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NORTH CAROLINA STATUTES AND CODES

§ 90-270.22. Criminal history record checks of applicants for licensure and licensees.

§ 90‑270.22.  Criminalhistory record checks of applicants for licensure and licensees.

(a)        The Board mayrequest that an applicant for licensure or reinstatement of a license or that alicensed psychologist or psychological associate currently under investigationby the Board for allegedly violating this Article consent to a criminal historyrecord check. Refusal to consent to a criminal history record check mayconstitute grounds for the Board to deny licensure or reinstatement of alicense to an applicant or take disciplinary action against a licensee,including revocation of a license. The Board shall be responsible for providingto the North Carolina Department of Justice the fingerprints of the applicantor licensee to be checked, a form signed by the applicant or licenseeconsenting to the criminal record check and the use of fingerprints and otheridentifying information required by the State or National Repositories, and anyadditional information required by the Department of Justice. The Board shallkeep all information obtained pursuant to this section confidential.

The Board shall collect anyfees required by the Department of Justice and shall remit the fees to theDepartment of Justice for the cost of conducting the criminal history recordcheck.

(b)        Limited Immunity. –The Board, its officers and employees, acting reasonably and in compliance withthis section, shall be immune from civil liability for denying licensure orreinstatement of a license to an applicant or the revocation of a license orother discipline of a licensee based on information provided in the applicant'sor licensee's criminal history record check. (2006‑175, s. 2.)

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