(a)

1. (1) This part applies to all participants, including related parties, as defined in 25 CAR § 30-103.

2. (2) The rights, obligations, and remedies created and imposed by this part are in addition to any rights, obligations, and remedies under any other applicable:

   1. (A) Law;
   2. (B) Regulation;
   3. (C) Policy; or
   4. (D) Rule.

(b) Notwithstanding the other provisions of this part, the Department of Human Services or the Office of Medicaid Inspector General may not exclude a participant based on a criminal offense identified on a criminal background check if:

1. (1) The participant is employed as, or is being considered for employment as, a peer support specialist or other similar position requiring that the individual has personally received services within the behavioral health system;

2. (2) The participant:

   1. (A) Works or is applying to work with individuals receiving substance abuse treatment; or
   2. (B) Obtains certification in peer recovery by the Arkansas Substance Abuse Certification Board and:

(i) The certification is obtained after the commission of the criminal offense; and

1. (ii) The certification process includes due process for appealing a decision based upon a disqualifying charge in the criminal background check; and
2. (3) The criminal offense does not involve violence or a sexual act.