Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 1   State of Arkansas                   As Engrossed:       H1/18/23
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1109
 4
 5   By: Representative Ladyman
 6   By: Senators D. Wallace, Irvin
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO AUTHORIZE THE STATE BOARD OF EXAMINERS OF
10                  ALCOHOLISM AND DRUG ABUSE COUNSELORS TO REQUIRE
11                  CRIMINAL BACKGROUND CHECKS FOR APPLICANTS FOR
12                  LICENSURE; AND FOR OTHER PURPOSES.
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15                                                 Subtitle
16                           TO AUTHORIZE THE STATE BOARD OF EXAMINERS
17                           OF ALCOHOLISM AND DRUG ABUSE COUNSELORS
18                           TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR
19                           APPLICANTS FOR LICENSURE.
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22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24          SECTION 1.       Arkansas Code § 17-27-408(a), concerning the licensure
25   requirements for licensed alcoholism and drug abuse counselors, is amended to
26   add an additional subdivision to read as follows:
27                  (11)     Has applied for a criminal background check and has not
28   been found guilty of, or pleaded guilty or nolo contendere to, any of the
29   offenses listed in §17-3-102.
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31          SECTION 2.       Arkansas Code § 17-27-409(a), concerning the licensure
32   requirements for licensed associate alcoholism and drug abuse counselors, is
33   amended to add an additional subdivision to read as follows:
34                  (12)     Has applied for a criminal background check and has not
35   been found guilty of, or pleaded guilty or nolo contendere to, any of the
36   offenses listed in §17-3-102.
     *JMB082*                                                                    01-18-2023 09:38:53 JMB082
     As Engrossed:     H1/18/23                                                  HB1109
 1
 2        SECTION 3.      Arkansas Code § 17-27-410(a), concerning the certification
 3   requirements for certified alcoholism and drug abuse technicians, is amended
 4   to add an additional subdivision to read as follows:
 5                 (11)   Has applied for a criminal background check and has not
 6   been found guilty of, or pleaded guilty or nolo contendere to, any of the
 7   offenses listed in §17-3-102.
 8
 9        SECTION 4.      Arkansas Code Title 17, Chapter 27, Subchapter 4, is
10   amended to add additional section to read as follows:
11        17-27-417.      Criminal background checks.
12        (a)   The State Board of Examiners of Alcoholism and Drug Abuse
13   Counselors may require each applicant for license renewal and each first-time
14   applicant for a license issued by the board to apply to the Identification
15   Bureau of the Division of Arkansas State Police for a state and national
16   criminal background check, to be conducted by the Identification Bureau of
17   the Division of Arkansas State Police and the Federal Bureau of
18   Investigation.
19        (b)   The criminal background check shall conform to the applicable
20   federal standards and shall include the taking of fingerprints.
21        (c)   The applicant shall sign a release of information to the board and
22   shall be responsible for the payment of any fee associated with the criminal
23   background check.
24        (d)   Upon completion of the criminal background check, the
25   Identification Bureau of the Division of Arkansas State Police shall forward
26   to the board all releasable information obtained concerning the applicant.
27        (e)   The board may issue a six-month nonrenewable letter of provisional
28   eligibility for licensure to a first-time applicant pending the results of
29   the criminal background check.
30        (f)   The board shall follow the licensing restrictions based on
31   criminal records under § 17-3-102.
32        (g)(1)      Any information received by the board from the Identification
33   Bureau of the Division of Arkansas State Police under this section shall not
34   be available for examination except by:
35                        (A)   An affected applicant for licensure, or his or her
36   authorized representative; or
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     As Engrossed:    H1/18/23                                                 HB1109
 1                      (B)   A person whose license is subject to revocation, or
 2   his or her authorized representative.
 3              (2)    A record, file, or document shall not be removed from the
 4   custody of the Identification Bureau of the Division of Arkansas State
 5   Police.
 6        (h)   Any information made available to the affected applicant for
 7   licensure or the person whose license is subject to revocation shall be
 8   information pertaining to that person only.
 9        (i)   Rights of privilege and confidentiality established under this
10   section shall not extend to any document created for purposes other than for
11   the background check under subsection (a) of this section.
12        (j)   The board shall adopt the necessary rules to fully implement the
13   provisions of this section.
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15                                      /s/Ladyman
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Statutes affected: 
Old version HB1109 Original - 1-11-2023 10:49 AM: 17-27-408(a), 17-27-409(a), 17-3-102, 17-27-410(a)
Old version HB1109 V2 - 1-18-2023 09:39 AM: 17-27-408(a), 17-27-409(a), 17-3-102, 01-18-2023, 17-27-410(a)
HB 1109: 17-27-408(a), 17-27-409(a), 17-3-102, 17-27-410(a)