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(a)(1) It is the intent of the General Assembly to ensure that an individual may be credentialed to work in Arkansas if he or she generally demonstrates the skills and ethics required by state law based on the individual's experience and credentials in another state.
(2) It is not the intent of the General Assembly to cause the licensing entity to engage in simple comparisons of the required hours of training and other personal qualifications under Arkansas's occupational licensing statutes with those qualifications required in the state where the individual is credentialed.
(b) As used in this section:
(1) “Individual” means a natural person, firm, association, partnership, corporation, or other entity that may hold an occupational license;
(2) “Occupational licensing entity” means an office, board, commission, committee, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession; and
(3) “Occupational license” means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession.
(c) An occupational licensing entity shall by rule adopt the least restrictive requirements for an occupational license for an individual who:
(1) Demonstrates that he or she:
(A) Holds an occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States;
(B) Holds his or her occupational license in good standing;
(C) Has not had his or her occupational license revoked for:
(i) An act of bad faith; or
(ii) A violation of law, rule, or ethics;
(D) Is not holding a suspended or probationary occupational license in any state, territory, or district of the United States; and
(E) Is sufficiently competent in his or her field; and
(2) Pays any occupational license fee required by law or rule.
(d)(1)(A) An occupational licensing entity shall comply with the requirements under subsection (c) of this section by adopting the least restrictive rule that allows for reciprocity or licensure by endorsement.
(B) The rule adopted under subdivision (d)(1)(A) of this section shall provide the procedure by which an occupational licensing entity shall grant a temporary and provisional occupational license for ninety (90) days or longer to an individual under subsection (c) of this section if presented with evidence of a current and active occupational license that is substantially similar to practice in the field of his or her occupation or profession in another state, territory, or district of the United States.
(2) If a state, territory, or district of the United States does not require an occupational license for a profession that requires an occupational license in this state, an occupational licensing entity shall adopt a rule that is least restrictive to permit an individual who is sufficiently competent in his or her field to obtain an occupational license for that occupation or profession in this state.
(3) The occupational licensing entity may require additional state-specific education for an individual with an occupational license in another state, territory, or district of the United States that does not offer reciprocity similar to reciprocity under this section to individuals with an occupational license in this state.
(e)(1) Except as provided under subdivision (e)(2) of this section, an occupational licensing entity shall not require an individual who meets the requirements of subsection (c) of this section to participate in the apprenticeship, education, or training required as a prerequisite to occupational license of a new professional in the field.
(2) The occupational licensing entity may require the individual to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the occupational license.
(f) If a criminal background check is required of an applicant for an initial occupational license or of an individual currently holding an occupational license, then the occupational licensing entity may require an individual seeking his or her occupational license under this section to meet the same criminal background check requirements as the applicant for an initial occupational license or as the individual currently holding an occupational license.
(g) The occupational licensing entity may require the individual applying for an occupational license under this section to meet any bonding, financial statement, or insurance requirements that are applicable to all applicants.
(h) This section shall not apply to:
(1) Reciprocity or license by endorsement provisions under §§ 17-12-308, 17-26-315, 17-27-308, 17-28-306, 17-31-308, 17-36-304, 17-42-305, 17-43-307, 17-83-305, 17-88-305, 17-89-305, 17-90-302, 17-92-114, 17-92-308, 17-93-414, 17-97-306, 17-99-304, 17-100-304, and 17-103-302; or
(2) The occupational licensing entities that administer the reciprocity provisions under subdivision (h)(1) of this section.
(i) An occupational licensing entity may enter into written agreements with similar occupational licensing entities of another state, territory, or district of the United States as necessary to assure that licensees in this state have comparable nonresident licensing opportunities as those opportunities available to nonresidents by occupational licensing entities in this state.
Cite this article: FindLaw.com - Arkansas Code Title 17. Professions, Occupations, and Businesses § 17-1-108. Expedited temporary and provisional licensure --Legislative intent - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-17-professions-occupations-and-businesses/ar-code-sect-17-1-108/
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