1. The Department of Education, may, at no cost to the Department of Education, participate in the Rap Back Program administered in this State by the Central Repository. The Central Repository may retain fingerprints and submit fingerprints to the Federal Bureau of Investigation for the purpose of enabling the Department of Education to receive ongoing status notifications of any criminal history of a person who is licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 if the subscription to the service is active. For the purposes of the Rap Back Program, the Department of Education is hereby deemed to be an authorized entity that engages in the licensing of educational personnel pursuant to NRS 391.033.
2. Any fingerprints forwarded to the Central Repository for the purpose of licensure pursuant to NRS 391.033 must be retained in the state and federal Next Generation Identification Systems for the purpose of participating in the Rap Back Program and being searched by future submissions to the state and federal Next Generation Identification Systems, including, without limitation, latent fingerprint searches.
3. The Central Repository shall establish a means of collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying any records of criminal history in accordance with the provisions of this chapter and the Security Policy and the Administrative Policies of the Nevada Criminal Justice Information System adopted as regulations by the Central Repository.
4. The Department of Education shall:
(a) Before retaining the fingerprints of a person in the state and federal Next Generation Identification Systems for the purpose of participating in the Rap Back Program, obtain the consent of the person to retain the fingerprints and release information concerning his or her criminal history to the Department of Education.
(b) Notify the Central Repository, in a form and manner prescribed by the Central Repository, when a person licensed pursuant to NRS 391.033 is no longer licensed pursuant to that section. Upon receiving such notice, the Central Repository shall:
(1) Destroy any printed and electronic fingerprint cards and facsimiles of fingerprints that the Central Repository has retained for the person as part of the Rap Back Program; and
(2) Notify the Federal Bureau of Investigation that the person is no longer licensed by an authorized entity and request that the Federal Bureau of Investigation destroy any printed and electronic fingerprint cards or facsimiles of fingerprints that the Federal Bureau of Investigation has retained for the person in the Rap Back Program.
5. As used in this section, “Rap Back Program” means a system maintained by the Central Repository and the Federal Bureau of Investigation that enables authorized entities to receive ongoing status notifications of any criminal history reported for persons whose fingerprints are retained in the Next Generation Identification System maintained by Central Repository and the Federal Bureau of Investigation.