(a) Pursuant to Acts 2023, No. 688, an individual applying for a body art or body art instructor license after July 1, 2024, may petition for a prelicensure determination of whether:
- (1) The individual’s criminal record will disqualify the individual from licensure; and
- (2) A waiver may be obtained.
- (b) The individual must obtain the prelicensure criminal background check petition form from the Department of Health.
- (c) The department will respond with a decision in writing to a completed petition within a reasonable time.
- (d) The department’s response will state the reason or reasons for the decision.
- (e) All decisions of the department in response to the petition will be determined by the information provided by the individual.
- (f) Any decision made by the department in response to a prelicensure criminal background check petition is not subject to appeal.
- (g) The department will retain a copy of the petition and response and it will be reviewed during the formal application process.