(a) Prelicensure 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 Social Work Licensing Board.
3. (3) The Arkansas Social Work Licensing Board will respond with a decision in writing to a completed petition within a reasonable time.
4. (4) The Arkansas Social Work Licensing Board’s response will state the reasons for the decision.
5. (5) All decisions of the Arkansas Social Work Licensing Board in response to the petition will be determined by the information provided by the individual.
6. (6) Any decision made by the Arkansas Social Work Licensing Board in response to a prelicensure criminal background check petition is not subject to appeal.
7. (7) The Arkansas Social Work Licensing Board will retain a copy of the petition and response, and it will be reviewed during the formal application process.

(b)

1. (1) Application for licensure may be submitted online on the Arkansas Social Work Licensing Board’s website.

2. (2) Paper applications shall be:

   1. (A) Submitted to the Arkansas Social Work Licensing Board on the form designated by the Arkansas Social Work Licensing Board; and
   2. (B) Accompanied by the application fee.

(c)

1. (1) The applicant must request an official transcript from his or her college or university with the social work degree posted.
2. (2) The transcript must be received by the Arkansas Social Work Licensing Board directly from the college or university.
3. (3) A transcript on file with the Association of Social Work Boards will also be accepted.

(d)

1. (1) An applicant shall sign a release of information to the Arkansas Social Work Licensing Board for a state and federal criminal background check to be administered by the Identification Bureau of the Division of Arkansas State Police.
2. (2) The applicant shall be responsible for payment of any fee associated with the background check.

(e) Waiver request for offenses on background check.

1. (1) If an individual has been convicted of an offense listed in Arkansas Code § 17-2-102(a) or (e), the Arkansas Social Work Licensing 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:

   1. (A) An affected applicant for a license; or
   2. (B) An individual holding a license subject to revocation.

2. (2) The Arkansas Social Work Licensing 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 be in writing and accompany the completed application and fees.

4. (4) The Arkansas Social Work Licensing 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 subsection will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(g) Licensure for uniformed service members, uniformed service veterans, and their spouses.

1. (1) As used in this subsection, “uniformed service veteran” means a former member of the uniformed services of the United States discharged under circumstances other than dishonorable.

2. (2) The Arkansas Social Work Licensing 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 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:

(i) Person under subdivisions (g)(2)(A) or (B) of this section;

1. (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

   1. (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.

2. (3) The Arkansas Social Work Licensing Board shall grant automatic licensure upon receipt of all of the following:

   1. (A) Payment of the initial application and licensure fee;
   2. (B) Evidence that the individual holds a license with a similar scope of practice in another state; and
   3. (C) Evidence that the applicant is a qualified applicant under subdivision (g)(2) of this section.
3. (4) 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.
4. (5) 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.
5. (6) The Arkansas Social Work Licensing Board shall accept relevant and applicable uniformed service education, training, national certification, or service-issued credential toward licensure qualifications or requirements when considering an application for initial licensure of an individual listed in Arkansas Code § 17-4-104.

(h)

1. (1) Applications will be reviewed by the Arkansas Social Work Licensing Board after all the required information is received.
2. (2) Applicants will be notified by mail of the action taken on the application.
3. (3) If approved, the applicant will be notified of his or her eligibility to take the examination.

4. (4) If the Arkansas Social Work Licensing Board determines that the applicant has not met all the requirements and the application is denied, the applicant may request a hearing before the Arkansas Social Work Licensing Board.

   1. (i) An application is valid for six (6) months from the date of the application.