For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Physical Therapy may require the fingerprints of a person who is:
(1) Applying for a license or permit, or renewal of a license or permit, issued under ORS 688.010 to 688.201;
(2) Employed or applying for employment by the board in a position in which the person has or will have access to information that is made confidential under state or federal laws, rules or regulations; or
(3) Under investigation by the board.