33-17-220. Licensing background examination -- entity registry criteria. (1) (a) Each applicant shall obtain a complete background examination. The applicant or insurer shall pay the cost of the background examination. The background examination report must provide information to confirm:
     (i) the applicant's:
     (A) identity;
     (B) current address;
     (C) professional license certification; and
     (D) military service; and
     (ii) (A) existing or ongoing criminal investigations and court records relating to the applicant; and
     (B) regulatory agencies' disciplinary actions concerning the applicant.
     (b) The background examination is confidential and may not be held as part of the licensee's public file.
     (2) An entity may not conduct licensing background examinations unless the entity maintains a current filing with the commissioner. The filing must:
     (a) contain a description of the criteria, standards, and procedures used in conducting the background examination;
     (b) ensure that the examination will be based on nationally recognized criteria, standards, and procedures; and
     (c) ensure confidentiality of the applicant's information.
     (3) The commissioner may adopt rules to further implement this section, including but not limited to rules on the length of time that a background examination is valid and rules for the electronic filing of fingerprints.

     History: En. Sec. 2, Ch. 427, L. 2003.