Applications or Renewals with Criminal History

• Can I submit an application if I have a misdemeanor, felony conviction, or other offense history?

  Yes. In reviewing an applicant's offense or criminal history, the Board evaluates whether the individual has been sufficiently rehabilitated to warrant the public trust. In making this determination, it helps if the applicant provides a detailed written statement (S-150 Personal History) explaining the offense history, related facts or events, as well as the reasons the applicant deserves to be licensed or registered.  The applicant should include any helpful facts that would aid in the Board’s evaluation, such as any relevant qualifications or experience in the profession, extenuating or mitigating circumstances regarding any illegal activity or wrongdoing, and work or volunteer history since the time of such wrongdoing. You may also include other documents that may help in the Board’s review of your application, such as letters of recommendation, character references, evidence of present fitness for licensure, pleadings or other court documents from the case, and evidence of coursework, community involvement volunteer experience, or past job responsibilities.

• Where can I obtain court documents?

  Court documents can be obtained from your attorney (if you were represented) or the clerk of court in the jurisdiction where the offense occurred. Contact the court clerk and ask how you can get copies of your case file. If the court tells you the documents are no longer available, submit an official notice from the court indicating as such. 

• What court documents should I submit with my application or renewal?

  The citation, complaint, or summons indicating the specific violations/charges, and any amended complaints. Disposition documents with any plea or stipulation to the charges, court ruling, and terms of any dismissal, sentence, conviction, judgment, diversion, etc. Proof of completion of any probation, diversion or suspended imposition of sentence. If this is not available, submit the court’s case or docket summary. 
   

• Does the Board review the answers to the disciplinary history questions?

  Yes. All applications are reviewed and compared to KBI/FBI report. If the application has information which is contradicted by the KBI/FBI background check, such statement may be considered an attempt to obtain a license by fraudulent means and may result in denial or other disciplinary action. 

• Do I need to report charges or offenses received when I was a minor (under 18)?

  No, you only need to report “adult” offenses. The only exception is if a minor was charged as an adult. 

• Do I need to answer “yes” if my offense has been expunged?

  Yes. Even though we will not consider these offenses, we need to be able to compare them to your KBI and FBI background check to ensure there’s no conflicting information. 

• Do I need to answer “yes” if my lawyer or someone else told me that the offense was no longer on my record?

  Unless a criminal conviction or offense has been expunged (this is a legal term) from your record or you have received a pardon, you need to report the information to the Board. If a case has merely been “dismissed,” it still has to be reported. 

• Do I have to complete a background check?

  Yes. All applicants must submit to fingerprinting and enrollment in the KBI/FBI Rap Back program by undergoing a criminal history record check by the KBI/FBI. If you have a current license or registration with the Kansas State Board of Pharmacy and previously underwent a background check through our office, you may not need to do another one. Please contact us if you think you have already done a background check through our office.

• If I have been fingerprinted or had a background check in another state, do I have to do it again in Kansas?

  Yes. The Board does not accept KBI/FBI reports issued for other purposes. 

• Does my application ever expire?

  Yes. Applications cannot remain pending indefinitely. If deficiencies are not timely corrected or if your application is denied or withdrawn, you must reapply. Please make sure that the Board has your current contact information to ensure you are receiving all official correspondence. 

• Do I submit the fingerprint card with my application or may I send it before I apply?

  Fingerprint cards should be submitted to the Board office simultaneously and in conjunction with the application and S-100 KBI/FBI Criminal Background Check Form. 

• Will the Board process my application without a criminal background check?

  No. The fingerprints, Form S-100 KBI/FBI Criminal Background Check, and $47 fee must be filed with your application. Applications are accepted without the background check but are considered incomplete. All application items must be received before an application can be considered complete. 

• Can I reapply if my license or registration was revoked?

  If your license or registration has been revoked by the Kansas State Board of Pharmacy, you must wait a minimum of one year from the effective date of revocation before applying for reinstatement. Please use the appropriate forms to request reinstatement after revocation: Form LA-65 Pharmacist Reinstatement after Revocation; Form LA-70 Technician Reinstatement after Revocation.

• What is the Kansas Administrative Procedure Act (KAPA)?

  The Kansas Board of Pharmacy is a regulatory agency. All disciplinary actions before the Kansas Board of Pharmacy are subject to the Kansas Administrative Procedure Act (KAPA), K.S.A. 77-501 et seq. The KAPA is a set of statutes that outline the procedures the Kansas Board of Pharmacy must follow. It provides for due process. This includes things such as reasonable notice, fair and impartial hearing, right to representation, and right to question witnesses or present evidence. KAPA is applied to all regulatory agencies of varying sizes. 

• I received a Summary Order. How do I request a hearing?

  Hearing requests must be in writing and received by the Board office (email, mail, hand-delivered) within 15 days of the date of the Summary Order. Hearings are then scheduled before the Board at their next regular quarterly meeting.