A. Each employee of the department who has contact with children or who is employed in an information technology position shall have a valid fingerprint clearance card issued pursuant to Section 41-1758.07 or provide to the department documentation of the person‘s application for a fingerprint clearance card. The employee shall certify on forms that are provided by the department and that are notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the criminal offenses listed in Section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. The department may not disclose information obtained pursuant to this section except to members of the department’s staff solely for employment purposes.

C. An employee of a contractor or subcontractor who is employed in an information technology position and who will have access to department information as part of the employee’s job duties must meet the requirements of subsection A of this section. An employee of a contractor or subcontractor in an information technology position may not have access to department information until the employee meets the requirements of subsection A of this section. If such an employee fails to obtain a fingerprint clearance card, the employee shall immediately be denied access to any department information technology system. The contractor or subcontractor is responsible for the costs of obtaining the employee’s fingerprint clearance card and may charge these costs to the fingerprinted employee. The department may allow all or part of the costs to obtain a fingerprint clearance card to be included as an allowable cost in a contract.