Licensing of noncitizens

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  1. (a) The Arkansas State Board of Nursing may grant a license under this subchapter to an individual who, in addition to fulfilling the requirements to practice nursing in this state, satisfies the following requirements:

    1. (1) The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy;

    2. (2) The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and

    3. (3) The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services.

  2. (b) This section is a state law within the meaning of subsection (c) of 8 U.S.C. § 1621, as it existed on January 1, 2019.

  3. (c)

    1. (1) The board shall promulgate rules under this section.

    2. (2)

      1. (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):

        1. (i) On or before January 1, 2020; or

        2. (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.

      2. (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.


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