Browse Arkansas Code titles and sections
17-87-312. Criminal background checks.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-87-312. Criminal background checks.
(a)(1) Each first-time applicant for a license issued by the Arkansas State Board of Nursing shall 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) At the time a person applies to an Arkansas nursing educational program, the program shall notify the applicant in writing of the provisions and requirements of this section.
(b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(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.
(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.
(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(f)(1) The board may issue a nonrenewable temporary permit for licensure to a first-time applicant pending the results of the criminal background check.
(2) The permit shall be valid for no more than six (6) months.
(g)(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by:
(A) The affected applicant for licensure or his or her authorized representative; or
(B) The person whose license is subject to revocation or his or her authorized representative.
(2) No record, file, or document shall
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-87-312
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-87-312
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4941e2d8133661af5ebf476e522c7c99521cf74a055635d3efb64ab3323b811e
Source location: content.xml paragraph 22965
Stored source content
17-87-312. Criminal background checks.
(a)(1) Each first-time applicant for a license issued by the Arkansas State Board of Nursing shall 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) At the time a person applies to an Arkansas nursing educational program, the program shall notify the applicant in writing of the provisions and requirements of this section.
(b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(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.
(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.
(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(f)(1) The board may issue a nonrenewable temporary permit for licensure to a first-time applicant pending the results of the criminal background check.
(2) The permit shall be valid for no more than six (6) months.
(g)(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by:
(A) The affected applicant for licensure or his or her authorized representative; or
(B) The person whose license is subject to revocation or his or her authorized representative.
(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.
(h) 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.
(i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than this background check.
(j) The board shall adopt the necessary rules to fully implement the provisions of this section.
(k)(1) The board may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems.
(2) The board may submit an applicant's fingerprints to the federal Next Generation Identification system.
(3) The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches.
(4) An applicant enrolled in the Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history background check is required if:
(A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the Next Generation Identification system; and
(B) The applicant is subject to the Rap Back service of the Next Generation Identification system.
(l) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may maintain fingerprints in the Integrated Automated Fingerprint Identification System.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-3-102. Licensing restrictions based on criminal records.
(a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses 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, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law:
(1) Capital murder as prohibited in § 5-10-101;
(2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103;
(3) Manslaughter as prohibited in § 5-10-104;
(4) Negligent homicide as prohibited in § 5-10-105;
(5) Kidnapping as prohibited in § 5-11-102;
(6) False imprisonment in the first degree as prohibited in § 5-11-103;
(7) Permanent detention or restraint as prohibited in § 5-11-106;
(8) Robbery as prohibited in § 5-12-102;
(9) Aggravated robbery as prohibited in § 5-12-103;
(10) Battery in the first degree as prohibited in § 5-13-201;
(11) Aggravated assault as prohibited in § 5-13-204;
(12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210;
(13) Aggravated assault upon a law enforcement officer or an employee of a correctional facility as prohibited in § 5-13-211, if a Class Y felony;
(14) Terroristic threatening in the first degree as prohibited in § 5-13-301;
(15) Rape as prohibited in § 5-14-103;
(16) Sexual indecency with a child as prohibited in § 5-14-110;
(17) Sexual extortion as prohibited in § 5-14-113;
(18) Sexual assault in the first degree, second deg
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-3-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-3-102. This identifies an authority to review, not proof of applicability.