Arkansas Code
Subchapter 3 - Licensed Pharmacists
§ 17-92-317. Criminal background check

(a)
(1) Each applicant for a new intern or pharmacist license or a new or reinstated registration as a pharmacy technician issued by the Arkansas State Board of Pharmacy shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation.
(2) However, the board may authorize the criminal background check obtained for a license or registration to be used for a subsequent application for another new license or registration issued by the board for a designated time period after the date of the original license or registration.

(b) The criminal background check shall conform to the applicable federal standards as in effect on January 1, 2003, and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the board and shall be responsible to the division for the payment of any fee associated with the criminal background check.
(d) Upon completion of the criminal background check, the bureau shall forward to the board all information obtained concerning the commission by the applicant of any offense listed in subsection (e) of this section.
(e) Notwithstanding the provisions of § 17-1-103, a person is not eligible to receive or hold an intern or pharmacist license or pharmacy technician registration issued by the board if that person has pleaded guilty or nolo contendere to, or has been found guilty of, any of the following offenses, regardless of whether an adjudication of guilt or sentencing or imposition of sentence is withheld, by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court:
(1) Any felony listed under § 17-3-102;
(2) Any act involving gross immorality, dishonesty, or which is related to the qualifications, functions, and duties of a person holding the license or registration; or
(3) Any violation of Arkansas pharmacy or drug law or rules, including, but not limited to, this chapter, the Uniform Controlled Substances Act, § 5-64-101 et seq., and the Food, Drug, and Cosmetic Act, § 20-56-201 et seq.

(f)
(1)
(A) The board may issue a nonrenewable provisional license or registration pending the results of the criminal background check.
(B) The nonrenewable provisional license or registration shall be valid for no more than six (6) months.

(2) Upon receipt of information from the bureau that the person holding the nonrenewable provisional license or registration has pleaded guilty or nolo contendere to, or has been found guilty of, any offense under subsection (e) of this section, the board shall immediately revoke the nonrenewable provisional license or registration.

(g)
(1) The provisions of subsection (e) of this section and subdivision (f)(2) of this section may be waived by the board upon the request of:
(A) An affected applicant for licensure or registration; or
(B) The person holding a license or registration subject to revocation.

(2) Circumstances for which a waiver may be granted shall include, but not be limited to:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare.

(h)
(1) Any information received by the board from the bureau under this section shall not be available for examination except by:
(A) The affected applicant or the applicant's authorized representative; or
(B) The person whose license or registration is subject to revocation or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the division.

(i) Only information pertaining to the person making the request may be made available to the affected applicant or the person whose license or registration is subject to revocation.
(j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the criminal background check.
(k) The board shall adopt the necessary rules to fully implement the provisions of this section.