(a) Any person holding a valid license as an embalmer, funeral director, or crematory retort operator in another state, United States territory, or provincial authority, who does not intend to become a resident of this state, may apply for a license to practice in this state as an embalmer, funeral director, or crematory retort operator if the person seeking licensure meets the following requirements:

1. (1) The person must demonstrate that he or she:

   1. (A) Holds an embalmer, funeral director, or crematory retort operator or similar license or licenses in another state, territory, or district of the United States in good standing for at least one (1) year; and
   2. (B) Has not had his or her license revoked for an act of bad faith or a violation of law, rule, or ethics;
2. (2) The person must not hold a suspended or probationary occupational license in any state, territory, or district of the United States;
3. (3) The person must be qualified in his or her field; and
4. (4) The person must pay the required fee.

(b)

1. (1) Application shall be made by filing with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a certified statement completed by the examining board of the state, United States territory or provincial authority in which the applicant holds his or her license, that shows the basis upon which the license was issued.
2. (2) It is the applicant’s responsibility to request from the other state, United States territory or provincial authority where he or she holds a valid license to complete the certification of licensure form provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(d)

1. (1) To obtain a license, the applicant shall pass an exam to prove his or her proficiency, including at least, but not limited to, a minimum knowledge of the laws and rules of this state pertaining to funeral service.
2. (2) The exam may be taken at one of the regularly scheduled exam sessions set by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
3. (3) The exam may be taken once every fifteen (15) days.

(g) Automatic licensure for military service members, veterans, and spouses.

1. (1) As used in this subsection:

   1. (A) “Automatic occupational licensure” means the granting of an embalmer’s license, a funeral director’s license, a crematory retort operator’s license, an apprentice embalmer, or an apprentice funeral director without the individual’s having met occupational licensure requirements provided under Title 17 of the Arkansas Code or by this part;
   2. (B) “Occupational licensure” means a license, permit, or registration that is required for an individual to engage in apprenticeship, embalming, funeral directing, or operating a crematory retort;
   3. (C) “Returning military veteran” means a former member of the United States Armed Forces who was discharged from active duty under the circumstances other than dishonorable;
   4. (D) “Uniformed service member” means:

(g) (g) National Guard;

1. (ii) An active component member of the National Oceanic and Atmospheric Commissioned Officer Corps; or

   1. (iii) An active or reserve component member of the United States Commissioned Corps of the Public Health Service; and
   2. (E) “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable.

2. (2) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall grant automatic occupational licensure to any the following individuals:

   1. (A) A uniformed service member stationed in the State of Arkansas;
   2. (B) A uniformed service veteran who resides in or establishes residency in the State of Arkansas;
   3. (C) The spouse of a uniformed service member stationed in the State of Arkansas;
   4. (D) The spouse of a uniformed service veteran who resides in or establishes residency in the State of Arkansas;
   5. (E) The spouse of a uniformed service member who is assigned a tour of duty that excludes the uniformed service member’s spouse from accompanying the uniformed serviced member and the spouse relocates to this state; and
   6. (F) The spouse of a uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in the state.

3. (3)

   1. (A) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall grant automatic occupational licensure to any individual listed in subdivision (g)(2) of this section and is the holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States.
   2. (B) No testing will be required.
4. (4) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall accept relevant and applicable uniformed service education, training, national certifications, or service-issued credential toward occupational licensure qualifications or requirements when considering an application for initial licensure of an individual who is a uniformed service member or a uniformed service veteran who makes an application after his or her discharge from uniformed service.
5. (5) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall extend the expiration date of any license, permit, or registration issued for a deployed service member or his or her spouse for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
6. (6) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall allow for a full exemption from continuing education requirements for any individual listed in subdivision (g)(7) of this section, until one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.

7. (7) In order to allow for full exemption of continuing education, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may require evidence of completion of continuing education before granting a subsequent licensure or authorizing the renewal of the:

   1. (A) License;
   2. (B) Permit; or
   3. (C) Registration.

(h) Automatic licensure for new Arkansas residents.

1. (1) As used in this subsection:

   1. (A) “Automatic occupational licensure” means the granting of an embalmer license, a funeral director license, a crematory retort operator license, an apprentice embalmer registration, or an apprentice funeral director registration to an individual who establishes residency in this state without the individual’s having met occupational licensure requirements provided under Title 17 of the Arkansas Code or by State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services rules; and

   2. (B) “Occupational licensure” means a license, permit, or registration that is required for an individual to engage in:

      1. (i) Apprenticeship;
      2. (ii) Embalming;
      3. (iii) Funeral directing; or
      4. (iv) Operating a crematory retort.

2. (2) Unless otherwise stated in this part, this subsection applies to an individual who has:

   1. (A) Occupational licensure in another state, territory, or district of the United States; and
   2. (B) Has established a residence in this state.

3. (3) If the individual does not have a disqualifying criminal offense under Arkansas Code § 17-3-102 or any additional state law relating to the occupational licensure and does not have a complaint, allegation, or investigation pending for his or her occupational activity, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall grant automatic licensure to engage in the science of embalming, the business of funeral directing, the operation of a crematory retort, or a registration as an apprentice embalmer or apprentice funeral director to an individual who is:

   1. (A) The holder in good standing for one (1) year of:

      1. (i) Licensure as:

(b) (b) A funeral director;

1. (c) (c) A crematory retort operator;

   1. (d) (d) An apprentice embalmer; or

(e) (e) An apprentice funeral director; or

1. (ii) Other similar licensure issued by another state, territory, or district of the United States; or

   1. (B) An individual who worked:

      1. (i) In another state, territory, or district of the United States that does not use an occupational licensure for:

(b) (b) Funeral directors;

1. (c) (c) Crematory retort operators;

   1. (d) (d) Apprentice embalmers; and

(e) (e) Apprentice funeral directors; and

1. (ii) At least three (3) years in an occupation similar to:

(b) (b) Funeral directing;

1. (c) (c) Operating a crematory retort;

   1. (d) (d) Apprentice embalming; or

(e) (e) Apprentice funeral directing.

1. (4) An individual who is granted automatic licensure under this subsection shall meet all other occupational licensure requirements for a resident of this state and all renewal requirements of licensure by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, including without limitation the successful completion of a criminal background check and continuing education hours.
2. (5) Notwithstanding subdivisions (h)(3) and (h)(4) of this subsection, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may require an applicant to pass the Arkansas Laws, Rules, and Regulations Exam.

3. (6) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may waive the requirement that the applicant pass the Arkansas Laws, Rules, and Regulations Exam if the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services finds that:

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