1. (a) Education of student artist.

   1. (1) An artist instructor shall be a licensed instructor in an institution licensed by the Department of Health under Arkansas Code § 17-26-601 et seq.

   2. (2)

      1. (A) The department shall develop standards to determine the:

2. (i) Maximum number of student artists in an institution at one (1) time shall be at a ratio of no more than eight students to one artist instructor (8:1) per instruction hour; and

   1. (ii) Length of the program in hours and across a range of months;

      1. (B) During the artist training in the fields of body art:

         1. (i) Each student artist shall complete not fewer than four hundred (400) clock hours of supervised body art work and classroom instruction in a period of not fewer than six (6) months or more than twenty-four (24) months in an establishment licensed under Arkansas Code § 17-26-603 and Arkansas Code § 6-51-601 et seq.; and
         2. (ii) The hours required under 17 CAR § 54-310(a)(2) shall include no more than:
3. (a) (a) Twenty percent (20%) unsupervised online instruction hours; and

4. (b) (b) Eighty percent (80%) in-person practical instruction hours;

   1. (C) During the artist training in the field of branding:

      1. (i) Each student artist shall complete not fewer than three hundred seventy-five (375) clock hours of supervised body art work and classroom instruction in a period of not fewer than six (6) months or more than twenty-four (24) months in an establishment licensed under Arkansas Code § 20-27-1503 [repealed] and Arkansas Code § 6-51-601 et seq.; and

         1. (ii) The hours required under 17 CAR § 54-310(d)(1) shall include no more than:
5. (a) (a) Twenty percent (20%) unsupervised online instruction hours; and

6. (b) (b) Eighty percent (80%) in-person practical instruction hours.

   1. (3) A licensed artist wanting to study additional fields of body art training may be added by completing not fewer than two hundred fifty (250) clock hours of technical and procedural training in each of the other fields of body art in which a student artist is to be licensed in no fewer than an additional four (4) months after completion and licensure for the initial field of study.

   2. (4)

      1. (A) The artist instructor shall maintain a training log of the clock hours completed by the student artist on forms approved by the department.

      2. (B) The training log shall include, without limitation, a record of:

         1. (i) Hours of both theory and practical education;
         2. (ii) The procedures observed and completed; and
         3. (iii) A list of resources used for training.
      3. (C) The completed training log shall be submitted to the department at the time of application for the practical examination.
   3. (5) The student artist shall keep available for inspection a record book or folder containing records that is separate from the record book of another artist or student artist.
   4. (6) An instructor may offer training only in the area in which the instructor holds a current license from the department.

   5. (7) Certification of training form.

      1. (A)

         1. (i) The institution shall certify the training in accordance with the required curriculum for examination and license.
         2. (ii) This provision does not prohibit an institution from suspending a student for disciplinary reasons.
         3. (iii) Grounds for suspension shall be determined by the owner.
         4. (iv) Only students who have been placed on probation as a result of a previous infraction of the institution rules or policies may be suspended from the institution.
         5. (v) Duration of a suspension shall be set forth in the institution catalog.

      2. (B)

         1. (i) Certification of Hours Forms must be filed with the department within forty-five (45) calendar days immediately following termination of student (last day of attendance).
         2. (ii) Hours of instruction, having been acquired by the student, may not be deducted or increased for any reason.
         3. (iii) Increase or decrease of creditable hours is prohibited.
         4. (iv) If a Certificate of Training is not received within the forty-five (45) days, the student will be dropped by the department and all hours will be certified.
      3. (C) No body art institution owner or instructor shall ever refuse to submit a Certificate of Training form for a student, as well as a student-signed Balance Due on Tuition form, if applicable, pursuant to 17 CAR § 54-309.

      4. (D)

         1. (i) Certification of Hours Forms should be completed by the designated school official, along with the student training permit and paid-in-full contract.
         2. (ii) Only the hours that have been accrued during the current enrollment shall be certified.
         3. (iii) In the event a student has not paid for all of the accumulated hours, a notation shall be made at the bottom of the certification form stating the number of uncertified hours.
         4. (iv) Uncertified hours will not be released until a new certification form is submitted.
         5. (v) Certification of Hours Forms may be obtained from the department upon request and are available for downloading on the department’s website at healthy.arkansas.gov.

7. (b) The department shall adopt a minimum curriculum for each area of body art training that shall be followed by all artist instructors, student artists, and body art training facilities.

   1. (c) Monthly reports for body art institutions.

   2. (1)

      1. (A) All body art institutions are required to report monthly hours to the Body Art Section database by the last day of each month for all students currently enrolled in the school during the prior month.

      2. (B) The monthly report shall reflect the:

         1. (i) Number of hours acquired in the institution during the prior month; and
         2. (ii) Accumulated hours during the current enrollment.

   3. (2)

      1. (A) The Body Art Section will notify the body art institution when an error has been made on the monthly report.
      2. (B) Upon receipt of this notification, the institution owner or instructor is required to check their records and apprise the Body Art Section office of the corrections made within the week.

   4. (3)

      1. (A) All body art institutions have thirty (30) calendar days from the submission date of the monthly report to report any errors in the hours submitted on the monthly report.
      2. (B) Copies of the timecards and/or supporting documentation related to the error shall support corrections.

   5. (4) No changes to student hours will be made after the thirty-day timeframe without good cause.

      1. (d) Student records for body art institutions.
   6. (1) Every body art institution shall keep a daily record of attendance on each student enrolled.

   7. (2)

      1. (A) Every body art institution shall keep a daily record of the student’s activity.
      2. (B) The time the student has acquired in the various phases of body art or its related branches shall be recorded on this record.
   8. (3) The body art institution shall establish a grading system and hold examinations before issuing diplomas.
   9. (4) All necessary basic subjects, in accordance with the department’s curriculum, shall be taught in the proper sequence and depth to prepare each student both for the licensing examination and for successful entry-level work in the profession.

   10. (5)

       1. (A) A course outline and daily lesson plans shall be used by the body art institution.
       2. (B) A course outline shall be provided to students so they will be apprised of the upcoming activities.

   11. (6) Every body art institution shall maintain a student folder containing:

       1. (A) The student’s daily record of attendance;
       2. (B) The student’s daily record of activity;
       3. (C) The student’s enrollment documents;
       4. (D) The signed student contract;
       5. (E) The signed financial agreements between the school and the student; and
       6. (F) Any disciplinary actions.

8. (e) School catalog for body art institution.

   1. (1) Every body art institution shall set forth basic information about itself in a catalog that is:

      1. (A) Kept up-to-date;
      2. (B) Made available to prospective students; and
      3. (C) Submitted to the department with the original application.

   2. (2) The catalog must include the following items at a minimum:

      1. (A) Name and address of body art institution;
      2. (B) Hours of operation, to include scheduled closures such as holidays and vacations;
      3. (C) Date of publication;
      4. (D) When the body art institution was established;
      5. (E) Admission requirements;
      6. (F) Educational objectives of each program;
      7. (G) Length of course and course description;
      8. (H) Grading system;
      9. (I) Graduation requirements;
      10. (J) Type of document received upon graduation;
      11. (K) Refund policy;
      12. (L) Name or names of owners; and
      13. (M) Scholarship and fee waiver policies.

   3. (3) Either the catalog or a dated supplement to the catalog must include:

      1. (A) Total tuition for the course;
      2. (B) Books and supplies;
      3. (C) Registration fee or enrollment fee;
      4. (D) Charges for extra instruction;
      5. (E) All other costs assessed to students;
      6. (F) Details, conditions, and methods of payment of monies owed to the body art institution;
      7. (G) Body art institution policies and rules;
      8. (H) Disciplinary action for failure to abide by policies or rules; and
      9. (I) Name of administrative staff and faculty of the body art institution.

   4. (4)

      1. (A) Prior to adoption, amendment, or repeal of any rule or catalog, the body art institution shall give notice of its intended action to the students enrolled in the postsecondary body art institution.

      2. (B)

         1. (i) The notice shall include the following:
9. (a) (a) The effective date;

10. (b) (b) Whether the rule or rules are new, repeals, or changes to an existing rule; and

    1. (c) (c) What the rule or rules are.

       1. (ii) After the students are given notice in the proper form, all students enrolled in said body art institution will be required to sign a document stating that they have been apprised of the intended action.

    2. (5) Notice to the department.

       1. (A) After the rule or rules have been adopted by the body art institution, a supplement that contains the revisions shall be attached to all catalogs that the body art institution has on hand.
       2. (B) Any amendments to the catalog must be submitted via email to the department as well as distributed to currently enrolled students.

    3. (6) Body art institution contracts.

       1. (A) Body art institution contracts must clearly outline the obligation of both the institution and the student in accordance with the terms and conditions stipulated in the school catalog.

       2. (B) All contracts must contain the following:

          1. (i) The name and address of the body art institution;
          2. (ii) The name and address of the applicant;
          3. (iii) Course of training. Total hours of instruction;
          4. (iv) Institution term.
11. (a) (a) Stipulate full-time or part-time.

12. (b) (b) Must state the number of hours each day and days per week;

    1. (v) Schedule of payments.
13. (a) (a) State tuition and whether the tuition includes the cost of the kit and book.

14. (b) (b) If the kit and book are not included in the tuition, said items must be itemized.

    1. (c) (c) The down payment, balance of the contract, and the monthly payments must be stated;

       1. (vi) The body art institution refund policy must be stated;

          1. (vii) Acknowledgement that the student received a copy of the body art institution rules and catalog;
          2. (viii)
15. (a) (a) Contracts of underaged students shall be signed by a parent or guardian.

16. (b) (b) Parent or guardian signature is required for students under eighteen (18) years of age; and

    1. (ix) All body art institution contracts must be fully executed.

17. (f) Instructor training body art institutions and renewal requirements. An artist that:

    1. (1) Has been licensed by the department for at least five (5) years in the specified field of body art in which he or she will offer training;
    2. (2) Has worked in a body art establishment licensed by the department for at least five (5) years and has been in compliance with department rules governing body artists;
    3. (3) Has completed the course required under Arkansas Code § 20-27-1506 [repealed];
    4. (4) Is a registered instructor for the specified field of body art with the department;
    5. (5) Has completed a course in safety and sanitation guidelines and requirements by the department;
    6. (6) Shall not exceed a ratio of one instructor to eight students (1:8) per instruction hour;
    7. (7) Is at least twenty-one (21) years of age; and
    8. (8) 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.

Codification Notes: Arkansas Code § 20-27-1506 was repealed by Acts 2021, No. 900, § 4. Arkansas Code § 20-27-1503 was repealed by Acts 2021, No. 900, § 4.