§ 7-19-201 — State or national criminal history record information

(a) The following persons shall be required to submit to
fingerprinting in order to obtain state and national criminal
history record information:
(i) Employees of substitute care providers certified
by the department of family services pursuant to W.S. 14-4-101
through 14-4-116;
(ii) State institution, department of family services
or department of health employees who may have access to minors,
to persons suffering mental illness or developmental
disabilities or to the elderly;
(iii) Applicants for initial certification by the
professional teaching standards board and employees initially
hired by a school district on or after July 1, 1996, who may
have access to minors in the course of their employment. In
accordance with W.S. 21-3-111(a) (xxi), employees of a school
district who meet the qualifications of this paragraph shall
also be required to submit to fingerprinting for purposes of
this subsection upon request of, and payment of applicable fees
by, the employing school district;
(iv) All persons applying for licensure to the
Wyoming Board of Examiners for Optometry on or after July 1,
2005;
(v) Department of health or department of family
services contractors providing specialized home care or respite
care to minors;
(vi) Persons applying for a permit or license under
W.S. 11-25-104(f) or if required under W.S. 11-25-104(k);
(vii) Prospective employees or volunteers of a public
fire department, ambulance service, a county providing fire
protection services pursuant to W.S. 18-3-509 or fire protection
district if the department, service, county or district requires
prospective employees or volunteers or both, to submit to
fingerprinting in order to obtain state and national criminal
history record information as a condition for a position with
the department, service, county or district;
(viii) Prospective employees of or volunteers with
the Wyoming military department or active duty or Wyoming
national guard military members if the department requires state
and national criminal history record information as a condition
for employment with the department, for training, deployment or
mobilization decisions or for security clearance matters;
(ix) Persons applying for a dealer or Wyoming based
manufacturer license under W.S. 31-16-103 or a special sales
permit under W.S. 31-16-127;
(x) Department of audit employees or applicants for
employment who have access to confidential financial or
accounting records;
(xi) Persons applying for a permit under W.S.
33-39-109 or a registration under W.S. 33-39-209 or 33-39-211;
(xii) State auditor employees or applicants for
employment who have access to confidential financial or
accounting records;
(xiii) Persons applying for a new license under W.S.
33-28-106;
(xiv) Wyoming retirement system employees or
applicants for employment who have access to confidential
financial information or records;
(xv) All persons applying for licensure or
certification to the Wyoming board of physical therapy on or
after July 1, 2009;
(xvi) Mortgage lenders, mortgage brokers, mortgage
loan originators, money transmitters and persons identified in
W.S. 40-23-107(b)(i), as necessary to perform the background
checks required by W.S. 40-14-604(a)(vii), 40-14-634(p)(i),
40-14-642(c)(i), 40-22-108(e) and (h)(i), 40-23-103(a)(viii) and
40-23-125(c)(i);
(xvii) All persons applying for licensure or
certification to the Wyoming board of medicine on or after July
1, 2009, whose application or other information received by the
board indicates that the applicant has or may have been
convicted of a crime, and any licensee of the board of medicine
upon written request from the board of medicine as part of an
ongoing investigation of or disciplinary action against the
licensee;
(xviii) Employees, prospective employees and
volunteers of the Wyoming department of transportation, as
necessary to perform the background checks required by W.S.
31-7-103(b) and 31-7-114(f)(iv);
(xix) All persons applying for licensure to the
Wyoming board of midwifery whose application or other
information received by the board indicates that the applicant
has or may have been convicted of a crime, and any licensee of
the board of midwifery upon written request from the board of
midwifery as part of an ongoing investigation of or disciplinary
action against the licensee;
(xx) Persons applying for an initial license under
Wyoming statutes title 26, chapter 9;
(xxi) Board members, applicants, vendors and
retailers required to receive a background investigation as
provided in W.S. 9-17-104(c), 9-17-110(e) and 9-17-120(b) and
(c)(i). Fingerprint card submissions under this paragraph shall
be forwarded through the division of criminal investigation and
the division of criminal investigation shall be responsible for
receiving and screening the results of any record check to
determine an applicant's suitability for employment or licensing
under the provisions specified in this paragraph;
(xxii) Persons conducting skills testing under W.S.
31-7-114(f)(iv);
(xxiii) Employees of the state, state agencies,
institutions and political subdivisions of the state, or
applicants for employment with any of those entities, whose job
duties require access to federal tax information, if the head of
the agency, institution or political subdivision, or their
designee, determines that federal law governing access to
federal tax information requires a criminal history record check
of the employee or applicant. The provisions of this paragraph
shall also apply to individuals who are contractors or
subcontractors providing goods or services to any of the
specified entities, if in the performance of the contract the
individual has or will have access to federal tax information
and the contracting governmental entity determines that federal
law requires the criminal history record check;
(xxiv) Department of enterprise technology services
employees or applicants for employment who have access to
confidential information or records, if required by the state
chief information officer as a condition for a position with the
department of enterprise technology services;
(xxv) Health care professionals applying for
licensure under title 33 of the Wyoming statutes, if required as
a condition for licensure pursuant to an interstate compact
entered into by the state of Wyoming;
(xxvi) If requested by the department of health,
persons specified in W.S. 40-28-103(d) as part of a medical
digital innovation sandbox application;
(xxvii) Persons specified in W.S. 40-29-104(d) as
part of a financial technology sandbox application;
(xxviii) State treasurer's office employees, interns
or applicants for employment who have access to confidential
financial, accounting or investment information or records.
(xxix) Persons applying for licensure on or after
July 1, 2020 as speech-language pathologists, audiologists or
speech-language pathology assistants under Wyoming statutes
title 33, chapter 33;
(xxx) All persons applying for licensure or
certification to the mental health professions licensing board
under title 33, chapter 38 of the Wyoming statutes;
(xxxi) All persons applying for licensure to the
board of nursing home administrators under title 33, chapter 22
of the Wyoming statutes.
(xxxii) All persons applying for licensure or
certification to the board of psychology under title 33, chapter
27 of the Wyoming statutes.
(xxxiii) All currently licensed occupational
therapists and occupational therapist assistants applying for a
compact privilege under the Occupational Therapy Licensure
Compact as provided in W.S. 33-40-201 through 33-40-216;
(xxxiv) Governor's office employees, interns or
applicants for employment who have access to confidential
information or records, if required by the governor as a
condition for employment or an internship in the governor's
office;
(xxxv) Persons applying to be a subject matter expert
of the Wyoming stable token commission or the director of the
Wyoming stable token commission as required by W.S. 40-31-
103(b)(iv) or 40-31-105(c)(vii);
(xxxvi) All persons applying for initial licensure to
the board of chiropractic examiners under title 33, chapter 10
of the Wyoming statutes, and any licensee of the board of
chiropractic examiners upon written request from the board as
part of an ongoing investigation of or disciplinary action
against the licensee.
(b) Fingerprints taken pursuant to this article shall be
submitted to the Wyoming division of criminal investigation for
processing and obtaining state and national criminal history
record information and shall be accompanied by the fee required
by W.S. 7-19-108. Upon payment of required fees, the division
shall process and obtain state and national criminal history
record information for the Wyoming state board of nursing and
the board of pharmacy or for an applicant for licensure or
certification by either board.
(c) Pursuant to federal P.L. 92-544, the division may
submit any applicant fingerprint cards received pursuant to this
article to the federal bureau of investigation for the purpose
of obtaining national criminal history record information.
(d) The department of administration and information shall
promulgate rules and regulations necessary to carry out this
section.
(e) The Wyoming military department, any public fire
department, ambulance service or regional emergency response
team may as a condition of employment or other participation
with the entity require all applicants for employee or volunteer
positions with the entity to submit to fingerprinting in order
to obtain state and national criminal history record
information. In addition, the office of homeland security may
as a condition of participation in a regional emergency response
team require all team participants to submit to fingerprinting
in order to obtain state and national criminal history record
information.