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Marginalia
Code · California · Business and Professions Code

§ 1916

334 words·~2 min read·/ca/business-and-professions-code/1916

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An applicant for licensure under this article shall furnish electronic fingerprint images for submission to state and federal criminal justice agencies, including, but not limited to, the Federal Bureau of Investigation, in order to establish the identity of the applicant and for the other purposes described in this section.
(2)Notwithstanding paragraph (1), an out-of-state applicant or licensee residing out of state for whom an electronic record of the licensee’s fingerprints does not exist shall furnish a hardcopy of the applicant’s or licensee’s fingerprint card if electronic fingerprint images are not available or shared in the applicant’s or licensee’s state of residence.
(b)The dental hygiene board shall submit the fingerprint images or card to the Department of Justice for the purposes of obtaining criminal offender record information regarding state and federal level convictions and arrests, including arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(c)When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate the response to the dental hygiene board.
(d)The Department of Justice shall provide a response to the dental hygiene board pursuant to subdivision
(p)of Section 11105 of the Penal Code.
(e)The dental hygiene board shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code.
(f)The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure pursuant to Division 1.5 (commencing with Section 475) or Section 1943.
(g)The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section.
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