(a) Definitions for the purpose of automatic occupational licensure. As used in this part, “automatic occupational licensure” means the granting of occupational licensure to an applicant who establishes residency in this state without the individual’s having met occupational licensure requirements provided:

1. (1) Under Title 17 of the Arkansas Code; or
2. (2) By this part.

(b) Automatic Occupational Licensure for Out-of-State Licensure Act, Acts 2023, No. 457.

1. (1) An applicant shall be eligible for automatic occupational licensure if:

   1. (A) The applicant either:

(i) Is in good standing for at least one (1) year for a Designated Representatives, Installers, and Certified Monitoring Personnel license under this part with similar scope of practice issued by another state, territory, or district of the United States; or

1. (ii) Has worked for at least three (3) years in the designated representatives, installers, or certified monitoring personnel occupation in another state, territory, or district of the United States that does not use a Designated Representatives, Installers, or Certified Monitoring Personnel licensure to regulate the designated representatives, installers, or certified monitoring personnel occupation for which the applicant is applying;

   1. (B) The applicant does not have a disqualifying criminal offense under Arkansas Code § 17-3-102 or under any additional state law relating to the Designated Representatives, Installers, or Certified Monitoring Personnel licensure;
   2. (C) The applicant does not have a complaint, allegation, or investigation pending in his or her occupational activity in this state or in the state of the applicant’s previous residency where the Designated Representatives, Installers, or Certified Monitoring Personnel licensure was granted; and
   3. (D) The applicant passes an examination specific to relevant state laws that regulate the designated representatives, installers, or certified monitoring personnel occupation.

2. (2) The Department of Health may waive the requirement for the applicant to pass an examination specific to relevant state laws that regulate the designated representatives, installers, or certified monitoring personnel occupation if the department finds that:

   1. (A) The combination of the applicant’s education, training, and experience is a sufficient substitute for the state law examination requirement; and
   2. (B) A waiver by the department will not harm public health, safety, or welfare.

3. (3) Upon the applicant being granted automatic occupational licensure, the applicant shall meet all:

   1. (A) Other designated representatives, installers, or certified monitoring personnel licensure requirements; and
   2. (B) Renewal requirements of the Designated Representatives, Installers, or Certified Monitoring Personnel licensure, including without limitation a criminal background check and continuing education hours.