(1) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(2) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(3) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check.
(4) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.
(5) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check.
(6) For the purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(7) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: The affected applicant for licensure, or his or her authorized representative; or
(8) The person whose license is subject to revocation, or his or her authorized representative.
(9) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.
(10) 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.
(11) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.
(12) The board shall adopt the necessary rules to fully implement the provisions of this section.