Browse Arkansas Code titles and sections
17-86-203. Powers and duties.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-86-203. Powers and duties.
(a)(1) The State Board of Health may promulgate and enforce reasonable rules for the purpose of carrying out this chapter.
(2) The board shall follow the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as to “rule” and “rulemaking” definitions and for the adoption and filing of rules.
(b)(1)(A) The Department of Health shall inspect or cause an inspection of student records at least one (1) time each year for each massage therapy school operated in this state.
(B) The department and its agents and employees may enter and inspect a massage therapy clinic, spa, or school during operating hours of the business.
(2) The department and its agents and employees shall not request or be granted permission to enter a room of a massage therapy clinic, spa, or school in which a client is receiving treatment from a licensee under this chapter.
(c) The department may hold licensing examinations from time to time at a place or places as the department may designate.
(d)(1) The department may require each original applicant and each upgrade applicant for a license issued by the Department of Health to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of 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 department 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 o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-86-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:17-86-203
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: acf128a3fa568a0645e4561116879be2a3ce9e359c5ffc25d13bec2e96fba1f2
Source location: content.xml paragraph 21996
Stored source content
17-86-203. Powers and duties.
(a)(1) The State Board of Health may promulgate and enforce reasonable rules for the purpose of carrying out this chapter.
(2) The board shall follow the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as to “rule” and “rulemaking” definitions and for the adoption and filing of rules.
(b)(1)(A) The Department of Health shall inspect or cause an inspection of student records at least one (1) time each year for each massage therapy school operated in this state.
(B) The department and its agents and employees may enter and inspect a massage therapy clinic, spa, or school during operating hours of the business.
(2) The department and its agents and employees shall not request or be granted permission to enter a room of a massage therapy clinic, spa, or school in which a client is receiving treatment from a licensee under this chapter.
(c) The department may hold licensing examinations from time to time at a place or places as the department may designate.
(d)(1) The department may require each original applicant and each upgrade applicant for a license issued by the Department of Health to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of 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 department 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 department from the agency performing the state and federal criminal background check.
(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-3-102. Licensing restrictions based on criminal records.
(a) An individual is not eligible to receive or hold a license issued by a licensing entity if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq., or otherwise previously sealed, pardoned or expunged under prior law:
(1) Capital murder as prohibited in § 5-10-101;
(2) Murder in the first degree and second degree as prohibited in §§ 5-10-102 and 5-10-103;
(3) Manslaughter as prohibited in § 5-10-104;
(4) Negligent homicide as prohibited in § 5-10-105;
(5) Kidnapping as prohibited in § 5-11-102;
(6) False imprisonment in the first degree as prohibited in § 5-11-103;
(7) Permanent detention or restraint as prohibited in § 5-11-106;
(8) Robbery as prohibited in § 5-12-102;
(9) Aggravated robbery as prohibited in § 5-12-103;
(10) Battery in the first degree as prohibited in § 5-13-201;
(11) Aggravated assault as prohibited in § 5-13-204;
(12) Introduction of a controlled substance into the body of another person as prohibited in § 5-13-210;
(13) Aggravated assault upon a law enforcement officer or an employee of a correctional facility as prohibited in § 5-13-211, if a Class Y felony;
(14) Terroristic threatening in the first degree as prohibited in § 5-13-301;
(15) Rape as prohibited in § 5-14-103;
(16) Sexual indecency with a child as prohibited in § 5-14-110;
(17) Sexual extortion as prohibited in § 5-14-113;
(18) Sexual assault in the first degree, second deg
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-3-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-3-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.