(c) Each applicant shall:

1. (1) Sign a release of information on the criminal background check application and licensure applications; and
2. (2) Be solely responsible for the payment of any fees associated with the state and federal criminal background checks.

(e) The state and federal criminal background checks conducted by the division and the Federal Bureau of Investigation shall have been completed:

1. (1) No earlier than twelve (12) months prior to the application for an initial license issued by the Arkansas State Board of Nursing; and
2. (2) At any other time thereafter that the board deems necessary.

(g)

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) A request for a waiver shall:

   1. (A) Be in writing; and
   2. (B) Accompany the completed application and fees.
3. (3) All decisions of the board in response to the petition will be determined by the information provided by the individual.
4. (4) The board’s response shall state the reason or reasons for the decision.
5. (5) Any decision made by the board in response to a prelicensure criminal background waiver petition is not subject to appeal.

(h) A waiver of the denial of licensure pursuant to the provisions of Arkansas Code § 17-3-102 is not required for an individual who:

1. (1) Held a valid license on July 24, 2019;
2. (2) Held a valid license on or before July 24, 2019, but failed to renew his or her license for any reason; or
3. (3) Was a student on or before July 24, 2019, in a nursing school or program.

(i) A request to seek waiver of the denial of licensure pursuant to the provisions of Arkansas Code § 17-3-102 may be made to the board by the:

1. (1) Affected applicant for licensure; or
2. (2) Person holding a license subject to revocation.

(j)

1. (1) The request for a waiver shall be made in writing to the Director of the Arkansas State Board of Nursing or his or her designee within thirty (30) calendar days after notification of denial of a license.

2. (2) The request for waiver shall include, but not be limited to the following:

   1. (A) Certified copy of court records indicating grounds for conviction; and
   2. (B) Any other pertinent documentation to indicate surrounding circumstances.