Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 81 - CHIROPRACTORS (§§ 17-81-101 — 17-81-318) › Subchapter 3 - LICENSING (§§ 17-81-301 — 17-81-318) › Section 17-81-318 - Criminal background check

(a)
(1)
Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(2)
A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check.
(b)
The criminal background check shall conform to applicable federal standards that are in effect on January 1, 2017, 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 of Arkansas State Police for the payment of any fee associated with the criminal background check.
(d)
Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant in the commission of any offense listed in subsection (e) of this section.
(e)
Except as provided in subsection (f) of this section, a person shall not receive or hold a license issued by the board if the person has been convicted of or pleaded guilty or nolo contendere to any felony listed under §
17-3-102
or a crime involving fraud, dishonesty, untruthfulness, or untrustworthiness, or is a registered sex offender or required to register as a sex offender.
(f)
(1)
The provisions of subsection (e) of this section may be waived by the board upon the request of:
(A)
An affected applicant for licensure; or
(B)
The person holding a license subject to sanctions.
(2)
Circumstances for which a waiver may be granted shall include without limitation:
(A)
The age at which the crime was committed;
(B)
The circumstances surrounding the crime;
(C)
The length of time since the crime was committed;
(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.
(g)
(1)
Information received by the board from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation under this section shall not be available for examination except by:
(A)
The affected applicant for licensure or his or her authorized representative; or
(B)
The person whose license is subject to revocation or his or her authorized representative.
(2)
A record, file, or document shall not be removed from the custody of the division.
(h)
Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall pertain to that person only.
(i)
Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.
(j)
The board may adopt rules to fully implement this section.
Amended by Act 2019, No. 990,§ 61, eff. 7/24/2019.
Added by Act 2017, No. 397,§ 8, eff. 8/1/2017.