(a) A request for a state and national criminal history check on a person shall include a completed form as required by the Identification Bureau of the Division of Arkansas State Police and by the Federal Bureau of Investigation.
(b) The criminal history check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(c) Upon completion of the criminal history check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Department of Health all releasable information obtained concerning the applicant.
(d) (1) Any information received by the department 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) A record, file, or document shall not be removed from the custody of the Identification Bureau of the Division of Arkansas State Police.
(1) Any information received by the department 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.
(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) A record, file, or document shall not be removed from the custody of the Identification Bureau of the Division of Arkansas State Police.
(e) 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.
(f) Rights of privilege and confidentiality established in this section shall not extend to a document created for purposes other than the criminal history check.
(g) The department shall adopt the necessary rules to implement this section.
(h) (1) The department may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial criminal history check that is conducted through available governmental systems.(2) The department may submit an applicant's fingerprints to the federal Next Generation Identification system.(3) The fingerprints may be searched against future submissions to the federal Next Generation Identification system, including latent fingerprint searches.(4) An applicant enrolled in the federal Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history check is required if:(A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the federal Next Generation Identification system; and(B) The applicant is subject to the Rap Back service of the federal Next Generation Identification system.
(1) The department may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial criminal history check that is conducted through available governmental systems.
(2) The department may submit an applicant's fingerprints to the federal Next Generation Identification system.
(3) The fingerprints may be searched against future submissions to the federal Next Generation Identification system, including latent fingerprint searches.
(4) An applicant enrolled in the federal Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history check is required if:(A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the federal Next Generation Identification system; and(B) The applicant is subject to the Rap Back service of the federal Next Generation Identification system.
(A) A legible set of the applicant's fingerprints is obtained when the applicant enrolls in the federal Next Generation Identification system; and
(B) The applicant is subject to the Rap Back service of the federal Next Generation Identification system.
(i) 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.