Federal & State Regulations | Employee Polygraph Protection Act (EPPA) - Kentucky

State Info

Summary of differences between federal and state regulations

Polygraph protection

Persons applying for employment as law enforcement officers may be required to take a polygraph examination before they may be certified, and the results of the applicant’s polygraph are not subject to disclosure under the state’s Open Records Act.

Polygraph examiners

Polygraph examiners need to be licensed by the Kentucky Department of Labor. The qualifications for obtaining a license include that the person must be a U.S. citizen, at least 18 years old, have one year experience, have completed a course of formal training accepted by the department, have never been convicted of a felony or misdemeanor involving moral turpitude, have an honorable discharge (if served in the armed services), and provide fingerprints to the Department. Applicants may be required to pass an examination administered by the Department.

Only those instruments that record permanently and simultaneously cardiovascular and respiratory response patterns can be used. Instruments can additionally record other physiological changes.