As used in this part:

1. (1) “APP” means the Alliance of Professional Piercers;
2. (2) “APT” means the Alliance of Professional Tattooists;

3. (3) “Artist” means any person, other than a licensed physician, who:

   1. (A) Performs body art on a human; and
   2. (B) Is licensed in this state;

4. (4) “Artist instructor” means an artist who:

   1. (A) Has been licensed by the Department of Health as an artist for at least five (5) years in the specified field of body art in which he or she will offer training;

   2. (B) Has:

      1. (i) Worked in a body art establishment licensed by the Department of Health for at least five (5) years; and
      2. (ii) Been in compliance with Department of Health rules governing body artists;
   3. (C) Has completed the course required under Arkansas Code § 20-27-1506 [repealed];
   4. (D) Is a registered instructor for the specified field of body art with the Department of Health;
   5. (E) Has completed a course in safety and sanitation guidelines and requirements by the Department of Health;
   6. (F) Shall not exceed a ratio of one instructor to eight students (1:8) per instruction hour;
   7. (G) Is at least twenty-one (21) years of age; and
   8. (H) Has completed two hundred fifty (250) instructional hours from a state-approved permanent cosmetics instructor program, if the artist instructor is a permanent cosmetics artist instructor;
5. (5) “Aseptic technique” means the practice that prevents or hinders the transmission of disease-producing microorganisms from one (1) person or place to another person or place;
6. (6) “ASTM” means ASTM International;

7. (7) “Automatic licensure for uniformed service members, veterans, and spouses” means granting the occupational licensure without an individual having met occupational licensure requirements provided:

   1. (A) Under the Arkansas Code; or
   2. (B) By other provisions in this part;
8. (8) “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;

9. (9) “Body art procedures” include:

   1. (A) Body piercing;
   2. (B) Branding;
   3. (C) Permanent cosmetics;
   4. (D) Tattooing; and
   5. (E) Scarification;

10. (10)

    1. (A) “Body piercing and body piercing procedure” means:

       1. (i) The puncturing of a part of a live human being to create a hole for ornamentation or decoration; or
       2. (ii) A single-point perforation of a body part to insert an anchor with a single stud protruding or flush with the skin.
    2. (B) Body piercing or body piercing procedure shall not include piercing an earlobe with a presterilized disposable, single-use stud, or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe;
11. (11) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument;
12. (12) “Critical item” means an aspect of operation or condition of a facility or equipment that constitutes the greatest hazard to health and safety, including imminent health hazards;
13. (13) “Decontamination area” means an area designated for the decontamination and processing of dirty instruments;
14. (14) “Disinfectant” means a product that is registered by the Environmental Protection Agency and/or the Department of Pesticide Regulation, as indicated on the label, to reduce or eliminate the presence of disease-causing microorganisms, including human immunodeficiency virus (HIV) and Hepatitis B virus for use in decontaminating work surfaces;

15. (15) “Enzymatic cleaner” or “enzymatic detergent” means low-foaming detergents that:

    1. (A) Add enzymes capable of digesting organic material such as blood and mucus; and
    2. (B) Are labeled as such by the manufacturer;

16. (16) “Establishment” means any place or facility:

    1. (A) Where body art is performed; and
    2. (B) That has a body artist licensed in Arkansas on staff;
17. (17) “Germicidal solution” means a substance for use in the destruction of pathogenic microorganisms as indicated on the label;

18. (18) “Guest artist” means an artist from a state other than Arkansas or a country other than the United States who:

    1. (A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or

    2. (B) If an artist license is not available in the guest artist’s state or country, can submit to the Department of Health evidence of professional experience, employment, and education including proof of:

       1. (i) Blood-borne pathogen certification; and
       2. (ii) Employment in a licensed body art facility for at least two (2) years;
19. (19) “Host” means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, tradeshow, or other temporary event that includes a body art demonstration booth;
20. (20) “Institution” means an establishment that is licensed by the Department of Health to offer postsecondary education to student artists in training through artist instructors in the field of body art;

21. (21) “Instrument” means equipment used during body art procedures, including without limitation:

    1. (A) Forceps;
    2. (B) Hemostats;
    3. (C) Needles;
    4. (D) Permanent cosmetic needles and tips;
    5. (E) Receiving tubes; and
    6. (F) Tattoo barrels and tubes;
22. (22) “ISO” means the International Organization for Standardization;
23. (23) “Operator” means any person who owns, controls, operates, conducts, or manages any permanent cosmetic or tattoo establishment, whether actually performing the work of tattooing or not;

24. (24)

    1. (A) “Permanent cosmetics” means the application of pigment placed in the skin by a needle or other instrument to beautify the body, including without limitation for the purposes of:

       1. (i) Scar camouflaging;
       2. (ii) Scalp micropigmentation;
       3. (iii) Pigment lightening;

       4. (iv) Applying permanent eyebrows, including without limitation:

          1. (a) (a) Microblading; and
          2. (b) (b) Manual methods;
       5. (v) Applying permanent eyeliner;
       6. (vi) Applying permanent lip liner or lip color; and
       7. (vii) Applying three-dimensional nipples and areola.
    2. (B) “Permanent cosmetics” does not include tattooing or a tattooing procedure;
25. (25) “Scarification” means injury of the skin involving scratching, etching, or cutting of designs to produce a scar on a human being for ornamentation or decoration;
26. (26) “Scarification implement” means any instrument that intentionally alters human skin for the purpose of scarification;

27. (27)

    1. (A) “Sharps” includes, but is not limited to, any:

       1. (i) Contaminated object that can penetrate the skin;
       2. (ii) Waste produced in the course of physically altering a human being, including tattooing and ear piercing; or
       3. (iii) Other process where a foreign object is used to cut or pierce the skin.
    2. (B) All waste generated in this manner meeting the definition of sharps must be handled accordingly;
28. (28) “Single-service” means articles intended for one-time, one-person use and then discarded;

29. (29) “Student artist” means an individual who:

    1. (A) Is in training under the supervision of an artist instructor; and
    2. (B) Shall not perform body art without the supervision of an artist instructor;
30. (30) “Subdermal implanting” means the insertion of an object under the skin of a live human being for ornamentation or decoration;

31. (31)

    1. (A) “Tattooing and tattoo procedure” means any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by introducing pigments or by the production of scars to form indelible marks with the aid of needles or other instruments.
    2. (B) “Tattooing and tattoo procedures” do not include permanent cosmetics;
32. (32) “Tempered water” means water having a temperature range between eighty-five degrees Fahrenheit (twenty-nine degrees Celsius) and one hundred ten degrees Fahrenheit (forty-three degrees Celsius) (85°F – 110°F) (29°C – 43°C);

33. (33)

    1. (A) “Temporary or mobile establishment” means an establishment where body art is performed in a temporary place of business, such as:

       1. (i) Carnivals;
       2. (ii) Mass gatherings; or
       3. (iii) Similar public gatherings of a temporary nature.

    2. (B) Temporary or mobile shall meet all the requirements of this part with the following additional requirements:

       1. (i)

          1. (a) (a) Store liquid waste in a permanently installed retention tank that is of at least fifteen percent (15%) larger capacity than the water tank.
          2. (b) (b) Liquid waste shall not be discharged from the tank when the mobile unit is in motion.
       2. (c) (c) All liquid waste shall be discharged to an approved sanitary sewage disposal system and the Department of Health shall be provided a letter of approval for all discharges upon request; and

       3. (ii)

          1. (a) (a) Provide a potable water system under pressure.
          2. (b) (b) Enough potable water shall be available in the unit for cleaning and for hand washing.
       4. (c) (c) A heating facility capable of producing enough tempered water for these purposes shall be provided on the unit.

       5. (d) (d) The water inlet shall be provided with a transition connection of a size or type that will prevent its use for other service.

          1. (e) (e) The water inlet shall be coated so that it will not be contaminated by waste discharge, road dust, oil, or grease and it shall be kept capped unless being filled;

34. (34) “Uniformed service member” means:

    1. (A) An active or reserve component member of the:

       1. (i) United States Air Force;
       2. (ii) United States Army;
       3. (iii) United States Coast Guard;
       4. (iv) United States Marine Corps;
       5. (v) United States Navy;
       6. (vi) United States Space Force; or
       7. (vii) National Guard;
    2. (B) An active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
    3. (C) An active or reserve component member of the United States Commissioned Corps of the Public Health Service;
35. (35) “Uniformed service veteran” means a former member of the United States uniformed services discharged under conditions other than dishonorable; and
36. (36) “Vendor” means a person who supplies body art materials, including body art instruments, at a temporary demonstration where body art is performed.

Codification Notes: Arkansas Code § 20-27-1506 was repealed by Acts 2021, No. 900, § 4.