Current through Register Vol. 49, No. 9, September, 2024
11-00-0001
-DEFINITIONS
(a) "Board" means the Arkansas State Board of
Pharmacy;
(b) "Criminal background
check" means both a state criminal records check conducted by the Arkansas
State Police ('state background check") and a nationwide criminal records check
conducted by the Federal Bureau of Investigation ("federal background check"),
including the taking of fingerprints;
(c) "Provisional license or registration"
means a non-renewable, provisional license or registration that shall expire
when the results of the nationwide criminal background check are received by
the Board or 180 days after issue, whichever comes first.
(11/15/2003, Revised 7/10/2009)
11-00-0002
-BACKGROUND CHECK
REQUIRED
(a) The Board shall not issue
an initial license/registration, or reinstate a license/registration until the
state and federal criminal background checks have been completed.
(b) The Board may issue a provisional license
or registration to applicants for a new pharmacist or intern license, or for a
new or reinstated pharmacy technician registration as provided in this Rule.
(11/15/2003, Revised 7/10/2009 and 8/1/2020)
11-00-0003
-APPLICATION
PROCEDURE
(a)
(1) Effective March 1, 2004, prior to or
contemporaneously with filing an application form for the applicable license or
registration, each applicant for a new intern or pharmacist license, or a new
or reinstated registration as a pharmacy technician, shall apply for state and
national criminal background checks, using forms furnished by and pursuant to
instructions provided by the Board.
(2)
(A)
Before performing any practice of pharmacy while physically present within the
State of Arkansas, a pharmacist shall:
(i)
apply for state and federal criminal background checks described herein;
and
(ii) obtain documentation from
the Board of its approval of the pharmacist's practice of pharmacy while
physically present in Arkansas.
(b) Each applicant shall authorize the
release of criminal background check reports to the Board and shall pay any
applicable fees associated with the state and federal criminal background
checks, pursuant to written instructions provided by the Board.
(c) The state and federal criminal background
checks may be used for an initial license/registration issued by the Arkansas
State Board of Pharmacy for twelve (12) months after each check is completed.
(11/15/2003, Revised 7/10/2009, 7/22/2015, and 8/1/2020)
11-00-0004
-ELIGIBILITY FOR LICENSE/REGISTRATION
(a) 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 regulations, 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.
(b)
(1) If an applicant who has such a conviction
wishes to request a waiver of the conviction from the Board, he or she must
submit a request for waiver form, along with the following documentation:
(A) Copies of court documents pertinent to
each conviction, including complete copy of the court file, certified by the
court clerk;
(B) Documents from
probation/parole officers, court clerk or other officials proving that any
probation, parole, restitution, rehabilitation, community service or other
court-ordered sentence has been successfully completed or, if still ongoing,
with information regarding the history of compliance and current
status;
(C) A notarized statement
by the applicant explaining the circumstances of each conviction and explaining
why he or she should be granted a waiver;
(D) An applicant may submit any additional
evidence of rehabilitation, including
(i)
Letters of reference from past and/or current employers.
(ii) Letters of reference from pharmacy
instructors concerning attendance, participation and performance in pharmacy
programs.
(iii) Letters from
treatment/recovery program attesting to current sobriety and length of time of
sobriety, if appropriate.
(iv)
Letters of reference from other knowledgeable professionals, such as probation
or parole officers.
(v) Fitness to
practice release letter from appropriate health care professional.
(vi) Any other pertinent information may be
considered.
(c) The application and request for waiver
shall not be considered until the application, all fees, all the documentation
identified in paragraph (b) of this section, and both federal and state
criminal background check reports are received by the Board.
(d) The Board's Informal Review Committee or
its designee shall determine whether the applicant is rehabilitated, the
conviction has served the intended disciplinary purpose and the applicant can
practice or work in the capacity that is the subject of the application without
undue risk to the public health, safety or welfare because of the subject
conviction. The Committee or its designee, shall consider all relevant data,
including without limitation:
(1) The age at
which the offense was committed;
(2) The circumstances surrounding the
offense;
(3) The length of time
since the offense was committed;
(4) Subsequent work history;
(5) Employment references;
(6) Character references, and
(7) Other evidence demonstrating that the
applicant does not pose a threat to the public health, safety or
welfare.
(e) Each
applicant with a disqualifying conviction who requests a waiver may appear
before the Informal Review Committee or its designee or may choose to allow the
Committee to make a determination on the request upon the file documentation
obtained by the Board and that submitted by the applicant.
(f) No application with a disqualifying
conviction will be processed until all required documentation has been received
and the applicant's request has been submitted to the Informal Review Committee
or its designee. (11/15/2003, Revised 03/01/2004, 7/10/2009, and 8/1/2020)
11-00-0005
-BOARD
WAIVER OF CONVICTION
(a) In the event
that the Informal Review Committee or its designee determines not to waive a
conviction, an applicant can request a full Board hearing on the request for a
waiver of the conviction.
(b) The
applicant's written request for a full Board hearing on the waiver must be
received by the Board office no later than thirty (30) days after the Informal
Review Committee's denial of the initial waiver request. The applicant will be
scheduled to appear before the Board as soon as is practicable. The applicant
may, if desired, submit additional documentation described in Rule
11-00-0004(b), for the Board's consideration.
(c) The Board shall consider the matters as
identified in section 11-00-0004 above in determining whether to waive a
conviction. (11/15/2003, Revised 7/10/2009 and 8/1/2020)
11-00-0006
-PROVISIONAL LICENSE AND
REGISTRATION
(a)
(1) The Board may issue a provisional license
or registration, limited to six months duration only to applicants who:
(A) certify on their Arkansas State Board of
Pharmacy application that they have no criminal conviction; and
(B) meet all other qualifications for
licensure or registration established by the Arkansas State Board of Pharmacy,
and;
(C)
i. certify that they have submitted an
Arkansas State Police and FBI Criminal Background Check form and associated
fees pursuant to written instructions provided by the Board.
ii. Or, at the Board's discretion, when state
criminal background check reports are available within a reasonable time after
application, and the Board has received a state criminal background check
report on the applicant acceptable to the Board and pursuant to this rule, and
the applicant certifies that he/she has submitted an Arkansas State Police and
FBI Criminal Background Check form and associated fees for the FBI check
pursuant to written instructions provided by the Board.
(2) The provisional
license or registration shall permit the subject thereof to temporarily
perform, pending the Board's receipt of the criminal background check
report(s), the activities authorized by the license, permit or registration
that is the subject of the application.
(3) An applicant who discloses any conviction
identified in Section 11-00-0004 on the application form shall not be eligible
to receive a provisional license or registration and will be considered for the
applicable license or registration upon the Board's receipt of the criminal
background check reports.
(b)
(1)
Upon receipt of both the federal and state criminal background check reports
containing no conviction of any offense identified in Section 11-00-0004, and
upon the applicant meeting all other qualifications for the subject
license/registration, the Board shall issue the appropriate
license/registration to the applicant.
(2)
(A)
Upon receipt of either criminal background check report that contains a
conviction of an offense identified in Section 11-00-0004, the Executive
Director shall cause to be served upon the applicant notice of the reported
conviction, the applicant's failure to disclose the conviction in the
application, any other relevant facts or law, and the immediate revocation of
the provisional license/registration pursuant to A.C.A. §
17-92-317, and the opportunity for
a hearing.
(B) In order to obtain a
hearing on the subject issues, an applicant shall serve a written request for a
hearing upon the Executive Director within ten (10) days of service upon the
applicant of the notice described in the preceding paragraph. The hearing shall
be conducted in accordance with the Administrative Procedures Act.
(c) Failure of
an applicant to disclose any conviction of an offense identified in Rule
11-00-0004 shall constitute grounds for the suspension, revocation, or denial
of a license or registration.
(d)
Fees and applications.
(1) The
license/registration fee shall be submitted with the application.
(2) The fee is not refundable.
(11/15/2003, Revised 03/01/2004, 7/10/2009, and
8/1/2020)
11-00-0007
-APPLICANT
CONFIDENTIALITY
(a) All reports
obtained under these rules are confidential and are restricted to the exclusive
use of the Board. The information contained in reports shall not be released or
otherwise disclosed to any other person or agency except by court order and are
specifically exempt from disclosure under the Arkansas Freedom of Information
Act (A.C.A.
25-19-101, et seq.)
(b) Criminal conviction reports may be
reviewed by or provided to the subject, the subject's attorney or other
designee at the request of the subject as follows:
(1) To the subject, in person, upon his
producing positive verification acceptable to the Board of his/her identity, or
by mail upon receipt of an acknowledged authorization in a form acceptable to
the Board; the Board will mail a copy of the report by certified mail, return
receipt requested, delivery restricted to the subject or his authorized agent
at the address stated in the request.
(2) To the subject's attorney or other
designated individual, in person, upon presentation of an acknowledged
authorization by the subject and presentation of positive verification of the
attorney's or designated individual's identity, both of which are acceptable to
the Board. (11/15/2003)
11-00-0008
-CHALLENGES TO THE ACCURACY
OF THE REPORT
(a) The Board shall make
determinations based on the information obtained from the Bureau and shall not
be responsible for allegations regarding the disposition, expungement or
accuracy of the information.
(b) A
person may challenge the completeness or accuracy of a report of criminal
conviction information issued by the State Police Identification Bureau or the
Federal Bureau of Investigation as provided in A.C.A. §
12-12-1013, as amended.
(c) Upon receipt of a corrected criminal
conviction report, the Board shall conduct a new evaluation of the report and
the applicant's qualifications for the applicable license or registration.
(11/15/2003 Amended 8/1/2020)
11-00-0009
-Pre-Licensure Criminal
Background Check
(a) An individual may
petition for a pre-licensure determination of whether the individual's criminal
record will disqualify the individual from licensure and whether a waiver may
be obtained.
(b) The individual
must obtain the pre-licensure criminal background check petition form from the
Board.
(c) The Board will respond
with a decision in writing to a completed petition within a reasonable
time.
(d) The Board's response will
state the reason(s) for the decision.
(e) All decisions of the Board in response to
the petition will be determined by the information provided by the
individual.
(f) Any decision made
by the Board in response to a pre-licensure criminal background check petition
is not subject to appeal.
The Board will retain a copy of the petition and response and
it will be reviewed during the formal application process.
(Adopted 8/1/2020)