1. (a) Notwithstanding the provisions of Arkansas Code § 17-1-103, a person is not eligible to receive or hold an intern or pharmacist license or pharmacy technician registration issued by the Arkansas State Board of Pharmacy 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. (1) Any felony listed under Arkansas Code § 17-3-102;

   2. (2) Any act:

      1. (A) Involving gross immorality or dishonesty; or
      2. (B) That is related to the qualifications, functions, and duties of a person holding the license or registration; or

   3. (3) Any violation of Arkansas pharmacy or drug law or rules, including but not limited to:

      1. (A) This chapter;
      2. (B) The Uniform Controlled Substances Act, Arkansas Code § 5-64-101 et seq.; and
      3. (C) The Food, Drug, and Cosmetic Act, Arkansas Code § 20-56-201 et seq.

2. (b) 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:

   1. (1) Copies of court documents pertinent to each conviction, including complete copy of the court file, certified by the court clerk;
   2. (2) 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;

   3. (3) A notarized statement by the applicant explaining:

      1. (A) The circumstances of each conviction; and
      2. (B) Why he or she should be granted a waiver; and

   4. (4) An applicant may submit any additional evidence of rehabilitation, including:

      1. (A) Letters of reference from past and/or current employers;
      2. (B) Letters of reference from pharmacy instructors concerning attendance, participation, and performance in pharmacy programs;
      3. (C) Letters from treatment/recovery program attesting to current sobriety and length of time of sobriety, if appropriate;
      4. (D) Letters of reference from other knowledgeable professionals such as probation or parole officers;
      5. (E) Fitness-to-practice release letter from appropriate healthcare professional; or
      6. (F) Any other pertinent information may be considered.
3. (c) The application and request for waiver shall not be considered until the application, all fees, all the documentation identified in subsection (b) of this section, and both federal and state criminal background check reports are received by the board.

4. (d)

   1. (1) The board’s Informal Review Committee or its designee shall determine whether the:

      1. (A) Applicant is rehabilitated;
      2. (B) Conviction has served the intended disciplinary purpose; and
      3. (C) 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.

   2. (2) The Informal Review Committee or its designee shall consider all relevant data, including without limitation:

      1. (A) The age at which the offense was committed;
      2. (B) The circumstances surrounding the offense;
      3. (C) The length of time since the offense was committed;
      4. (D) Subsequent work history;
      5. (E) Employment references;
      6. (F) Character references; and
      7. (G) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare.
5. (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 Informal Review Committee to make a determination on the request upon the file documentation obtained by the board and that submitted by the applicant.

6. (f) No application with a disqualifying conviction will be processed until:

   1. (1) All required documentation has been received; and
   2. (2) The applicant’s request has been submitted to the Informal Review Committee or its designee.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(11/15/2003, Revised 03/01/2004, 7/10/2009, and 8/1/2020)"