(a) An applicant is not required to submit to fingerprinting and a criminal background check if:

1. (1) The individual previously submitted to fingerprinting and a full criminal background check as required by this article;
2. (2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior approval from the director to work for or with the same type of covered provider or covered contractor; and
3. (3) The Rap Back Program has not identified any criminal activity that constitutes a disqualifying offense.