§ 90-143.3. Criminal record checks of applicants for licensure. - North Carolina Statutes

§ 90‑143.3.  Criminalrecord checks of applicants for licensure.

(a)        Any person applyingfor licensure as a chiropractic physician in this State shall provide to theBoard a fingerprint card in a format acceptable to the Board and a form signedby the applicant consenting to a criminal record check and the use of theapplicant's fingerprints and such other identifying information as may berequired by the State or national data banks. The Board shall submit thesedocuments to the Department of Justice, along with a request for a criminalrecord check of the applicant.

(b)        Upon receipt of theBoard's submission, the Department of Justice shall commence the requestedcriminal record check. The Department of Justice shall forward a set of theapplicant's fingerprints to the State Bureau of Investigation for a search ofthe State's criminal records, and the State Bureau of Investigation shallforward a set of the applicant's fingerprints to the Federal Bureau ofInvestigation for a search of national criminal records. The Department ofJustice may charge the licensure applicant a fee for performing the criminalrecord check.

(c)        The Board shallkeep all information obtained from criminal record checks privileged andconfidential, in accordance with applicable State law and federal guidelines,and the information shall not be a public record under Chapter 132 of theGeneral Statutes. If the Board refuses to issue a license based in whole orpart on information obtained from a criminal record check, the Board may disclosethe relevant information to the applicant but shall not provide a copy of therecord check to the applicant.

(d)        When acting in goodfaith and in conformity with this section, the Board, its officers, andemployees shall be immune from civil liability for initially refusing licensurebased on information contained in a criminal record check supplied by theDepartment of Justice, even if the information relied upon is later shown to beerroneous. (2007‑525,s. 1.)