Reinstatement of licenses — Definition

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  1. (a) An occupational licensing entity shall by rule adopt reduced requirements for reinstatement of a license, registration, permit, or certification for a person who:

    1. (1) Demonstrates that he or she:

      1. (A) Was previously licensed, registered, permitted, or certified to practice in the field of his or her profession at any time in this state;

      2. (B) Held his or her license, registration, permit, or certification in good standing at the time of licensing, registration, permitting, or certification;

      3. (C) Did not have his or her license, registration, permit, or certification revoked for:

        1. (i) An act of bad faith; or

        2. (ii) A violation of law, rule, or ethics;

      4. (D) Is not holding a suspended or probationary license, registration, permit, or certification in any state; and

      5. (E) Is sufficiently competent in his or her field; and

    2. (2) Pays any reinstatement fee required by law.

  2. (b) The occupational licensing entity may require that sufficient competency in a particular field be demonstrated by:

    1. (1) Proficiency testing;

    2. (2) Letters of recommendation; or

    3. (3) Both proficiency testing and letters of recommendation.

  3. (c)

    1. (1) Except as provided under subsection (b) of this section, the occupational licensing entity shall not require a person who meets the requirements of subsection (a) of this section to participate in the apprenticeship, education, or training required as a prerequisite to licensing, registration, permitting, or certification of a new professional in the field.

    2. (2) The occupational licensing entity may require the person to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the license, registration, permit, or certification.

  4. (d) A person shall not be required to comply with requirements under this section to obtain reinstatement of his or her license, registration, permit, or certification if the person meets the requirements for reciprocity.

  5. (e) If a criminal background check is required of an applicant for an original license, registration, permit, or certification, or of a person currently holding a license, registration, permit, or certification, then the occupational licensing entity may require a person seeking reinstatement under this section to meet the same criminal background check requirements as the applicant for an original license, registration, permit, or certification, or as the person currently holding a license, registration, permit, or certification.

  6. (f)

    1. (1) As used in this section, “occupational licensing entity” means an agency, office, council, bureau, board, commission, department, committee, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency that has the duty to license, register, permit, certify, or otherwise approve a person to work in a particular field or industry.

    2. (2) As used in subdivision (f)(1) of this section, “agency” does not include the General Assembly, the courts, or the Governor.


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