§ 17-86-203 - Powers and duties.
17-86-203. Powers and duties.
(a) (1) The Arkansas State Board of Massage Therapy may promulgate and enforce reasonable rules for the purpose of carrying out this chapter.
(2) The Arkansas State Board of Massage Therapy shall follow the Arkansas Administrative Procedure Act, 25-15-201 et seq., as to "rule" and "rule-making" definitions and for the adoption and filing of rules.
(3) For the purpose of governing health and safety, the rules shall meet minimum requirements of the law and rules of the State Board of Health.
(b) (1) (A) The Arkansas State Board of Massage Therapy shall inspect or cause to be inspected at least one (1) time each year all massage therapy schools operated in this state.
(B) The Arkansas State Board of Massage Therapy and its agents and employees may enter and inspect any massage therapy clinic or school during any operating hours of the business.
(2) The Arkansas State Board of Massage Therapy and its agents and employees shall not request or be granted permission to enter any room of a massage therapy clinic or school in which a client is receiving treatment from a licensee under this chapter.
(c) The Arkansas State Board of Massage Therapy may hold licensing examinations from time to time at a place or places as the Arkansas State Board of Massage Therapy may designate.
(d) (1) The Arkansas State Board of Massage Therapy may require each original applicant and each upgrade applicant for a license issued by the Arkansas State Board of Massage Therapy to apply to the Identification Bureau of the Department of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Arkansas State Police and the Federal Bureau of Investigation;
(2) The state and federal criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints;
(3) The applicant shall sign a release of information to the Arkansas State Board of Massage Therapy and shall be responsible for the payment of any fees associated with the state and federal criminal background check;
(4) (A) Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided.
(B) Results shall be sent directly to the Arkansas State Board of Massage Therapy from the agency performing the state and federal criminal background check.
(e) (1) For purposes of this section, an applicant is not eligible to receive or hold a license issued by the Arkansas State Board of Massage Therapy if the applicant has pleaded guilty or nolo contendere to or been found guilty of a felony or Class A misdemeanor or any offense involving fraud, theft, or dishonesty.
(2) A provision of this section may be waived by the Arkansas State Board of Massage Therapy if:
(A) The conviction is for a Class A misdemeanor and:
(i) The completion of the applicant's sentence and probation or completion of the applicant's sentence or probation of the offense is at least three (3) years from the date of the application; and
(ii) The applicant has no criminal convictions during the three-year period; or
(B) The conviction is for a felony of any classification and:
(i) The completion of the applicant's sentence and probation or the completion of the applicant's sentence or probation of the offense is at least five (5) years from the date of the application; and
(ii) The applicant has no criminal convictions during the five-year period.
(f) The Arkansas State Board of Massage Therapy may permit an applicant to be licensed regardless of having been convicted of an offense listed in this section, upon making a determination that the applicant does not pose a risk of harm to any person served by the Arkansas State Board of Massage Therapy.
(g) In making a determination under subsection (f) of this section, the Arkansas State Board of Massage Therapy may consider the following factors:
(1) The nature and severity of the crime;
(2) The consequences of the crime;
(3) The number and frequency of crimes;
(4) The relationship between the crime and the health, safety, and welfare of persons served by the agency, such as:
(A) The age and vulnerability of victims of the crime;
(B) The harm suffered by the victim; and
(C) The similarity between the victim and persons served by the Arkansas State Board of Massage Therapy;
(5) The time elapsed without a repeat of the same or similar event;
(6) Documentation of successful completion of training or rehabilitation pertinent to the incident; and
(7) Any other information that bears on the applicant's ability to care for others or other relevant information.
(h) If the Arkansas State Board of Massage Therapy waives the provisions of subsection (e) of this section, the Arkansas State Board of Massage Therapy shall submit the reasons for waiving this provision in writing, and the determination and reasons shall be made available to review.