§ 6-51-603 — Exemptions

The following are exempt from licensure under this subchapter: (1) Private institutions exclusively offering instruction at any or all levels from preschool through twelfth grade; (2) Schools established by laws of Arkansas, governed by Arkansas boards, and permitted to operate for the sole purpose of providing specific training normally required to qualify persons for occupational licensure by state boards or commissions, which determine education and other standards for licensure and operation of such schools; (3) State colleges and universities coordinated by the Arkansas Higher Education Coordinating Board; (4) Programs of study offered by institutions or individuals for personal improvement, whether avocational or recreational, if designated through media or other sources as not for the purpose of enhancing an occupational objective; (5) Schools operated solely to provide programs of study in theology, divinity, religious education, and ministerial training; (6) A training program offered or sponsored by an employer for training and preparation of its own employees and for which no tuition fee is charged the employee; (7) A program of study sponsored by a recognized trade, business, or professional organization for instruction of the members of the organization with a closed membership and for which no fee is charged the member; (8) A school or educational institution supported by state or local government taxation; (9) Flight instructors and flight instruction schools licensed under appropriate Federal Aviation Administration regulations and offering only training for a private pilot's license; (10) Schools covered by § 6-61-301(a)(3) and exempt from § 6-61-101 et seq.; (11) Training offered by other Arkansas state agencies, boards, or commissions; (12) (A) Training offered on military bases where a majority of the students enrolled are active duty personnel or their adult family members, United States Department of Defense civilian employees or their adult family members, members of the United States Armed Forces reserve components, and retirees. (B) These organizations shall remain exempt from the requirement for licensure if required to move off the military installation for a period of not more than ninety (90) days because of a change in security level which would not allow civilian students on the installation. (C) The State Board of Private Career Education shall have the authority to review any situations that extend past the ninety-day period and determine whether the exemption status should remain for the school; (13) Certified nurse aide or certified nursing assistant training programs: (A) Whose underlying majority ownership has ownership of five (5) or more nursing facilities licensed by the Office of Long-Term Care; and (B) That are under the regulatory oversight of the office; and (14) Schools located outside the state that: (A) Offer education or training outside the state; and (B) Do not participate in distance education.

Legislative History

Amended by Act 2019, No. 755,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 755,§ 1, eff. 8/1/2017. Acts 1983, No. 770, §§ 1, 2; A.S.A. 1947, §§ 80-4301, 80-4302; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, § 3; 2009, No. 1478, § 2.