(a) An individual is not eligible to receive or hold a body art license or body art instructor license if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Arkansas Code § 17-3-102 et seq., by any court in the State of Arkansas, of any similar offense by a court in another state, or of any similar offense by a federal court, unless the conviction was:
- (1) Lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013, Arkansas Code § 16-90-1401 et seq.; or
- (2) Otherwise sealed, pardoned, or expunged under prior law.
- (b) The Department of Health may grant a waiver as authorized by Arkansas Code § 17-3-102 in certain circumstances.
- (c) Upon notification to the department that an individual licensed under this part has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Arkansas Code § 17-3-102 et seq., by any court in the State of Arkansas, of any similar offense by a court in another state, or of any similar offense by a federal court, the department shall initiate an investigation into the individual’s convictions and the licensed individual may be subject to suspension, revocation, or denial of a license pursuant to this part.
(d)
- (1) The department is not authorized to conduct criminal background checks but may inquire about criminal convictions upon application or renewal of a license.
- (2) Any applicant or licensee that provides false information to the State Board of Health regarding a criminal conviction may be subject to suspension, revocation, or denial of a license.
- (e) This section shall not apply to body artists who hold a valid license on or before July 1, 2024.