(a) Applicability to licensure. An individual is not eligible to receive or hold a license issued by the State Board of Health if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Arkansas Code § 17-3-102 et seq., by any court in the State of Arkansas, of any similar offense by a court in another state, or of any similar offense by a federal court, unless the conviction was:

1. (1) Lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq.; or
2. (2) Otherwise sealed, pardoned, or expunged under prior law.

(b) Waiver.

1. (1) The state board may grant a waiver as authorized by Arkansas Code § 17-3-102 in certain circumstances.

2. (2)

   1. (A) The state board is not authorized to conduct criminal background checks but may inquire about criminal convictions upon application or renewal of a license.
   2. (B) Any applicant or licensee that provides false information to the state board regarding a criminal conviction may be subject to suspension, revocation, or denial of a license.

(c) Prelicensure prohibiting offense determination.

1. (1) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether:

   1. (A) The individual's criminal record will disqualify the individual from licensure; and
   2. (B) A waiver may be obtained.
2. (2) The individual must obtain the prelicensure criminal background check petition form from the state board.
3. (3) The state board will respond with a decision in writing to a completed petition within a reasonable time.
4. (4) The state board response will state the reason or reasons for the decision.
5. (5) All decisions of the state board in response to the petition will be determined by the information provided by the individual.
6. (6) Any decision made by the state board in response to a prelicensure criminal background check petition is not subject to appeal.
7. (7) The state board will retain a copy of the petition and response and it will be reviewed during the formal application process.