(a) An applicant is not required to submit to fingerprinting and a criminal background check if:
(1) The individual previously submitted to fingerprinting and a full criminal background check as required by this article;
(2) The prior criminal background check confirmed that the individual did not have a disqualifying offense or the individual received prior approval from the secretary to work for or with the same type of covered provider or covered contractor; and
(3) The Rap Back Program has not identified any criminal activity that constitutes a disqualifying offense.
(b) The secretary shall provide notice of prior clearance for direct access status upon request by a subsequent covered provider or covered contractor.
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