Criminal background checks

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  1. (a) Each first-time applicant for a license issued by the Arkansas Psychology Board shall be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.

  2. (b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.

  3. (c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.

  4. (d) Upon completion of the criminal background check, the Identification Bureau shall forward to the board all releasable information obtained concerning the applicant.

  5. (e) At the conclusion of any background check required by this section, the Identification Bureau shall promptly destroy the fingerprint card of the applicant.

  6. (f) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.

  7. (g) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check.

  8. (h)

    1. (1) Any information received by the board from the Identification Bureau under this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative or the person whose license is subject to revocation or his or her authorized representative.

    2. (2) No record, file, or document shall be removed from the custody of the division.

  9. (i) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.

  10. (j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than this background check.

  11. (k) The board shall adopt the necessary rules to fully implement the provisions of this section.


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