328-F:18-a Criminal History Record Checks. –
I. The governing boards shall require from applicants for initial licensure or certification, reinstatement of licensure or certification, or conditional licensure or certification a criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the office of professional licensure and certification.
(a) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances.
(b) The office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office of professional licensure and certification.
II. The office of professional licensure and certification shall review the criminal record information prior to the respective governing board making a decision on licensure or certification and shall maintain the confidentiality of all criminal history records received pursuant to this section.
III. The applicant shall bear the cost of all criminal history record checks.
IV. The office of professional licensure and certification shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.
V. Pending the results of a criminal history record check, an applicant for licensure may be employed in a profession of the allied health field on a conditional basis for up to 90 calendar days before the office of professional licensure and certification receives the results of a criminal history record check required for licensure, if the conditional employee:
(a) Is under the direct supervision of a licensee;
(b) Has provided a written attestation to the employer and the office of professional licensure and certification that no disqualifying criminal history exists; and
(c) The governing board is not a member of an interstate licensure compact.