The Department of Human Services shall not disqualify or exclude an individual from participation in the Arkansas Medicaid Program based on a criminal background check if:
(1) The individual is employed as a peer support specialist or other similar position;
(2) The individual obtains certification in peer recovery by the Arkansas Substance Abuse Certification Board;
(3) The certification was obtained after the commission of a criminal offense;
(4) The criminal offense does not involve violence or a sexual act; and
(5) The certification process includes due process for appealing a decision based upon a disqualifying charge in the criminal background check.