(a) Application for new private postsecondary body art institution.

1. (1)

   1. (A) Any person, firm, or corporation seeking to open a new body art institution shall:

(i) Submit an application to the Body Art Section office; and

1. (ii) Receive approval from the Department of Health.

   1. (B) The application shall be accompanied by the following information:

      1. (i) Completed application:

(b) (b) Available on the Department of Health’s website at healthy.arkansas.gov;

1. (ii) Detailed floor plans of the proposed institution showing adequate floor space;

   1. (iii)

(b) (b) If the financial statement is more than one hundred eighty (180) days old, an applicant must also provide a supplemental financial statement within one hundred eighty (180) days of the application.

1. (c) (c) The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the institution, provide a quality educational program, and fulfill its obligations to students for at least twelve (12) months without relying on student tuition;

   1. (iv) Work history and resume of the owner;

      1. (v) List of proposed equipment to accommodate all student applicants for any combination of body art;
      2. (vi) Instructor Form for Instructors shall be completed listing detailed information such as instructor’s education, previous work experience, etc.;
      3. (vii) Correspondence from the planning and zoning board certifying that the area in which the proposed institution is to be located is properly zoned for this type of business;
      4. (viii)

(a) (a) If applicable, a statement certifying that the owner or owners of the proposed institution shall provide not fewer than:

1. (1) (1) Four hundred (400) hours of supervised body art work, including at least one hundred fifty (150) hours of hands-on techniques training, in a period of not fewer than six (6) months or more than twenty-four (24) months for all students enrolled; or
2. (2) (2) Three hundred seventy-five (375) hours of supervised branding work, including at least one hundred fifty (150) hours of hands-on techniques training, in a period of not fewer than six (6) months or more than twenty-four (24) months for all students enrolled.

(b) (b) Additional fields of body art may be added by completing two hundred fifty (250) hours of supervised work, including at least one hundred (100) hours of hands-on techniques training, in other fields in a period not fewer than four (4) months after completion and licensure for the initial field of study;

1. (ix) The owner shall file a statement designating the name and address of the person who is authorized to:

(b) (b) Transact all business negotiations on behalf of the proposed institution including:

1. (1) (1) Answers to citations and/or hearings; and

2. (2) (2) Compliance with rulings issued by the Department of Health and/or Cosmetology Technical Advisory Committee;

   1. (x) Samples of all forms to be used in the institution, including but not limited to:

(b) (b) Sign-in sheets;

1. (c) (c) Student time sheets/card;

   1. (d) (d) Contracts;

(f) (f) Progress cards;

1. (xi) The required registration fee;

   1. (xii) Proof that each student enrolled has a high school diploma or its equivalent; and

      1. (xiii) Proof that the institution adopts and discloses to the students the complaint process outlined in 17 CAR § 54-109.
2. (2) When the above information is received in full, the Department of Health will conduct the initial inspection described in 17 CAR § 54-108.
3. (3) When the institution application and initial inspection meet all requirements, the Department of Health will notify the applicant to proceed with school preparations and advertisement for student permit applications, pending the final inspection.

4. (4) License will be issued upon approval of final inspection submission of:

   1. (A) Student enrollment forms;
   2. (B) Required fees; and
   3. (C) Documents.

(b) Inspections.

1. (1) Initial inspection of a new or relocated body art institution.

   1. (A) After all required documentation and fees have been submitted and approved, the Department of Health will conduct an initial inspection on all new or relocated institutions for the purpose of determining suitability based on submitted documentation with application of:

      1. (i) Proposed rooms, including adequacy of floor space, plumbing, ventilation, lighting, etc.;
      2. (ii) Proposed layout;
      3. (iii) Proposed items of equipment and material; and
      4. (iv) Satisfactory evidence of proper provisions for duly licensed instructors.
   2. (B) The findings of the initial inspection and the application with supporting documentation shall be submitted to the Department of Health for its approval.

2. (2) Final inspection of new or relocated body art institution.

   1. (A) A final inspection shall be conducted by an inspector in order to determine that all information previously submitted to the Department of Health on the Instructor/Supervisor Form, the application, and the Initial Inspection Report, such as the floor space, list of equipment on hand, and all other pertinent information, has been strictly adhered to by the owners or administrators of the proposed institution.

   2. (B) No license will be issued to any new institution until:

      1. (i) An inspection report of compliance is received;
      2. (ii) Supporting documents and enrollment fees have been submitted; and
      3. (iii) Student permits have been issued.
   3. (C) If an application is granted and thereafter the Department of Health discovers that false statements were made in connection therewith, this shall constitute sufficient grounds for the cancellation of the institution license even though the false statements are detected after a license has been issued.
   4. (D) The Department of Health may deny an institution license to any applicant or licensee upon reasonable evidence that the institution or its officials would jeopardize the health and safety of the public.

   5. (E) An institution license shall not be issued until the owner of record files with the Department of Health a sworn affidavit designating who is authorized to:

      1. (i) Accept service of notice from the Department of Health; and
      2. (ii) Transact all business negotiations on behalf of the school, including:

(b) (b) Compliance with rulings issued by the committee.

1. (3) Routine inspection of body art institution.

   1. (A) The institution shall be inspected:

      1. (i) At least once a year to ensure compliance with the licensing law and rules promulgated by the State Board of Health, unless complaints are received by the Department of Health; and
      2. (ii)

(b) (b) During an inspection, the Department of Health or its representative may:

1. (1) (1) Review the records maintained by the body art institution;
2. (2) (2) Review the course outline and lesson plans; and

3. (3) (3) Generally evaluate the operation of the body art institution.

   1. (c) (c) Failure to comply with the licensing requirements will be grounds for disciplinary action and license revocation.
   2. (B) To determine compliance of all student files and records for body art institutions, the Department of Health or its representative may review all student files for accuracy.

   3. (C)

      1. (i) Any body art institution that fails to abide by the terms and conditions set out in the body art institution catalog or contract, fails to comply with the procedures for adopting rules, or who is capricious in enforcing body art institution rules may be subject to a disciplinary hearing before the committee pursuant to 17 CAR § 54-108.
      2. (ii) In the case of a nationally accredited body art institution, the Department of Health will notify the proper officials of the disposition of the complaint.
      3. (c) Student artist registration requirements.
4. (1) All students of body art training shall be registered and a student artist permit issued from the Department of Health before accredited hours can be obtained.

5. (2)

   1. (A) Registration prerequisites are as follows:

      1. (i)

(b) (b) The completed registration form must be received, processed, and a student permit issued by the Department of Health before accredited hours can be obtained;

1. (ii) One (1) copy of the student/institution contract;

   1. (iii) A copy of:

(b) (b) Other form of identification verifying the student’s age;

1. (iv) Proof of education:

(b) (b) Results from a test that is approved by the United States Department of Education to measure a student’s ability to benefit (an “Ability-To-Benefit test”) may be used to determine a student’s equivalency to the above;

1. (v) Proof of completed Blood Borne Pathogens course;

   1. (B) Failure to comply with the above-mentioned prerequisites will affect the matriculation date.
   2. (C) All registration forms must state the student’s full legal name.
   3. (D) If the student is married, include the married name after their maiden name.
   4. (E) If a student is married or divorced during the course of training, a copy of the marriage certificate or divorce decree shall be submitted to the Department of Health before records will be changed.
   5. (F) A student who has completed the registration process and whose information is on file with the Department of Health shall complete a student enrollment form without submitting additional documents other than the student permit fee and a method of identification containing a photograph of the student.

   6. (G) In the event a student has training from another state, then the student must provide the following to the Department of Health Cosmetology Section and the school of cosmetology or postsecondary school of cosmetology in which the student wishes to enroll:

      1. (i) A certified copy of the training hours accumulated and certified with the state; or
      2. (ii) If the state does not certify hours, an official transcript from the school of cosmetology or postsecondary school of cosmetology where the student obtained the hours.