(a) No person
shall be eligible to receive or hold an intern or pharmacist license or a
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 (collectively "conviction"):
(1) Any felony;
(2) Any of the following:
Title |
Ark. Code Number |
Theft |
5-36-103(b)(5), 104(c)(3) & (4), 105(b)(2) & (3),
106(e)(3), & 202 |
Forgery and Fraudulent Practices |
5-37-101-525 |
Fraud Against Government |
5-55-101-401 |
Fraudulent Issuance of Warrants |
6-20-407 |
Employer, Employee liens |
18-42-106 |
Obtaining Information by Fraudulent Representation |
20-13-705 |
Insurance Holding Companies |
23-63-522 |
False Reports, Motor Fuel Taxes |
26-56-107 |
Fraudulent Applications |
27-14-303 |
Uniform Controlled Substances Act |
5-64-101 - 1303 |
Pharmacy Licensing Law |
17-92-101 - 1007 |
Food, Drug & Cosmetics Act |
20-56-205, 210, 211, 215, & 216 |
Uniform Narcotic Drug Act |
20-64-201 et seq. |
Controlled Substances & Legend Drugs |
20-64-501 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:
(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, including without limitation:
(i) Whether the applicant is on probation,
parole, or probation as a result of suspended imposition of sentencing or
similar deferral of judgment or sentencing, is in compliance with the terms and
conditions of any such parole or probation, has complied with any terms and
conditions of the judgment of conviction including payment of restitution and
any fines, costs or other monetary payments.
(ii) Whether the applicant has a currently
suspended or revoked pharmacist or intern license, or pharmacy technician
license or registration in any jurisdiction;
(iii) The applicant's activities, employment,
relationships and other facts since the conviction;
(iv) Whether the applicant has provided
information requested by the Board;
(v) Whether the applicant has falsified or
misrepresented facts to the Board in the application or related procedure;
(vi) Whether the applicant has a
conviction that relates to the practice of pharmacy or other conduct regulated
by the Board;
(vii) Any Evidence of
Rehabilitation as described above;
(viii) Whether the applicant has more than
one criminal conviction; or
(ix)
Whether the applicant has been pardoned or granted clemency by the governor, or
the criminal conviction was expunged.
(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 and 7/10/2009)