§ 20-38-111. Immunity
The Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, the licensing or certifying agency, and the service provider are immune from suit or liability for damages for acts or omissions other than malicious acts or omissions occurring in the performance of duties imposed by this subchapter.
§ 20-38-112. Exclusions — Licensed professionals — Completion of criminal history records check
(a) Except for employees of licensed childcare facilities or church-operated exempt childcare facilities, this subchapter does not apply to a person who provides care to clients of a service provider subject to a professional license issued under: (1) Section 17-27-101 et seq., regarding licensed professional counselors; (2) The Arkansas Dental Practice Act, § 17-82-101 et […]
§ 20-38-113. Automated abuse registry checks
The Department of Human Services shall: (1) (A) Contingent upon the receipt of funding, appropriation, and positions, create and maintain a program that automates the databases of the Child Maltreatment Central Registry created in § 12-18-901, the Adult and Long-term Care Facility Resident Maltreatment Central Registry created in § 12-12-1716, and the Certified Nursing Assistant/Employment […]
§ 20-38-101. Definitions
As used in this chapter: (1) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly; (2) “Determination” means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is […]
§ 20-38-102. Criminal history records checks — Operators
(a) (1) (A) When an operator applies for a license, exemption from licensure, certificate, or other operating authority for a service provider from its licensing or certifying agency, the operator shall submit a criminal history records check form and a complete set of fingerprints to the Identification Bureau of the Department of Arkansas State Police […]
§ 20-38-103. Criminal history records checks — Applicants and employees of service providers
(a) (1) Before making an offer of employment, a service provider shall inform an applicant that employment is contingent on the satisfactory results of criminal history records checks. (2) If a service provider intends to make an offer of employment to an applicant, the service provider shall conduct criminal history records checks on the applicant […]
§ 20-38-104. Request for criminal history records checks — Requirement
(a) A request for a state criminal history records check on a person shall include a completed statement that: (1) Contains the name, address, and date of birth appearing on a valid identification document issued by a government entity to the person who is the subject of the state criminal history records check; (2) Indicates […]
§ 20-38-105. Disqualification from employment — Denial or revocation — Penalties
(a) (1) Except as provided in subsection (d) of this section, the licensing or certifying agency shall issue a determination that a person is disqualified as a service provider, operator, or from employment with a service provider if the person has pleaded guilty or nolo contendere to or has been found guilty of: (A) Any […]
§ 20-38-106. Evidence of criminal history records checks
(a) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider and […]
§ 20-38-107. Remedies for failure to comply
The licensing or certifying agency shall establish remedies for failure to comply with this subchapter to be imposed on a service provider licensed, exempted from licensure, certified, or otherwise authorized to operate by its licensing or certifying agency.