1. (a) The Department of Health designates all forms and letters as necessary.

2. (b)

   1. (1) The Massage Therapy Technical Advisory Committee (MTTAC):

      1. (A) May meet on a quarterly basis and at other times as deemed necessary by the Department of Health; and
      2. (B) Follows all requirements of the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., and all other applicable state laws in conducting such meetings.

   2. (2)

      1. (A) The MTTAC shall consist of seven (7) members who shall be appointed by the State Board of Health for a term of three (3) years.
      2. (B) The composition of the MTTAC shall be as follows:

3. (i) Six (6) shall be licensees under the Massage Therapy Act, Arkansas Code § 17-86-101 et seq.;

   1. (ii) Only one (1) shall be an owner of a massage therapy school; and

      1. (iii) One (1) member to represent the public shall not be engaged in or retired from the practice of massage therapy.

   2. (3) The powers and duties of the MTTAC are as follows:

      1. (A) Recommend rule changes to the board;
      2. (B) Recommend CEU approval to the Department of Health; and

      3. (C) Hold initial hearings and determinations as described in 17 CAR § 52-111.

         1. (c) Requests for items to be placed on the MTTAC's agenda must be submitted to the Department of Health’s Massage Therapy Section in writing at least fourteen (14) days prior to the applicable MTTAC meeting.
         2. (d) A copy of the Massage Therapy Act and a copy of this part shall be:
   3. (1) Posted on the Department of Health’s website; and
   4. (2) Available for download.

4. (e)

   1. (1) An applicant applying for enrollment in a massage therapy school, postsecondary massage therapy school, or a massage therapy apprenticeship program or applying as a new massage therapy licensee, an individual applying for a new massage therapy school license, or a licensee applying for an upgrade issued by the Department of Health shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the:

      1. (A) Identification Bureau of the Division of Arkansas State Police; and
      2. (B) Federal Bureau of Investigation;

   2. (2) The state and federal criminal background check shall:

      1. (A) Conform to applicable federal standards; and
      2. (B) Include the taking of fingerprints;

   3. (3) The applicant shall:

      1. (A) Sign a release of information to the Department of Health; and
      2. (B) Be responsible for the payment of any fees associated with the state and federal criminal background check;
   4. (4) Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided; and
   5. (5) Results shall be sent directly to the Department of Health from the agency performing the state and federal criminal background check.
5. (f) The MTTAC may deny, suspend, place on probation, or revoke a license if a licensee or applicant has pleaded guilty or nolo contendere to or been found guilty of any felony listed under Arkansas Code § 17-3-102.

6. (g) Prelicensure criminal background check.

   1. (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.
   2. (2) The individual must obtain the prelicensure criminal background check petition form from the Department of Health.
   3. (3) The Department of Health will respond with a decision in writing to a completed petition within a reasonable time.
   4. (4) The Department of Health’s response will state the reasons for the decision.
   5. (5) All decisions of the Department of Health in response to the petition will be determined by the information provided by the individual.
   6. (6) Any and all decisions made by the Department of Health in response to a prelicensure criminal background check petition are not subject to appeal.
   7. (7) The Department of Health will keep and maintain a copy of the petition and response that will be reviewed during the formal application process.

7. (h) Waiver request.

   1. (1) If an individual has been convicted of a felony listed in Arkansas Code § 17-3-102, the Department of Health may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by an:

      1. (A) Affected applicant for a license; or
      2. (B) Individual holding a license subject to revocation.

   2. (2) The Department of Health may grant a waiver upon consideration of the following without limitation:

      1. (A) The age at which the offense was committed;
      2. (B) The circumstances surrounding the offense;
      3. (C) The length of time since the offense was committed;
      4. (D) Subsequent work history since the offense was committed;
      5. (E) Employment references since the offense was committed;
      6. (F) Character references since the offense was committed;
      7. (G) Relevance of the offense to the occupational license; and
      8. (H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health and safety of the public.

   3. (3)

      1. (A) A request for a waiver if made by an applicant must:

         1. (i) Be in writing; and
         2. (ii) Accompany the completed application and fees.
      2. (B) A request for waiver if made by a licensee must be in writing.

   4. (4) The Department of Health will:

      1. (A) Respond with a decision in writing; and
      2. (B) State the reasons for the decision.

   5. (5) Appeals under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

      1. (i)
   6. (1) Applicants for licensure are considered who have completed and graduated with a minimum of five hundred (500) in-classroom hours of massage therapy classes or proof is given of completion of the specific classes and hours taken as required in Arkansas massage schools.
   7. (2) Each course must be a passing grade of seventy-five percent (75%) or higher.

8. (j) Fee waiver under Acts 2021, No. 725.

   1. (1)

      1. (A) Pursuant to Acts 2021, No. 725, an applicant may receive a waiver of the initial licensure fee if eligible.

      2. (B) Eligible applicants are applicants who:

         1. (i) Are receiving assistance through the:
9. (a) (a) Arkansas Medicaid Program or current state of residence equivalent;

10. (b) (b) Supplemental Nutrition Assistance Program (SNAP);

    1. (c) (c) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);

       1. (d) (d) Temporary Assistance for Needy Families Program (TEA); or

11. (e) (e) Lifeline Assistance Program (LAP);

    1. (ii) Were approved for unemployment within the last twelve (12) months; or

       1. (iii) Have an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

    2. (2)

       1. (A) Applicants shall provide documentation showing their receipt of benefits from the appropriate state agency.

       2. (B) For Medicaid, SNAP, WIC, TEA, or LAP, documentation from the:

          1. (i) Department of Human Services (DHS); or
          2. (ii) Current state of residence equivalent agency.

       3. (C) For unemployment benefits approval in the last twelve (12) months, the:

          1. (i) Division of Workforce Services; or
          2. (ii) Current state of residence equivalent agency.
       4. (D) For proof of income, copies of all Internal Revenue Service forms indicating applicant’s total personal income for the most recent tax year, e.g., W2, 1099, etc.
    3. (3) Applicants shall attest that the documentation provided under subdivision (j)(2) of this section is a true and correct copy and fraudulent or fraudulently obtained documentation shall be grounds for denial or revocation of license.

12. (k) Licensure for massage therapist through apprenticeship under the Earn and Learn Act, Arkansas Code § 17-6-101 et seq.

    1. (1)

       1. (A) An applicant for licensure for massage therapist under this part shall provide satisfactory proof of completion of apprenticeship via official documentation from the apprenticeship program.

       2. (B) This documentation may be in the form of a:

          1. (i) Certificate, diploma, or similar official credential; or
          2. (ii) Letter on official program letterhead.

    2. (2) An applicant for licensure under this part shall provide satisfactory documentation that the completed apprenticeship program:

       1. (A) Meets the federal guidelines set out in 29 C.F.R. pt. 29 as existing on March 1, 2021; and

       2. (B) Has been approved by the:

          1. (i) Office of Apprenticeship; or
          2. (ii) Division of Workforce Services.
    3. (3) An applicant for licensure under this part shall meet all the other noneducational requirements for licensure under this part including 17 CAR §§ 52-115(b) and 52-117.
    4. (4) If an applicant is denied a license for failing to meet the criteria in subdivisions (k)(1) – (3) of this section, the applicant shall be provided the reason for denial in writing.

Codification Notes: “CEU” means continuing education unit.