Ark. Code Ann. § 17-95-1103 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1103
Exemptions from genetic counselor licensure
Status: in_force

This subchapter does not require licensure as a genetic counselor of: (1) An individual who is licensed or lawfully permitted to practice by this state as a healthcare professional and who is practicing within his or her scope of practice, including without limitation a physician or an advanced practice registered nurse; (2) An individual who has successfully completed an accredited genetic counseling training program and who is: (A) Reapplying for the American Board of Genetic Counseling certification examination and gathering logbook cases under supervision at an approved genetic counseling training site; or (B) Practicing under direct supervision of a licensed physician; (3) A student enrolled in an approved academic program in genetic counseling if the practice constitutes a part of a supervised course of study and the student is designated by a title that clearly indicates the student's status as a student or trainee; (4) (A) An individual who is employed by a state genetics center to provide education regarding single gene conditions, including without limitation sickle cell, cystic fibrosis, and hemoglobinopathies. (B) An individual described in subdivision (4)(A) of this section shall not use the title "genetic counselor" or any other title tending to indicate that he or she is a genetic counselor unless he or she is licensed in this state; and (5) (A) A visiting genetic counselor who is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics from outside the state performing activities and services for a period of thirty (30) days each year. (B) A visiting genetic counselor shall be licensed if the license is available in his or her home state. Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

This subchapter does not require licensure as a genetic counselor of:

(1) An individual who is licensed or lawfully permitted to practice by this state as a healthcare professional and who is practicing within his or her scope of practice, including without limitation a physician or an advanced practice registered nurse;

(2) An individual who has successfully completed an accredited genetic counseling training program and who is: (A) Reapplying for the American Board of Genetic Counseling certification examination and gathering logbook cases under supervision at an approved genetic counseling training site; or (B) Practicing under direct supervision of a licensed physician;

(A) Reapplying for the American Board of Genetic Counseling certification examination and gathering logbook cases under supervision at an approved genetic counseling training site; or

(B) Practicing under direct supervision of a licensed physician;

(3) A student enrolled in an approved academic program in genetic counseling if the practice constitutes a part of a supervised course of study and the student is designated by a title that clearly indicates the student's status as a student or trainee;

(4) (A) An individual who is employed by a state genetics center to provide education regarding single gene conditions, including without limitation sickle cell, cystic fibrosis, and hemoglobinopathies. (B) An individual described in subdivision (4)(A) of this section shall not use the title "genetic counselor" or any other title tending to indicate that he or she is a genetic counselor unless he or she is licensed in this state; and

(A) An individual who is employed by a state genetics center to provide education regarding single gene conditions, including without limitation sickle cell, cystic fibrosis, and hemoglobinopathies.

(B) An individual described in subdivision (4)(A) of this section shall not use the title "genetic counselor" or any other title tending to indicate that he or she is a genetic counselor unless he or she is licensed in this state; and

(5) (A) A visiting genetic counselor who is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics from outside the state performing activities and services for a period of thirty (30) days each year. (B) A visiting genetic counselor shall be licensed if the license is available in his or her home state.

(A) A visiting genetic counselor who is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics from outside the state performing activities and services for a period of thirty (30) days each year.

(B) A visiting genetic counselor shall be licensed if the license is available in his or her home state.

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-14-203 — AR Code / Title 17 / Chapter 14 / Subchapter 2 / Section 17-14-203
Powers and duties - In general
Status: in_force

In accordance with these general powers and duties, the State Board of Appraisers, Abstracters, and Home Inspectors shall: (1) Perform all duties and functions necessary to carry out this chapter; (2) (A) Receive applications for registering, licensing, and certification. (B) The application shall include the applicant's consent to a state criminal background check and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations; (3) Establish administrative procedures for processing applications; (4) (A) (i) Approve and issue registration, licenses, and certificates to qualified applicants or disapprove applications for registering, licensing, and certification for applicants who do not meet the minimum requirements as prescribed in this chapter. (ii) The minimum requirements shall include a determination that the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (B) All application materials and records submitted to the State Board of Appraisers, Abstracters, and Home Inspectors shall be retained by the State Board of Appraisers, Abstracters, and Home Inspectors; (5) (A) Maintain a roster of the names, addresses, email addresses, and telephone numbers of all persons licensed and certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and, in accordance with sections 1103(a)(3) and 1109(a)(1) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, shall submit this roster monthly to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. (B) This roster may be published and periodically updated and provided to all interested parties at cost; (6) (A) Establish by rule the minimum examination, education, experience, and continuing education requirements for state-registered, state-licensed, registered apprentice, and state-certified appraisers. (B) (i) The criteria for a state-registered appraiser shall be less rigorous than the criteria for a state-licensed appraiser. (ii) The criteria for a state-licensed appraiser shall be less rigorous than the criteria for a state-certified appraiser. However, the criteria will ensure that licensed appraisers have sufficient experience and training to perform appraisals for transactions within and in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (C) These rules shall at all times be equivalent to the minimum appraiser-qualification criteria as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation for state-licensed, registered apprentice, and state-certified appraisers performing federally related transactions. (D) With respect to examinations, these rules shall at all times require minimum examination contents that are equivalent to the national uniform examination content as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation and shall provide for the selection and utilization of a testing service acceptable to the Appraiser Qualifications Board of the Appraisal Foundation. (E) (i) Every application for registering, licensing, and certifying shall be accompanied by an application fee and a criminal background check fee that the State Board of Appraisers, Abstracters, and Home Inspectors may establish by rule. (ii) However, the State Board of Appraisers, Abstracters, and Home Inspectors, at its discretion, may direct each applicant to pay the actual cost of the examination fee directly to a testing service engaged by the State Board of Appraisers, Abstracters, and Home Inspectors to administer the examination. (F) (i) The application fee to upgrade a credential from registered apprentice to state-licensed or to state-certified shall not exceed one hundred dollars ($100). (ii) The application fee to upgrade a credential from state-licensed to state-certified shall not exceed fifty dollars ($50.00). (G) The total annual resident registering, licensing, certification, and application fees established by the State Board of Appraisers, Abstracters, and Home Inspectors shall not exceed three hundred dollars ($300), excluding fees for: (i) Applicable examination and federal pass-through fees; and (ii) Criminal background check fees. (H) Courses, schools, seminars, and any other educational programs must be recognized by the State Board of Appraisers, Abstracters, and Home Inspectors as acceptable to satisfy registration, licensing, and certification standards and continuing education requirements under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (7) (A) Establish administrative procedures for disciplinary proceedings conducted under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (B) The administrative procedures shall include provisions for the suspension and revocation of registration, licenses, and certificates and the enforcement of civil penalties concurrent with existing statutes regarding civil procedures; (8) Subpoena and issue subpoena duces tecum and to bring before the State Board of Appraisers, Abstracters, and Home Inspectors any person in this state, and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state or to require production of any records relevant to any inquiry or hearing by the State Board of Appraisers, Abstracters, and Home Inspectors; (9) Recommend procedures necessary to assure the ready availability to appraisers in the state of adequate and reliable information regarding property prices and the terms and conditions of real estate and real property transactions and related financing; (10) Establish administrative procedures for the setting, charging, and collecting of fees necessary for the operation of the State Board of Appraisers, Abstracters, and Home Inspectors and to concurrently collect and submit to the proper agency as prescribed under Section 1109(a)(4) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and any other related federal law, any additional fees that may from time to time be required to be paid by appraisers whose practices include the appraisal of properties included in federally related transactions; (11) Be authorized to adopt and enforce such administrative rules as may be necessary to comply with state law and federal law with specific reference to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 as it exists today and as it may be amended and adopted by the Appraisal Subcommittee; and (12) (A) (i) Obtain a state criminal background check performed by the Identification Bureau of the Division of Arkansas State Police and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for all applicants for a real property appraiser registration, license, or certification to determine if the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (ii) Subdivision (12)(A)(i) of this section applies to an application for a state-registered appraiser credential, an application for a registered apprentice appraiser credential, an application to upgrade an existing appraiser credential, an application to reinstate an appraiser credential that has been inactive for more than twelve (12) months, and an application for a new reciprocal appraiser credential. (iii) Subdivision (12)(A)(i) of this section does not apply to an application for a temporary practice permit. (B) An applicant shall provide all information requested by the State Board of Appraisers, Abstracters, and Home Inspectors to assist making the determination. (C) Factors to consider in making the determination include without limitation whether the applicant: (i) During the five (5) years immediately preceding the date of the application was convicted of, or pled guilty or nolo contendere to, a crime that would call into question the applicant's fitness for registration, licensure, or certification, including without limitation a crime involving: (a) (1) An act substantially related to the qualifications, functions, or duties of an appraiser. (2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential; (b) Taking, appropriating, or retaining the funds or property of another; (c) Forging, counterfeiting, or altering an instrument affecting the rights or obligations of another; (d) Evasion of a lawful debt or obligation, including without limitation a tax obligation; (e) Trafficking in narcotics or controlled substances; (f) Violation of a relation of trust or confidence; (g) Theft of personal property or funds; (h) An act of violence or threatened violence against persons or property; or (i) A sexually related crime or act under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (ii) Has had an appraiser registration, license, certification, or credential of any type revoked in any governmental jurisdiction; (iii) Performed any act which if done by an appraiser would be grounds to revoke or suspend the appraiser's license or certification; (iv) Knowingly made a false statement of material fact required to be disclosed in an application for any professional license or certification; (v) Has been prohibited from participating in the affairs of an insured depository institution under Section 19(a) of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 ; (vi) Misrepresented facts or information on the appraiser registration, license, or certification application; or (vii) Cheated on an examination for a real property appraiser registration, license, or certification. Amended by Act 2023, No. 619,§ 22, eff. 8/1/2023. Amended by Act 2023, No. 628,§ 26, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 514,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 514,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 535,§ 3, eff. 3/20/2017. Amended by Act 2015, No. 1124,§ 5, eff. 1/1/2017. Amended by Act 2015, No. 1124,§ 4, eff. 1/1/2017. Amended by Act 2015, No. 1124,§ 3, eff. 1/1/2017. Amended by Act 2015, No. 1124,§ 2, eff. 1/1/2017. Amended by Act 2015, No. 1124,§ 1, eff. 1/1/2017. Acts 1991, No. 416, § 4; 1991, No. 541, § 4; 2001, No. 1256, § 7; 2009, No. 628, § 10.

In accordance with these general powers and duties, the State Board of Appraisers, Abstracters, and Home Inspectors shall:

(1) Perform all duties and functions necessary to carry out this chapter;

(2) (A) Receive applications for registering, licensing, and certification. (B) The application shall include the applicant's consent to a state criminal background check and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations;

(A) Receive applications for registering, licensing, and certification.

(B) The application shall include the applicant's consent to a state criminal background check and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations;

(3) Establish administrative procedures for processing applications;

(4) (A) (i) Approve and issue registration, licenses, and certificates to qualified applicants or disapprove applications for registering, licensing, and certification for applicants who do not meet the minimum requirements as prescribed in this chapter. (ii) The minimum requirements shall include a determination that the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (B) All application materials and records submitted to the State Board of Appraisers, Abstracters, and Home Inspectors shall be retained by the State Board of Appraisers, Abstracters, and Home Inspectors;

(A) (i) Approve and issue registration, licenses, and certificates to qualified applicants or disapprove applications for registering, licensing, and certification for applicants who do not meet the minimum requirements as prescribed in this chapter. (ii) The minimum requirements shall include a determination that the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification.

(i) Approve and issue registration, licenses, and certificates to qualified applicants or disapprove applications for registering, licensing, and certification for applicants who do not meet the minimum requirements as prescribed in this chapter.

(ii) The minimum requirements shall include a determination that the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification.

(B) All application materials and records submitted to the State Board of Appraisers, Abstracters, and Home Inspectors shall be retained by the State Board of Appraisers, Abstracters, and Home Inspectors;

(5) (A) Maintain a roster of the names, addresses, email addresses, and telephone numbers of all persons licensed and certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and, in accordance with sections 1103(a)(3) and 1109(a)(1) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, shall submit this roster monthly to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council. (B) This roster may be published and periodically updated and provided to all interested parties at cost;

(A) Maintain a roster of the names, addresses, email addresses, and telephone numbers of all persons licensed and certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and, in accordance with sections 1103(a)(3) and 1109(a)(1) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, shall submit this roster monthly to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

(B) This roster may be published and periodically updated and provided to all interested parties at cost;

(6) (A) Establish by rule the minimum examination, education, experience, and continuing education requirements for state-registered, state-licensed, registered apprentice, and state-certified appraisers. (B) (i) The criteria for a state-registered appraiser shall be less rigorous than the criteria for a state-licensed appraiser. (ii) The criteria for a state-licensed appraiser shall be less rigorous than the criteria for a state-certified appraiser. However, the criteria will ensure that licensed appraisers have sufficient experience and training to perform appraisals for transactions within and in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (C) These rules shall at all times be equivalent to the minimum appraiser-qualification criteria as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation for state-licensed, registered apprentice, and state-certified appraisers performing federally related transactions. (D) With respect to examinations, these rules shall at all times require minimum examination contents that are equivalent to the national uniform examination content as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation and shall provide for the selection and utilization of a testing service acceptable to the Appraiser Qualifications Board of the Appraisal Foundation. (E) (i) Every application for registering, licensing, and certifying shall be accompanied by an application fee and a criminal background check fee that the State Board of Appraisers, Abstracters, and Home Inspectors may establish by rule. (ii) However, the State Board of Appraisers, Abstracters, and Home Inspectors, at its discretion, may direct each applicant to pay the actual cost of the examination fee directly to a testing service engaged by the State Board of Appraisers, Abstracters, and Home Inspectors to administer the examination. (F) (i) The application fee to upgrade a credential from registered apprentice to state-licensed or to state-certified shall not exceed one hundred dollars ($100). (ii) The application fee to upgrade a credential from state-licensed to state-certified shall not exceed fifty dollars ($50.00). (G) The total annual resident registering, licensing, certification, and application fees established by the State Board of Appraisers, Abstracters, and Home Inspectors shall not exceed three hundred dollars ($300), excluding fees for: (i) Applicable examination and federal pass-through fees; and (ii) Criminal background check fees. (H) Courses, schools, seminars, and any other educational programs must be recognized by the State Board of Appraisers, Abstracters, and Home Inspectors as acceptable to satisfy registration, licensing, and certification standards and continuing education requirements under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(A) Establish by rule the minimum examination, education, experience, and continuing education requirements for state-registered, state-licensed, registered apprentice, and state-certified appraisers.

(B) (i) The criteria for a state-registered appraiser shall be less rigorous than the criteria for a state-licensed appraiser. (ii) The criteria for a state-licensed appraiser shall be less rigorous than the criteria for a state-certified appraiser. However, the criteria will ensure that licensed appraisers have sufficient experience and training to perform appraisals for transactions within and in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(i) The criteria for a state-registered appraiser shall be less rigorous than the criteria for a state-licensed appraiser.

(ii) The criteria for a state-licensed appraiser shall be less rigorous than the criteria for a state-certified appraiser. However, the criteria will ensure that licensed appraisers have sufficient experience and training to perform appraisals for transactions within and in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

(C) These rules shall at all times be equivalent to the minimum appraiser-qualification criteria as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation for state-licensed, registered apprentice, and state-certified appraisers performing federally related transactions.

(D) With respect to examinations, these rules shall at all times require minimum examination contents that are equivalent to the national uniform examination content as promulgated by the Appraiser Qualifications Board of the Appraisal Foundation and shall provide for the selection and utilization of a testing service acceptable to the Appraiser Qualifications Board of the Appraisal Foundation.

(E) (i) Every application for registering, licensing, and certifying shall be accompanied by an application fee and a criminal background check fee that the State Board of Appraisers, Abstracters, and Home Inspectors may establish by rule. (ii) However, the State Board of Appraisers, Abstracters, and Home Inspectors, at its discretion, may direct each applicant to pay the actual cost of the examination fee directly to a testing service engaged by the State Board of Appraisers, Abstracters, and Home Inspectors to administer the examination.

(i) Every application for registering, licensing, and certifying shall be accompanied by an application fee and a criminal background check fee that the State Board of Appraisers, Abstracters, and Home Inspectors may establish by rule.

(ii) However, the State Board of Appraisers, Abstracters, and Home Inspectors, at its discretion, may direct each applicant to pay the actual cost of the examination fee directly to a testing service engaged by the State Board of Appraisers, Abstracters, and Home Inspectors to administer the examination.

(F) (i) The application fee to upgrade a credential from registered apprentice to state-licensed or to state-certified shall not exceed one hundred dollars ($100). (ii) The application fee to upgrade a credential from state-licensed to state-certified shall not exceed fifty dollars ($50.00).

(i) The application fee to upgrade a credential from registered apprentice to state-licensed or to state-certified shall not exceed one hundred dollars ($100).

(ii) The application fee to upgrade a credential from state-licensed to state-certified shall not exceed fifty dollars ($50.00).

(G) The total annual resident registering, licensing, certification, and application fees established by the State Board of Appraisers, Abstracters, and Home Inspectors shall not exceed three hundred dollars ($300), excluding fees for: (i) Applicable examination and federal pass-through fees; and (ii) Criminal background check fees.

(i) Applicable examination and federal pass-through fees; and

(ii) Criminal background check fees.

(H) Courses, schools, seminars, and any other educational programs must be recognized by the State Board of Appraisers, Abstracters, and Home Inspectors as acceptable to satisfy registration, licensing, and certification standards and continuing education requirements under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(7) (A) Establish administrative procedures for disciplinary proceedings conducted under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (B) The administrative procedures shall include provisions for the suspension and revocation of registration, licenses, and certificates and the enforcement of civil penalties concurrent with existing statutes regarding civil procedures;

(A) Establish administrative procedures for disciplinary proceedings conducted under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(B) The administrative procedures shall include provisions for the suspension and revocation of registration, licenses, and certificates and the enforcement of civil penalties concurrent with existing statutes regarding civil procedures;

(8) Subpoena and issue subpoena duces tecum and to bring before the State Board of Appraisers, Abstracters, and Home Inspectors any person in this state, and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state or to require production of any records relevant to any inquiry or hearing by the State Board of Appraisers, Abstracters, and Home Inspectors;

(9) Recommend procedures necessary to assure the ready availability to appraisers in the state of adequate and reliable information regarding property prices and the terms and conditions of real estate and real property transactions and related financing;

(10) Establish administrative procedures for the setting, charging, and collecting of fees necessary for the operation of the State Board of Appraisers, Abstracters, and Home Inspectors and to concurrently collect and submit to the proper agency as prescribed under Section 1109(a)(4) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and any other related federal law, any additional fees that may from time to time be required to be paid by appraisers whose practices include the appraisal of properties included in federally related transactions;

(11) Be authorized to adopt and enforce such administrative rules as may be necessary to comply with state law and federal law with specific reference to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 as it exists today and as it may be amended and adopted by the Appraisal Subcommittee; and

(12) (A) (i) Obtain a state criminal background check performed by the Identification Bureau of the Division of Arkansas State Police and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for all applicants for a real property appraiser registration, license, or certification to determine if the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (ii) Subdivision (12)(A)(i) of this section applies to an application for a state-registered appraiser credential, an application for a registered apprentice appraiser credential, an application to upgrade an existing appraiser credential, an application to reinstate an appraiser credential that has been inactive for more than twelve (12) months, and an application for a new reciprocal appraiser credential. (iii) Subdivision (12)(A)(i) of this section does not apply to an application for a temporary practice permit. (B) An applicant shall provide all information requested by the State Board of Appraisers, Abstracters, and Home Inspectors to assist making the determination. (C) Factors to consider in making the determination include without limitation whether the applicant: (i) During the five (5) years immediately preceding the date of the application was convicted of, or pled guilty or nolo contendere to, a crime that would call into question the applicant's fitness for registration, licensure, or certification, including without limitation a crime involving: (a) (1) An act substantially related to the qualifications, functions, or duties of an appraiser. (2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential; (b) Taking, appropriating, or retaining the funds or property of another; (c) Forging, counterfeiting, or altering an instrument affecting the rights or obligations of another; (d) Evasion of a lawful debt or obligation, including without limitation a tax obligation; (e) Trafficking in narcotics or controlled substances; (f) Violation of a relation of trust or confidence; (g) Theft of personal property or funds; (h) An act of violence or threatened violence against persons or property; or (i) A sexually related crime or act under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (ii) Has had an appraiser registration, license, certification, or credential of any type revoked in any governmental jurisdiction; (iii) Performed any act which if done by an appraiser would be grounds to revoke or suspend the appraiser's license or certification; (iv) Knowingly made a false statement of material fact required to be disclosed in an application for any professional license or certification; (v) Has been prohibited from participating in the affairs of an insured depository institution under Section 19(a) of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 ; (vi) Misrepresented facts or information on the appraiser registration, license, or certification application; or (vii) Cheated on an examination for a real property appraiser registration, license, or certification.

(A) (i) Obtain a state criminal background check performed by the Identification Bureau of the Division of Arkansas State Police and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for all applicants for a real property appraiser registration, license, or certification to determine if the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification. (ii) Subdivision (12)(A)(i) of this section applies to an application for a state-registered appraiser credential, an application for a registered apprentice appraiser credential, an application to upgrade an existing appraiser credential, an application to reinstate an appraiser credential that has been inactive for more than twelve (12) months, and an application for a new reciprocal appraiser credential. (iii) Subdivision (12)(A)(i) of this section does not apply to an application for a temporary practice permit.

(i) Obtain a state criminal background check performed by the Identification Bureau of the Division of Arkansas State Police and a national fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for all applicants for a real property appraiser registration, license, or certification to determine if the applicant possesses a background that does not call into question public trust or the applicant's fitness for registration, licensure, or certification.

(ii) Subdivision (12)(A)(i) of this section applies to an application for a state-registered appraiser credential, an application for a registered apprentice appraiser credential, an application to upgrade an existing appraiser credential, an application to reinstate an appraiser credential that has been inactive for more than twelve (12) months, and an application for a new reciprocal appraiser credential.

(iii) Subdivision (12)(A)(i) of this section does not apply to an application for a temporary practice permit.

(B) An applicant shall provide all information requested by the State Board of Appraisers, Abstracters, and Home Inspectors to assist making the determination.

(C) Factors to consider in making the determination include without limitation whether the applicant: (i) During the five (5) years immediately preceding the date of the application was convicted of, or pled guilty or nolo contendere to, a crime that would call into question the applicant's fitness for registration, licensure, or certification, including without limitation a crime involving: (a) (1) An act substantially related to the qualifications, functions, or duties of an appraiser. (2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential; (b) Taking, appropriating, or retaining the funds or property of another; (c) Forging, counterfeiting, or altering an instrument affecting the rights or obligations of another; (d) Evasion of a lawful debt or obligation, including without limitation a tax obligation; (e) Trafficking in narcotics or controlled substances; (f) Violation of a relation of trust or confidence; (g) Theft of personal property or funds; (h) An act of violence or threatened violence against persons or property; or (i) A sexually related crime or act under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (ii) Has had an appraiser registration, license, certification, or credential of any type revoked in any governmental jurisdiction; (iii) Performed any act which if done by an appraiser would be grounds to revoke or suspend the appraiser's license or certification; (iv) Knowingly made a false statement of material fact required to be disclosed in an application for any professional license or certification; (v) Has been prohibited from participating in the affairs of an insured depository institution under Section 19(a) of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 ; (vi) Misrepresented facts or information on the appraiser registration, license, or certification application; or (vii) Cheated on an examination for a real property appraiser registration, license, or certification.

(i) During the five (5) years immediately preceding the date of the application was convicted of, or pled guilty or nolo contendere to, a crime that would call into question the applicant's fitness for registration, licensure, or certification, including without limitation a crime involving: (a) (1) An act substantially related to the qualifications, functions, or duties of an appraiser. (2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential; (b) Taking, appropriating, or retaining the funds or property of another; (c) Forging, counterfeiting, or altering an instrument affecting the rights or obligations of another; (d) Evasion of a lawful debt or obligation, including without limitation a tax obligation; (e) Trafficking in narcotics or controlled substances; (f) Violation of a relation of trust or confidence; (g) Theft of personal property or funds; (h) An act of violence or threatened violence against persons or property; or (i) A sexually related crime or act under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ;

(a) (1) An act substantially related to the qualifications, functions, or duties of an appraiser. (2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential;

(1) An act substantially related to the qualifications, functions, or duties of an appraiser.

(2) A crime or act may be deemed substantially related to the qualifications, functions, or duties of an appraiser if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a real property appraiser credential to perform the functions authorized by the credential;

(b) Taking, appropriating, or retaining the funds or property of another;

(c) Forging, counterfeiting, or altering an instrument affecting the rights or obligations of another;

(d) Evasion of a lawful debt or obligation, including without limitation a tax obligation;

(e) Trafficking in narcotics or controlled substances;

(f) Violation of a relation of trust or confidence;

(g) Theft of personal property or funds;

(h) An act of violence or threatened violence against persons or property; or

(i) A sexually related crime or act under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ;

(ii) Has had an appraiser registration, license, certification, or credential of any type revoked in any governmental jurisdiction;

(iii) Performed any act which if done by an appraiser would be grounds to revoke or suspend the appraiser's license or certification;

(iv) Knowingly made a false statement of material fact required to be disclosed in an application for any professional license or certification;

(v) Has been prohibited from participating in the affairs of an insured depository institution under Section 19(a) of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 ;

(vi) Misrepresented facts or information on the appraiser registration, license, or certification application; or

(vii) Cheated on an examination for a real property appraiser registration, license, or certification.

Amended by Act 2023, No. 619,§ 22, eff. 8/1/2023.

Amended by Act 2023, No. 628,§ 26, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 12, eff. 7/24/2019.

Amended by Act 2019, No. 514,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 514,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 535,§ 3, eff. 3/20/2017.

Amended by Act 2015, No. 1124,§ 5, eff. 1/1/2017.

Amended by Act 2015, No. 1124,§ 4, eff. 1/1/2017.

Amended by Act 2015, No. 1124,§ 3, eff. 1/1/2017.

Amended by Act 2015, No. 1124,§ 2, eff. 1/1/2017.

Amended by Act 2015, No. 1124,§ 1, eff. 1/1/2017.

Acts 1991, No. 416, § 4; 1991, No. 541, § 4; 2001, No. 1256, § 7; 2009, No. 628, § 10.
Ark. Code Ann. § 17-80-210 — AR Code / Title 17 / Chapter 80 / Subchapter 2 / Section 17-80-210
Limitation on liability
Status: in_force

(a) Notwithstanding any other provisions of law, the Arkansas Medical Society, Inc., the Arkansas Osteopathic Medical Association, the physicians' health committee and members thereof, the Arkansas State Dental Association, and the dentists' health committee and members thereof shall not be held liable in damages to any person for any acts, omissions, or recommendations made by them in good faith while acting within the scope of their responsibilities pursuant to this subchapter. (b) No person who in good faith and without malice makes a report to the physicians' health committee or to the dentists' health committee shall be liable for damages to any person. Acts 1993, No. 1220, § 10; 2001, No. 929, § 1.

(a) Notwithstanding any other provisions of law, the Arkansas Medical Society, Inc., the Arkansas Osteopathic Medical Association, the physicians' health committee and members thereof, the Arkansas State Dental Association, and the dentists' health committee and members thereof shall not be held liable in damages to any person for any acts, omissions, or recommendations made by them in good faith while acting within the scope of their responsibilities pursuant to this subchapter.

(b) No person who in good faith and without malice makes a report to the physicians' health committee or to the dentists' health committee shall be liable for damages to any person.

Acts 1993, No. 1220, § 10; 2001, No. 929, § 1.
Ark. Code Ann. § 17-82-609 — AR Code / Title 17 / Chapter 82 / Subchapter 6 / Section 17-82-609
Penalties
Status: in_force

(a) An operator, dentist, or dental hygienist who violates this subchapter is subject to § 17-82-316 . (b) The Arkansas State Board of Dental Examiners shall employ procedures under § 17-82-317 in assessing penalties under this section. Acts 2009, No. 414, § 1.

(a) An operator, dentist, or dental hygienist who violates this subchapter is subject to § 17-82-316 .

(b) The Arkansas State Board of Dental Examiners shall employ procedures under § 17-82-317 in assessing penalties under this section.

Acts 2009, No. 414, § 1.
Ark. Code Ann. § 17-82-111 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-111
Nonclinical services
Status: in_force

(a) Except as provided in subsection (b) of this section, a person or entity shall not practice dentistry or otherwise violate the Arkansas Dental Practice Act, § 17-82-101 et seq., or the Dental Corporation Act, § 4-29-401 et seq., if the person or entity contracted to provide the following services for a dentist or dental corporation in a dental practice: (1) Owns or leases an asset used by a dental practice, including real property, furnishings, equipment, inventory, and other goods, but not including dental patient records; (2) Employs or contracts for the services of personnel other than licensed dentists; or (3) Provides administrative services, financial services, or other business activities of a dental practice that do not include practicing dentistry as defined in § 17-82-102 . (b) A person or entity that is not licensed to practice dentistry shall not engage in any activity that includes the practice of dentistry or interferes with the professional judgment or clinical decision-making of a licensed dentist. Added by Act 2017, No. 489,§ 1, eff. 8/1/2017.

(a) Except as provided in subsection (b) of this section, a person or entity shall not practice dentistry or otherwise violate the Arkansas Dental Practice Act, § 17-82-101 et seq., or the Dental Corporation Act, § 4-29-401 et seq., if the person or entity contracted to provide the following services for a dentist or dental corporation in a dental practice: (1) Owns or leases an asset used by a dental practice, including real property, furnishings, equipment, inventory, and other goods, but not including dental patient records; (2) Employs or contracts for the services of personnel other than licensed dentists; or (3) Provides administrative services, financial services, or other business activities of a dental practice that do not include practicing dentistry as defined in § 17-82-102 .

(1) Owns or leases an asset used by a dental practice, including real property, furnishings, equipment, inventory, and other goods, but not including dental patient records;

(2) Employs or contracts for the services of personnel other than licensed dentists; or

(3) Provides administrative services, financial services, or other business activities of a dental practice that do not include practicing dentistry as defined in § 17-82-102 .

(b) A person or entity that is not licensed to practice dentistry shall not engage in any activity that includes the practice of dentistry or interferes with the professional judgment or clinical decision-making of a licensed dentist.

Added by Act 2017, No. 489,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-99-302 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-302
Qualifications and examination of applicants - Fees - Waiver
Status: in_force

(a) The Arkansas State Medical Board shall register as a respiratory care practitioner and shall issue a license to: (1) Any person who satisfactorily passes the examination provided for in this chapter, and who otherwise meets the requirements for qualification contained herein and pays a fee not to exceed one hundred fifty dollars ($150); (2) Any person who furnishes sufficient and satisfactory written evidence to the Arkansas State Medical Board that the person has received registration or certification, or both, by the National Board for Respiratory Care, Inc. or its successor organization and who, at the time of his or her application, shall pay the Arkansas State Medical Board a fee not to exceed one hundred fifty dollars ($150); and (3) (A) Any person, whether or not he or she has passed the examination provided for in this chapter, who through a notarized affidavit submitted to the Arkansas State Medical Board by January 1, 2002, demonstrates that he or she has been engaged in the practice of respiratory care for at least two (2) years during the three (3) consecutive years before September 1, 2001, and who submits an application and a fee not to exceed one hundred fifty dollars ($150). (B) Any person licensed under this provision must complete the entry level requirements for certification in respiratory care and, no later than January 1, 2005, must pass the examination provided for in this chapter. (b) Each applicant shall: (1) Be at least eighteen (18) years of age; (2) Have been awarded a high school diploma or its equivalent; (3) Have satisfactorily completed training in a respiratory care program which has been approved by the Arkansas State Respiratory Care Examining Committee, to include adequate instruction in basic medical science, clinical science, and respiratory care theory and procedures; and (4) Have passed an examination approved by the Arkansas State Medical Board and the committee, unless exempted by other provisions of this chapter. (c) All examinations of applicants for a license to practice respiratory care shall be held in designated areas of the state at a time and place published by the Arkansas State Medical Board. (d) Applicants shall be given written examinations on the following subjects: (1) Clinical data; (2) Equipment; and (3) Therapeutic procedures. (e) (1) A fee not to exceed the prevailing rate set by the National Board for Respiratory Care, Inc., or its successor organization must accompany the application. (2) The Arkansas State Medical Board shall not increase or set assessed fees exceeding the amounts in this section. (3) If the Arkansas State Medical Board determines in its discretion that a reduction is in the best interest of the state, the Arkansas State Medical Board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2023, No. 79,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 990,§ 115, eff. 7/24/2019. Acts 1969, No. 168, §§ 7, 10; A.S.A. 1947, §§ 72-1607, 72-1610; Acts 1987, No. 952, §§ 5, 8; 1993, No. 1219, § 15; 1995, No. 1094, § 5; 2001, No. 1049, §§ 4-6.

(a) The Arkansas State Medical Board shall register as a respiratory care practitioner and shall issue a license to: (1) Any person who satisfactorily passes the examination provided for in this chapter, and who otherwise meets the requirements for qualification contained herein and pays a fee not to exceed one hundred fifty dollars ($150); (2) Any person who furnishes sufficient and satisfactory written evidence to the Arkansas State Medical Board that the person has received registration or certification, or both, by the National Board for Respiratory Care, Inc. or its successor organization and who, at the time of his or her application, shall pay the Arkansas State Medical Board a fee not to exceed one hundred fifty dollars ($150); and (3) (A) Any person, whether or not he or she has passed the examination provided for in this chapter, who through a notarized affidavit submitted to the Arkansas State Medical Board by January 1, 2002, demonstrates that he or she has been engaged in the practice of respiratory care for at least two (2) years during the three (3) consecutive years before September 1, 2001, and who submits an application and a fee not to exceed one hundred fifty dollars ($150). (B) Any person licensed under this provision must complete the entry level requirements for certification in respiratory care and, no later than January 1, 2005, must pass the examination provided for in this chapter.

(1) Any person who satisfactorily passes the examination provided for in this chapter, and who otherwise meets the requirements for qualification contained herein and pays a fee not to exceed one hundred fifty dollars ($150);

(2) Any person who furnishes sufficient and satisfactory written evidence to the Arkansas State Medical Board that the person has received registration or certification, or both, by the National Board for Respiratory Care, Inc. or its successor organization and who, at the time of his or her application, shall pay the Arkansas State Medical Board a fee not to exceed one hundred fifty dollars ($150); and

(3) (A) Any person, whether or not he or she has passed the examination provided for in this chapter, who through a notarized affidavit submitted to the Arkansas State Medical Board by January 1, 2002, demonstrates that he or she has been engaged in the practice of respiratory care for at least two (2) years during the three (3) consecutive years before September 1, 2001, and who submits an application and a fee not to exceed one hundred fifty dollars ($150). (B) Any person licensed under this provision must complete the entry level requirements for certification in respiratory care and, no later than January 1, 2005, must pass the examination provided for in this chapter.

(A) Any person, whether or not he or she has passed the examination provided for in this chapter, who through a notarized affidavit submitted to the Arkansas State Medical Board by January 1, 2002, demonstrates that he or she has been engaged in the practice of respiratory care for at least two (2) years during the three (3) consecutive years before September 1, 2001, and who submits an application and a fee not to exceed one hundred fifty dollars ($150).

(B) Any person licensed under this provision must complete the entry level requirements for certification in respiratory care and, no later than January 1, 2005, must pass the examination provided for in this chapter.

(b) Each applicant shall: (1) Be at least eighteen (18) years of age; (2) Have been awarded a high school diploma or its equivalent; (3) Have satisfactorily completed training in a respiratory care program which has been approved by the Arkansas State Respiratory Care Examining Committee, to include adequate instruction in basic medical science, clinical science, and respiratory care theory and procedures; and (4) Have passed an examination approved by the Arkansas State Medical Board and the committee, unless exempted by other provisions of this chapter.

(1) Be at least eighteen (18) years of age;

(2) Have been awarded a high school diploma or its equivalent;

(3) Have satisfactorily completed training in a respiratory care program which has been approved by the Arkansas State Respiratory Care Examining Committee, to include adequate instruction in basic medical science, clinical science, and respiratory care theory and procedures; and

(4) Have passed an examination approved by the Arkansas State Medical Board and the committee, unless exempted by other provisions of this chapter.

(c) All examinations of applicants for a license to practice respiratory care shall be held in designated areas of the state at a time and place published by the Arkansas State Medical Board.

(d) Applicants shall be given written examinations on the following subjects: (1) Clinical data; (2) Equipment; and (3) Therapeutic procedures.

(1) Clinical data;

(2) Equipment; and

(3) Therapeutic procedures.

(e) (1) A fee not to exceed the prevailing rate set by the National Board for Respiratory Care, Inc., or its successor organization must accompany the application. (2) The Arkansas State Medical Board shall not increase or set assessed fees exceeding the amounts in this section. (3) If the Arkansas State Medical Board determines in its discretion that a reduction is in the best interest of the state, the Arkansas State Medical Board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) A fee not to exceed the prevailing rate set by the National Board for Respiratory Care, Inc., or its successor organization must accompany the application.

(2) The Arkansas State Medical Board shall not increase or set assessed fees exceeding the amounts in this section.

(3) If the Arkansas State Medical Board determines in its discretion that a reduction is in the best interest of the state, the Arkansas State Medical Board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2023, No. 79,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 990,§ 115, eff. 7/24/2019.

Acts 1969, No. 168, §§ 7, 10; A.S.A. 1947, §§ 72-1607, 72-1610; Acts 1987, No. 952, §§ 5, 8; 1993, No. 1219, § 15; 1995, No. 1094, § 5; 2001, No. 1049, §§ 4-6.
Ark. Code Ann. § 17-93-412 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-412
Revocation, suspension, or denial - Grounds
Status: in_force

(a) The Arkansas State Board of Athletic Training may refuse to issue or renew a license or suspend or revoke a license if an applicant has: (1) Been convicted of a felony listed under § 17-3-102 ; (2) Secured a license under this subchapter by fraud or deceit; or (3) Violated or conspired to violate this subchapter or rules issued pursuant to this subchapter. (b) (1) On application, the board may reissue a license to a person whose license has been revoked, but the application may not be made before the expiration of a period of one (1) year after the order of revocation has become final. (2) Such application shall be made in the manner and form required by the board. Amended by Act 2019, No. 315,§ 1610, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 95, eff. 7/24/2019. Acts 1995, No. 1279, § 12; 2001, No. 1124, § 8.

(a) The Arkansas State Board of Athletic Training may refuse to issue or renew a license or suspend or revoke a license if an applicant has: (1) Been convicted of a felony listed under § 17-3-102 ; (2) Secured a license under this subchapter by fraud or deceit; or (3) Violated or conspired to violate this subchapter or rules issued pursuant to this subchapter.

(1) Been convicted of a felony listed under § 17-3-102 ;

(2) Secured a license under this subchapter by fraud or deceit; or

(3) Violated or conspired to violate this subchapter or rules issued pursuant to this subchapter.

(b) (1) On application, the board may reissue a license to a person whose license has been revoked, but the application may not be made before the expiration of a period of one (1) year after the order of revocation has become final. (2) Such application shall be made in the manner and form required by the board.

(1) On application, the board may reissue a license to a person whose license has been revoked, but the application may not be made before the expiration of a period of one (1) year after the order of revocation has become final.

(2) Such application shall be made in the manner and form required by the board.

Amended by Act 2019, No. 315,§ 1610, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 95, eff. 7/24/2019.

Acts 1995, No. 1279, § 12; 2001, No. 1124, § 8.
Ark. Code Ann. § 17-50-301 — AR Code / Title 17 / Chapter 50 / Subchapter 3 / Section 17-50-301
Certificate - Applicant qualifications
Status: in_force

(a) Upon proper application to the Arkansas Natural Resources Commission, a person is entitled to be registered and to be issued a certificate of registration as a certified water well driller or certified pump installer who shall furnish to the commission proof that he or she: (1) Is at least eighteen (18) years of age; (2) [Repealed.] (3) Has knowledge of the rules adopted under this chapter; and (4) (A) Has experience as defined by the commission's rules in the work for which he or she is applying for a certificate of registration. (B) An applicant may satisfy the requirement under subdivision (a)(4)(A) of this section by: (i) Completing the commission's apprenticeship program; (ii) Holding a valid certificate of registration from the commission, within the past ten (10) years, of the type and class for which the applicant is applying; or (iii) Providing a valid certificate from another state of a type and class substantially similar to the type and class for which the applicant is applying for the period of time equal to the requirement for the apprenticeship program. (b) The commission shall provide examinations and a course of instruction, when required, that each applicant must pass in order to qualify for the certificate of registration. Amended by Act 2023, No. 691,§ 130, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 56, eff. 7/24/2019. Amended by Act 2013, No. 324,§ 1, eff. 8/16/2013. Acts 1969, No. 641, § 10; 1981, No. 521, § 1; A.S.A. 1947, § 21-2010; Acts 1987, No. 693, § 4; 1993, No. 328, § 1; 1993, No. 348, § 1; 1993, No. 1219, § 13; 2001, No. 1184, § 3; 2003, No. 297, § 6.

(a) Upon proper application to the Arkansas Natural Resources Commission, a person is entitled to be registered and to be issued a certificate of registration as a certified water well driller or certified pump installer who shall furnish to the commission proof that he or she: (1) Is at least eighteen (18) years of age; (2) [Repealed.] (3) Has knowledge of the rules adopted under this chapter; and (4) (A) Has experience as defined by the commission's rules in the work for which he or she is applying for a certificate of registration. (B) An applicant may satisfy the requirement under subdivision (a)(4)(A) of this section by: (i) Completing the commission's apprenticeship program; (ii) Holding a valid certificate of registration from the commission, within the past ten (10) years, of the type and class for which the applicant is applying; or (iii) Providing a valid certificate from another state of a type and class substantially similar to the type and class for which the applicant is applying for the period of time equal to the requirement for the apprenticeship program.

(1) Is at least eighteen (18) years of age;

(2) [Repealed.]

(3) Has knowledge of the rules adopted under this chapter; and

(4) (A) Has experience as defined by the commission's rules in the work for which he or she is applying for a certificate of registration. (B) An applicant may satisfy the requirement under subdivision (a)(4)(A) of this section by: (i) Completing the commission's apprenticeship program; (ii) Holding a valid certificate of registration from the commission, within the past ten (10) years, of the type and class for which the applicant is applying; or (iii) Providing a valid certificate from another state of a type and class substantially similar to the type and class for which the applicant is applying for the period of time equal to the requirement for the apprenticeship program.

(A) Has experience as defined by the commission's rules in the work for which he or she is applying for a certificate of registration.

(B) An applicant may satisfy the requirement under subdivision (a)(4)(A) of this section by: (i) Completing the commission's apprenticeship program; (ii) Holding a valid certificate of registration from the commission, within the past ten (10) years, of the type and class for which the applicant is applying; or (iii) Providing a valid certificate from another state of a type and class substantially similar to the type and class for which the applicant is applying for the period of time equal to the requirement for the apprenticeship program.

(i) Completing the commission's apprenticeship program;

(ii) Holding a valid certificate of registration from the commission, within the past ten (10) years, of the type and class for which the applicant is applying; or

(iii) Providing a valid certificate from another state of a type and class substantially similar to the type and class for which the applicant is applying for the period of time equal to the requirement for the apprenticeship program.

(b) The commission shall provide examinations and a course of instruction, when required, that each applicant must pass in order to qualify for the certificate of registration.

Amended by Act 2023, No. 691,§ 130, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 56, eff. 7/24/2019.

Amended by Act 2013, No. 324,§ 1, eff. 8/16/2013.

Acts 1969, No. 641, § 10; 1981, No. 521, § 1; A.S.A. 1947, § 21-2010; Acts 1987, No. 693, § 4; 1993, No. 328, § 1; 1993, No. 348, § 1; 1993, No. 1219, § 13; 2001, No. 1184, § 3; 2003, No. 297, § 6.
Ark. Code Ann. § 17-3-102 — AR Code / Title 17 / Chapter 3 / Section 17-3-102
Licensing restrictions based on criminal records
Status: in_force

(a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law: (1) Capital murder as prohibited in § 5-10-101 ; (2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103 ; (3) Manslaughter as prohibited in § 5-10-104 ; (4) Negligent homicide as prohibited in § 5-10-105 ; (5) Kidnapping as prohibited in § 5-11-102 ; (6) False imprisonment in the first degree as prohibited in § 5-11-103 ; (7) Permanent detention or restraint as prohibited in § 5-11-106 ; (8) Robbery as prohibited in § 5-12-102 ; (9) Aggravated robbery as prohibited in § 5-12-103 ; (10) Battery in the first degree as prohibited in § 5-13-201 ; (11) Aggravated assault as prohibited in § 5-13-204 ; (12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ; (13) 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; (14) Terroristic threatening in the first degree as prohibited in § 5-13-301 ; (15) Rape as prohibited in § 5-14-103 ; (16) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (17) Sexual extortion as prohibited in § 5-14-113 ; (18) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (19) Incest as prohibited in § 5-26-202 ; (20) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ; (21) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (22) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (23) Permitting the abuse of a minor as prohibited in § 5-27-221 ; (24) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print media 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 ; (25) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (26) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (27) Felony adult abuse as prohibited in § 5-28-103 ; (28) Theft of property as prohibited in § 5-36-103 ; (29) Theft by receiving as prohibited in § 5-36-106 ; (30) Arson as prohibited in § 5-38-301 ; (31) Burglary as prohibited in § 5-39-201 ; (32) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 , and §§ 5-64-419 - 5-64-442 ; (33) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (34) Stalking as prohibited in § 5-71-229 ; (35) 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; and (36) All other crimes referenced in this title. (b) (1) If an individual has been convicted of a crime listed in subsection (a) or subsection (e) of this section, a licensing entity may waive disqualification or revocation of a license based on the conviction if a request for a waiver is made by: (A) An affected applicant for a license; or (B) The individual holding a license subject to revocation. (2) A basis upon which a waiver may be granted includes without limitation: (A) The age at which the offense was committed; (B) The circumstances surrounding the offense; (C) The length of time since the offense was committed; (D) Subsequent work history since the offense was committed; (E) Employment references since the offense was committed; (F) Character references since the offense was committed; (G) Relevance of the offense to the occupational license; and (H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public. (3) The waiver requirements of this section are not required for a renewal of a license if an individual has been convicted of a crime listed in subsection (a) of this section and has either: (A) Completed the waiver requirements of this section at his or her initial licensure; (B) Been licensed in this state before the enactment of subsection (a) of this section; or (C) Attended a professional or occupational school, program, or training in pursuit of an occupational license before the enactment of subsection (a) of this section and would have been qualified to hold an occupational license on or before July 24, 2019. (c) If an individual has a valid criminal conviction for an offense that could disqualify the individual from receiving a license, the disqualification shall not be considered for more than five (5) years from the date of conviction or incarceration or on which probation ends, whichever date is the latest, if the individual: (A) Was not convicted for committing a violent or sexual offense; and (B) Has not been convicted of any other offense during the five-year disqualification period. (d) A licensing entity shall not, as a basis upon which a license may be granted or denied: (1) Use vague or generic terms, including without limitation the phrases "moral turpitude" and "good character"; or (2) Consider arrests without a subsequent conviction. (e) Due to the serious nature of the offenses, the following shall result in disqualification for licensure, regardless of the date of conviction or the date on which probation or incarceration ends unless a waiver is granted under subsection (b) of this section: (1) Capital murder as prohibited in § 5-10-101 ; (2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (3) Kidnapping as prohibited in § 5-11-102 ; (4) 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; (5) Rape as prohibited in § 5-14-103 ; (6) Sexual extortion as prohibited in § 5-14-113 ; (7) 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 ; (8) Incest as prohibited in § 5-26-202 ; (9) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (10) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (11) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ; (12) Arson as prohibited in § 5-38-301 ; and (13) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print media 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 . (f) This chapter does not preclude a licensing entity from taking emergency action against a licensee as authorized under § 25-15-211 for the sake of public health, safety, or welfare. (g) The disqualification for an offense listed in subsection (a) of this section and the disqualification for an offense listed in subsection (e) of this section do not apply to: (1) An individual who holds a valid license on July 24, 2019; (2) An individual who holds a valid license on or before July 24, 2019, but failed to renew his or her license for any reason; or (3) An individual who was a student on or before July 24, 2019, in a professional or occupational school, program, or training in pursuit of an occupational license and would have been qualified to hold an occupational license on or before July 24, 2019. (h) This section does not apply to licensure or certification: (1) Of professions not governed by this title; (2) Of polygraph examiners and voice stress analysis examiners under § 17-39-101 et seq.; (3) Of private investigators and private security agencies under the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.; (4) Of body artists under § 17-26-601 et seq. who hold a valid license on or before July 1, 2024; or (5) Of cosmetologists licensed under Title 17, Chapter 26, Subchapter 3. Amended by Act 2023, No. 688,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 619,§ 21, eff. 8/1/2023. Amended by Act 2023, No. 516,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 21,§ 10, eff. 8/1/2023. Amended by Act 2021, No. 900,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 826,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 762,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 762,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 748,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 748,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 748,§ 1, eff. 7/28/2021. Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.

(a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law: (1) Capital murder as prohibited in § 5-10-101 ; (2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103 ; (3) Manslaughter as prohibited in § 5-10-104 ; (4) Negligent homicide as prohibited in § 5-10-105 ; (5) Kidnapping as prohibited in § 5-11-102 ; (6) False imprisonment in the first degree as prohibited in § 5-11-103 ; (7) Permanent detention or restraint as prohibited in § 5-11-106 ; (8) Robbery as prohibited in § 5-12-102 ; (9) Aggravated robbery as prohibited in § 5-12-103 ; (10) Battery in the first degree as prohibited in § 5-13-201 ; (11) Aggravated assault as prohibited in § 5-13-204 ; (12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ; (13) 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; (14) Terroristic threatening in the first degree as prohibited in § 5-13-301 ; (15) Rape as prohibited in § 5-14-103 ; (16) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony; (17) Sexual extortion as prohibited in § 5-14-113 ; (18) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ; (19) Incest as prohibited in § 5-26-202 ; (20) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ; (21) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (22) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (23) Permitting the abuse of a minor as prohibited in § 5-27-221 ; (24) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print media 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 ; (25) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ; (26) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ; (27) Felony adult abuse as prohibited in § 5-28-103 ; (28) Theft of property as prohibited in § 5-36-103 ; (29) Theft by receiving as prohibited in § 5-36-106 ; (30) Arson as prohibited in § 5-38-301 ; (31) Burglary as prohibited in § 5-39-201 ; (32) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 , and §§ 5-64-419 - 5-64-442 ; (33) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ; (34) Stalking as prohibited in § 5-71-229 ; (35) 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; and (36) All other crimes referenced in this title.

(1) Capital murder as prohibited in § 5-10-101 ;

(2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103 ;

(3) Manslaughter as prohibited in § 5-10-104 ;

(4) Negligent homicide as prohibited in § 5-10-105 ;

(5) Kidnapping as prohibited in § 5-11-102 ;

(6) False imprisonment in the first degree as prohibited in § 5-11-103 ;

(7) Permanent detention or restraint as prohibited in § 5-11-106 ;

(8) Robbery as prohibited in § 5-12-102 ;

(9) Aggravated robbery as prohibited in § 5-12-103 ;

(10) Battery in the first degree as prohibited in § 5-13-201 ;

(11) Aggravated assault as prohibited in § 5-13-204 ;

(12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210 ;

(13) 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;

(14) Terroristic threatening in the first degree as prohibited in § 5-13-301 ;

(15) Rape as prohibited in § 5-14-103 ;

(16) Sexual indecency with a child as prohibited in § 5-14-110 , if the offense is a felony;

(17) Sexual extortion as prohibited in § 5-14-113 ;

(18) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 - 5-14-127 ;

(19) Incest as prohibited in § 5-26-202 ;

(20) Offenses against the family as prohibited in §§ 5-26-303 - 5-26-306 ;

(21) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ;

(22) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ;

(23) Permitting the abuse of a minor as prohibited in § 5-27-221 ;

(24) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print media 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 ;

(25) Possession or use of child sexual abuse material as prohibited in § 5-27-603 ;

(26) Computer exploitation of a child in the first degree as prohibited in § 5-27-605 ;

(27) Felony adult abuse as prohibited in § 5-28-103 ;

(28) Theft of property as prohibited in § 5-36-103 ;

(29) Theft by receiving as prohibited in § 5-36-106 ;

(30) Arson as prohibited in § 5-38-301 ;

(31) Burglary as prohibited in § 5-39-201 ;

(32) Felony violation of the Uniform Controlled Substances Act, § 5-64-101 et seq., as prohibited in the former § 5-64-401 , and §§ 5-64-419 - 5-64-442 ;

(33) Promotion of prostitution in the first degree as prohibited in § 5-70-104 ;

(34) Stalking as prohibited in § 5-71-229 ;

(35) 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; and

(36) All other crimes referenced in this title.

(b) (1) If an individual has been convicted of a crime listed in subsection (a) or subsection (e) of this section, a licensing entity may waive disqualification or revocation of a license based on the conviction if a request for a waiver is made by: (A) An affected applicant for a license; or (B) The individual holding a license subject to revocation. (2) A basis upon which a waiver may be granted includes without limitation: (A) The age at which the offense was committed; (B) The circumstances surrounding the offense; (C) The length of time since the offense was committed; (D) Subsequent work history since the offense was committed; (E) Employment references since the offense was committed; (F) Character references since the offense was committed; (G) Relevance of the offense to the occupational license; and (H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public. (3) The waiver requirements of this section are not required for a renewal of a license if an individual has been convicted of a crime listed in subsection (a) of this section and has either: (A) Completed the waiver requirements of this section at his or her initial licensure; (B) Been licensed in this state before the enactment of subsection (a) of this section; or (C) Attended a professional or occupational school, program, or training in pursuit of an occupational license before the enactment of subsection (a) of this section and would have been qualified to hold an occupational license on or before July 24, 2019.

(1) If an individual has been convicted of a crime listed in subsection (a) or subsection (e) of this section, a licensing entity may waive disqualification or revocation of a license based on the conviction if a request for a waiver is made by: (A) An affected applicant for a license; or (B) The individual holding a license subject to revocation.

(A) An affected applicant for a license; or

(B) The individual holding a license subject to revocation.

(2) A basis upon which a waiver may be granted includes without limitation: (A) The age at which the offense was committed; (B) The circumstances surrounding the offense; (C) The length of time since the offense was committed; (D) Subsequent work history since the offense was committed; (E) Employment references since the offense was committed; (F) Character references since the offense was committed; (G) Relevance of the offense to the occupational license; and (H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

(A) The age at which the offense was committed;

(B) The circumstances surrounding the offense;

(C) The length of time since the offense was committed;

(D) Subsequent work history since the offense was committed;

(E) Employment references since the offense was committed;

(F) Character references since the offense was committed;

(G) Relevance of the offense to the occupational license; and

(H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

(3) The waiver requirements of this section are not required for a renewal of a license if an individual has been convicted of a crime listed in subsection (a) of this section and has either: (A) Completed the waiver requirements of this section at his or her initial licensure; (B) Been licensed in this state before the enactment of subsection (a) of this section; or (C) Attended a professional or occupational school, program, or training in pursuit of an occupational license before the enactment of subsection (a) of this section and would have been qualified to hold an occupational license on or before July 24, 2019.

(A) Completed the waiver requirements of this section at his or her initial licensure;

(B) Been licensed in this state before the enactment of subsection (a) of this section; or

(C) Attended a professional or occupational school, program, or training in pursuit of an occupational license before the enactment of subsection (a) of this section and would have been qualified to hold an occupational license on or before July 24, 2019.

(c) If an individual has a valid criminal conviction for an offense that could disqualify the individual from receiving a license, the disqualification shall not be considered for more than five (5) years from the date of conviction or incarceration or on which probation ends, whichever date is the latest, if the individual: (A) Was not convicted for committing a violent or sexual offense; and (B) Has not been convicted of any other offense during the five-year disqualification period.

(A) Was not convicted for committing a violent or sexual offense; and

(B) Has not been convicted of any other offense during the five-year disqualification period.

(d) A licensing entity shall not, as a basis upon which a license may be granted or denied: (1) Use vague or generic terms, including without limitation the phrases "moral turpitude" and "good character"; or (2) Consider arrests without a subsequent conviction.

(1) Use vague or generic terms, including without limitation the phrases "moral turpitude" and "good character"; or

(2) Consider arrests without a subsequent conviction.

(e) Due to the serious nature of the offenses, the following shall result in disqualification for licensure, regardless of the date of conviction or the date on which probation or incarceration ends unless a waiver is granted under subsection (b) of this section: (1) Capital murder as prohibited in § 5-10-101 ; (2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ; (3) Kidnapping as prohibited in § 5-11-102 ; (4) 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; (5) Rape as prohibited in § 5-14-103 ; (6) Sexual extortion as prohibited in § 5-14-113 ; (7) 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 ; (8) Incest as prohibited in § 5-26-202 ; (9) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ; (10) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ; (11) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ; (12) Arson as prohibited in § 5-38-301 ; and (13) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print media 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 .

(1) Capital murder as prohibited in § 5-10-101 ;

(2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103 ;

(3) Kidnapping as prohibited in § 5-11-102 ;

(4) 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;

(5) Rape as prohibited in § 5-14-103 ;

(6) Sexual extortion as prohibited in § 5-14-113 ;

(7) 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 ;

(8) Incest as prohibited in § 5-26-202 ;

(9) Endangering the welfare of an incompetent person in the first degree as prohibited in § 5-27-201 ;

(10) Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205 ;

(11) Adult abuse that constitutes a felony as prohibited in § 5-28-103 ;

(12) Arson as prohibited in § 5-38-301 ; and

(13) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print media 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 .

(f) This chapter does not preclude a licensing entity from taking emergency action against a licensee as authorized under § 25-15-211 for the sake of public health, safety, or welfare.

(g) The disqualification for an offense listed in subsection (a) of this section and the disqualification for an offense listed in subsection (e) of this section do not apply to: (1) An individual who holds a valid license on July 24, 2019; (2) An individual who holds a valid license on or before July 24, 2019, but failed to renew his or her license for any reason; or (3) An individual who was a student on or before July 24, 2019, in a professional or occupational school, program, or training in pursuit of an occupational license and would have been qualified to hold an occupational license on or before July 24, 2019.

(1) An individual who holds a valid license on July 24, 2019;

(2) An individual who holds a valid license on or before July 24, 2019, but failed to renew his or her license for any reason; or

(3) An individual who was a student on or before July 24, 2019, in a professional or occupational school, program, or training in pursuit of an occupational license and would have been qualified to hold an occupational license on or before July 24, 2019.

(h) This section does not apply to licensure or certification: (1) Of professions not governed by this title; (2) Of polygraph examiners and voice stress analysis examiners under § 17-39-101 et seq.; (3) Of private investigators and private security agencies under the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.; (4) Of body artists under § 17-26-601 et seq. who hold a valid license on or before July 1, 2024; or (5) Of cosmetologists licensed under Title 17, Chapter 26, Subchapter 3.

(1) Of professions not governed by this title;

(2) Of polygraph examiners and voice stress analysis examiners under § 17-39-101 et seq.;

(3) Of private investigators and private security agencies under the Private Security Agency, Private Investigator, and School Security Licensing and Credentialing Act, § 17-40-101 et seq.;

(4) Of body artists under § 17-26-601 et seq. who hold a valid license on or before July 1, 2024; or

(5) Of cosmetologists licensed under Title 17, Chapter 26, Subchapter 3.

Amended by Act 2023, No. 688,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 619,§ 21, eff. 8/1/2023.

Amended by Act 2023, No. 516,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 21,§ 10, eff. 8/1/2023.

Amended by Act 2021, No. 900,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 826,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 762,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 762,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 748,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 748,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 748,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 17-43-308 — AR Code / Title 17 / Chapter 43 / Subchapter 3 / Section 17-43-308
Expiration and renewal
Status: in_force

Each certificate of registration issued by the Arkansas State Board of Sanitarians shall expire on June 30 following the date of issuance. A renewal certificate may be issued: (1) To the holder of a current certificate of registration who makes application before the expiration of his or her current certificate and pays a renewal fee of twenty dollars ($20.00). Satisfactory proof of complying with the board's continuing education requirements must accompany renewal applications; and (2) To a former registered sanitarian whose certificate has been suspended or revoked, who makes application not more than sixty (60) days after the expiration date of the last certificate issued to him or her, and who pays a renewal fee of forty dollars ($40.00) and complies with continuing education requirements. Acts 1957, No. 281, § 15; 1977, No. 257, § 3; 1985, No. 582, § 6; A.S.A. 1947, § 71-1615.

Each certificate of registration issued by the Arkansas State Board of Sanitarians shall expire on June 30 following the date of issuance. A renewal certificate may be issued:

(1) To the holder of a current certificate of registration who makes application before the expiration of his or her current certificate and pays a renewal fee of twenty dollars ($20.00). Satisfactory proof of complying with the board's continuing education requirements must accompany renewal applications; and

(2) To a former registered sanitarian whose certificate has been suspended or revoked, who makes application not more than sixty (60) days after the expiration date of the last certificate issued to him or her, and who pays a renewal fee of forty dollars ($40.00) and complies with continuing education requirements.

Acts 1957, No. 281, § 15; 1977, No. 257, § 3; 1985, No. 582, § 6; A.S.A. 1947, § 71-1615.
Ark. Code Ann. § 17-87-402 — AR Code / Title 17 / Chapter 87 / Subchapter 4 / Section 17-87-402
Institutions of higher education - Challenge and validation examinations - Definitions
Status: in_force

(a) As used in this section: (1) "Challenge examination" means a test designed to determine the level of knowledge of the person being tested in the subject area of the test. Challenge examinations may cover any area of academic pursuit; and (2) "Validation examination" means an evaluation of prior knowledge, experience, or skills. Validation examinations are administered to determine the proper placement of the examinee within a nurse training program. (b) The Division of Higher Education shall: (1) Encourage and supervise the development of methods of validation of nursing knowledge and skills through written and clinical testing mechanisms; (2) Review and approve validation and challenge examinations for fairness and relevant content; (3) Set uniform passing scores to be used by institutions of higher education in this state for passing standardized validation and challenge examinations when the passing scores are not determined at the national level; and (4) Require schools using individual school-made tests to select one (1) standard passing score for each test which any level of student must achieve to receive credit. (c) All institutions of higher education in this state shall use standardized validation and challenge examinations or devise their own. All challenge examinations and all validation examinations shall be submitted to the division for its approval. Upon the successful passing of a validation examination or challenge examination, the examinee shall be given credit for the course which is the subject of the test. (d) Each Arkansas institution of higher education shall accept the credit given by other Arkansas institutions of higher education for the successful passing of a challenge examination or a validation examination on any course required in the nursing curriculum. (e) (1) Licensed practical nurses and licensed psychiatric technician nurses may transfer or challenge by test, or validate, up to thirty (30) semester credit hours from the total nursing program curriculum upon entering diploma, associate degree, or baccalaureate degree programs in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred. (2) Registered nurses may transfer or challenge by test, or validate, up to sixty (60) semester credit hours from the total nursing program curriculum upon entering a baccalaureate degree program in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred. Amended by Act 2019, No. 910,§ 2245, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2244, eff. 7/1/2019. Acts 1979, No. 88, §§ 1-5; A.S.A. 1947, §§ 72-759.1 -- 72-759.5.

(a) As used in this section: (1) "Challenge examination" means a test designed to determine the level of knowledge of the person being tested in the subject area of the test. Challenge examinations may cover any area of academic pursuit; and (2) "Validation examination" means an evaluation of prior knowledge, experience, or skills. Validation examinations are administered to determine the proper placement of the examinee within a nurse training program.

(1) "Challenge examination" means a test designed to determine the level of knowledge of the person being tested in the subject area of the test. Challenge examinations may cover any area of academic pursuit; and

(2) "Validation examination" means an evaluation of prior knowledge, experience, or skills. Validation examinations are administered to determine the proper placement of the examinee within a nurse training program.

(b) The Division of Higher Education shall: (1) Encourage and supervise the development of methods of validation of nursing knowledge and skills through written and clinical testing mechanisms; (2) Review and approve validation and challenge examinations for fairness and relevant content; (3) Set uniform passing scores to be used by institutions of higher education in this state for passing standardized validation and challenge examinations when the passing scores are not determined at the national level; and (4) Require schools using individual school-made tests to select one (1) standard passing score for each test which any level of student must achieve to receive credit.

(1) Encourage and supervise the development of methods of validation of nursing knowledge and skills through written and clinical testing mechanisms;

(2) Review and approve validation and challenge examinations for fairness and relevant content;

(3) Set uniform passing scores to be used by institutions of higher education in this state for passing standardized validation and challenge examinations when the passing scores are not determined at the national level; and

(4) Require schools using individual school-made tests to select one (1) standard passing score for each test which any level of student must achieve to receive credit.

(c) All institutions of higher education in this state shall use standardized validation and challenge examinations or devise their own. All challenge examinations and all validation examinations shall be submitted to the division for its approval. Upon the successful passing of a validation examination or challenge examination, the examinee shall be given credit for the course which is the subject of the test.

(d) Each Arkansas institution of higher education shall accept the credit given by other Arkansas institutions of higher education for the successful passing of a challenge examination or a validation examination on any course required in the nursing curriculum.

(e) (1) Licensed practical nurses and licensed psychiatric technician nurses may transfer or challenge by test, or validate, up to thirty (30) semester credit hours from the total nursing program curriculum upon entering diploma, associate degree, or baccalaureate degree programs in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred. (2) Registered nurses may transfer or challenge by test, or validate, up to sixty (60) semester credit hours from the total nursing program curriculum upon entering a baccalaureate degree program in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred.

(1) Licensed practical nurses and licensed psychiatric technician nurses may transfer or challenge by test, or validate, up to thirty (30) semester credit hours from the total nursing program curriculum upon entering diploma, associate degree, or baccalaureate degree programs in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred.

(2) Registered nurses may transfer or challenge by test, or validate, up to sixty (60) semester credit hours from the total nursing program curriculum upon entering a baccalaureate degree program in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred.

Amended by Act 2019, No. 910,§ 2245, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2244, eff. 7/1/2019.

Acts 1979, No. 88, §§ 1-5; A.S.A. 1947, §§ 72-759.1 -- 72-759.5.
Ark. Code Ann. § 17-32-305 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-305
Examinations
Status: in_force

(a) Examinations shall be held at least annually. (b) The State Board of Registration for Professional Geologists shall determine the scope, form, and content of the examinations. Acts 1987, No. 470, § 13; 1987, No. 701, § 14.

(a) Examinations shall be held at least annually.

(b) The State Board of Registration for Professional Geologists shall determine the scope, form, and content of the examinations.

Acts 1987, No. 470, § 13; 1987, No. 701, § 14.
Ark. Code Ann. § 17-36-305 — AR Code / Title 17 / Chapter 36 / Subchapter 3 / Section 17-36-305
Fees - Penalty for nonpayment
Status: in_force

(a) (1) Every landscape architect shall pay an annual license fee in an amount determined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers not to exceed three hundred dollars ($300). The fee shall be due and payable annually on a date designated by the board. (2) (A) Each license shall expire annually on a date designated by the board, and each licensee whose license is not renewed by the board within thirty (30) days thereafter shall not perform or offer to perform any work or service as a landscape architect. (B) The board shall issue a renewal to each licensee who submits: (i) A renewal application on a form approved by and received by the board; (ii) The annual license fee under subdivision (a)(1) of this section; and (iii) Documentation acceptable to the board of the minimum number of continuing education units. (C) A landscape architect who does not renew his or her license within thirty (30) calendar days after the expiration of the prior year's license shall pay a late fee not to exceed fifty dollars ($50.00) each month or part thereof not to exceed ninety (90) calendar days after the expiration date. (D) A license that is not renewed within ninety (90) calendar days after the expiration date is void and shall not be renewed. (E) (i) A landscape architect who fails to renew his or her license within ninety (90) calendar days after the expiration date due to nonpayment of fees or failure to comply with continuing education requirements may apply for reinstatement of his or her license. (ii) The application for reinstatement shall be accompanied by documentation of continuing education units, a reinstatement fee not to exceed five hundred dollars ($500) per year for each year or portion thereof since the date of expiration of the license, both as determined by the board, and the annual license fee. (iii) The board may reinstate the license if it determines that the applicant is able to practice as a landscape architect without danger to the public health, safety, and welfare. (iv) However, after three (3) years following the expiration date of a license that has not been renewed or reinstated by the board, the applicant may be relicensed only upon successful completion of the examination for new applicants under this chapter and other proof of the applicant's qualifications to practice landscape architecture as required by the board. (b) (1) The fees for examination and reexamination shall be the cost of the examination as determined by the board. (2) The application fee shall not exceed two hundred fifty dollars ($250). (3) The examination administration fee shall not exceed two hundred fifty dollars ($250). (4) The fee for a duplicate certificate shall not exceed one hundred dollars ($100). (c) The board may provide for the issuing of emeritus licenses at an annual fee and subject to conditions as determined by the board to landscape architects who: (1) Are at least sixty-five (65) years of age; (2) Have retired; and (3) Do not practice landscape architecture. Acts 1975, No. 353, § 3; A.S.A. 1947, § 71-2903; Acts 2001, No. 617, § 16; 2009, No. 1367, § 18.

(a) (1) Every landscape architect shall pay an annual license fee in an amount determined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers not to exceed three hundred dollars ($300). The fee shall be due and payable annually on a date designated by the board. (2) (A) Each license shall expire annually on a date designated by the board, and each licensee whose license is not renewed by the board within thirty (30) days thereafter shall not perform or offer to perform any work or service as a landscape architect. (B) The board shall issue a renewal to each licensee who submits: (i) A renewal application on a form approved by and received by the board; (ii) The annual license fee under subdivision (a)(1) of this section; and (iii) Documentation acceptable to the board of the minimum number of continuing education units. (C) A landscape architect who does not renew his or her license within thirty (30) calendar days after the expiration of the prior year's license shall pay a late fee not to exceed fifty dollars ($50.00) each month or part thereof not to exceed ninety (90) calendar days after the expiration date. (D) A license that is not renewed within ninety (90) calendar days after the expiration date is void and shall not be renewed. (E) (i) A landscape architect who fails to renew his or her license within ninety (90) calendar days after the expiration date due to nonpayment of fees or failure to comply with continuing education requirements may apply for reinstatement of his or her license. (ii) The application for reinstatement shall be accompanied by documentation of continuing education units, a reinstatement fee not to exceed five hundred dollars ($500) per year for each year or portion thereof since the date of expiration of the license, both as determined by the board, and the annual license fee. (iii) The board may reinstate the license if it determines that the applicant is able to practice as a landscape architect without danger to the public health, safety, and welfare. (iv) However, after three (3) years following the expiration date of a license that has not been renewed or reinstated by the board, the applicant may be relicensed only upon successful completion of the examination for new applicants under this chapter and other proof of the applicant's qualifications to practice landscape architecture as required by the board.

(1) Every landscape architect shall pay an annual license fee in an amount determined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers not to exceed three hundred dollars ($300). The fee shall be due and payable annually on a date designated by the board.

(2) (A) Each license shall expire annually on a date designated by the board, and each licensee whose license is not renewed by the board within thirty (30) days thereafter shall not perform or offer to perform any work or service as a landscape architect. (B) The board shall issue a renewal to each licensee who submits: (i) A renewal application on a form approved by and received by the board; (ii) The annual license fee under subdivision (a)(1) of this section; and (iii) Documentation acceptable to the board of the minimum number of continuing education units. (C) A landscape architect who does not renew his or her license within thirty (30) calendar days after the expiration of the prior year's license shall pay a late fee not to exceed fifty dollars ($50.00) each month or part thereof not to exceed ninety (90) calendar days after the expiration date. (D) A license that is not renewed within ninety (90) calendar days after the expiration date is void and shall not be renewed. (E) (i) A landscape architect who fails to renew his or her license within ninety (90) calendar days after the expiration date due to nonpayment of fees or failure to comply with continuing education requirements may apply for reinstatement of his or her license. (ii) The application for reinstatement shall be accompanied by documentation of continuing education units, a reinstatement fee not to exceed five hundred dollars ($500) per year for each year or portion thereof since the date of expiration of the license, both as determined by the board, and the annual license fee. (iii) The board may reinstate the license if it determines that the applicant is able to practice as a landscape architect without danger to the public health, safety, and welfare. (iv) However, after three (3) years following the expiration date of a license that has not been renewed or reinstated by the board, the applicant may be relicensed only upon successful completion of the examination for new applicants under this chapter and other proof of the applicant's qualifications to practice landscape architecture as required by the board.

(A) Each license shall expire annually on a date designated by the board, and each licensee whose license is not renewed by the board within thirty (30) days thereafter shall not perform or offer to perform any work or service as a landscape architect.

(B) The board shall issue a renewal to each licensee who submits: (i) A renewal application on a form approved by and received by the board; (ii) The annual license fee under subdivision (a)(1) of this section; and (iii) Documentation acceptable to the board of the minimum number of continuing education units.

(i) A renewal application on a form approved by and received by the board;

(ii) The annual license fee under subdivision (a)(1) of this section; and

(iii) Documentation acceptable to the board of the minimum number of continuing education units.

(C) A landscape architect who does not renew his or her license within thirty (30) calendar days after the expiration of the prior year's license shall pay a late fee not to exceed fifty dollars ($50.00) each month or part thereof not to exceed ninety (90) calendar days after the expiration date.

(D) A license that is not renewed within ninety (90) calendar days after the expiration date is void and shall not be renewed.

(E) (i) A landscape architect who fails to renew his or her license within ninety (90) calendar days after the expiration date due to nonpayment of fees or failure to comply with continuing education requirements may apply for reinstatement of his or her license. (ii) The application for reinstatement shall be accompanied by documentation of continuing education units, a reinstatement fee not to exceed five hundred dollars ($500) per year for each year or portion thereof since the date of expiration of the license, both as determined by the board, and the annual license fee. (iii) The board may reinstate the license if it determines that the applicant is able to practice as a landscape architect without danger to the public health, safety, and welfare. (iv) However, after three (3) years following the expiration date of a license that has not been renewed or reinstated by the board, the applicant may be relicensed only upon successful completion of the examination for new applicants under this chapter and other proof of the applicant's qualifications to practice landscape architecture as required by the board.

(i) A landscape architect who fails to renew his or her license within ninety (90) calendar days after the expiration date due to nonpayment of fees or failure to comply with continuing education requirements may apply for reinstatement of his or her license.

(ii) The application for reinstatement shall be accompanied by documentation of continuing education units, a reinstatement fee not to exceed five hundred dollars ($500) per year for each year or portion thereof since the date of expiration of the license, both as determined by the board, and the annual license fee.

(iii) The board may reinstate the license if it determines that the applicant is able to practice as a landscape architect without danger to the public health, safety, and welfare.

(iv) However, after three (3) years following the expiration date of a license that has not been renewed or reinstated by the board, the applicant may be relicensed only upon successful completion of the examination for new applicants under this chapter and other proof of the applicant's qualifications to practice landscape architecture as required by the board.

(b) (1) The fees for examination and reexamination shall be the cost of the examination as determined by the board. (2) The application fee shall not exceed two hundred fifty dollars ($250). (3) The examination administration fee shall not exceed two hundred fifty dollars ($250). (4) The fee for a duplicate certificate shall not exceed one hundred dollars ($100).

(1) The fees for examination and reexamination shall be the cost of the examination as determined by the board.

(2) The application fee shall not exceed two hundred fifty dollars ($250).

(3) The examination administration fee shall not exceed two hundred fifty dollars ($250).

(4) The fee for a duplicate certificate shall not exceed one hundred dollars ($100).

(c) The board may provide for the issuing of emeritus licenses at an annual fee and subject to conditions as determined by the board to landscape architects who: (1) Are at least sixty-five (65) years of age; (2) Have retired; and (3) Do not practice landscape architecture.

(1) Are at least sixty-five (65) years of age;

(2) Have retired; and

(3) Do not practice landscape architecture.

Acts 1975, No. 353, § 3; A.S.A. 1947, § 71-2903; Acts 2001, No. 617, § 16; 2009, No. 1367, § 18.