(b) The establishment shall remain closed until:

1. (1) All issued fines and/or penalties have been paid; and
2. (2) It is found no longer in violation of any critical item or items upon inspection by the department.

(c) Critical items shall include:

1. (1) Performing a body art procedure on a person who is obviously inebriated or appears to be incapacitated by the use of alcohol or drugs;
2. (2) Performing a body art procedure on a person who shows signs of recent intravenous drug use;

3. (3) Performing a body art procedure on an area of a person’s body with:

   1. (A) Sunburn;
   2. (B) Open lesions;
   3. (C) Rashes; or
   4. (D) Wounds;
4. (4) Performing a body art procedure with the use of a product or ink that is banned or restricted by the Food and Drug Administration;
5. (5) Performing a body art procedure in an area that is not physically and permanently separated from beauty facilities, such as hair and nail services;
6. (6) Performing a body art procedure on an animal in a facility licensed for the application of body art on human beings;
7. (7) Using a piercing gun to pierce any parts of a person’s body other than an earlobe;
8. (8) Performing a piercing with a manually loaded spring-operated piercing device;
9. (9) Piercing an earlobe with a piercing gun that does not use a presterilized encapsulated stud-and-clasp system;
10. (10) Using jewelry for an initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material, except for specified types of glass, gold, and niobium as approved by the department;
11. (11) Failure to maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing;
12. (12) Selling a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, grip, and a tattoo machine to a person within this state who is not licensed as an artist by the department; and
13. (13) Any action that constitutes a danger to the public’s health, safety, or welfare may result in emergency suspension of the artist or establishment license upon factual finding by the department in accordance with Arkansas Code § 25-15-211.