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003.22.1-10. Requirements for Reciprocal Licenses

AR ADC 003.22.1-10Arkansas Administrative CodeEffective: December 12, 2021

West's Arkansas Administrative Code
Title 003. Department of Commerce
Division 22. Insurance Department
Rule 1. State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services--Rule Pertaining to Embalmers, Funeral Directors, Funeral Establishments, Crematories, Crematory Retort Operators, and Transport Services
Effective: December 12, 2021
Ark. Admin. Code 003.22.1-10
Formerly cited as AR ADC 043.00.1-VIII
003.22.1-10. Requirements for Reciprocal Licenses
Currentness
A. Any person holding a valid, license as an embalmer, funeral director, or crematory retort operator in another state, U.S. Territory, or Provincial Authority, may apply for a license to practice in this state as an embalmer, funeral director, or crematory retort operator, if the person seeking reciprocity meets all the requirements for licensure in this state:
1. The person must demonstrate that he or she holds an embalmer, funeral director, or crematory retort operator or similar license(s) in another state, territory, or district of the United States in good standing, and has not had his or her license revoked for an act of bad faith or a violation of law, rule or ethics;
2. The person must not hold a suspended or probationary occupational license in any state, territory, or district of the United States;
3. The person must be qualified in his or her field; and
4. The person must pay the required fee.
B. Application shall be made by filing with the Board, a certified statement completed by the examining Board of the state, U.S. Territory or Provincial Authority in which the applicant holds his or her license, that shows the basis upon which the license was issued. It is the applicant's responsibility to request from the other state, U.S. Territory or Provincial Authority where he or she holds a valid license, to complete the Certification of Licensure form provided by the Board.
C. Upon receipt of the application, the Board may issue a temporary working number, which is valid for one year from the date of issuance.
D. To obtain a license, the applicant shall pass an exam to prove his or her proficiency, including at least, but not limited to, a minimum knowledge of the laws, and rules of this state pertaining to funeral service. The exam may be taken at one of the regularly scheduled exam sessions set by the Board. The exam may be taken once every thirty (30) days.
E. If the Board is satisfied with the proficiency of the applicant, upon receipt of the required fees, a license may be granted.
F. Individuals who hold a license in another state, territory or district of the United States that does not offer reciprocity similar to reciprocity in Arkansas, will be required to successfully pass the ARLRR.
G. Automatic Licensure for Military Service Members, Veterans, and Spouses
1. As used in this subsection:
a. “automatic occupational licensure” means the granting of an embalmer's license, a funeral director's license, a crematory retort operator's license, an apprentice embalmer, or an apprentice funeral director without the individual's having met occupational licensure requirements provided under Title 17 of the Arkansas Code or by these Rules.
b. “occupational licensure” means a license, permit, or registration that is required for an individual to engage in apprenticeship, embalming, funeral directing, or operating a crematory retort.
c. “returning military veteran” means a former member of the United States Armed Forces who was discharged from active duty under the circumstances other than dishonorable.
d. “uniformed service member” means:
(1) an 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) An active component member of the National Oceanic and Atmospheric Commissioned Officer Corps; or
(3) An active or reserve component member of the United States Commissioned Corps of the Public Health Service.
e. “uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable.
2. The Board shall grant automatic occupational licensure to any the following individuals:
a. A uniformed service member stationed in the State of Arkansas;
b. A uniformed service veteran who resides in or establishes residency in the State of Arkansas;
c. The spouse of a uniformed service member stationed in the State of Arkansas;
d. The spouse of a uniformed service veteran who resides in or establishes residency in the State of Arkansas;
e. The spouse of a uniformed service member who is assigned a tour of duty that excludes the uniformed service member's spouse from accompanying the uniformed serviced member and the spouse relocates to this state; and
f. The spouse of a 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. The Board shall grant automatic occupational licensure to any individual listed in Subsection 4, above, and is the holder in good standing of occupational licensure with similar scope of practice issued by another state, territory, or district of the United States.
4. The Board shall accept relevant and applicable uniformed service education, training, or service-issued credential toward occupational licensure qualifications or requirements when considering an application for initial licensure of an individual who is a uniformed service member or a uniformed service veteran who makes an application within one (1) year of his or her discharge from uniformed service.
5. The Board shall extend the expiration date of any license, permit, or registration issued for a deployed service member or his or her spouse for one hundred eighty (180) days following the date of the uniformed service member's return from deployment.
6. The Board shall allow for a full exemption from continuing education requirements for any individual listed in Subsection 7, until one hundred eighty (180) days following the date of the uniformed service member's return from deployment.
7. In order to allow for full exemption of continuing education, the Board may require evidence of completion of continuing education before granting a subsequent licensure or authorizing the renewal of the license, permit, or registration.

Credits

Amended Dec. 12, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.22.1-10, AR ADC 003.22.1-10
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