122-00-98 Ark. Code R. § 2
ACT 1317 OF 1997 ACA 17-27-309
Whereas, it is necessary to require all first time applicants whose applications are received on or after October 1, to apply for a criminal background investigation, and for all current licensees to obtain a criminal background investigation on or before October 1, 2000. Whereas, in order to provide for such investigations, this Board adopted regulations prior to October 1, 1997 to comply with the mandates of ACT 1317 of 1997 to protect the citizens of the state of Arkansas.
A first time applicant whose application is received on or after October 1, 1997 must apply to the Identification Bureau of the Arkansas State Police for a state and national criminal background check. The applicant must sign a release of information to the Board and shall be responsible to the Arkansas State Police for the payment of any fee associated with the criminal background check.
If an applicant licensed of seeking licenses from more than one Board can demonstrate that the applicant has sought a criminal background check through the Psychology Board or the Social Work Licensing Board, during the preceding six (6) months, the applicant will be deemed to have met the requirements of A.C.A. 17-27-301(4).
The applicant is responsible for providing a written authorization for the other Board to send a statement that the background check has been applied for and the results will be sent when available to the Arkansas Board of Examiners in Counseling.
A license shall automatically be revoked if the information from the Identification Bureau of the Arkansas State Police reveals that the applicant has pleaded guilty, or nolo contendere to, or been found guilty of; any offense listed in A.C.A. 17-97-310.
The Emergency Rules and Regulations became effective on the 1st day of October 1997. They continued in effect for a period of 60 days. Thereafter, these Rules and Regulations were approved by the Legislative Council, November 6,1997 and filed that date pursuant to the Arkansas Administrative Procedures Act.
CRIMINAL BACKGROUND CHECK PROCEDURE TORFIRST TIME APPLICANTS COUNSELORS AND MARRIAGE & FAMILY THERAPIST
Beginning October 1, 1997 all first time applicants must apply for a criminal background check. When an application for licensure is received in the board office, a record check form, two fingerprint cards and instructions for applying for the criminal background check will be mailed to the applicant. Upon receipt of the materials, the applicant should take the fingerprint cards to the nearest law enforcement office and have fingerprints taken. The completed record check form, one completed fingerprint card and two checks or money orders made payable to the Arkansas State Police (one for $15.00 and one for $24.00) should be mailed to the board office. The board staff will make notation that the applicant has applied for the background check and forward the materials to the Arkansas State Police.
"When the Board approves the application for licensure, and all other requirements have been met, the applicant will be issued a provisional license valid for six (6) months. The regular license will not be issued until the results of the criminal background check are received. If the results are not received prior to the end of the six month period, the individual will not be eligible to practice counseling or marriage & family therapy until the results are received and a license is issued. The provisional license is issued one time only, and is not renewable.
CRIMINAL HISTORY CHECK
PROCEDURE FOR CURRENTLY LICENSED COUNSELORS AND
MARRIAGE & FAMILY THERAPIST
Prior to a licensee's renewal date, a record check form, two fingerprint cards and instructions for applying for a criminal history check will be mailed to the counselor/therapist. The procedure for making application for the check will be the same as for a new applicant.
The counselor/therapist must apply for the criminal history check immediately upon receiving this notice so the Board will receive the results of the check prior to the expiration date of his/her license. If the licensee fails to make application in a timely manner and the results of the check are not received prior to the expiration date, the individual's license will expire.
The counselor/therapist is responsible for keeping the Board informed of any change in address. Failure to receive the criminal history check materials will not be considered an extenuating circumstance for not applying for the investigation.
122.00.98 Ark. Code R. § 002