apply to the Central Repository for a State and national criminal history records check.

2. (b)

   1. (1) As part of the application for a criminal history records check, the applicant shall submit to the Central Repository:

      1. (i) A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
      2. (ii) The fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and
      3. (iii) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
   2. (2) In accordance with §§ 10-201 through 10-229 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Board the applicant's criminal history records information.

   3. (3) Information obtained from the Central Repository under this subsection:

      1. (i) Is confidential;
      2. (ii) May not be redisseminated; and
      3. (iii) May be used only for the certification purpose authorized by this subtitle.
   4. (4) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.
   5. (5) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
3. (c) The results of the child protective services background clearance shall be provided to the Board and the applicant.
4. (d) The Board may, at its discretion, waive the requirement in subsection (a)(2) of this section for an out-of-state applicant who presents evidence to the Board that circumstances outside the applicant's control prevent the applicant from obtaining, from the applicant's state of residence, a background clearance that is equivalent to a child protective services background clearance.

Added by Acts 2004, c. 438, § 2, eff. Oct. 1, 2004. Amended by Acts 2008, c. 218, § 1, eff. Oct. 1, 2008; Acts 2015, c. 331, § 1, eff. Oct. 1, 2015; Acts 2026, c. 370, § 1, eff. June 1, 2026; Acts 2026, c. 371, § 1, eff. June 1, 2026.