1. (a) Establishment.

   1. (1) Any person, firm, or corporation conducting or operating a body art establishment or mobile establishment shall be required to obtain a current establishment license prior to operating said establishment.
   2. (2) The proprietor shall be responsible for compliance with the law and all rules promulgated by the board.
   3. (3) Application. Any person, firm, or corporation desiring to open a body art establishment or mobile establishment shall submit an application to the Department of Health for approval.

   4. (4)

      1. (A) Any person, firm, or corporation who has applied for a license to operate a body art establishment or mobile establishment will receive a license allowing the owner to operate the establishment or mobile establishment.
      2. (B) The license shall be conspicuously posted in the establishment or mobile establishment.
      3. (C) Establishment licenses:

2. (i) Shall expire on December 31 of each year; and

   1. (ii) Are renewable when the applicant meets all the current applicable requirements of this part and Arkansas Code § 17-26-601 et seq.
   2. (5) The department shall levy and collect an annual fee of one hundred fifty dollars ($150) per facility for issuance of a license to an establishment that performs body art or its related branches.

   3. (6) If the annual fee for a licensed establishment has not been paid by March 1 of the calendar year, the establishment shall be closed until:

      1. (A) A new license has been issued by the department; and
      2. (B) The annual fee has been paid.
   4. (7) Any studio or business owner operating without a current license commits a Class D felony.

   5. (8)

      1. (A) No person shall operate a body art establishment unless the establishment has received a Certificate of Sanitation from the department.
      2. (B) No certificate shall be issued or renewed unless the establishment has been inspected and found to be in compliance with the provisions of this part at the time of the most current inspection.

   6. (9)

      1. (A) The certificate shall expire on December 31 of each year.
      2. (B) Renewal inspections shall be conducted by the department.

   7. (10) No holder of any certificate of sanitation shall allow a body art artist to perform in his or her establishment unless the artist:

      1. (A) Is the holder of a valid body art license issued under Section 4 of this part; or
      2. (B) Holds a current guest artist temporary demonstration license.
   8. (11) It shall be the duty of the operator or owner of the establishment to post the current license in a conspicuous place where it may be readily observed by the public.

3. (b) Body art institution.

   1. (1)

      1. (A) Any person, firm, or corporation conducting or operating a body art institution shall be required to obtain a current establishment license prior to operating said establishment.
      2. (B) The proprietor shall be responsible for compliance with the law and all rules promulgated by the board.

   2. (2)

      1. (A) The applicant must complete a body art institution application as set forth by the department.

      2. (B) Student artists shall train in a licensed body art institution under a currently licensed instructor who has been licensed and operating in compliance with the rules in the State of Arkansas.

         1. (c) Body art and its related branches.

   3. (1) No person except a duly licensed physician shall engage in the practice of body art, permanent cosmetics, and semi-permanent cosmetics or act as a body artist, a permanent cosmetics artist, or semi-permanent cosmetics artist unless licensed by the department as a:

      1. (A) Body artist;
      2. (B) Permanent cosmetics artist; and
      3. (C) Semi-permanent cosmetics artist.

   4. (2) The following requirements must be completed before any individual shall receive a body art license:

      1. (A) Prior to applying for a body art license, the applicant must complete blood-borne pathogens training that:

         1. (i) Meets the requirements of the Occupational Safety and Health Administration; and
         2. (ii) Is approved by the department.
      2. (B) Student artists pursuing licensure for scarification shall also complete basic first aid and CPR training that is approved by the department.

      3. (C)

         1. (i) Student artists pursuing licensure for scarification shall possess a current license in another field of body art.
         2. (ii) They shall also submit training and experience documentation related to scarification for review by the department to determine eligibility for licensure.
      4. (D) An application for a body art license shall be filed with the department upon completion of a body art training program from a licensed institution.

      5. (E)

         1. (i) The applicant must successfully complete a written examination given by the department.
         2. (ii) This examination shall be based on this part.
         3. (iii) It shall ensure the applicant has knowledge of pertinent microbiology and proper technique to ensure that infection and contagious disease shall not be spread.
      6. (F) The applicant shall meet all the current applicable requirements of the Rules Pertaining to Reportable Diseases, 20 CAR pt. 102.

      7. (G)

         1. (i) The applicant must complete an approved training program as set forth by the department.
         2. (ii) Student artists shall train in a licensed body art institution under a currently licensed artist instructor who has been licensed and operating in compliance with the rules in the State of Arkansas for a period of not fewer than five (5) years.

   5. (3) Examinations.

      1. (A) At the end of the required training period, the applicant must successfully complete and pass a:

         1. (i) Written examination approved and administered by the department; and
         2. (ii) Practical examination:
4. (a) (a) Developed and approved by the department; and

5. (b) (b) Administered by a licensed body art institution.

   1. (B)

      1. (i) At the end of the required training period, the applicant must successfully complete a practical exam in the field or fields of study.

         1. (ii) Practical exams conducted by the department will observe a procedure for:
6. (a) (a) Aseptic technique;

7. (b) (b) Sterilization procedures;

   1. (c) (c) Recordkeeping; and

      1. (d) (d) Aftercare instruction to the client.
      2. (C) A passing grade of seventy-five (75) is required in the practical examination and a grade of seventy (70) is required in the written examination pertaining to the mandated curriculum as well as the state law exam.

      3. (D)

         1. (i) The department shall levy and collect a nonrefundable fee of fifty dollars ($50.00) from each artist in training who applies to take the written and practical examinations.
         2. (ii) This fee is waived for an artist in the qualification review process.
         3. (d) Artist license fee and renewal requirements.

   2. (1) Artist's licenses:

      1. (A) Shall expire on December 31 of each year; and

      2. (B) Are renewable when the applicant meets all the current applicable requirements of this part and Arkansas Code § 20-27-1501 et seq. [repealed], including but not limited to:

         1. (i) Submission of a renewal application for a license for body art or its related branches;
         2. (ii) Proof of completion of the annual blood-borne pathogen certification; and
         3. (iii) For scarification artists, proof of current CPR and first aid certification.

   3. (2)

      1. (A) The department shall levy and collect an annual fee of one hundred dollars ($100) per artist for issuance of a license to an artist who performs body art or related branches.
      2. (B) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist license shall be suspended for ninety (90) days.

      3. (C) Before a license may be reissued within ninety (90) days after suspension, the artist shall:

         1. (i) Pay a reinstatement fee of one hundred dollars ($100) and all overdue licensing fees;
         2. (ii) Complete a written exam with the department and a practical exam at the studio in which the artist is licensed, a currently licensed body art establishment in Arkansas or other department-approved facility; and
         3. (iii) Meet all current requirements established by the department for artists.
      4. (D) If an artist whose license is suspended has not met the requirements under subdivision (d)(2)(C) of this section within ninety (90) days after the suspension, the artist may apply for qualification review.

Codification Notes: Arkansas Code § 20-27-1501 et seq., was repealed by Acts 2021, No. 900, § 4. "CPR" refers to cardiopulmonary resuscitation.