FBI NGI Rap Back Service Overview National Council of State Boards of Nursing May 21, 2014

1. FBI NGI Rap Back Service Overview National Council of State Boards of Nursing May 21, 2014

2. Three Terms Used In Non-Criminal Justice Rap Back Discussions • Federal Submitting Agency or Federal Agency: refers to an authorized federal agency who submits fingerprints to NGI for background searches and Rap Back subscriptions. • Submitting Entity or Submitter: refers to the SIB, Federal Submitting Agency, or Authorized Criminal History Record Information (CHRI) Contractor submitting fingerprints and Rap Back transactions for Subscribing Entities. This is the State Identification Bureau (SIB). • Subscribing Entity or Subscriber: refers to those entities authorized under statute, executive order or regulation to receive CHRI and who are subscribing to NGI Identities through the NGI Rap Back Service. These are the State Boards of Nursing in each state.

3. Non-Criminal Justice Rap Back High Level Functions • Non-Criminal Justice Rap Back refers to the following functions: • Search:Submission of fingerprints for civil applicants, volunteers, licensees, etc. to a repository such as a state SIB or the FBI NGI Rap Back Service. • Retain: Retention of fingerprints (as new Identities or matched to existing Identities) in NGI. • Notify: Notification of any future reported events selected as Rap Back Triggering Events, for which authorized.

4. Nursing Graduate is Licensed by BON Board of Nursing NGI SIB BON Subscription Added Civil Civil Confirmation of Subscription BON Subscription Added

5. Nurse Graduates Law School and Licensed by State Bar NGI SIB Board of Nursing State Bar Subscription Added Confirmation of Subscription State Bar Subscription added Civil Civil Civil State Bar Board of Nursing Subscriptionon file Board of Nursing Subscription on file

6. Nurse is Arrested Out of State Out of State SIB NGI Out of State Law Enforcement Criminal Criminal Criminal Positive ID Response/ Biographic Info Only Board of Nursing SIB NGI sends Rap Back Notification Civil Civil RBN for State Bar Subscription State Bar RBN for Board of Nursing Subscription NGI sends Rap Back Notification

7. Non-Criminal Justice Rap Back Quick Facts The State Must Have the Authority to Participate in NGI’s Rap Back Service: • To submit non-criminal justice applicant fingerprints to NGI. • For the fingerprints to be retained by NGI. • For the fingerprints to be searched by future submissions to the NGI system and appropriate responses sent to Submitting and Subscribing Entities. These future searches include latent fingerprint searches.

8. Non-Criminal Justice Rap Back Quick Facts Rap Back does not create any new authority. • Rap Back does not provide access to CJIS data for any entities not currently authorized. • Rap Back does not provide access to additional data for those entities already authorized to receive CJIS data. • Rap Back only provides a more efficient means of access for entities already authorized (or authorized in the future) to receive the appropriate information from CJIS.

9. Non-Criminal Justice Rap Back Quick Facts There are two basic work flows for setting NGI subscriptions. SEARCH and RETAIN followed by SUBSEQUENT SUBSCRIPTION • If Subscriber does want to review the applicant’s FBI record before setting the subscription. SEARCH and SUBSCRIBE • If Subscriber does not want to review the applicant’s FBI record before setting the subscription. Boards of Nursing must agree with their SIBs which flow works best for their populations.

10. Non-Criminal Justice Rap Back Quick Facts Civil Event Fingerprints are required. • Subscribers must submit the fingerprints associated with the civil event (teacher license, volunteer activity, health care job, etc.) for each subscription they want to set.  • Subscribers cannot set a subscription on the basis of a different civil event or different set of fingerprints for that person. • Rap Back does not solve the “multiple fingerprinting for different purposes” problem. • Rap Back does solve the re-printing for license renewal problem. • Rap Back does solve the “snapshot in time” problem associated with one-time background checks.

11. Non-Criminal Justice Rap Back Quick Facts Payment of a subscription fee is required. • Subscribers must pay a fee for each subscription. The fee is determined by the "Subscription Term" you buy for the subscription: • A Subscription Term up to 2 years costs $2.25. • A Subscription Term up to 5 years costs $6.00. • A Subscription Term up to lifetime costs $13.00. • Lifetime does not refer to the individuals lifespan, rather the timeframe for which the individual is in an authorized position of trust. Payment of the Lifetime fee means Subscriber will never pay an NGI Rap Back renewal fee for that subscription, if validated as required. The SIBs must decide with the Boards of Nursing the best fee strategy for their populations.

12. Non-Criminal Justice Rap Back Quick Facts Key Boards of Nursing Responsibilities • Set up within the organization procedures and controls to follow all NGI policies and requirements. Especially: To notify the SIB in a timely manner of all changes to the local records that affect the accuracy of the NGI subscriptions, including: • set, • modify, • extend, • renew, or • delete their subscriptions in a timely manner.

13. Subscriber steps to Readiness:Authority • Boards of Nursing must have statutory or other appropriate authority: • To submit non-criminal justice fingerprints for search and responses to the Submitter and NGI; • For NGI to retain those fingerprints and process and notify the Subscriber on future searches against them, including latent fingerprint searches. • Boards of Nursing can only subscribe to persons who have official relationships to the Board (e.g. are applicants or licensees) as stated under the identified authority.

14. Subscriber steps to Readiness:Notification to Applicants • FBI CJIS has created new privacy notification language that must be incorporated into the applicant processing by the Boards of Nursing or by the SIB in a statewide process.

15. Subscriber steps to Readiness:Privacy Risk Mitigation Strategies • The Board of Nursing must participate with the SIB in the appropriate Privacy Risk Mitigation Strategy for their populations. • Pre-Notification with Mandatory Validation/Expiration within Three Years • Authority for Duration of a License • Statutory Authority for Set Period of Time • One-Year Validation/Expiration • Subscription Synchronization Through Automated or Formalized Procedures • The Board must implement formalized processes, procedures, and controls in alignment with the Rap Back policies to protect the privacy of subscribed individuals.

16. Subscriber steps to Readiness:Subscription Term • Subscribers must understand the relationship between the Subscription Term and the Subscription Validation/Expiration period. • The Rap Back Term Date reflects how long a subscription period has been purchased by the Subscriber through the payment of the fee, as described earlier: • A Subscription Term up to 2 years costs $2.25. • A Subscription Term up to 5 years costs $6.00. • A Subscription Term up to lifetime costs $13.00. • The Expiration Date is the date at which the subscription expires to fulfill the validation requirement, even if time still remains on the Subscription Term. If time does remain, the subscription may be “extended” within the Subscription Term with no additional fee.

17. Subscriber steps to Readiness:Subscription Term • The implementation logic of Subscription Term is as follows: • The Board of Nursing has paid for a certain Subscription Term (2- year; 5-year; or lifetime). They will not be charged again during that Term. • The subscription must be validated at intervals determined by the Privacy Risk Mitigation Strategy chosen by the Board and SIB. • At the mandatory Expiration Date the Board must review the subscription, validate that it can still be in NGI Rap Back. • If it is still valid, “extend” it for a new validation/expiration period that is within the Subscription Term.

18. Subscriber steps to Readiness:Subscription Term • The logic is as follows (cont.): • No fee is charged for the Subscription to be “extended” with a new Expiration Date that is less than or equal to the Subscription Term. • If the new Expiration Date would extend the Subscription past the Rap Back Term Date, the Board must either: • Use a different Expiration Date that is less than the Rap Back Term Date; Or • “Renew” the Subscription for a new Expiration Date and Subscription Term and pay a new subscription fee. • The Rap Back “Renew” transaction causes Rap Back subscription to be renewed for the same Subscription Term as originally purchased and charges the fee for that Subscription Term.

19. Subscriber steps to Readiness:Triggers • NGI will notify the Board anytime a subscribed Identity is arrested. In addition Board may be notified of any of the following events: • Dispositions • Expunge/Partial Expungement • Warrant entry with FBI number included • Warrant Deletion • Warrant Modification • Sex Offender Registry entry • Sex Offender Registry Deletion • Sex Offender Registry Modification • Death Notices SIB and Subscribers must decide which of these triggers are relevant for each population of applicants.

20. Subscriber steps to Readiness:Training and auditing • FBI CJIS will train and audit the SIB as the Submitting Entity. • The SIB must train the Board on the use of NGI’s Rap Back Service. • The SIB must audit the Board at least once every three years. • The Board must refer to the Subscribing Entity Reference Guide to NGI’s Rap Back Service and ask the SIB about any issues they do not understand.

21. Relationship of NGI’s Rap Back to the State Rap Back Service • The SIB must discuss with the Board the relationship between the NGI Service and the in-state Rap Back Service, if one exists, especially in areas such as: • How will responses be consolidated, coordinated, etc. • How will separate state/federal fees be administered, billed, etc. • Other areas where the programs overlap.

22. Contact Information Chasity Anderson chasity.anderson@ic.fbi.gov (304) 625-4192 Chuck Lemley charles.lemley@ic.fbi.gov (304) 625-5924 David Gavin dgavin@msn.com (512)779-6429

23. Contact Information Contact Your State Identification Bureau!