(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.