(b) Credentials required for application for initial licensure are to be submitted to the Arkansas State Board of Physical Therapy as follows:

1. (1) The board shall receive an official transcript transmitted from the Office of the Registrar, or its designee, of a professional physical therapy/physical therapist assistant education program accredited by a national accreditation agency approved by the board;
2. (2) The applicant shall submit an official board application that is completed in full and the contents sworn under oath as being true and correct; and
3. (3) Application requirements must be completed and received by the board before an applicant is approved to take the examination described in 17 CAR § 175-104(b), except that, in lieu of the official transcript described in subdivision (b)(1) of this section, an applicant may take the examination if the board can confirm through FSBPT (or another board-approved entity) that the applicant has completed all requirements for graduation.

(e) The board shall require each initial applicant to submit to a background check in accordance with:

1. (1) Arkansas Code § 17-93-303 for physical therapist applicants; or
2. (2) Arkansas Code § 17-93-304 for physical therapist assistant applicants.

(f) Prelicensure criminal background check.

1. (1) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be obtained.
2. (2) The individual must obtain the prelicensure criminal background check petition form from the board.
3. (3) The board will respond with a decision in writing to a completed petition within a reasonable time.
4. (4) The board’s response will state the reason or reasons for the decision.
5. (5) All decisions of the board in response to the petition will be determined by the information provided by the individual.
6. (6) Any decision made by the board in response to a prelicensure criminal background check petition is not subject to appeal.
7. (7) The board will retain a copy of the petition and response, and it will be reviewed during the formal application process.

(g) Waiver request.

1. (1) If an individual has been convicted of a felony offense, the board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by an:

   1. (A) Affected applicant for a license; or
   2. (B) Individual holding a license subject to revocation.

2. (2) The board may grant a waiver upon consideration of the following, 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 since the offense was committed;
   5. (E) Employment references since the offense was committed;
   6. (F) Character references since the offense was committed;
   7. (G) Relevance of the offense to the occupational license; and
   8. (H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

3. (3) A request for a waiver, if made by an applicant, must:

   1. (A) Be in writing; and
   2. (B) Accompany the completed application and fees.

4. (4) The board will:

   1. (A) Respond with a decision in writing; and
   2. (B) State the reasons for the decision.
5. (5) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.