(a) When used in this article, the following words and terms shall have the following meanings:
(1) CRIMINAL HISTORY BACKGROUND INFORMATION. Any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest record information, fingerprint cards, correctional induction and release information, identifiable descriptions, and notations of arrests, detention, indictments, or other formal charges. The term shall not include analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.
(2) DIRECT CARE PROVIDER. A psychiatrist, medical doctor, psychologist, social worker, community service specialist, therapist, nurse, mental health worker, foster care provider, police officer, and any other employee or person who has direct contact with the clients and patients served by the Alabama Department of Mental Health pursuant to a contract with the department.
(b) Pursuant to Public Law 92-544 (86 Stat. 1115) and with the approval of the Attorney General of the United States, the Alabama Department of Mental Health may use the Alabama State Law Enforcement Agency to secure criminal history background information through the Federal Bureau of Investigation (FBI) on persons with whom the Department of Mental Health employs or contracts with, or both, to be direct care providers to clients and patients. The information shall be provided by the Alabama State Law Enforcement Agency to the Department of Mental Health pursuant to Section 32-2-61. Any request by the Department of Mental Health for the information on a direct care provider applicant shall include a complete set of fingerprints for each applicant and shall comply with the applicable administrative rules and procedures of the Alabama State Law Enforcement Agency.
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