239.00.22 Ark. Code R. 002

Current through Register Vol. 49, No. 9, September, 2024

Rule 239.00.22-002 - Dietetics Licensing Board ACA 17-83-203

SECTION VII.QUALIFICATIONS FOR ISSUANCE OF LICENSE

E. Licensure for Uniformed Service Members and Spouses

1. As used in this subsection:

a. "automatic licensure" means the granting of occupational licensure without an individual's having met occupational licensure requirements provided under Title 17 of the Arkansas Code or by these Rules.

b. "uniformed service veteran" means a former member of the United States Armed Forces Uniformed Services discharged under circumstances other than dishonorable.

2. The Board shall grant automatic licensure to an individual who is the holder in good standing of a license with a similar scope of practice issued by another state, territory, or district of the U.S. or is currently registered by the CDR as a registered dietitian and is:

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; or

c. The spouse of:

1. A person under B (1) or (2) above;

2. A uniformed service member who is assigned a tour of duty that excludes the uniformed service member's spouse from accompanying the uniformed service member and the spouse relocates to this state; or

3. 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 such automatic licensure upon receipt of all the below:

a. Payment of the initial licensure fee;

b. Evidence that the individual holds a license with a similar scope of practice in another state; and

c. Evidence that the applicant is a qualified applicant under Section E.2 above.

4. The expiration date of a license for a deployed uniform service member or spouse will be extended for one hundred and eighty (180) days following the date of the uniformed service member's return from deployment.

5. A full exemption from continuing education requirements will be allowed for a deployed uniform service member or spouse until one hundred and eighty (180) days following the date of the uniformed service member's return from deployment.

F. Waiver request for disqualifying criminal offense

1. If an individual has been convicted of an offense listed in A.C.A. § 17-3-102(a) or (e), the Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:

a. An affected applicant for a license; or

b. An individual holding a license subject to revocation.

2. The Board may grant a waiver upon consideration of the following, without limitation:

a. The age at which the offense was committed;

b. The circumstances surrounding the offense;

c. The length of time since the offense was committed;

d. Subsequent work history since the offense was committed;

e. Employment references since the offense was committed;

f. Character references since the offense was committed;

g. Relevance of the offense to the occupational license; and

h. Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

3. A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.

4. The Board will respond with a decision in writing and will state the reasons for the decision.

5. An appeal of a determination under this section will be subject to the Administrative Procedures Act § 25-15-201et seq.

G. The Board shall grant a license to an applicant who fulfills the Arkansas requirements for licensure and is a person who holds a Federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a "work permit."

SECTION X.RENEWAL OF LICENSES

B. Licensees applying for renewal shall:

1. Submit a completed renewal application;

2. Renewal fee; and

3. Documentation showing completion of at least twelve (12) clock hours per renewal period of continuing education. All continuing education hours must be in compliance with continuing professional education activities approved by CDR or be volunteer services provided under the Arkansas Volunteer Healthcare Act.

SECTION XI.FEES

The Board shall waive the initial licensing fee if the applicant:

1. Is receiving assistance through the Arkansas Medicaid Program; the Supplemental Nutrition Assistance Program; the Special Supplemental Nutrition Program for Women; Infants, and Children, the Temporary Assistance for Needy Families Program; or the Lifeline Assistance Program;

2. Was approved for unemployment within the last twelve (12) months; or

3. Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

Section XVII.THE PRACTICE OF TELEMEDICINE

A. Definitions

2. "Originating site" means a site at which a patient is located at the time healthcare services are provided to him or her by means of telemedicine, including the home of a patient. Ark. Code Ann. §17-80402(2).

F. Professional Relationship Exceptions - Under Ark. Code Ann. § 17-80-403(c), "Professional relationship" does not include a relationship between a licensed dietitian and a client established only by the following:

1. An internet questionnaire;

2. An email message;

3. Patient-generated medical history;

4. Text messaging;

5. A facsimile machine; or

6. Any combination thereof.

239.00.22 Ark. Code R. 002

Adopted by Arkansas Register Volume 47 Number 05, Effective 5/5/2022