(1) “Aesthetician” means any person who engages in the practice of beautifying the body by cleaning, waxing, externally manipulating, or stimulating the body by means of the hands, devices, apparatus, or appliances with or without the use of cosmetic:
- (A) Preparations;
- (B) Antiseptics;
- (C) Tonics;
- (D) Lotions; and
- (E) Creams;
(2) “Art of cosmetology” includes any and all and any combination of the following practices:
- (A) Chemically treating, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, singeing, bleaching, tinting, coloring, straightening, dyeing, brushing, beautifying, or otherwise treating by any means the hair of any person or wigs or hairpieces;
- (B) Externally manipulating, cleaning, waxing, or stimulating the body by means of the hands, devices, apparatus, or appliances with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;
- (C) Beautifying the body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams;
- (D) Temporarily removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals or preparations, or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays;
- (E) Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person; and
- (F) Massaging, cleansing, or beautifying the nails of any person;
(3) “Automatic licensure for uniformed service members, veterans, and spouses” means granting the occupational licensure without an individual having met occupational licensure requirements provided:
- (A) Under the Arkansas Code; or
- (B) By other provisions in this part;
- (4) “Automatic occupational licensure under Acts 2023, No. 457” means the granting of occupational licensure to an applicant who establishes residency in this state without the individual’s having met occupational licensure requirements provided under Title 17 of the Arkansas Code or by this part;
- (5) “Certified hours” means cosmetology, manicure, aesthetic, electrology, or instructor hours that have been earned and recorded with the Department of Health in which tuition has either been paid in full or the person has signed a promissory note that is acceptable to the school;
- (6) “Clean” means removal of visible debris through use of soap/detergent and water or a chemical cleaner;
- (7) “Client” means any person who receives cosmetology services for compensation in any form from a person who is engaged in the art of cosmetology;
- (8) “Cosmetic” means any product made for beautifying the body;
- (9) “Cosmetology establishment” means a premise, building, part of a building, or mobile salon in which is practiced any branch or any combination of branches of cosmetology or the occupations of a cosmetologist, except the branch of manicuring as practiced in barbershops and nursing facilities, as defined under Arkansas Code § 20-10-1401;
- (10) “Cosmetology services” means any work performed for compensation in any form by any person who is engaged in the art of cosmetology;
- (11) “Cosmetology Technical Advisory Committee” means an eleven-member committee appointed by the State Board of Health and will, among other duties, hold hearings on cases that may require disciplinary actions;
- (12) “Disinfect” means destruction of bacterial, viral, and fungal pathogens (not spores) through the use of proper process and chemical disinfectants intended for use in the salon setting;
(13) “Disinfectant” means Environmental Protection Agency-registered disinfectant that is:
- (A) Bactericidal;
- (B) Virucidal; and
- (C) Fungicidal;
(14)
- (A) “Domestic violence and sexual assault awareness training” means a one-hour training course in domestic violence and sexual assault awareness.
- (B) The training course materials are provided by the Department of Health and incorporated into the curriculum for cosmetology and its branches.
- (C) Certificates of training shall contain proof of domestic violence and sexual assault training;
- (15) “Electrologist” means any person who permanently removes hair from or destroys hair on the human body for beautification by the use of an electric needle or by the use of any other kinds of devices or appliances designed to permanently remove hair from the human body;
- (16) “EPA” means the Environmental Protection Agency;
- (17) “Establishment or mobile salon owner” means any person, firm, or corporation conducting or operating a cosmetology establishment or mobile salon as defined by Arkansas Code 17-26-102(2);
- (18) “Manager-operator” means a licensed cosmetologist who is authorized to engage in the practice of cosmetology independent of personal supervision in a duly licensed establishment or mobile salon;
(19) “Manicurist” means any person who engages in the occupation of manicuring the nails of any person by:
- (A) Cutting, trimming, polishing, coloring, tinting, cleansing, filing, buffing, pushing, extending, protecting, wrapping, covering, building, or beautifying the nails; or
- (B) Performing any other similar work upon the nails of any person by any means, including the softening of the arms, hands, feet, or ankles of any person by use of hands, mechanical or electrical apparatus or appliances, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, manipulating, or stimulating the arms, hands, feet, or ankles of any person;
(20) “Mobile salon” means a self-contained, self-supporting, enclosed unit that:
- (A) Is at least twenty-four feet (24’) in length;
- (B) May be transported from one (1) location to another;
- (C) Has a base location at the home, salon, or office of the owner of the mobile salon;
- (D) Is licensed as a cosmetology establishment for the practice of a branch or a combination of branches of cosmetology or the occupation of a cosmetologist licensed by the Department of Health; and
- (E) Complies with rules established by the Department of Health;
(21) “Porous” means items made or constructed of material that:
- (A) Has pores or openings and cannot be properly cleaned so that all visible residue is removed; or
- (B) Is damaged or contaminated by cleaning and disinfecting;
(22) “Postsecondary school of cosmetology” means a school of cosmetology:
- (A) That offers a postsecondary curriculum approved by the Department of Health; and
- (B) Whose enrollment is made up of only students who have a high school diploma or its equivalent;
(23) “Practitioner” means any person who is licensed by the Department of Health as:
- (A) A cosmetologist;
- (B) An electrologist;
- (C) A manicurist;
- (D) An instructor; or
- (E) An aesthetician;
- (24) “Registered hairstylist” means an individual who is registered with the Department of Health and who only provides washing, cleansing, drying, blow drying, combing, brushing, or styling services for the hair of any person for compensation, but does not provide other services under the art of cosmetology as described in subsection (b) of this section and may provide services for compensation only in a licensed cosmetology establishment directly supervised by a licensed cosmetologist who is available to address health and safety issues that may arise in providing services to a consumer, but excludes an individual who only cleanses the hair of any person for compensation;
(25) “School of cosmetology” means any person, firm, corporation, premises, building, or part of a building:
- (A) Whereon or wherein is taught any branch or any combination of the branches of cosmetology for a fee; and
- (B) That is licensed by the Department of Health;
- (26) “School of cosmetology or postsecondary school of cosmetology owner” means any person, firm, or corporation conducting or operating a school of cosmetology or a postsecondary school of cosmetology;
- (27) “Sterilize” means destruction of all microbial life through proper use of an autoclave;
- (28) “Student” means any person who is enrolled and engaged in learning or acquiring knowledge of the occupations of a cosmetologist, manicurist, aesthetician, or electrologist in a licensed school of cosmetology or a postsecondary school of cosmetology under a licensed instructor;
(29) “Uniformed service member” means:
(A) An active or reserve component member of the:
- (i) United States Air Force;
- (ii) United States Army;
- (iii) United States Coast Guard;
- (iv) United States Marine Corps;
- (v) United States Navy;
- (vi) United States Space Force; or
- (vii) National Guard;
- (B) An active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
- (C) An active or reserve component member of the United States Commissioned Corps of the Public Health Service;
- (30) “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable; and
- (31) “Working area or clinical area” means any area that is used to render cosmetology services to the public.