32 §7154. Prohibitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7154. Prohibitions
It shall be unlawful for any person to administer polygraph examinations or to attempt to hold himself out as a polygraph examiner or to refer to himself by any other title which would indicate or which is intended to indicate or calculated to mislead members of the public into believing that he is a polygraph examiner without first securing a license as provided. This prohibition does not apply to any employee of the Federal Government who administers polygraph examinations in the course of his employment or who holds himself out as a polygrapher in connection with his employment. The nonlicensing provisions of this chapter shall apply to that person as if he were subject to licensing requirements. [1979, c. 209, §2 (NEW).]
It is unlawful for a polygraph examiner conducting a polygraph examination to ask any questions pertaining to sexual behavior of any type or questions that could be construed as being sexually oriented, unless the examination is conducted in the course of either a criminal investigation by law enforcement officials or in the course of civil litigation in which sexual behavior is at issue or is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment. This prohibition does not apply to polygraph examinations for applicants for positions in law enforcement agencies. If the polygraph examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment, the results of the examination are not admissible into evidence in a court proceeding. [2001, c. 386, §7 (AMD).]
It shall be unlawful for any polygraph examiner to probe the political or religious beliefs of any individual during any polygraph examination, except when the examination is conducted in the course of a criminal investigation conducted by law enforcement officials and the policial or religious beliefs of the individual may be relevant to that investigation. [1979, c. 541, Pt. B, §42 (AMD).]
It shall be unlawful for any polygraph examiner to subject a person to a polygraph examination without that person's full knowledge and consent. [1979, c. 209, §2 (NEW).]
SECTION HISTORY
1979, c. 209, §2 (NEW). 1979, c. 541, §§B41,B42 (AMD). 2001, c. 386, §7 (AMD).