§ 20-13-1106 — Disqualifying offenses - Waiver

Arkansas § 20-13-1106

• Jurisdiction: Arkansas
• Title: 20

Text

(a) (1) Except as provided in subdivision (d)(1) of this section, the Division of Emergency Medical Services shall issue a determination that a person is disqualified from certification or recertification if the person has been found guilty of or has pleaded guilty or nolo contendere in a state court, inside or outside of this state, or a federal court, to any of the following offenses or similar conduct under another jurisdiction, including offenses for which the record has been expunged: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Manslaughter as prohibited in § 5-10-104 ; (D) Negligent homicide as prohibited in § 5-10-105 ; (E) Kidnapping as prohibited in § 5-11-102 ; (F) False imprisonment in the first degree as prohibited in § 5-11-103 ; (G) Permanent detention or restraint as prohibited in § 5-11-106 ; (H) Robbery as prohibited in § 5-12-102 ; (I) Aggravated robbery as prohibited in § 5-12-103 ; (J) Battery in the first degree as prohibited in § 5-13-201 ; (K) Aggravated assault as prohibited in § 5-13-204 ; (L) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ; (M) Terroristic threatening in the first degree as prohibited in § 5-13-301(a) ; (N) Rape as prohibited in § 5-14-103 ; (O) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (P) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (Q) Incest as prohibited in § 5-26-202 ; (R) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ; (S) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (T) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (U) Permitting child abuse as prohibited in § 5-27-221(a) ; (V) Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303 - 5-27-305 , 5-27-402 , and 5-27-403 ; (W) Felony adult abuse as prohibited in § 5-28-103 ; (X) Theft of property as prohibited in § 5-36-103 ; (Y) Theft by receiving as prohibited in § 5-36-106 ; (Z) Arson as prohibited in § 5-38-301 ; (AA) Burglary as prohibited in § 5-39-201 ; (BB) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in: (i) The former § 5-64-401 ; and (ii) Sections 5-64-419 - 5-64-442 ; (CC) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (DD) Stalking as prohibited in § 5-71-229 ; (EE) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201 , 5-3-202 , 5-3-301 , and 5-3-401 to commit any of the offenses listed in this subsection; (FF) Driving or boating while intoxicated, as prohibited in § 5-65-103 , that is a: (i) Felony; and (ii) Fourth or subsequent offense; (GG) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (HH) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (II) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (JJ) Sexual extortion as prohibited in § 5-14-113 . (2) (A) However, the division shall forward a request for a waiver to the Secretary of the Department of Health on all applicants who have been convicted of the crimes in subdivision (a)(1) of this section if five (5) years have passed since the conviction, if five (5) years have passed since release from custodial confinement, or if the applicants are currently certified emergency medical services personnel, prior to making the final determination on certification or recertification. (B) Individuals under subdivision (a)(2)(A) of this section shall not be suspended prior to the secretary's making the final determination. (b) An applicant shall not be disqualified from certification or recertification when the applicant has been found guilty of or has pleaded guilty or nolo contendere to a misdemeanor if the offense: (1) Did not involve exploitation of an adult, abuse of a person, neglect of a person, or sexual contact; or (2) Was not committed while performing duties as emergency medical services personnel. (c) (1) The provisions of this section may be waived by the Department of Health upon written request by the person who is the subject of the criminal history check. (2) The written request for waiver shall be mailed to the secretary within fifteen (15) calendar days after receipt of the determination by the department. (3) Factors to be considered before granting a waiver shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the adjudication of guilt; (D) The person's subsequent work history; (E) The person's employment references; (F) The person's character references; and (G) Any other evidence demonstrating that the person does not pose a threat to the health or safety of persons to be cared for. (d) (1) For purposes of this section, an expunged record of a conviction or plea of guilty or nolo contendere to an offense listed in subsection (a) of this section shall not be considered a conviction, guilty plea, or nolo contendere plea to the offense unless the offense is also listed in subdivision (d)(2) of this section. (2) Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification: (A) Capital murder as prohibited in § 5-10-101 ; (B) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (C) Kidnapping as prohibited in § 5-11-102 ; (D) Rape as prohibited in § 5-14-103 ; (E) Sexual assault in the first degree as prohibited in § 5-14-124 and sexual assault in the second degree as prohibited in § 5-14-125 ; (F) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 and endangering the welfare of a minor in the second degree as prohibited in § 5-27-206 ; (G) Incest as prohibited in § 5-26-202 ; (H) Arson as prohibited in § 5-38-301 ; (I) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (J) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, as prohibited in § 5-13-211 , if a Class Y felony; and (L) Sexual extortion as prohibited in § 5-14-113 .

Legislative History

Amended by Act 2023, No. 619,§ 24, eff. 8/1/2023. Amended by Act 2023, No. 51,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 51,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 12, eff. 8/1/2023. Amended by Act 2019, No. 389,§ 28, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4991, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4990, eff. 7/1/2019. Amended by Act 2017, No. 664,§ 18, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 24, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 23, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 30, eff. 7/22/2015. Acts 1999, No. 666, § 4; 2003, No. 1087, § 18; 2003, No. 1383, § 1; 2003, No. 1473, § 39; 2005, No. 1773, §§ 1, 2; 2005, No. 1923, § 5; 2011, No. 570, § 125.