Stricken language would be deleted from and underlined language would be added to present law.
*MLD117* 3/9/2023 8:15:55 AM MLD117
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 392 3
4
By: Senator B. Davis 5
6
For An Act To Be Entitled 7
AN ACT TO AMEND THE LAW CONCERNING BODY ART; TO AMEND 8
THE LAW CONCERNING T HE COSMETOLOGY TECHN ICAL ADVISORY 9
COMMITTEE; AND FOR O THER PURPOSES. 10
11
12
Subtitle 13
AN ACT TO AMEND THE LAW CONCERNING BODY 14
ART; AND TO AMEND THE LAW CONCERNING THE 15
COSMETOLOGY TECHNICAL ADVISORY COMMITTEE. 16
17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code § 17 -3-102(h)(4), concerning licensing 21
restrictions based on criminal records, is repealed. 22
(4) Of body artists under § 17 -26-601 et seq. 23
24
SECTION 2. Arkansas Code § 17 -26-201(c), concerning the creation and 25
members of the Cosmetology Technical Advisory Committee, is amended to read 26
as follows: 27
(c) The committee shall be composed of the following representatives 28
from within the cosmetology industry who are at least twenty -five (25) years 29
of age: 30
(1) One (1) member shall be a licensed cosmetologist actively 31
engaged in practicing the art of cosmetology for at least five (5) years at 32
the time of appointment; 33
(2) One (1) member s hall be a licensed nail technician; 34
(3) One (1) member shall be an owner of a licensed school of 35
cosmetology or shall be a director of cosmetology at a state -supported 36 SB392
2 3/9/2023 8:15:55 AM MLD117
school; 1
(4) One (1) member shall be a licensed aesthetician; 2
(5) Three (3) members One (1) member shall represent the 3
cosmetology industry at large or a related field; 4
(6) One (1) member shall represent the permanent and 5
semipermanent cosmetic industry be a licensed permanent cosmetic artist 6
actively engaged in the practice of per manent cosmetics for a minimum of five 7
(5) years in the State of Arkansas at the time of the appointment ; and 8
(7) One (1) member shall represent the body art industry ; 9
(8) One (1) member shall be a licensed tattoo artist actively 10
engaged in the pract ice of tattooing for a minimum of five (5) years in the 11
State of Arkansas at the time of the appointment; 12
(9) One (1) member shall be a licensed piercing artist actively 13
engaged in the practice of piercing for a minimum of five (5) years in the 14
State of Arkansas at the time of the appointment . 15
16
SECTION 3. Arkansas Code § 17 -26-601(1)-(3), concerning the 17
definitions in relation to body art, are amended to read as follows: 18
(1) “Artist” means any person other than a licensed physician 19
who performs body art on a human and is licensed in this state ; 20
(2) “Artist in training Student artist” means a person who: 21
(A) Is in training under the supervision of an artist 22
trainer instructor or a physician; and 23
(B) Shall not perform body art independently without the 24
supervision of an artist instructor ; 25
(3) “Artist trainer instructor” means an artist who: 26
(A) Has been licensed by the Department of Health as an 27
artist for at least five (5) years in the specified field of body art in 28
which he or she will offer training; 29
(B) Has worked in a body art establishment licensed by the 30
department for at least five (5) years and been in compliance with department 31
rules governing body artists; 32
(C) Has completed the course required under § 17 -26-606; 33
and 34
(D) Is a registered instructor for the specified field of 35
body art with the department; 36 SB392
3 3/9/2023 8:15:55 AM MLD117
(E) Has completed a course in safety and sanitation 1
guidelines and requirements by the department; 2
(F) Shall not exceed a ratio of one (1) instructor to 3
eight (8) students per instruction hour; 4
(G) Is at least twenty -one (21) years of age; and 5
(H) Has completed two hundred and fifty (250) 6
instructional hours from a state approved instructor program. 7
8
SECTION 4. Arkansas Code § 17 -26-601, concerning definitions in 9
relation to body art, is amended to add additional subdivisions to read as 10
follows: 11
(15) “Host” means an individual or business entity, including an 12
event coordinator or manager, responsible for the organization of a 13
convention, tradesho w, or other temporary event that includes a body art 14
demonstration booth; 15
(16) “Institution” means an establishment that is licensed by 16
the department to offer postsecondary education to student artists in 17
training through artist instructors in the fiel d of body art; 18
(17)(A) “Permanent cosmetics” means the application of pigment 19
placed in the skin by a needle or other instrument to beautify the body, 20
including without limitation for the purposes of: 21
(A) Scar camouflaging; 22
(B) Scalp micropigm entation; 23
(C) Pigment lightening; 24
(D) Applying permanent eyebrows, including without 25
limitation: 26
(i) Microblading; and 27
(ii) Manual methods; 28
(E) Applying permanent eyeliner; 29
(F) Applying permanent lip liner or lip color; and 30
(G) Applying three-dimensional nipples and areola. 31
(B) “Permanent cosmetics” does not include tattooing or a 32
tattooing procedure. 33
34
SECTION 5. Arkansas Code § 17 -26-602(b) and (c), concerning 35
documentation and consent to perform body art on perso n under eighteen years 36 SB392
4 3/9/2023 8:15:55 AM MLD117
of age, are amended to read as follows: 1
(b) A person shall not perform body art on a person under sixteen (16) 2
years of age, regardless of parental consent, except when piercing the 3
earlobe or when the person is given medical conse nt due to medical necessity 4
from a physician in addition to parental consent . 5
(c) It is unlawful for a person to perform body art on the nipple 6
areola or genitalia of a person under eighteen (18) years of age regardless 7
of parental consent unless given medical consent due to medical necessity 8
from a physician in addition to parental consent . 9
10
SECTION 6. Arkansas Code § 17 -26-603(a)(2), concerning the authority 11
of the Department of Health to license, regulate, and inspect for health 12
hazards of body art establishments, is amended to read as follows: 13
(2) A body art training facility An institution shall be 14
licensed by the department as an establishment and as an approved body art 15
training facility institution. 16
17
SECTION 7. Arkansas Code § 17 -26-603(a)(4), concerning the authority 18
of the Department of Health to license, regulate, and inspect for health 19
hazards of body art establishments, is amended to read as follows: 20
(4) The business premises, equipment, procedures, techniques, 21
and conditions of thos e businesses shall be subject to at least one (1) 22
inspection by the department annually. 23
24
SECTION 8. Arkansas Code § 17 -26-603(b)(1), concerning the authority 25
of the Department of Health to license, regulate, and inspect for health 26
hazards of body art es tablishments, is amended to read as follows: 27
(b)(1) The department may adopt appropriate rules regarding the 28
artists, premises, equipment, procedures, techniques, and conditions of 29
establishments which perform procedures subject to this subchapter to ass ure 30
that the premises, equipment, procedures, techniques, and conditions are 31
aseptic and do not constitute a health hazard. 32
33
SECTION 9. Arkansas Code § 17 -26-603(e)(2)(A), concerning the 34
authority of the Department of Health to license, regulate, and ins pect for 35
health hazards of body art establishments, is amended to read as follows: 36 SB392
5 3/9/2023 8:15:55 AM MLD117
(2)(A) The department shall collect a one -time fee of five 1
hundred dollars ($500) two hundred dollars ($200) per artist licensed in a 2
state other than Arkansas or a country other than the United States who 3
applies for qualifications review by the department. 4
5
SECTION 10. Arkansas Code § 17 -26-606 is amended to read as follows: 6
17-26-606. Blood-borne pathogens course. 7
(a)(1) Each artist, artist trainer instructor, and student artist in 8
training shall complete United States Occupational Safety and Health 9
Administration blood -borne pathogens training approved by the Department of 10
Health. 11
(2) An approved onli ne course may be used to satisfy the 12
requirement under subdivision (a)(1) of this section. 13
(b) Each artist trainer instructor shall complete the course before 14
training any student artist in training. 15
(c) Each student artist in training shall complete the course before 16
applying for the examination required under § 17 -26-608. 17
(d)(1) After completion of a first United States Occupational Safety 18
and Health Administration blood -borne pathogens training approved by the 19
department, an artist, an artist trainer instructor, and an a student artist 20
in training shall renew the training annually. 21
(2) A copy of each annual certification under subdivision (d)(1) 22
of this section shall be submitted to the department with the license 23
renewal. 24
25
SECTION 11. Arkansas Code § 17-26-607 is amended to read as follows: 26
17-26-607. Education of student artist in training. 27
(a) An artist trainer instructor shall be a registered instructor in a 28
school institution licensed by the Department of Health. 29
(b) The department shall develop standards to determine: 30
(1) The maximum number of student artists in training in a 31
training facility at any time shall be at a ratio of no more than eight (8) 32
students to one (1) artist instructor per instruction hour ; and 33
(2) The length of the program in hours and across a range of 34
months. 35
(c)(1)(A)(i) During the student artist in training in the fields of 36 SB392
6 3/9/2023 8:15:55 AM MLD117
tattooing, body piercing, or permanent cosmetics body art, each student 1
artist in training shall complete not less than three hundred seventy-five 2
(375) four hundred (400) clock hours of supervised body art work and 3
classroom instruction in a period not less than six (6) months or more than 4
twenty-four (24) months in an establishment licensed under § 17 -26-603 and § 5
6-51-601 et seq. 6
(ii) The hours required under subdivision 7
(c)(1)(A)(i) shall include no more than twenty percent (20%) to be 8
unsupervised online instruction hours and eighty percent (80%) in person 9
practical instruction hours. 10
(B) During the student artist training in the field of 11
branding, each student artist in training shall complete not less than three 12
hundred seventy-five (375) clock hours of supervised body art work and 13
classroom instruction in a period not less than six (6) months or more than 14
twenty-four (24) months in an establishment licensed under § 17 -26-603 and § 15
6-51-601 et seq. 16
(C) Additional fields of body art training may be added by 17
completing not less than two hundred fifty (250) clock hours of technical and 18
procedural training in each of the other fields of body art in which an a 19
student artist in training is to be licensed in no less than four (4) months . 20
(D) An A student artist in training studying multiple 21
fields of body art at the same time shall complete the total clock hours of 22
all fields in each specific field in not less than twelve (12) months or more 23
than twenty-four (24) months. 24
(2)(A) The artist trainer instructor shall maintain a training 25
log of the clock hours completed by the student artist in training on forms 26
approved by the department. 27
(B) The training log shall include without limitation a 28
record of: 29
(i) Hours of both theory and practical education; 30
(ii) The procedures observed and completed; and 31
(iii) A list of resources used for training. 32
(C) The student artist in training shall keep available 33
for inspection a bound record book that is separate from the record book of 34
another artist or student artist in training. 35
(D) The completed training log shall be submitted to the 36 SB392
7 3/9/2023 8:15:55 AM MLD117
department at the time of the practical examination under § 17 -26-608. 1
(d) An artist trainer instructor may offer training only in the area 2
in which the artist trainer instructor holds a current license from the 3
department. 4
(e) The department shall adopt a minimum curriculum for each area of 5
body art training that shall be followed by all artist trainers instructors, 6
student artists in training, and body art training facilities. 7
8
SECTION 12. Arkansas Code § 17 -26-609(c), concerning temporary 9
demonstration licenses, is amended to read as follows: 10
(c)(1) The sponsor host of a body art event for an educat ional 11
purpose, a trade show, a demonstration, or a combination of an educational 12
purpose, a trade show, and a demonstration of body art procedures where body 13
art is performed shall obtain the necessary permits to conduct business in 14
the jurisdiction in whi ch the event will be held, including without 15
limitation a permit issued by the department. 16
(2) The department shall collect a nonrefundable sponsor host 17
fee of fifty dollars ($50.00) per artist who performs body art at an event, 18
not to exceed two thousa nd dollars ($2,000) per event. 19
(3) In addition to the penalties under § 17 -26-602, a sponsor 20
host who violates this subsection is subject to closure of the temporary body 21
art event and a penalty not to exceed three (3) times the cost of the permit. 22
23
SECTION 13. Arkansas Code § 17 -26-611(a)(5), concerning the 24
prohibitions of the practice of body art, is amended to read as follows: 25
(5) In a procedure area that is not physically and permanently 26
separated from beauty facilities areas with a wall and a d oor, such as hair 27
cosmetology, aesthetics, and nail services; and 28
29
30
31
32
33
34
35
36