(a) Required qualifications.

1. (1) An applicant applying for reciprocal licensure shall meet the following requirements.

2. (2)

   1. (A) The applicant shall hold a substantially similar license in another United States jurisdiction.
   2. (B) A license from another state is substantially similar to an Arkansas license if the other state’s licensure qualifications require:

(i) The applicant shall hold his or her occupational licensure in good standing;

1. (ii) The applicant shall not have had a license revoked for:

(b) (b) A violation of law, rule, or ethics; and

1. (iii) The applicant shall not hold a suspended or probationary license in a United States jurisdiction.

2. (3) Required documentation.

   1. (A) An applicant shall submit a fully executed application, the required fee, and the documentation described below.

   2. (B) As evidence that the applicant’s license from another jurisdiction is substantially similar to Arkansas, the applicant shall submit the following information:

      1. (i)

(b) (b) The Department of Health may verify this information online if the jurisdiction at issue provides primary source verification on its website or by telephone to the other’s state’s licensing board; and

1. (ii)

(b) (b) The department may verify this information online or by telephone to the other’s state’s licensing group.

1. (C)

   1. (i) To demonstrate that the applicant meets the requirements in this subsection the applicant shall provide the department with:

(b) (b) Letters of good standing or other information from each state in which the applicant is currently or has ever been licensed showing that the applicant:

1. (1) (1) Has not had his or her license revoked for the reasons listed in this subsection; and

2. (2) (2) Does not hold a license on suspended or probationary status as described in this subsection.

   1. (ii) The department may verify this information:

(b) Temporary and provisional license.

1. (1)

   1. (A) The department shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under this section.
   2. (B) The temporary and provisional license shall be effective for least ninety (90) days or until the department makes a decision on the application, unless the department determines that the applicant does not meet the requirements in the reciprocity subdivisions in this section in which case the provisional and temporary license shall be immediately revoked.

2. (2) An applicant may:

   1. (A) Provide the rest of the documentation required above in order to receive a license; or
   2. (B) Only provide the information necessary for the issuance of a temporary and provisional license.
3. (3) License for person from state that does not license profession, Acts 2019, No. 1011, Arkansas Code § 17-1-108(d)(2).

4. (4) Required documentation.

   1. (A) An applicant shall submit a fully executed application, the required fee, and the documentation described below.
   2. (B) Passing the required test for Septic Tank Cleaner.
5. (5) Reciprocity and state-specific education — Acts 2019, No. 1011, Arkansas Code § 17-1-108(d)(3). The department shall require an applicant to take the test if the applicant is licensed in another state that does not offer reciprocity to Arkansas residents that is similar to reciprocity provided to out-of-state applicants in Arkansas Code § 17-1-108.

6. (6) Reciprocity in another state will be considered similar to reciprocity under Arkansas Code § 17-1-108 if the reciprocity provisions in the other state:

   1. (A) Provide the least restrictive path to licensure for Arkansas applicants;
   2. (B) Do not require Arkansas applicants to participate in the apprenticeship, education, or training required as a prerequisite to licensure of a new professional in that state, except that the state may require Arkansas applicants to participate in continuing education or training that is required for all professionals in that state to maintain the licensure; and

   3. (C) Do not require Arkansas applicants to take a state-specific education unless required to do so under the same conditions described in Arkansas Code § 17-1-108.

      1. (c) Prohibiting criminal offenses.

7. (1) 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 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:

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

9. (3)

   1. (A) The department is not authorized to conduct criminal background checks, but may inquire about criminal convictions upon application or renewal of a license.

   2. (B) Any applicant or licensee who provides false information to the State Board of Health regarding a criminal conviction may be subject to suspension, revocation, or denial of a license.

      1. (d) Prelicensure prohibiting offense determination.

10. (1) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether:

    1. (A) The individual’s criminal record will disqualify the individual from licensure; and
    2. (B) A waiver may be obtained.
11. (2) The individual must obtain the prelicensure criminal background check petition form from the department.
12. (3) The department will respond with a decision in writing to a completed petition within a reasonable time.
13. (4) The department response will state the reason or reasons for the decision.
14. (5) All decisions of the department in response to the petition will be determined by the information provided by the individual.
15. (6) Any decision made by the department in response to a prelicensure criminal background check petition is not subject to appeal.
16. (7) The department will retain a copy of the petition and response and it will be reviewed during the formal application process.

17. (8) 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 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. (A) Lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq.; or
    2. (B) Otherwise sealed, pardoned, or expunged under prior law.
18. (9) The department may grant a waiver as authorized by Arkansas Code § 17-3-102 in certain circumstances.
19. (10) The department is not authorized to conduct criminal background checks, but may inquire about criminal convictions upon application or renewal of a license.
20. (11) Any applicant or licensee that provides false information to the State Board of Health regarding a criminal conviction may be subject to suspension, revocation, or denial of a license.

(e) Uniformed service members licensure under Acts 2021, No. 135.

1. (1) Applicability. This subsection applies to:

   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; and

   3. (C) The spouse of subdivision (e)(1)(A) or (e)(1)(B) of this section including a uniformed service member who is:

      1. (i) Assigned a tour of duty that excludes the spouse from accompanying the uniformed service member and the spouse relocates to Arkansas; or
      2. (ii) Killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in Arkansas.

2. (2) Automatic licensure. Automatic licensure shall be granted to persons listed in subdivision (e)(1)(A) of this section if the person:

   1. (A) Is a holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; and
   2. (B) Pays the licensure fee in 17 CAR § 50-105(d).
3. (3) Credit toward initial licensure. Relevant and applicable uniformed service education, training, national certification, or service-issued credential shall be accepted toward initial licensure.
4. (4) Expiration dates. A license expiration date shall be extended for a deployed uniformed service member or spouse for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.

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

1. (1) The applicant is either:

   1. (A) In good standing for at least one (1) year for a Septic Tank Cleaner License with similar scope of practice issued by another state, territory, or district of the United States; or
   2. (B) Has worked for at least three (3) years in the septic tank cleaner occupation in another state, territory, or district of the United States that does not use a Septic Tank Cleaner Licensure to regulate the septic tank cleaner occupation for which the applicant is applying;
2. (2) The applicant does not have a disqualifying criminal offense under Arkansas Code § 17-3-102 or under any additional state law relating to the Septic Tank Cleaner Licensure;
3. (3) 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 Septic Tank Cleaner Licensure was granted;
4. (4) The applicant passes an examination specific to relevant state laws that regulate the septic tank cleaner occupation.

5. (5) The department may waive the requirement for the applicant to pass an examination specific to relevant state laws that regulate the septic tank cleaner 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:

      1. (i) Health;
      2. (ii) Safety; or
      3. (iii) Welfare.

6. (6) Upon the applicant being granted automatic occupational licensure, the applicant shall:

   1. (A) Meet all other Septic Tank Cleaner Licensure requirements; and
   2. (B) Meet all renewal requirements of the Septic Tank Cleaner Licensure, including, without limitation, a criminal background check.