Rev. 11/2003
3-1
REGULATION 3 —PHARMACY TECHNICIANS
03-00—PHARMACY TECHNICIANS—REGISTRATION/PERMIT REQUIRED
03-00-0001—DEFINITIONS
(a) “Pharmacy technician” means those individuals, exclusive of pharmacy interns, who
assist the pharmacist in pharmaceutical services.
(b) “Supervision” means that the responsible pharmacist must be physically present to
observe, direct, and supervise the pharmacy technician at all times when the pharmacy
technician performs acts specified in this regulation. The supervising pharmacist is totally
and absolutely responsible for the actions of the pharmacy technician. (Revised
11/15/2003)
03-00-0002—REGISTRATION REQUIRED
(a) A pharmacy technician shall register with the Board of Pharmacy on a form provided
by the Board and undergo a criminal background check pursuant to Board Regulation 11;
(b) The registration shall expire on December 31 biennially as provided in Board
Regulation 01-00-0007
(c) The registration fee for a pharmacy technician shall be defined in regulation 01-000007.
(d) No person shall work as a pharmacy technician prior to the Board issuing a certificate
of registration and a permit for the specific location at which the technician will work.
The permit shall be prominently displayed for public perusal in said pharmacy. The
pharmacist-in-charge shall determine that the person is registered as a pharmacy
technician and that the Board has issued a permit for the specific location before the
technician performs any tasks identified in regulation 03-00-0005 or 03-00-0006.
(e) If there is a change of mailing address for the pharmacy technician, the pharmacy
technician shall immediately notify the Board of Pharmacy, in writing, of the new
address.
(f) When a pharmacy technician leaves the employment of a pharmacy, the pharmacist in
charge shall notify the Board, in writing, within fourteen (14) days.
(g) Any concurrent or subsequent employment at any pharmacy shall be reported to the
Board of Pharmacy by both the pharmacy technician and the pharmacist in charge of the
pharmacy where the pharmacy technician will be working. The pharmacist in charge
must notify the Board of Pharmacy, in writing, of the exact date when the pharmacy
technician will begin working. The pharmacy technician shall not work at that location
until the Board of Pharmacy has received
said notification.
(h) A pharmacy technician shall identify himself/herself as such in any telephone
conversation regarding the functions of a pharmacy technician while on duty in the
pharmacy.
(i) If the pharmacy technician is suspected to have, or evidence exists that a pharmacy
technician may have violated any law or regulation regarding the practice of pharmacy,
legend drugs or controlled substances, the pharmacist in charge shall notify the Board, in
writing, within ten days or immediately if any danger to the public health or safety may
exist. Any other pharmacist, whether or not practicing in the same pharmacy, who has
such knowledge or suspicion, shall notify the Board in a like manner.
(j)
(1) The Board may, after notice and hearing, suspend or revoke the permit of a pharmacy
technician upon a finding of the following:
(A) Violation of this regulation.
(B) Violation of any law or regulation regarding the practice of pharmacy.
(C) Violation of any law or regulation related to legend drugs or controlled substances.
(2) The Board shall follow the same procedures for hearings for pharmacy technicians as
applicable to hearings for pharmacists as set forth in §17-92-101 et seq. and Board
regulations. (Revised 11/15/2003)
03-00-0003—A PHARMACY TECHNICIAN SHALL
(a) Conduct himself/herself professionally in conformity with all applicable federal, state,
and municipal laws and regulations in his relationship with the public, health care
professions, and pharmacists.
(b) Hold to the strictest confidences all knowledge concerning patrons, their
prescriptions, and other confidence entrusted or acquired by him/her; divulging in the
interest of the patron, only by proper release forms, or where required for proper
compliance with legal authority.
(c) Provide valid and sufficient checks in payment for licenses or renewals.
03-00-0004—QUALIFICATIONS
(a) A high school graduate or a recognized graduate equivalency degree (G.E.D.).
(b) Of good moral character and temperate habits.
(c) The applicant must complete a criminal background check pursuant to Board
regulation 11. If the pharmacy technician has a past record of alcohol or drug addiction or
past record of violation of any law related to controlled substances, registration must be
prior approved by the Board of Pharmacy. (Revised 11/15/2003)
03-00-0005—TASKS, RESPONSIBILITIES, AND DUTIES OF THE PHARMACY
TECHNICIAN
(a) A pharmacy technician may assist the pharmacist in performing the following specific
tasks in accordance with specific written policy and procedures established by the
pharmacist-in charge covering the areas described in this section. The supervising
pharmacist is responsible for all tasks performed by the pharmacy technician. All tasks
performed by the pharmacy technician must be supervised, checked, and approved by the
supervising pharmacist. If the pharmacy technician performs any other task that is
defined as the practice of pharmacy, it will be considered a violation.
(b) Approved tasks:
(1) Placing, packing, pouring, or putting in a container for dispensing, sale, distribution,
transfer possession of, vending, or barter any drug, medicine, poison, or chemical which,
under the laws of the United States or the State of Arkansas, may be sold or dispensed
only on the prescription of a practitioner authorized by law to prescribe drugs, medicines,
poisons, or chemicals. This shall also include the adding of water for reconstitution of
oral antibiotic liquids.
(2) Placing in or affixing upon any container described in this regulation, a label required
to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon
prescription of a practitioner authorized by law to prescribe those drugs, medicines,
poisons, or chemicals.
(3) Selecting, taking from, and replacing upon shelves in the prescription department of a
pharmacy or apothecary drugs, medicines, chemicals, or poisons which are required by
the law of the United States or the State of Arkansas to be sold or dispensed only on
prescription of a practitioner authorized by law to prescribe them.
(4)
(A) In a manual system -- preparing, typing, or writing labels to be placed or affixed on
any container described in §17-92-101 on which a label is required to be placed upon
drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a
practitioner authorized by law to prescribe those drugs, medicines, poisons, or
chemicals.
(B) In a computer system -- a pharmacy technician may enter information into the
pharmacy computer. The pharmacy technician shall not make any judgment decisions
that could affect patient care. The final verification of prescription-information,
entered into the computer shall be made by the supervising pharmacist– prior to
dispensing – who is then totally responsible for all aspects of the data and data entry.
(5) A pharmacy technician may obtain prescriber authorization for prescription refills
provided that nothing about the prescription is changed; a pharmacy technician shall not
receive prescriber authorization for a new prescription by telephone or by other verbal
communication.
(6) Prepackaging and labeling of multi-dose and unit-dose packages of medication. The
pharmacist must establish the procedures, including selection of containers, labels and lot
numbers, and must check the finished task.
(7) Dose-picking for unit dose cart fill for a hospital or for a nursing home patient.
(8) Nursing unit checks in a hospital or nursing home. Pharmacy technicians may check
nursing units for proper medication storage and other related floor stock medication
issues. Any related medication storage problems or concerns shall be documented and
initialed by a pharmacist.
(9) Patient and medication records. The recording of patient or medication information in
manual or electronic system for later validation by the pharmacist may be performed by
pharmacy technicians.
(10) The pharmacy technician shall not make any judgment decisions that could affect
patient care.
(c)
(1) A pharmacy technician may assist in the following tasks when the pharmacist-incharge
has established a specific written policy and procedure for reconstitution of prefabricated
non-injectable medication, bulk compounding, and/or preparation of parenteral products
that establishes the order of addition of ingredients, the point at which the ingredients will
be checked by the pharmacist, and the point at which the final product will be checked
for integrity, correctness, and pharmaceutical elegance.
(2)
(A) Prior to any of these tasks being carried out by a pharmacy technician:
(i) the technician shall successfully complete an initial training, assessment of
skills program, and test pursuant to a written training and assessment
procedure established by the pharmacist-in-charge as provided in Regulation
03-00-0006; and
(ii) the pharmacist supervising a technician who engages in the above-referenced
reconstitution, bulk compounding, and/or preparation of parental product shall
perform all calculations of ingredients and provide written directions for
measurement of ingredients by the technician;
(B) Prior to dispensing any of said products for administration, the supervising
pharmacist shall verify and approve in written form all ingredients as well as the final
product.
(d)
(1) Bulk reconstitution of prefabricated non-injectable medication may include addition
of multiple additives.
(2) Bulk compounding may include such items as sterile bulk solutions for small-volume
injectables, sterile irrigating solutions, products prepared in relatively large volume for
internal or external use by patients, and reagents or other products for the pharmacy or
other departments of the facility.
(3) Preparation of parenteral products.
(A) Pharmacy technicians may:
(i) reconstitute and withdraw any amount (i.e. partial or entire amount) of an
injectable medication to be administered to a patient; and
(ii) reconstitute, withdraw, and add any amount (i.e. partial or entire amount) of one
or more injectable products to an IV solution to be administered to a patient.
(Revised 10/12/99, 11/152003)
03-00-0006—DUTIES OF THE PHARMACIST IN THE USE OF PHARMACY
TECHNICIANS
(a) A pharmacist-in-charge who utilizes a pharmacy technician to enter information into
the pharmacy computer must develop and keep on file at the pharmacy, written policies
and procedures which describe the process by which the supervising pharmacist verifies
the accuracy, validity, and appropriateness of the filled prescription or medication order.
(b)
(1) A pharmacist-in-charge who utilizes a pharmacy technician for (1) bulk reconstitution
of prefabricated non-injectable medication, (2) bulk compounding, and/or (3) preparation
of parental products shall develop written policies and procedures for training, testing,
and competency assessment of any pharmacy technicians performing these tasks.
(2) These policies and procedures shall incorporate those standards developed in the
American Society of Health-Systems Pharmacists (ASHP) Guidelines on Quality
Assurance for Pharmacy-Prepared Sterile Products (Copyright 2002) or a Board approved
equivalent.
(c) The pharmacist-in-charge shall include, in the policy and procedure manual, the
specific scope of responsibilities for pharmacy technicians or procedures delegated to
pharmacy technicians.
(d) In each instance in which a pharmacy technician prepares or processes any
medication identified in Regulation 03-00-0005, the supervising pharmacist
(1) Shall supervise the technician participating in those tasks as provided in Regulation
03-00-0001 (b);
(2) Shall personally determine all medication dose calculations and drug compatibilities,
maintain proper storage conditions, and verify the proper labeling of all finished
products, to include:
(A) For bulk products, the product name, name and strength of each drug, the
name and volume of each vehicle, the preparation and expiration dates, and lot
or equivalent numbers; and
(B) For individual products, the information required by law for individual
prescriptions;
(3) Determine all medication dose calculations, drug compatibilities, maintain proper
storage conditions, and verify the proper labeling of all finished products including
appropriate expiration dates; and
(4) Shall record in written form his or her verification of the amount of each ingredient by
volume, weight, or measure and of the final product by lot or equivalent number.
(e) The supervising pharmacist shall ensure that the pharmacy technician maintains
confidentiality of all patient records.
(f) The pharmacist-in-charge shall maintain records of each drug product resulting from
the procedures identified in paragraph (b) above for a period of two years and make said
records available for inspection by the Board to include:
(1) A copy of all individual training, testing, and competency assessments;
(2) The record of verification of ingredients and final drug product described in
paragraph (d) (4) above; and
(3) Policies and procedures applicable to producing said drug products.
(Revised 11/15/2003)
03-00-0007—PHARMACIST TO PHARMACY TECHNICIAN RATIO
(a) Retail or Specialty Pharmacy Settings
(1) Each pharmacist on duty in a retail or specialty pharmacy may utilize two pharmacy
technicians to assist the pharmacist.
(2) In addition to the technician(s) described in this section, a pharmacist shall not also
supervise more than one student intern. A graduate intern will not affect the ratio.
(b) Hospital or Ambulatory Care Facility Settings
(1) Pharmacy technicians used in assisting the pharmacist in pharmaceutical services for
inpatients of the hospital, or patients of an ambulatory care facility shall be permitted to
perform under direct supervision of a licensed pharmacist within the following
conditions:
(A) The number of pharmacy technicians utilized in a hospital pharmacy or ambulatory
care facility shall not exceed a ratio of two pharmacy technicians to each pharmacist
on duty.
(B) This ratio shall not include pharmacy interns counted as either supportive personnel
or pharmacists. Also excluded from the count of supportive personnel are those
persons whose functions are not related to the preparation or distribution of
medication. Such persons include clerks, secretaries, messengers, and delivery
personnel. (8/23/96, Revised 10/2000, 8/2001).
REGULATION 11- CRIMINAL BACKGROUND CHECKS
11-00-0001 – DEFINITIONS
(a) “Board” means the Arkansas State Board of Pharmacy;
(b) “Criminal background check” means a state and nation-wide criminal records check
conducted by the Arkansas State Police and the Federal Bureau of Investigation,
including the taking of fingerprints;
(c) “Provisional license or registration” means a non-renewable, provisional license or
registration that shall expire when the results of the criminal background check are
received by the Board or 180 days after issue, whichever comes first. An approved
license issued to a pharmacist approved for reciprocity is also subject to the
provisions of Regulation 02-03-0001. (11/15/2003)
11-00-0002-BACKGROUND CHECK REQUIRED
(a) The Board shall not issue an initial license/registration, or reinstate a
license/registration until the state and federal criminal background checks conducted
by the Arkansas State Police Identification Bureau and the Federal Bureau of
Investigation have been completed.
(b) The Board may issue a provisional license or registration to applicants for a new
pharmacist or intern license, or for a new or reinstated pharmacy technician
registration as provided in this Regulation. (11/15/2003)
11-00-0003-APPLICATION PROCEDURE
(a)
(1) Effective March 1, 2004, prior to or contemporaneously with filing an application
form for the applicable license or registration, each applicant for a new intern or
pharmacist license, or a new or reinstated registration as a pharmacy technician
issued by the Board, except as explicitly provided herein, shall apply, using forms
furnished by and pursuant to instructions provided by the Board, for state and
national criminal background checks, to be conducted by the Arkansas State
Police Identification Bureau and the Federal Bureau of Investigation.
(2)
(A) An applicant for a pharmacist license, who upon licensure will not practice
pharmacy while physically present in the State of Arkansas, is not required to
apply for criminal background checks.
(B) Before performing any practice of pharmacy while physically present within
the State of Arkansas, each such an applicant shall:
(i) cause criminal background checks described herein to be conducted and
delivered to the Board; and
(ii) obtain documentation from the Board of its approval of the pharmacist’s
practice of pharmacy while physically present in Arkansas.
(b) Each applicant shall, prior to or contemporaneously with applying for a license or
registration identified in paragraph (a) of this section, submit the form furnished by
the Board authorizing the release of criminal background check reports to the Board
and shall pay any applicable fees, associated with the state and federal criminal
background checks, pursuant to written instructions provided by the Board. The
release shall authorize the Identification Bureau of the Arkansas State Police to
forward all information obtained concerning the applicant in regard to a conviction of
any offense referred to in 11-00-0004 to the Board.
(c) The state and federal criminal background checks conducted by the Arkansas State
Police and the Federal Bureau of Investigation shall have been completed no earlier
than twelve (12) months prior to the application for an initial license/registration
issued by the Arkansas State Board of Pharmacy.
(d) Background checks used to obtain a license or registration issued by the Board may
be used for subsequent applications for another new license or registration issued by
the Board for a period of up to four years after the date of the original license or
registration. (11/15/2003)
11-00-0004-ELIGIBILITY FOR LICENSE/REGISTRATION
(a) No person shall be eligible to receive or hold an intern or pharmacist license or a
pharmacy technician registration issued by the Board if that person has pleaded guilty
or nolo contendere to, or has been found guilty of any of the following offenses,
regardless of whether an adjudication of guilt or sentencing or imposition of sentence
is withheld, 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 (collectively
“conviction”):
(1) Any felony;
(2) Any of the following:
Title Ark. Code Number
Theft 5-36-103(b)(5), 104(c)(3) & (4),
105(b)(2)& (3), 106(e)(3), & 202
Forgery and Fraudulent Practices 5-37-101 – 525
Fraud Against Government 5-55-101 – 401
Fraudulent Issuance of Warrants 6-20-407
Employer, Employee liens 18-42-106
Obtaining Information by
Fraudulent Representation 20-13-705
Insurance Holding Companies 23-63-522
False Reports, Motor Fuel Taxes 26-56-107
Fraudulent Applications 27-14-303
Uniform Controlled Substances Act 5-64-101 – 1303
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11-3
Pharmacy Licensing Law 17-92-101 – 1007
Food, Drug & Cosmetics Act 20-56-205, 210, 211, 215, & 216
Uniform Narcotic Drug Act 20-64-201 et seq.
Controlled Substances & Legend Drugs 20-64-501 et seq.
(b)
(1) At the time of application for licensure/registration, an applicant who has such a
conviction must cause the following certified documentation to be transmitted
directly to the Board staff by the court or other entity or individual that is
providing documentation about the applicant:
(A) Copies of court documents pertinent to conviction, i.e., information or
indictment, judgments, orders, final rulings, etc. including documents
specifying conviction and sanctions, and proof of completion of sanctions and
penalties;
(B) Evidence regarding compliance with terms of probation, parole, restitution, or
any other sanctions; and
(C) Status of any probation, parole, court-ordered restitution or any other
sanctions.
(c) In addition, an applicant can submit any evidence of rehabilitation, examples of
which include, without limitation:
(C) A letter from the applicant describing underlying circumstances for
disciplinary action and/or arrest and conviction record as well as rehabilitation
efforts or changes in life since that time to prevent future problems.
(D) Letters of reference from past and/or current employers.
(E) Letters of reference from pharmacy instructors concerning attendance,
participation and performance in pharmacy programs.
(F) Letters from treatment/recovery program attesting to current sobriety and
length of time of sobriety if there has been a history of drug or alcohol abuse.
(G) Letters of reference from other knowledgeable professionals, such as
probation or parole officers.
(H) Fitness to practice release letter from appropriate health care professional.
(I) Any other pertinent information may be considered.
(d) Upon written request submitted with the application or after receipt of the criminal
background check report, an applicant who has a criminal conviction may seek to
have the conviction waived and application approved, subject to appropriate terms
and conditions. The request for waiver shall be on a form provided by the Board and
shall be accompanied by all documentation identified in paragraph (b) of this section
that has not already been delivered to the Board. The request for waiver shall not be
considered until the application, all fees, all the documentation identified in paragraph
(b) of this section, both federal and state criminal background check reports, and a
request for wavier form stating the applicant’s reasons why the conviction should be
waived are received by the Executive Director. The Executive Director or his
designee shall determine whether the applicant is rehabilitated, the conviction has
served the intended disciplinary purpose and the applicant can practice or work in the
capacity that is the subject of the application without undue risk to the public health,
safety or welfare because of the subject conviction. The Executive Director, or his
designee, shall consider all relevant data, including without limitation:
(1) The age at which the crime was committed;
(2) The circumstances surrounding the crime;
(3) The length of time since the crime;
(4) Subsequent work history;
(5) Employment references;
(6) Character references, and
(7) Other evidence demonstrating that the applicant does not pose a threat to the
public health, safety or welfare, including without limitation:
(A) Whether the applicant is on probation, parole, or probation as a result of
suspended imposition of sentencing or similar deferral of judgment or
sentencing, is in compliance with the terms and conditions of any such parole
or probation, has complied with any terms and conditions of the judgment of
conviction including payment of restitution and any fines, costs or other
monetary payments.
(B) Whether the applicant has a currently suspended or revoked pharmacist or
intern license, or pharmacy technician license or registration in any
jurisdiction;
(C) The applicant’s activities, employment, relationships and other facts since the
conviction;
(D) Whether the applicant has provided information requested by the Board;
(E) Whether the applicant has falsified or misrepresented facts to the Board in the
application or related procedure;
(F) Whether the applicant has a conviction that relates to the practice of pharmacy
or other conduct regulated by the Board;
(G) Any Evidence of Rehabilitation as described above;
(H) Whether the applicant has more than one criminal conviction; or
(I) Whether the applicant has been pardoned or granted clemency by the
governor, or the criminal conviction was expunged.
(e) If an individual notifies the Executive Director in writing that he/she desires a hearing
regarding a request for a waiver, the Executive Director will schedule the individual
for a hearing. If no hearing is requested, the Executive Director or his designee will
make a determination on the request upon the file documentation obtained by the
Board and that submitted by the applicant.
(f) The Executive Director or his designee shall notify the applicant in writing within
seven (7) working days after determining whether to waive an applicant’s conviction.
(11/15/2003, Revised 03/01/2004)
11-00-0005–BOARD WAIVER OF CONVICTION
(a)
In the event that the Executive Director or his designee determines not to waive a
conviction, an applicant or person holding a provisional license or registration, who
has a history of any conviction of an offense identified in 11-00-0004, can request a
Board waiver of the conviction.
(b) The request for a Board waiver shall be made in writing to the Executive Director and
received on or before thirty (30) calendar days after the date of service of the
Executive Director’s denial of the applicant’s request for waiver. The date of said
service shall be the date that the denial of the waiver is mailed, certified mail, return
receipt requested to the applicant. The request for waiver shall comply with the
provisions of Section 11-00-0004.
(c) If an individual notifies the Board in writing that he/she desires a hearing regarding
his/her request for a waiver, the Board will schedule the individual for a hearing
before the Board, a committee, or a designated referee or examiner.
(d) If the individual does not notify the Board that he/she desires a hearing regarding
their request for a waiver, the Board will not hold a hearing and may take action
regarding their request for a waiver based upon the applicant’s file documentation
obtained by the Board and that submitted by the applicant.
(e) The Board shall consider the matters as identified in section 11-00-0004 above in
determining whether to waive a conviction and the Board’s decision shall be served
upon the applicant within seven working days after deciding whether to waive the
conviction. (11/15/2003)
11-00-0006-PROVISIONAL LICENSE AND REGISTRATION
(a)
(1) The Board may issue a provisional license or registration, limited to six months
duration only to applicants who:
(A) certify on their Arkansas State Board of Pharmacy application that they have
no criminal conviction; and
(B) meet all other qualifications for licensure or registration established by the
Arkansas State Board of Pharmacy, and;
(C)
i. certify that they have submitted an Arkansas State Police and FBI
Criminal Background Check form and associated fees pursuant to written
instructions provided by the Board.
ii. Or, at the Board’s discretion, when state criminal background check
reports are available within a reasonable time after application, and the
Board has received a state criminal background check report on the
applicant acceptable to the Board and pursuant to this regulation, and the
applicant certifies that he/she has submitted an Arkansas State Police and
FBI Criminal Background Check form and associated fees for the FBI
check pursuant to written instructions provided by the Board.
(2) The provisional license or registration shall permit the subject thereof to
temporarily perform, pending the Board’s receipt of the criminal background
Rev. 3/2004
11-6
check report(s), the activities authorized by the license, permit or registration that
is the subject of the application.
(3) An applicant who discloses any conviction identified in Section 11-00-0004 on
the application form shall not be eligible to receive a provisional license or
registration and will be considered for the applicable license or registration upon
the Board’s receipt of the criminal background check reports.
(b)
(1) Upon receipt of both the federal and state criminal background check reports
containing no conviction of any offense identified in Section 11-00-0004, and
upon the applicant meeting all other qualifications for the subject license/
registration, the Board shall issue the appropriate license/registration to the
applicant.
(2)
(A) Upon receipt of either criminal background check report that contains a
conviction of an offense identified in Section 11-00-0004, the Executive
Director shall cause to be served upon the applicant notice of the reported
conviction, the applicant’s failure to disclose the conviction in the application,
any other relevant facts or law, and the immediate revocation of the
provisional license/registration pursuant to A.C.A. § 17-92-317, and the
opportunity for a hearing.
(B) In order to obtain a hearing on the subject issues, an applicant shall serve a
written request for a hearing upon the Executive Director within ten (10) days
of service upon the applicant of the notice described in the preceding
paragraph.
(C) After receipt of such a request from an applicant within the requisite time
period, the Executive Director or his designee shall conduct a hearing and
serve the decision resulting therefrom upon the applicant. The applicant shall
produce at said hearing certified copies of the information/indictment and
judgment of conviction or other dispositive order(s) regarding the subject
conviction.
(D) In the event the decision resulting from the hearing described in the preceding
subparagraph is adverse to the applicant, the applicant can serve a written
request for a de novo hearing upon the Executive Director within thirty (30)
days after service of said decision. Said de novo hearing shall be before the
Board, members thereof or a designated referee or examiner. The Executive
Director shall schedule and serve notice thereof upon the applicant.
(c) Failure of an applicant to disclose any conviction of an offense identified in
Regulation 11-00-0004 shall constitute grounds for the suspension, revocation, or
denial of a license or registration.
(d) Fees and applications.
(1) The license/registration fee shall be submitted with the application.
(2) The fee is not refundable. (11/15/2003, Revised 03/01/2004)
11-00-0007-APPLICANT CONFIDENTIALITY
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11-7
(a) All reports obtained under these regulations are confidential and are restricted to the
exclusive use of the Board. The information contained in reports shall not be released
or otherwise disclosed to any other person or agency except by court order and are
specifically exempt from disclosure under the Arkansas Freedom of Information Act
(A.C.A. 25-19-101, et seq.)
(b) Criminal conviction reports may be reviewed by or provided to the subject, the
subject’s attorney or other designee at the request of the subject as follows:
(1) To the subject, in person, upon his producing positive verification acceptable to
the Board of his/her identity, or by mail upon receipt of an acknowledged
authorization in a form acceptable to the Board; the Board will mail a copy of the
report by certified mail, return receipt requested, delivery restricted to the subject
or his authorized agent at the address stated in the request.
(2) To the subject’s attorney or other designated individual, in person, upon
presentation of an acknowledged authorization by the subject and presentation of
positive verification of the attorney’s or designated individual’s identity, both of
which are acceptable to the Board. (11/15/2003)
11-00-0008-CHALLENGES TO THE ACCURACY OF THE REPORT
(a) The Board shall make determinations based on the information obtained from the
Bureau and shall not be responsible for allegations regarding the disposition,
expungement or accuracy of the information.
(b) A person may challenge the completeness or accuracy of a report of criminal
conviction information issued by the State Police Identification Bureau or the Federal
Bureau of Investigation as provided in A.C.A. § 12-12-1013, as amended.
(c) Upon receipt of a corrected criminal conviction report, the Board shall conduct a new
evaluation of the report and the applicant’s qualifications for the applicable license or
registration. (11/15/2003)