Regulations for Polygraph Examiners


Justice and Public Safety Cabinet
Dept of State Police
(Amendment)
502 KAR 20:020. Examiners.
Relates To: KRS 329.030
Statutory Authority: KRS 15A.160, 329.030
Necessity, Function, & Conformity: KRS 15A.160 and 329.030(6) provide that the Secretary of the Justice and Public Safety Cabinet may establish such rules and administrative regulations for detection of deception examiners during their period of licensure to insure the examiner maintains adequate professional standards. This administrative regulation establishes the requirements for detection of deception examiners.


Section 1. Advertising, soliciting and discrimination are prohibited as follows:

  1. An examiner shall not advertise in any manner which would tend to deceive or defraud the public.
  2. An examiner shall not publish directly or indirectly or circulate any fraudulent, false, or misleading statements as to the skill or method of practice of any person or examiner.
  3. An examiner shall not claim superiority over other examiners as to his skill or method of practice.
  4. An examiner shall not divide fees, or agree to split or divide the fees received for detection of deception services with any person for bringing or referring a client.
  5. An examiner shall not attempt to solicit business as a result of information or statements obtained from an examinee relating to his past employment or employer.
  6. An examiner shall not refuse to render detection of deception services to or for any person solely on account of the race, color, creed, sex, or national origin of such person.

Section 2.

  1. The examiner shall inform the prospective examinee that taking the detection of deception examination is a voluntary act and the examiner must obtain the written consent of the examinee to undergo such examination.
  2. The examiner shall not conduct an examination on any person whom he believes, through observation or any other credible evidence, to be physically or psychologically unfit for such an examination at that time.
  3. The examiner shall, immediately upon request of the examinee, terminate an examination in progress.
  4. The examiner shall not render a verbal or written opinion based on chart analysis, until the examinee has had a reasonable opportunity to explain any reactions to pertinent questions.
  5. The examiner shall not interrogate or conduct an examination of an examinee's sexual behavior, or ask any questions that can be construed as being sexually oriented or personally embarrassing to the examinee, regardless of marital status, unless the topic is a specific issue or unless it refers to the basic matter pertinent to the examination.
  6. The examiner shall not conduct an examination when he has reason to believe the examination is intended to circumvent or defy the law.
  7. The examiner shall not knowingly issue, or permit an employee to issue, a polygraph examination report which is misleading, biased or falsified in any way. Each report shall be a factual, impartial and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based on analysis of the polygraph charts.
  8. The examiner shall not conduct a polygraph examination without first reviewing the issues to be covered during the examination and the general content of the questions to be asked during the examination with the examinee.
  9. The examiner shall not render a conclusive verbal or written decision, based on chart analysis, as to the truthfulness or deception of the examinee without having administered three (3) or more polygraph charts using the same relevant test questions. If after the examinee has submitted to one (1) chart he refuses to submit to additional charts the results must be recorded as no opinion. The fact of the examinee's refusal shall be noted in the verbal and/or written report of the examination. This shall not preclude the examiner from terminating an examination in progress at his own discretion when, in his opinion, the examinee has become physically or psychologically unfit, or has become uncooperative to the point that it would be useless to continue the examination.
  10. All questions and answers asked during a polygraph examination shall be marked on the polygraph charts at the appropriate place on the chart where the question was asked and the answer given. If a question sheet with numbered questions is used, the number of the asked question along with the answer given shall be noted and the question sheet shall be attached to the polygraph chart and made a part of the examinee's file. Each polygraph chart should be identified as to the person being examined, the examiner, time and date of the examination and the chart number.
  11. The examiner shall not, unless professionally qualified to do so, include in any written report any statement purporting to be a medical, legal, or psychiatric opinion or which would infringe upon areas under the cognizance of professionals in those fields. This shall not preclude the examiner from describing the appearance or behavior of the examinee, if this is pertinent to the examination, as long as the examiner refrains from offering any diagnosis which he is professionally unqualified to make.
  12. The examiner shall not offer testimony concerning the charts or conclusions presented by another examiner unless he is thoroughly familiar with the techniques and procedures used by the other examiner. This shall not prohibit an examiner from testifying concerning his independent examination of the same examinee.
  13. It shall be the duty of every examiner to report to the cabinet any action or misconduct on the part of another examiner which would be in violation of the provisions of KRS Chapter 329 or the administrative regulations promulgated thereof.

Section 3. Examinations of victims of sex crimes.

The victim of a sex crime has the right to refuse examination and shall be informed of this right. The victim’s consent to the examination shall be in writing and received before the examination begins.

Examinations will not be conducted of victims of sex crimes, as defined in KRS 17.500, to verify a crime has occurred.

Examinations of a sex crime victim shall not be conducted unless:

  1. The suspect has declined examination, has passed an examination or has been found unsuitable for an examination; and
  2. There is a testable dichotomy for polygraph testing; and
  3. Before the examination, the investigating officer has provided the examiner with a signed, written document listing investigative strategies which have been used in the case, and declaring that the victim has not been told that the investigation would cease if the victim refuses to consent to an examination. This signed, written document shall contain no reference to whether the victim is or is not behaving like a typical sexual assault victim, as scientific evidence has shown that behaviors of individual sexual assault victims vary widely and therefore cannot be described as typical.

Under no circumstances will the victim of a sex crime and the suspect be tested in or be present in the same facility at the same time.

The victim will be advised that at the victim’s request, a victim advocate will be allowed to watch the examination from a two way mirror or by closed circuit television in real time. The examiner and the victim will be the only two individuals inside the examination room during the entire examination process.

At the beginning of the examination, the examiner will advise the victim that the examination is a stressful experience and that if the victim feels uncomfortable at any time with the polygraph process, it will be terminated immediately.

Under no circumstances will the victim be interrogated. A post-examination debriefing will be conducted to give the victim the opportunity to explain any unresolved responses on the examination. The victim will be advised that upon the victim's request, a victim advocate will be allowed to watch the debriefing session from a two-way mirror or closed circuit television.

The testing format utilized must be a researched comparison/control question format (CQT). The relevant questions will be answered with a "yes" answer.

A Irrelevant/Relevant Question Format will not be utilized on any victim of sexual assault.

Past sexual history of the victim will not be explored by the examiner.

No Sex Related Comparison/Control Questions will be asked of the victim.

At the end of the examination, the examiner will advise the victim of the results.

Quality Control of the examination must be conducted in writing and maintained with the polygraph file at least until after adjudication of the case.

The entire examination must be videotaped with adequate picture and sound from the time the victim walks into the testing room until the victim leaves the testing room for the last time. There will be no break in the videotaping of the process. The videotape will be maintained as evidence until at least the investigation is adjudicated.


Section 4.

  1. The examiner shall maintain on file for at least two (2) years all records, papers, polygraph charts, consent to examination forms, notes, question lists or sheets and reports of examinations conducted by him.
  2. An examiner who leaves the employment of another examiner, agency, firm, or company shall be allowed access, after showing reasonable cause, to the files of examinations conducted by him during the two (2) year period prior to the date of his request. However, without the approval of the employing examiner, agency, firm or company, the examiner may not remove any of the material contained in the file or make notes of any of the information contained therein.
  3. The cabinet shall, at any time there is just cause, inspect the records, reports, polygraph charts and all paperwork connected with the examination to determine if an examiner is conducting examinations in accordance with the provisions of KRS Chapter 329 and administrative regulations promulgated by the cabinet.

Section 5. Continuing Education Requirements.

  1. Each examiner shall provide proof of completion of at least twenty (20) hours of instruction in subject matter relating directly to the polygraph profession during the licensing year. Acceptable polygraph training for purposes of this requirement shall be:
    1. Polygraph seminars, courses, or other training sponsored by any national polygraph association, state polygraph association, or American Polygraph Association accredited polygraph school;
    2. Any training in polygraphy sponsored by a law enforcement training academy approved by the Secretary or his designee provided that the instructor is certified by the Kentucky Law Enforcement Council;
    3. Training received during the course of internship stipulated in 502 KAR 20:030 and approved by the Secretary of Justice in writing; or
    4. Any training directly relating to polygraph subject material which has been preapproved by the Secretary of Justice or his designee in writing.

At the time each examiner submits a request to renew his license for the following year, a copy of the diploma, certificate, or other documentation confirming instruction and attendance shall be submitted.