Applicants for initial licensure must meet the following requirements, except for those noted in 17 CAR § 47-201(c):

1. (1) An applicant for an initial license to practice midwifery shall submit:

   1. (A) A completed application, provided by the Department of Health;
   2. (B) A passport style and size photo of the applicant, showing head and shoulders, taken within sixty (60) days prior to the submission date of the application and attached to the application;

   3. (C) A copy of one (1) of the following documents that demonstrates the applicant is twenty-one (21) years of age or older:

      1. (i) The applicant’s birth certificate;
      2. (ii) The applicant’s United States passport, United States driver’s license, or other state-issued identification document; or
      3. (iii) Any document issued by federal, state, or provincial registrar of vital statistics showing age;

   4. (D)

      1. (i) Documentation of a high school diploma or its equivalent and documentation of the highest degree attained after high school.
      2. (ii) This documentation should include the name of the issuing school or institution and the date issued;

   5. (E)

      1. (i) Documentation that applicant is:

         1. (a) (a) Certified by NARM as a CPM or by the American Midwifery Certification Board (AMCB) as a CNM or a CM, or holds a certification deemed equivalent; and
         2. (b) (b) Approved by the department.
      2. (ii) Documentation may be received in the form of a verification letter directly from the credentialing body or a notarized copy of the applicant’s credential.
      3. (iii) The department may request additional documentation to support applicants’ qualifications or certifications.
      4. (iv) It is the responsibility of the licensee to ensure relevant credentials are current at all times and documentation must be provided upon request;

   6. (F)

      1. (i) If applicable, documentation that applicant holds an MBC issued by NARM.
      2. (ii) Documentation may be received in the form of a verification letter directly from the certifying body or a notarized copy of the applicant’s certificate; and

   7. (G)

      1. (i) A list on the application form of all current professional health-related licensure including those from other jurisdictions.
      2. (ii) The department may request verification;

2. (2) Upon satisfactory review of the application by the department, the applicant:

   1. (A) Shall take the Arkansas Rules Examination, which will be administered at the department, three (3) times each year on dates chosen and publicized by the department;
   2. (B) Shall provide proof of identity upon request in the form of a government-issued photographic identification card at the time of testing;

   3. (C)

      1. (i) Shall receive a written notice of examination results.
      2. (ii) If the applicant scores eighty percent (80%) or higher on the Arkansas Rules Examination, a license will be issued; and
   4. (D) Shall be permitted to re-test if their score is below eighty percent (80%);
3. (3) All final decisions by the department denying issuance of license may be appealed to the State Board of Health pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;

4. (4) Prohibiting criminal offenses.

   1. (A) An individual is not eligible to receive or hold a license issued by the department if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Arkansas Code § 17-3-102 et seq., 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:

      1. (i) Lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq.; or
      2. (ii) Otherwise sealed, pardoned, or expunged under prior law.
   2. (B) The department may grant a waiver as authorized by Arkansas Code § 17-3-102 in certain circumstances.

   3. (C)

      1. (i) For the purpose of issuing a lay midwife license, the department is not authorized to conduct criminal background checks, but may inquire about criminal convictions upon application or renewal of a license.
      2. (ii) Any applicant or licensee who provides false information to the department regarding a criminal conviction may be subject to suspension, revocation, or denial of a license; and

5. (5) Prelicensure prohibiting offense determination.

   1. (A) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be obtained.
   2. (B) The individual must obtain the prelicensure criminal background check petition form from Appendix A of this part.
   3. (C) The department will respond with a decision in writing to a completed petition within a reasonable time.
   4. (D) The department response will state the reason or reasons for the decision.
   5. (E) All decisions of the department in response to the petition will be determined by the information provided by the individual.
   6. (F) Any decision made by the department in response to a prelicensure criminal background check petition is not subject to appeal.
   7. (G) The department will retain a copy of the petition and response and it will be reviewed during the formal application process.

Codification Notes: "CM" means certified midwife. "CNM" means certified nurse midwife. "CPM" means certified professional midwife. "MBC" means midwifery bridge certificate. "NARM" means North American Registry of Midwives.