(a) Prelicensure criminal background check.

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

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

(b) The board may issue a license as a licensed dietitian to an applicant who qualifies as follows:

1. (1) The applicant files an application and has:

   1. (A)

(d) (d) Food systems management.

1. (ii) Applicants who have obtained their education outside of the United States and its territories must have their academic degree or degrees validated as equivalent to the baccalaureate or post-baccalaureate degree conferred by a regionally accredited college or university in the United States;

   1. (B) Completed a planned, continuous preprofessional experience component in dietetic practice of not fewer than nine hundred (900) hours under the supervision of a registered dietitian or licensed dietitian; and
   2. (C) Passed an examination as defined by the board; or

2. (2) The applicant files an application and provides evidence of current registration as a registered dietitian by the CDR.

   1. (c)

3. (1) Applications shall be:

   1. (A) Typewritten or printed in ink;
   2. (B) Signed by the applicant; and

   3. (C) Accompanied by:

      1. (i) The appropriate fee; and
      2. (ii) Such evidence, statements, or documents as specified or required by the board.

4. (2) All applications, statements, and documents submitted shall become the property of the board.

   1. (d) The board adopts the passing score on the examination as the passing score required by the CDR.

(e) Licensure for uniformed service members and spouses.

1. (1) As used in this subsection:

   1. (A) “Automatic licensure” means the granting of occupational licensure without an individual’s having met occupational licensure requirements provided under the Arkansas Code or by other provisions in this part;

   2. (B) “Uniformed service member” means an:

      1. (i) Active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard;
      2. (ii) Active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
      3. (iii) Active or reserve component member of the United States Commissioned Corps of the Public Health Service; and
   3. (C) “Uniformed service veteran” means a former member of the United States uniformed services discharged under circumstances other than dishonorable.

2. (2) The board shall grant automatic licensure to an individual who is the holder in good standing of a license with a similar scope of practice issued by another state, territory, or district of the United States or is currently registered by the CDR as a registered dietitian and is:

   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; or

   3. (C) The spouse of a:

      1. (i) Person under subdivision (e)(2)(A) or (B) of this section;
      2. (ii) Uniformed service member who is assigned a tour of duty that excludes the uniformed service member’s spouse from accompanying the uniformed service member and the spouse relocates to this state; or
      3. (iii) 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) The board shall grant such automatic licensure upon receipt of all the below:

   1. (A) Payment of the initial licensure fee;
   2. (B) Evidence that the individual holds a substantially equivalent license in another state; and
   3. (C) Evidence that the applicant is a qualified applicant under subdivision (e)(2) of this section.
4. (4) Relevant and applicable uniformed service, education, training, national certification, or service-issued credential shall be accepted toward initial licensure.
5. (5) The expiration date of a license for a deployed uniformed service member or spouse will be extended for one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.
6. (6) A full exemption from continuing education requirements will be allowed for a deployed uniformed service member or spouse until one hundred eighty (180) days following the date of the uniformed service member’s return from deployment.

(f) Waiver request for disqualifying criminal offense.

1. (1) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e), the board 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 board 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 or safety of the public.

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

   1. (A) Be in writing; and
   2. (B) Accompany the completed application and fees.

4. (4) The board will:

   1. (A) Respond with a decision in writing; and
   2. (B) State the reasons for the decision.
5. (5) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(g) The board shall grant a license to an applicant who:

1. (1) Fulfills the Arkansas requirements for licensure; and
2. (2) Is a person who holds a federal Form I-766, United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit”.