(a) Physical facilities.

1. (1) Lighting. Permanently fixed artificial light sources shall be installed to provide sufficient light on the working area.

2. (2) Water supply and sewage.

   1. (A) The water supply shall be adequate, of a safe, sanitary quality, and meet the current requirements of the Department of Health’s Rules Pertaining to Public Water Systems, 20 CAR pt. 140.
   2. (B) All water-carried sewage shall be disposed of by means of:

(i) A public sewerage system; or

1. (ii) An approved onsite wastewater system that is constructed and operated in conformance with the standards established by the State Board of Health.

2. (3) Garbage and refuse.

   1. (A) Garbage and refuse shall be kept in durable, easily cleanable containers that do not leak and do not absorb liquids.
   2. (B) No establishment, mobile establishment, or institution shall permit an accumulation of garbage or refuse.
   3. (C) Garbage and refuse shall be disposed of often enough to prevent the development of odor and the attraction of insects and rodents.
3. (4) Cleanliness and repair. Each establishment, mobile establishment, and institution shall keep the floors, mats, and fixtures clean and in good repair.

4. (5) Toilet facilities, fixtures, and plumbing.

   1. (A) A toilet and lavatory shall be located in the establishment and be accessible to clients.
   2. (B) All plumbing shall meet the requirements of the 2018 Arkansas Plumbing Code, 17 CAR pt. 65.
   3. (C) The plumbing fixtures and toilet room shall be maintained in a sanitary manner and in good repair.

5. (6) Hand washing facilities.

   1. (A) Each establishment, mobile establishment, and institution shall provide hand washing facilities installed in accordance with the 2018 Arkansas Plumbing Code.
   2. (B) The facilities shall have a soap dispenser with soap and disposable towels or an air dryer for hands.
   3. (C) Common towels and bar soap are prohibited.

6. (7) Floors and surfaces.

   1. (A) Floors shall be swept and wet-mopped daily.
   2. (B) All surfaces, including but not limited to floors, walls, counters, chairs, and tables shall be maintained in good repair and shall be of such materials as to be easily cleanable, nonabsorbent, and nonporous.
   3. (C) Floors, walls, or ceilings in the workroom shall not be swept or cleaned while body art procedures are being performed.
7. (8) Bottles and containers. All bottles and containers containing any chemical or liquids in use in an establishment, mobile establishment, or institution shall be distinctly and correctly labeled to disclose their contents.
8. (9) All surfaces, worktables, and client chairs must be disinfected with Environmental Protection Agency-approved surface disinfectant as defined in 17 CAR § 54-301 before each new client is seated.

9. (10) Storage.

   1. (A) Cabinets for the storage of instruments and other paraphernalia used in the establishment shall be provided.
   2. (B) All needles and instruments shall be handled in such a manner as to prevent recontamination.

10. (11)

    1. (A) Packaged, sterilized supplies that have been processed in-house shall be stored and used for no more than one (1) year from the date of processing.
    2. (B) Supplies purchased packaged and presterilized from manufacturers shall be stored and used until the expiration date provided by the manufacturer.
    3. (C) The integrity of each package shall be inspected prior to use.
11. (12) Living or sleeping quarters located on the premises of a body art facility shall be separated from rooms and areas used for body art facility operations by complete partitioning and solid, self-closing doors.

12. (13) Workroom. Each establishment shall have a workroom where only body art procedures are performed and shall:

    1. (A)

       1. (i) Provide easy access to a sink separate from a restroom that is designated for artist hand washing only.
       2. (ii) The workroom sink shall be for the exclusive use of the artists for washing their hands and preparing the customer.
       3. (iii) It shall be equipped with hands-free or wrist controls and supplied with tempered running water, liquid soap, and single-use paper towels that are dispensed from a wall-mounted dispenser;
    2. (B) Be equipped with a light source that provides adequate light for the procedure area;
    3. (C) Have lined, hands-free, covered waste containers;
    4. (D) Be equipped with an approved sharps container;
    5. (E) Be free of and physically separated from any ultrasonic cleaner and/or autoclaves;
    6. (F) Have adequate cabinets for the storage of instruments and other materials used in the body art procedures;

    7. (G)

       1. (i) Have an adequate number of worktables for each working artist.
       2. (ii) The surface of all worktables shall be constructed of material that is:

(b) (b) Smooth;

1. (c) (c) Nonabsorbent;

   1. (d) (d) Corrosive-resistant; and

(e) (e) Easily sanitized; and

1. (H) Have disposable surface barriers to prevent contamination on all work surfaces and shall be replaced after each procedure.

2. (14) Decontamination area.

   1. (A) Each establishment shall have a decontamination area for the processing and sterilizing of dirty instruments, in which the placement of the sterilizer is at least thirty-six inches (36”) from any sink or processing equipment and shall:

      1. (i) Be physically separated from the waiting area, restroom, and the workroom;
      2. (ii) Be equipped with a sink that has tempered running water, liquid soap, and single-use paper towels dispensed from a wall-mounted dispenser that is readily accessible to the artist;
      3. (iii) Be equipped with a lined, hands-free, covered waste container;
      4. (iv) Be labeled in a conspicuous manner as “Employees Only” and set up to avoid clients or the public from entering;
      5. (v) Provide physical separation of areas within the room to designate the difference between dirty and clean instruments.
   2. (B) Body art establishments that use all prepackaged, presterilized, single-use instruments are not required to provide a decontamination area.

(b) Electrical instruments and equipment.

1. (1) Before use upon a client, all electrical instruments shall be cleaned and disinfected with an Environmental Protection Agency-registered disinfecting solution (spray or wipe).

2. (2)

   1. (A) A set of individually wrapped sterilized needles shall be used by the artist for each new client.
   2. (B) An adequate number of sterilized needles and tubes or tips per tattoo or permanent cosmetic artist must be on hand for the entire day or night operation.

3. (3)

   1. (A) All instruments that come in direct contact with a client's skin or are exposed to blood or bodily fluid shall be sterilized prior to reuse.
   2. (B) All parts of instruments that come in direct contact with a client’s skin or are exposed to blood or bodily fluid that cannot be sterilized prior to reuse shall be replaced before reuse.
   3. (C) Body piercing establishments are required to sterilize initial piercing jewelry.
4. (4) Tattoo and permanent cosmetic machines shall be cleaned and sanitized with an approved germicidal before each use.
5. (5) All needles shall be single-use and disposable.

6. (6) New medical disposable gloves shall be worn during any sterilization procedure.

   1. (c) Approved modes of sterilization include:
7. (1) Single-use prepackaged sterilized instruments obtained from suppliers or manufacturers;

8. (2) Use of a steam, pulse pressure, or vacuum autoclave sterilizer that is used, cleaned, and maintained according to the manufacturer's directions and conducted as follows:

   1. (A)

      1. (i) Prior to sterilizing, instruments shall be submerged and brushed or swabbed to remove foreign material and rinsed.
      2. (ii) Instruments shall then be immersed in enzymatic cleanser and water using an ultrasonic unit that operates at forty to sixty kilohertz (40 kHz – 60 kHz), followed by a thorough rinsing and drying;

   2. (B) Nondisposable tubes for tattooing shall:

      1. (i) Be disassembled prior to beginning the cleaning process; and
      2. (ii) Remain this way throughout the sterilization process;
   3. (C) Enzymatic cleanser used in the ultrasonic unit shall be designed for such use and used in accordance with the manufacturer's instructions;
   4. (D) The exception to this cleaning process may be the use of an instrument washer that is specifically designed to replace the manual cleaning and ultrasonic processing of contaminated instruments;
   5. (E) A chemical indicator shall be used to ensure sufficient temperature and steam penetration and proper functioning of equipment each time the sterilizer is run; and
   6. (F) A monthly sterilization cycle shall be completed with use of a biological monitoring system (commercial preparation of spores) to ensure all microorganisms have been destroyed and sterilization achieved; and

9. (3) Body art establishments that utilize all prepackaged sterilized needles and tubes and other equipment that contacts a client during any body art procedure shall not be required to provide an autoclave at the establishment.

   1. (d) Additional requirements for institutions.

10. (1)

    1. (A) All equipment for new, existing, and relocated institutions shall be in good workable condition.

    2. (B) The equipment shall be appropriately maintained in order to promote the health and safety of:

       1. (i) Institution employees;
       2. (ii) Student artists; and
       3. (iii) Clients.
11. (2) An adequate supply of furnishings shall be maintained in the classroom to sufficiently accommodate the enrolled student artist.
12. (3) An adequate supply of working equipment for all courses shall be maintained in the institution to reasonably accommodate the clientele received in the institution.

(e) Artist.

1. (1) Personal cleanliness.

   1. (A) Person and wearing apparel. The person and the attire worn by an individual serving a client shall at all times be clean.

   2. (B) Washing hands.

      1. (i) Clean his or her fingernails with his or her individual nail file and thoroughly wash and scrub his or her hands with:

(b) (b) An approved soap; and

1. (c) (c) His or her individual hand brush.

   1. (ii) He or she shall not allow his or her hands to dry without the use of a single-service use paper towel or approved mechanical means.

2. (2) Client protection.

   1. (A) Wear a new pair of medical disposable gloves for each client that shall be disposed of immediately upon removal.

   2. (B)

      1. (i) Prepare the area of the client's skin to which body art is to be applied by washing with distilled water and approved germicidal soap.
      2. (ii) When it is necessary to shave the area, single-service disposable razors shall be used.
      3. (iii) Following shaving, the skin must be gently scrubbed with seventy percent (70%) isopropyl alcohol or other approved germicidal solution, using a sterile gauze pad or paper towel, which shall be used only on one (1) client and then discarded.
   3. (C) Wash and scrub his or her hands as required in subdivision (e)(1)(B) of this section and put on a new pair of medical disposable gloves following the cleaning and the shaving of the client's skin.

   4. (D)

      1. (i) During any phase of the procedure, should the artist be interrupted for other duties, i.e., answering the phone, etc., the artist shall wash his or her hands as required in subdivision (e)(1)(B) of this section before resuming the procedure.
      2. (ii) A new pair of medical disposable gloves shall be used.
   5. (E) When acetate stencils are used for transferring the design to the skin, stencils shall be thoroughly cleaned and rinsed in an approved germicidal solution according to manufacturer’s instructions and then they shall be dried with a sterile gauze pad or air-dried before each use.
   6. (F) When the design is transferred during hectograph and tracing paper or duplicating carbon methods, the paper or duplicating master shall not be reused on another client.

   7. (G)

      1. (i) In preparing nontoxic dyes or pigments, only nontoxic or sterile material shall be used.
      2. (ii) Single-service or individual portions of pigments in clean sterilized containers or single-service containers shall be used for each client.
      3. (iii) Upon completion, the remaining unused pigments shall be discarded.
      4. (iv) Any pigment in which the needles were dipped shall not be reused during new or follow-up procedures.
      5. (v) Where pigment mixing is necessary to achieve the correct color and follow-up touch-ups may be required (permanent cosmetics), the original container of mixed pigment may be kept.
   8. (H) Excess pigment removed from the skin with a sterile gauze pad or paper towel, which shall be used only on one (1) client and then discarded.

   9. (I)

      1. (i) After a completed body art procedure, with the exception of piercings, the area of skin worked on shall be cleaned with a piece of single-use sterile material saturated with an approved germicidal solution.
      2. (ii) It shall be allowed to dry.
      3. (iii) After drying, ointment may be applied to body art from a collapsible metal or plastic tube or single-use packet or portion and, where feasible, the entire area covered with a piece of an approved, nonstick bandage.
      4. (iv) The ointment may be spread by the use of:

(b) (b) Sterile tongue depressors; or

1. (c) (c) Gloved fingers.

   1. (J) The area of permanent cosmetic application shall be washed and, where feasible, ointment or petroleum jelly shall be applied.

(f) Recordkeeping.

1. (1) The operator shall maintain proper records on each client.
2. (2) These records shall be entered in ink and kept solely for examination by the department upon request.

3. (3) A digital recordkeeping system may be used if it:

   1. (A) Provides all required information; and
   2. (B) Has an adequate method of backing up the data.
4. (4) The records shall be preserved for at least one (1) year from the date of the last entry.

5. (5) The records shall contain the following information:

   1. (A) The date the procedure was performed;
   2. (B) The name, address, and date of birth of the client;
   3. (C) The design and location of body art procedure applied;
   4. (D) The name and license number of the artist;
   5. (E) The signature and printed legal name of the client; and

   6. (F)

      1. (i) A photocopy of a valid government-issued photo identification for each client.
      2. (ii) For minors or incapacitated adults under legal guardianship, a photocopy of a valid photo identification of legal guardian and proof of guardianship, as required in subsection (g) of this section.
6. (6) Each form of body art provided by the establishment shall have its own separate record for all other forms of body art.
7. (7) In the event of a change of ownership or closing of the establishment, all records shall be made available to the department upon request.
8. (8) Due diligence shall be demonstrated in the effort to keep all records private from the public and other clients.

(g) Documentation and consent required for minors and incapacitated adults under legal guardianship.

1. (1) The consent shall be on forms approved by the department and shall be presented to the operator by the parent or legal guardian.
2. (2) These records shall be labeled “Minor” and be kept separate from all other client files and made available to the department upon request.

3. (3) An artist shall not perform body art on a person under eighteen (18) years of age, unless:

   1. (A) Given a consent form with the signature and printed legal name of the parent or legal guardian;
   2. (B) The parent or legal guardian is present during the procedure;

   3. (C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of photo identification that includes a:

      1. (i) Name;
      2. (ii) Date of birth; and
      3. (iii) Photo; and

   4. (D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a:

      1. (i) Birth certificate;
      2. (ii) Court or state record for:

(b) (b) Legal guardianship; or

1. (c) (c) Emancipation; or

   1. (iii) Marriage license.

2. (4) An artist shall not perform body art on a person under sixteen (16) years of age, regardless of parental consent, except:

   1. (A) When authorized or prescribed by a physician’s statement exclusively for repigmentation; or
   2. (B) When piercing the earlobe.

3. (5) Except when authorized or prescribed by a physician’s statement exclusively for repigmentation, an artist shall not perform on a person under eighteen (18) years of age regardless of parental consent:

   1. (A) Body art on the areola or genital; or
   2. (B) Branding.
4. (6) A person under eighteen (18) years of age may undergo a permanent cosmetics procedure due to a medical necessity if he or she is given medical consent from a physician in addition to parental consent.
5. (7) Any person who performs body art on a person under eighteen (18) years of age, except as provided in subdivisions (g)(3) – (5) of this section, shall be guilty of a Class A misdemeanor.
6. (8) Any person who falsely claims to be the minor’s parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class D felony.

(h) Client information.

1. (1) Before performing a body art procedure, an artist must have a discussion of the risks involved and possible complications with the client.

2. (2) The client must be advised that:

   1. (A) Certain procedures should be considered permanent and can be removed only by a surgical procedure; and
   2. (B) Any effective removal may leave permanent scarring.

3. (3) A written cautionary notice to that effect shall be:

   1. (A) Furnished to and signed by the client; and

   2. (B) Retained on file at the establishment.

      1. (i)
4. (1) After the procedure is complete, oral and written (printed or photocopied) instructions approved by the department on the care of the skin where body art was applied in order to prevent infection shall be given to each client.
5. (2) A copy of these instructions shall also be posted in a conspicuous place in the establishment.

(j) Patch test for sensitivity. A patch test shall be administered:

1. (1) Upon request of the client; or
2. (2) Prior to any permanent cosmetic procedure.