| (a) A person, who is enrolled or planning to enroll in an educational program that prepares the person for a license as a pharmacist or a registration as a pharmacy technician or trainee, or planning to take an examination required for such a license or registration, and who has reason to believe that he or she may be ineligible due to a conviction or deferred adjudication for a felony or misdemeanor offense, may request a criminal history evaluation letter regarding his or her eligibility for a license or registration. (b) The person must submit an application for the criminal history evaluation letter on a form provided by the board which includes: (1) a statement indicating the reasons and basis for potential ineligibility, including each criminal offense for which the person was arrested, charged, convicted, or received deferred adjudication; (2) all legal documents related to the reasons and basis for potential ineligibility including, but not limited to, police reports, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation, if applicable; (3) all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees; and (4) a non-refundable fee of $150 for processing the application. (c) The application is considered complete when all documents and other information supporting the potential reasons and basis for potential ineligibility has been received by the board. If such documentation is not received within 120 days of the initial receipt of the application, the application is considered to be expired and must be refilled along with the appropriate fees. (d) The board shall conduct an investigation of the application and the person's eligibility for a license or registration. (e) The person or the Board may amend the application to include additional grounds for potential ineligibility at any time before a final determination is made. (f) A determination of eligibility will be made by the Board or its designees. Notification of the determination will be provided to the person in writing. (1) If no grounds for ineligibility are identified, the notification shall address the determination regarding each ground of potential ineligibility. (2) If grounds for ineligibility exist, the notification shall set out each basis for potential ineligibility and the corresponding determination. (g) The board shall mail the determination of eligibility no later than the 90th day after the complete application, as required by subsections (b) and (c) of this section, has been received by the board. (h) The determination of eligibility shall be made based on the law in effect on the date of receipt of a complete application. (i) Any information the person fails to disclose on the application or any information determined to be inaccurate or incomplete shall invalidate the determination of eligibility on the basis of the information, in the discretion of the board. (j) The administrative rules regarding disciplinary guidelines and regarding considerations and sanctions for criminal conduct apply in making the determination regarding eligibility. (k) If a person submits an application for license or registration at the same time or within 90 days after the receipt of a complete application for criminal history evaluation letter, board will process only the application for license or registration and will not issue a separate determination of eligibility. |
