(1) As used in this section, “position of public trust” means a position that: Is in a public agency that provides public safety services, including without limitation a fire department, law enforcement agency, or emergency medical services agency; and
(2) As part of the ordinary course of the duties of the position, requires a person holding the position to have direct physical contact with or come within the immediate vicinity of a member of the public outside of the building in which the public agency is located.
(3) A sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 2, Level 3, or Level 4 offender may not hold a position of public trust.