Stricken language would be deleted from and underlined language would be added to present law.
Act 688 of the Regular Session
*MLD117* 03-30-2023 14:10:20 MLD117
State of Arkansas As Engrossed: S3/30/23 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 amended to read as follows: 22
(4) Of body artists under § 17 -26-601 et seq. who hold a valid 23
license on or before July 1, 2024. 24
25
SECTION 2. Arkansas Code § 17 -26-201(b)(1), concerning the creation 26
and members of the Cosmetology Technical Advisory Committee, is amended to 27
read as follows: 28
(b)(1) The committee shall consist of nine (9) eleven (11) members 29
appointed by the State Board of Health to two -year terms. 30
31
SECTION 3. Arkansas Code § 17 -26-201(c), concerning the creation and 32
members of the Cosmetology Technical Advisory Commit tee, is amended to read 33
as follows: 34
(c) The committee shall be composed of the following representatives 35
from within the cosmetology industry who are at least twenty -five (25) years 36 As Engrossed: S3/30/23 SB392
2 03-30-2023 14:10:20 MLD117
of age: 1
(1) One (1) member shall be a licensed cosmetologist actively 2
engaged in practicing the art of cosmetology for at least five (5) years at 3
the time of appointment; 4
(2) One (1) member shall be a licensed nail technician; 5
(3) One (1) member shall be an owner of a licensed school of 6
cosmetology or shall be a direc tor of cosmetology at a state -supported 7
school; 8
(4) One (1) member shall be a licensed aesthetician; 9
(5) Three (3) members shall represent the cosmetology industry 10
at large or a related field; 11
(6) One (1) member shall represent the permanent and 12
semipermanent cosmetic industry be a licensed permanent cosmetic artist 13
actively engaged in the practice of permanent cosmetics for a minimum of five 14
(5) years in the State of Arkansas at the time of the appointment ; and 15
(7) One (1) member shall represen t the body art industry ; 16
(8) One (1) member shall be a licensed tattoo artist actively 17
engaged in the practice of tattooing for a minimum of five (5) years in the 18
State of Arkansas at the time of the appointment; 19
(9) One (1) member shall be a license d piercing artist actively 20
engaged in the practice of piercing for a minimum of five (5) years in the 21
State of Arkansas at the time of the appointment . 22
23
SECTION 4. Arkansas Code § 17 -26-601(1)-(3), concerning the 24
definitions in relation to body art, are amended to read as follows: 25
(1) “Artist” means any person other than a licensed physician 26
who performs body art on a human and is licensed in this state ; 27
(2) “Artist in training Student artist” means a person who: 28
(A) Is in training under the supervision of an artist 29
trainer instructor or a physician; and 30
(B) Shall not perform body art independently without the 31
supervision of an artist instructor ; 32
(3) “Artist trainer instructor” means an artist who: 33
(A) Has been licensed by the Department of Health as an 34
artist for at least five (5) years in the specified field of body art in 35
which he or she will offer training; 36 As Engrossed: S3/30/23 SB392
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(B) Has worked in a body art establishment licensed by the 1
department for at least five (5) years and been in compliance with department 2
rules governing body artists; 3
(C) Has completed the course required under § 17 -26-606; 4
and 5
(D) Is a registered instructor for the specified field of 6
body art with the department; 7
(E) Has completed a course in safety and sanitation 8
guidelines and requirements by the department; 9
(F) Shall not exceed a ratio of one (1) instructor to 10
eight (8) students per instruction hour; 11
(G) Is at least twenty -one (21) years of age; and 12
(H) Has completed two hundred and fifty (250) 13
instructional hours from a state approved instructor program if the artist 14
instructor is a permanent cosmetics artist instructor. 15
16
SECTION 5. Arkansas Code § 17 -26-601(4), concerning definitions in 17
relation to body art, is amended to read as follows: 18
(4) “Body art” means procedures that include: 19
(A) Tattooing; 20
(B) Permanent cosmetics; 21
(C) Body piercing; 22
(C)(D) Branding; or 23
(D)(E) Scarification; 24
25
SECTION 6. Arkansas Code § 17-26-601, concerning defin itions in 26
relation to body art, is amended to add additional subdivisions to read as 27
follows: 28
(15) “Host” means an individual or business entity, including an 29
event coordinator or manager, responsible for the organization of a 30
convention, tradeshow, or other temporary event that includes a body art 31
demonstration booth; 32
(16) “Institution” means an establishment that is licensed by 33
the department to offer postsecondary education to student artists in 34
training through artist instructors in the field of body art; 35
(17)(A) “Permanent cosmetics” means the application of pigment 36 As Engrossed: S3/30/23 SB392
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placed in the skin by a needle or other instrument to beautify the body, 1
including without limitation for the purposes of: 2
(A) Scar camouflaging; 3
(B) Scalp micropigmentat ion; 4
(C) Pigment lightening; 5
(D) Applying permanent eyebrows, including without 6
limitation: 7
(i) Microblading; and 8
(ii) Manual methods; 9
(E) Applying permanent eyeliner; 10
(F) Applying permanent lip liner or lip color; and 11
(G) Applying three-dimensional nipples and areola. 12
(B) “Permanent cosmetics” does not include tattooing or a 13
tattooing procedure. 14
15
SECTION 7. Arkansas Code § 17 -26-602(c), concerning documentation and 16
consent to perform body art on person under eigh teen years of age, is amended 17
to read as follows: 18
(c) It is unlawful for a person to perform body art on the nipple 19
areola or genitalia of a person under eighteen (18) years of age regardless 20
of parental consent. 21
22
SECTION 8. Arkansas Code § 17-26-602, concerning documentation and 23
consent to perform body art on persons under eighteen years of age, is 24
amended to add an additional subsection to read as follows: 25
(j) A person under eighteen (18) years of age may undergo a perma nent 26
cosmetics procedure due to a medical necessity if he or she is given medical 27
consent from a physician in addition to parental consent. 28
29
SECTION 9. Arkansas Code § 17 -26-603(a)(2), concerning the authority 30
of the Department of Health to license, regu late, and inspect for health 31
hazards of body art establishments, is amended to read as follows: 32
(2) A body art training facility An institution shall be 33
licensed by the department as an establishment and as an approved body art 34
training facility institution. 35
36 As Engrossed: S3/30/23 SB392
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SECTION 10. Arkansas Code § 17 -26-603(a)(4), concerning the authority 1
of the Department of Health to license, regulate, and inspect for health 2
hazards of body art establishments, is amended to read as follows: 3
(4) The business premises, equipme nt, procedures, techniques, 4
and conditions of those businesses shall be subject to at least one (1) 5
inspection by the department annually. 6
7
SECTION 11. Arkansas Code § 17 -26-603(b)(1), concerning the authority 8
of the Department of Health to license, regu late, and inspect for health 9
hazards of body art establishments, is amended to read as follows: 10
(b)(1) The department may adopt appropriate rules regarding the 11
artists, premises, equipment, procedures, techniques, and conditions of 12
establishments which perform procedures subject to this subchapter to assure 13
that the premises, equipment, procedures, techniques, and conditions are 14
aseptic and do not constitute a health hazard. 15
16
SECTION 12. Arkansas Code § 17 -26-603(e)(2)(A), concerning the 17
authority of the Department of Health to license, regulate, and inspect for 18
health hazards of body art establishments, is amended to read as follows: 19
(2)(A) The department shall collect a one -time fee of five 20
hundred dollars ($500) two hundred dollars ($200) per artist licensed in a 21
state other than Arkansas or a country other than the United States who 22
applies for qualifications review by the department. 23
24
SECTION 13. Arkansas Code § 17 -26-606 is amended to read as follows: 25
17-26-606. Blood-borne pathogens course. 26
(a)(1) Each artist, artist trainer instructor, and student artist in 27
training shall complete United States Occupational Safety and Health 28
Administration blood -borne pathogens training approved by the Department of 29
Health. 30
(2) An approved online course may be used to satisfy the 31
requirement under subdivision (a)(1) of this section. 32
(b) Each artist trainer instructor shall complete the course before 33
training any student artist in training. 34
(c) Each student artist in training shall complete the course before 35
applying for the examination required under § 17 -26-608. 36 As Engrossed: S3/30/23 SB392
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(d)(1) After completion of a first United States Occupational Safety 1
and Health Administration blood -borne pathogens training approved by the 2
department, an artist, an artist trainer instructor, and an a student artist 3
in training shall renew the training annually. 4
(2) A copy of each annual certification under subdivision (d)(1) 5
of this section shall be submitted to the department with the lice nse 6
renewal. 7
8
SECTION 14. Arkansas Code § 17 -26-607 is amended to read as follows: 9
17-26-607. Education of student artist in training. 10
(a) An artist trainer instructor shall be a registered instructor in a 11
school institution licensed by the Department of Health. 12
(b) The department shall develop standards to determine: 13
(1) The maximum number of student artists in training in a 14
training facility at any time shall be at a ratio of no more than eight (8) 15
students to one (1) artist instructor per instruction hour ; and 16
(2) The length of the program in hours and across a range of 17
months. 18
(c)(1)(A)(i) During the student artist in training in the fields of 19
tattooing, body piercing, or permanent cosmetics body art, each student 20
artist in training shall complete not less than three hundred seventy -five 21
(375) four hundred (400) clock hours of supervised body art work and 22
classroom instruction in a period not less than six (6) months or more than 23
twenty-four (24) months in an esta blishment licensed under § 17 -26-603 and § 24
6-51-601 et seq. 25
(ii) The hours required under subdivision 26
(c)(1)(A)(i) shall include no more than twenty percent (20%) to be 27
unsupervised online instruction hours and eighty percent (80%) in person 28
practical instruction hours. 29
(B) During the student artist training in the field of 30
branding, each student artist in training shall complete not less than three 31
hundred seventy-five (375) clock hours of supervised body art work and 32
classroom instruction in a pe riod not less than six (6) months or more than 33
twenty-four (24) months in an establishment licensed under § 17 -26-603 and § 34
6-51-601 et seq. 35
(C) Additional A licensed artist wanting to study 36 As Engrossed: S3/30/23 SB392
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additional fields of body art training may be added by completing not less 1
than two hundred fifty (250) clock hours of technical and procedural training 2
in each of the other fields of body art in which an a student artist in 3
training is to be licensed in no less than an additional four (4) months 4
after completion and licensure for the initial field of study . 5
(D)(i) An A student artist in training studying multiple 6
fields of body art at the same time shall complete the total clock hours of 7
all fields in each specific field in not less than ten (10) months for two 8
fields of study and not less than twelve (12) months for three or more fields 9
of study than twenty-four (24) months. 10
(ii) A student artist may receive the initial 11
licensure for the first field of stud y after the first six (6) months, 12
provided the student artist has completed the required hours of supervised 13
body art work and classroom instruction, and the remaining licensure of the 14
additional fields of study upon completion of the requirements in this 15
section. 16
(2)(A) The artist trainer instructor shall maintain a training 17
log of the clock hours completed by the student artist in training on forms 18
approved by the department. 19
(B) The training log shall include without limitation a 20
record of: 21
(i) Hours of both theory and practical education; 22
(ii) The procedures observed and completed; and 23
(iii) A list of resources used for training. 24
(C) The student artist in training shall keep available 25
for inspection a bound record book that is s eparate from the record book of 26
another artist or student artist in training. 27
(D) The completed training log shall be submitted to the 28
department at the time of the practical examination under § 17 -26-608. 29
(d) An artist trainer instructor may offer training only in the area 30
in which the artist trainer instructor holds a current license from the 31
department. 32
(e) The department shall adopt a minimum curriculum for each area of 33
body art training that shall be followed by all artist trainers instructors, 34
student artists in training, and body art training facilities. 35
36 As Engrossed: S3/30/23 SB392
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SECTION 15. Arkansas Code § 17 -26-608(a)(1)(A), concerning the 1
examination and fee for an artist in training, is amended to read as follows: 2
(a)(1)(A) Each artist in training seeking licensure as an artist under 3
the rules of the Department of Health shall take a written examination 4
prepared or approved by the department before beginning upon completion of 5
training. 6
7
SECTION 16. Arkansas Code § 17-26-609(c), concerning temporary 8
demonstration licenses, is amended to read as follows: 9
(c)(1) The sponsor host of a body art event for an educational 10
purpose, a trade show, a demonstration, or a combination of an educational 11
purpose, a trade show, and a demonstration of body art procedures where body 12
art is performed shall obtain the necessary permits to conduct b usiness in 13
the jurisdiction in which the event will be held, including without 14
limitation a permit issued by the department. 15
(2) The department shall collect a nonrefundable sponsor host 16
fee of fifty dollars ($50.00) per artist who performs body art at an event, 17
not to exceed two thousand dollars ($2,000) per event. 18
(3) In addition to the penalties under § 17 -26-602, a sponsor 19
host who violates this subsection is subject to closure of the temporary body 20
art event and a penalty not to exceed three (3) times the cost of the permit. 21
22
SECTION 17. Arkansas Code § 17 -26-611(a)(5), concerning the 23
prohibitions of the practice of body art, is amended to read as follows: 24
(5) In a procedure area that is not physically and permanently 25
separated from beauty facilities areas with a wall and a door , such as hair 26
cosmetology, aesthetics, and nail services; and 27
28
SECTION 18. Arkansas Code Title 17, Chapter 26, Subchapter 7, is 29
repealed. 30
31
Subchapter 7 32
— Permanent Cosmetics and Semipermanent Cosmetics 33
34
17-26-701. Definitions. 35
As used in this subchapter: 36 As Engrossed: S3/30/23 SB392
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(1) “Artist” means any person other than a licensed physician 1
who performs permanent cosmetics or semipermanent cosmetics on a human and is 2
licensed in this state; 3
(2) “Critical item” means an aspect of oper ation or condition of 4
a facility or equipment that constitutes the greatest hazard to health and 5
safety, including imminent health hazards; 6
(3) “Establishment” means any place or facility: 7
(A) Where permanent cosmetics or semipermanent cosmetics 8
is performed; and 9
(B) That has an artist licensed in Arkansas on staff; 10
(4) “Guest artist” means an artist from a state other than 11
Arkansas or a country other than the United States who: 12
(A) Holds a license from the permanent cosmetics or 13
semipermanent cosmetics regulatory board or agency, if in existence, in that 14
state or country; or 15
(B) If an artist license is not available in the guest 16
artist's state or country, can submit to the Department of Health evidence of 17
professional experience, emplo yment, and education including: 18
(i) Proof of blood-borne pathogen certification; and 19
(ii) Proof of employment in an establishment for at 20
least two (2) years; 21
(5) “Institution” means an establishment that is owned by an 22
artist and licensed by th e department to offer postsecondary education to 23
students in the field of permanent cosmetics and semipermanent cosmetics; 24
(6) “Paramedical tattooing” means procedures that involve 25
repigmentation, including without limitation: 26
(A) 3D nipple and areola; 27
(B) Scar camouflaging; 28
(C) Scalp micropigmentation; 29
(D) Microblading; 30
(E) Makeup application; and 31
(F) Pigment lightening; 32
(7) “Permanent cosmetics” means the application of pigment 33
placed in the skin by needle or other instruments to beautify the body 34
including without limitation: 35
(A) Permanent eyebrows; 36 As Engrossed: S3/30/23 SB392
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(B) Permanent eyeliner; and 1
(C) Permanent lip liner or color; 2
(8) “Repigmentation” means recoloration of the skin, including 3
through the use of dermabrasi on or chemical peels, sought due to: 4
(A) Birthmarks, vitiligo, or other skin conditions that 5
result in the loss of melanin to the skin; 6
(B) Scarring caused by surgical procedures, including 7
without limitation face lifts, mole or wart removal, caute rization, and other 8
similar procedures; 9
(C) Mastectomy, including recreation of an areola or 10
nipple; or 11
(D) Blotchy pigmentation; 12
(9) “Semipermanent cosmetics” means the application of cosmetic 13
products in or on the body to beautify the body, in cluding without 14
limitation: 15
(A) Repigmentation; 16
(B) Microneedling; 17
(C) Eyelash extensions; 18
(D) Makeup application; and 19
(E) Removal of hair through products or instruments which 20
do not include waves, rays, or lasers; 21
(10) “Sponsor” means an individual or business entity, including 22
an event coordinator or manager, responsible for the organization of a 23
convention, trade show, or other temporary event that includes a permanent 24
cosmetics or semipermanent cosmetics demonstration booth; 25
(11) “Sponsor educator” means an individual who: 26
(A) Has been certified by the department as an instructor 27
of permanent cosmetics and semipermanent cosmetics on or before July 28, 28
2021; or 29
(B) On and after July 28, 2021, meets the following 30
requirements: 31
(i) Has completed the education required under § 17 -32
26-707; and 33
(ii) Is a registered instructor for permanent 34
cosmetics or semipermanent cosmetics with the department; and 35
(12) “Student” means any person who is enrolled and engaged in 36 As Engrossed: S3/30/23 SB392
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learning or acquiring knowledge of permanent cosmetics and semipermanent 1
cosmetics in an institution under a sponsor educator. 2
3
17-26-702. Unlawful to perform permanent cosmetics or semipermanent 4
cosmetics on person under 18 years of age — Documentation and consent. 5
(a)(1) A person under eighteen (18) years of age shall not undergo 6
permanent cosmetics or semipermanent cosmetics unless: 7
(A) Written consent is given by the person's parent or 8
legal guardian; 9
(B) The parent or legal guardian is present during the 10
procedure; 11
(C) The person to undergo permanent cosmetics and 12
semipermanent cosmetics and the parent or legal guardian each provide a valid 13
government-issued form of identification that includes a name, date of birth, 14
and photo; and 15
(D) The parent or legal guardian presents proof of 16
guardianship that matches the identification given, including without 17
limitation a birth certificate or a court or state record for adoption, legal 18
guardianship, emancipation, or a marriage license. 19
(2) The artist shall retain for at least two (2) years a copy of 20
a photo identification and a proof of guardianship presented under 21
subdivision (a)(1) of this section. 22
(b) A person shall not perform permanent cosmetics and paramedical 23
tattooing on a person under thirteen (13) years of age, regardless of 24
parental consent, except when authorized or prescribed by a physician's 25
statement. 26
(c) Regardless of age, the person receiving the permanent cosmetics 27
and semipermanent cosmetics shall attest to the fact that he or she is not 28
under the influence of drugs or alcohol. 29
(d) Printed and verbal instructions on the care of the skin and the 30
permanent cosmetics and semipermanent cosmetics shall be given to each person 31
after the procedure, and a copy of the instr uctions shall be posted in a 32
conspicuous place in the establishment. 33
(e)(1)(A) In addition to the attestations required in subsections (a) 34
and (c) of this section, records shall be kept of all persons receiving 35
permanent cosmetics and semipermanent cosme tics and of the parents or legal 36 As Engrossed: S3/30/23 SB392
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guardians giving consent under the rules promulgated by the Department of 1
Health to implement this subchapter. 2
(B) If the person to undergo permanent cosmetics and 3
semipermanent cosmetics is under eighteen (18) years of age, the record shall 4
include the printed legal name and signature of the parent or legal guardian. 5
(2) All records shall be retained for at least two (2) years 6
from the last date recorded in the bound book. 7
(3) All required signatures shall be in i nk or digital form, and 8
required records shall be available at a reasonable time for examination by 9
the department and by local health officials. 10
(f)(1) Except as provided in subsections (a) -(c) of this section, it 11
is unlawful to perform permanent cosmet ics and semipermanent cosmetics on a 12
person under eighteen (18) years of age, and any person who pleads guilty or 13
nolo contendere to or is found guilty of a violation of this subdivision 14
(f)(1) is guilty of a Class A misdemeanor. 15
(2) Any person who fals ely claims to be the minor's parent or 16
legal guardian for the purpose of obtaining permanent cosmetics and 17
semipermanent cosmetics for a person under eighteen (18) years of age shall 18
be guilty of a Class D felony. 19
(3) It is not a defense to a criminal p rosecution under 20
subdivision (f)(1) of this section that at the time of the offense the person 21
who received the permanent cosmetics or semipermanent cosmetics possessed a 22
letter of consent from the person's parent or legal guardian if the letter 23
was forged or if a person falsely assumed the identity of the minor's parent 24
or legal guardian. 25
(g)(1) It is unlawful to perform permanent cosmetics or semipermanent 26
cosmetics in any unlicensed establishment. 27
(2) A person who pleads guilty or nolo contendere to or is found 28
guilty of a violation of subdivision (g)(1) of this section is guilty of a 29
Class D felony. 30
(3) A fine collected under this section, less court fees, shall 31
be allocated as follows: 32
(A) Fifty percent (50%) to the State of Arkansas; 33
(B) Twenty-five percent (25%) to the city or county that 34
levied and collected the fine; and 35
(C) Twenty-five percent (25%) to be deposited into the 36 As Engrossed: S3/30/23 SB392
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State Treasury, credited to the Public Health Fund, and used exclusively for 1
permanent cosmetics and semipe rmanent cosmetics. 2
3
17-26-703. Licensure, regulation, and inspection for health hazards. 4
(a)(1) An artist who performs permanent cosmetics or semipermanent 5
cosmetics shall be licensed by the Department of Health. 6
(2) An establishment where artists perform permanent cosmetics 7
or semipermanent cosmetics shall be licensed by the department. 8
(3) An institution shall be licensed by the department as an 9
establishment. 10
(4) An artist from a state other than Arkansas or a country 11
outside of the United States who holds a license from the permanent cosmetics 12
and semipermanent cosmetics regulatory board or agency in that state or 13
country may submit an application for qualifications review by the department 14
to determine eligibility for a permanent cosmetics and semipermanent 15
cosmetics license based upon criteria established by the department. 16
(5) The business premises, equipment, procedures, techniques, 17
and conditions of those businesses shall be subject to at least one (1) 18
inspection by the department. 19
(b)(1) The department may adopt appropriate rules regarding the 20
artists, premises, equipment, procedures, techniques, and conditions of 21
establishments which perform procedures subject to this subchapter to assure 22
that the premises, equipment, procedures, techniques, and conditions are 23
aseptic and do not constitute a health hazard. 24
(2) Any rule affecting establishments in effect on January 1, 25
2021, shall remain in effect until the department adopts rules under this 26
subchapter. 27
(c) Applicants for a lice nse shall file applications upon forms 28
prescribed by the department. 29
(d) A license shall be issued only for the premises and persons in the 30
application and shall not be transferable. 31
(e)(1) The department shall levy and collect an annual fee of: 32
(A) One hundred fifty dollars ($150) per facility for 33
issuance of a license to an establishment; and 34
(B) One hundred dollars ($100) per artist for issuance of 35
a license to an artist. 36 As Engrossed: S3/30/23 SB392
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(2)(A) The department shall collect a one -time fee of five 1
hundred dollars ($500) per artist licensed in a state other than Arkansas or 2
a country other than the United States who applies for qualifications review 3
by the department. 4
(B) The fee for written and practical exams under § 17 -26-5
709 is not required for an app licant under subdivision (e)(2)(A) of this 6
section for exams taken to complete requirements established by the 7
department. 8
(C) Upon satisfactory completion of the requirements by 9
the applicant and approval of qualifications established by the departmen t, a 10
license for an artist shall be issued to an applicant under subdivision 11
(e)(2)(A) of this section. 12
(D) The department shall collect the annual artist fee of 13
one hundred dollars ($100) after the issuance of a license under subdivision 14
(e)(2)(C) of this section. 15
(3) The annual fee for an artist or for an establishment shall 16
be based upon the calendar year, January 1 through December 31, with fees for 17
any given year due by December 31 of the previous year. 18
(4) If the annual fee for an establishm ent has not been paid by 19
March 1 of the calendar year, the establishment shall be closed until a new 20
license has been issued by the department and the annual fee has been paid. 21
(5)(A) If the annual fee for an artist has not been paid by 22
March 1 of the calendar year, the artist shall have his or her license 23
suspended for ninety (90) days. 24
(B) If an artist has his or her license suspended, he or 25
she shall before a license may be reissued within ninety (90) days after the 26
suspension: 27
(i) Pay a reinstatement fee of one hundred dollars 28
($100) and pay all overdue licensing fees; 29
(ii) Complete a written exam with the department and 30
a practical exam in the establishment in which the artist is licensed; and 31
(iii) Meet current requirements establis hed by the 32
department for artists. 33
(C) If an artist whose license is suspended has not met 34
the requirements under subdivision (e)(5)(B) of this section within ninety 35
(90) days after the suspension, the artist may apply for qualification 36 As Engrossed: S3/30/23 SB392
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review. 1
(6) In addition to the penalty provisions found in this 2
subsection, any owner of an establishment or institution operating without a 3
current license commits a Class D felony. 4
(f) An artist shall complete not less than eight (8) clock hours of 5
continuing education at an institution licensed by the State Board of Health 6
in order to renew his or her license each year. 7
(g) All fees levied and collected under this subchapter are declared 8
to be special revenues and shall be deposited into the State Treasury, and be 9
used exclusively for permanent cosmetics and semipermanent cosmetics. 10
(h) Subject to any rules as may be implemented by the Chief Fiscal 11
Officer of the State, the disbursing officer for the department may transfer 12
all unexpended funds that pertain to fees collected under this subchapter, as 13
certified by the Chief Fiscal Officer of the State, to be carried forward and 14
made available for expenditures for the same purpose for any following fiscal 15
year. 16
17
17-26-704. Local health officials. 18
(a) Any city or county department of health may periodically inspect 19
establishments on the basis of compliance with state, city, or county 20
sanitary regulations. 21
(b) The governing body of any municipality or county may adopt by 22
ordinance local sanitary regulations of establishments. 23
24
17-26-705. No criminal liability. 25
This subchapter does not create any liability, criminal or otherwise, 26
for a person under eighteen (18) years of age for undergoing permanent 27
cosmetics or semipermanent cosmetics. 28
29
17-26-706. Blood-borne pathogens course. 30
(a)(1) Each artist, instructor, and student shall complete United 31
States Occupational Safety and Health Administration blood -borne pathogens 32
training approved by the Department of Health on or before December 1, 2022. 33
(2) An approved online course may be used to satisfy the 34
requirement under subdivision (a)(1) of this section. 35
(b) Each instructor shall complete the course before training any 36 As Engrossed: S3/30/23 SB392
16 03-30-2023 14:10:20 MLD117
student. 1
(c) Each student shall complete the course before applying for the 2
examination required under § 17-26-709. 3
(d)(1) After completion of a first United States Occupational Safety 4
and Health Administration blood -borne pathogens training approved by the 5
department, an artist, instructor, and student shall renew the training 6
annually. 7
(2) A copy of each annual certification under subdivision (d)(1) 8
of this section shall be submitted to the department with the license 9
renewal. 10
11
17-26-707. Education of student. 12
(a) A sponsor educator shall be a registered sponsor educator at an 13
institution licensed by the Department of Health. 14
(b) The department shall develop standards to determine: 15
(1) The maximum number of students in an institution at one (1) 16
time; and 17
(2) The length of the program in hours and across a range of 18
months. 19
(c)(1)(A) During the education of the student in permanent cosmetics, 20
each student shall complete not less than four hundred (400) clock hours of 21
supervised permanent cosmetics education, including not less than one hundred 22
fifty (150) hours of supervised on-site work and not less than two hundred 23
(200) hours of classroom instruction, in a period not less than six (6) 24
months or more than twenty -four (24) months in an establishment licensed 25
under § 17-26-703. 26
(B) During the education of a student in semi permanent 27
cosmetics, each student shall complete not less than two hundred (200) clock 28
hours of supervised semipermanent cosmetics, including not less than one 29
hundred (100) hours of supervised on -site work and not less than fifty (50) 30
hours of classroom i nstruction, in a period not less than six (6) months or 31
more than twenty-four (24) months in an establishment licensed under § 17 -26-32
703. 33
(C) Additional modalities of paramedical tattooing may be 34
added by completing not less than sixteen (16) clock hou rs of technical and 35
procedural training in each of the fields of paramedical tattooing in which 36 As Engrossed: S3/30/23 SB392
17 03-30-2023 14:10:20 MLD117
the student is to be licensed. 1
(D) A student studying multiple fields of permanent 2
cosmetics and semipermanent cosmetics at the same time shall complete a t otal 3
of six hundred (600) clock hours of all fields in not less than six (6) 4
months or more than twenty -four (24) months. 5
(2)(A) The sponsor educator shall maintain a training log of the 6
clock hours completed by the student on forms approved by the Stat e Board of 7
Health. 8
(B) The training log shall include without limitation a 9
record of: 10
(i) Hours of both theory and practical education; 11
(ii) The procedures observed and completed; 12
(iii) A list of resources used for training; 13
(iv) The name, address, phone number, email address, 14
and date of birth of the client on whom the procedure is performed; 15
(v) The date of the procedure; 16
(vi) The name, phone number, and signature of the 17
student; and 18
(vii) The name and signature of the s ponsor educator 19
and one (1) administrative member of the institution. 20
(C) The student shall keep available for inspection a 21
bound record book that is separate from the record book of another artist or 22
artist in training. 23
(D) The completed training log shall be submitted to the 24
board at the time of the practical examination under § 17 -26-709. 25
(3) In order to graduate from an institution, a student shall 26
complete three (3) procedures in each area of the face by using the 27
equipment. 28
(d)(1) During the education of an artist to become a sponsor educator, 29
each artist shall complete not less than six hundred (600) clock hours of a 30
supervised instructor program, including not less than one hundred (100) 31
hours of teaching observation, two hundred (200) h ours of theory, one hundred 32
fifty (150) hours of procedure observation, and one hundred fifty (150) hours 33
of practice teaching. 34
(2) A person shall not identify as a sponsor educator until 35
licensed or certified under this subchapter. 36 As Engrossed: S3/30/23 SB392
18 03-30-2023 14:10:20 MLD117
(3) A licensure or certification of a sponsor educator is only 1
valid at the institution in which the licensure or certification is received. 2
(4) A sponsor educator may offer training only in the area in 3
which the sponsor educator holds a current license from the departm ent. 4
(e) The department shall adopt a minimum curriculum for each area of 5
permanent cosmetics and semipermanent cosmetics training that shall be 6
followed by all sponsor educators, students, and institutions. 7
8
17-26-708. Institutions. 9
(a) The Department of Health may grant licensure to an institution if 10
the owner of the institution submits: 11
(1) The address and phone number of the institution; 12
(2) Proof of accreditation within the previous six (6) months; 13
(3) The floor plan of the institution t o ensure adequate space 14
for fundamental teaching and hands -on laboratory instruction; 15
(4) The name, contact information, work experience, and license 16
information for all sponsor educators teaching at the institution; 17
(5) The background and resume of the owner; 18
(6) Proof of registration and good standing with the Secretary 19
of State under the name of the institution; 20
(7) Proof of malpractice or liability insurance; 21
(8) A detailed curriculum to be approved by the department; and 22
(9) A licensure fee of eight hundred fifty dollars ($850). 23
(b) Once licensed by the department, the institution shall: 24
(1) Maintain daily records of the student's time which shall be 25
accessible by the student and the department; 26
(2) Ensure that hours on the transcript are transferable with 27
all institutions within this state; 28
(3) Provide: 29
(A)(i) A certified transcript to a student or the 30
department upon request. 31
(ii) The institution may charge a student no more 32
than twenty-five dollars ($25.00) per copy and shall provide the copy within 33
two (2) business days; and 34
(B)(i) A copy of the enrollment agreement between the 35
institution and the student to the department. 36 As Engrossed: S3/30/23 SB392
19 03-30-2023 14:10:20 MLD117
(ii) The enrollment agreement may be adjusted at any 1
time with a thirty-day written notice and supporting documentation submitted 2
to the department; and 3
(4) Submit a renewal fee of one hundred dollars ($100). 4
(c) An institution that does not comply with this section is subject 5
to: 6
(1) A fine not to exceed one thousand dollars ( $1,000) per 7
violation; 8
(2) Reimbursement or refund to a student of no less than fifty 9
percent (50%) of tuition per student; or 10
(3) Permanent closure of the institution. 11
(d) An institution that does not comply with or breaches the 12
enrollment agreement between the institution and the student is subject to: 13
(1) A fine not to exceed five hundred dollars ($500) per 14
violation; 15
(2) Reimbursement or refund to a student of no less than fifty 16
percent (50%) of tuition per student; or 17
(3) Permanent closure of the institution. 18
(e)(1) An institution that proposes to offer distance learning shall 19
provide a detailed curriculum of the course of study with supporting 20
materials and digital testing methods. 21
(2) The department shall not license an instituti on for distance 22
learning if the institution is unable to administratively support off -campus 23
education. 24
(3) A student may take a permanent cosmetics and semipermanent 25
cosmetics kit or machine, or both, home to be able to practice remotely 26
through institutions approved for distance learning. 27
(f)(1) An institution may utilize guest artists and guest educators 28
for courses. 29
(2) A guest artist shall: 30
(A) Pay a fee of five hundred dollars ($500) to perform 31
billable services in this state; and 32
(B) Apply for a license in this state that has to be valid 33
for no more than fourteen (14) consecutive days. 34
(3) A guest educator shall not perform billable services and 35
shall be regulated under the authority of the institution. 36 As Engrossed: S3/30/23 SB392
20 03-30-2023 14:10:20 MLD117
(g)(1) An institution in op eration on July 28, 2021, shall submit all 1
documentation indicated in this section to the department and comply with all 2
laws and rules within ninety (90) days to remain in operation. 3
(2) An institution that does not become compliant within ninety 4
(90) days is subject to immediate closure until the institution comes into 5
compliance. 6
7
17-26-709. Examination — Fee. 8
(a)(1)(A) Each student seeking licensure as an artist under the rules 9
of the Department of Health shall take a written and practical examination 10
prepared or approved by the department after completion of education 11
requirements. 12
(B) Upon completion of the hours required under § 17 -26-13
707, a practical examination shall be conducted by the department in each 14
field of training for which the student is seeking licensure. 15
(2) Until a student receives a passing grade on the written and 16
practical examination, a student shall not: 17
(A) Be licensed as an artist; 18
(B) Hold himself or herself out as a licensed artist; or 19
(C) Independently perform a permanent cosmetics or 20
semipermanent cosmetics procedure without the supervision of a sponsor 21
educator. 22
(b) The department shall levy and collect a nonrefundable fee of fifty 23
dollars ($50.00) from each student who applies to take the written and 24
practical examinations required under this section for licensure as an 25
artist. 26
(c) A fee collected under this section shall be deposited into the 27
State Treasury, credited to the Public Health Fund, and used exclusively for 28
permanent cosmetics and semipermanent cosmetics. 29
30
17-26-710. Temporary demonstration license. 31
(a) The Department of Health may issue a temporary demonstration 32
license to an artist or establishment or to a supplier of materials for 33
permanent cosmetics and semipermanen t cosmetics for: 34
(1) Educational purposes where permanent cosmetics and 35
semipermanent cosmetics are performed; 36 As Engrossed: S3/30/23 SB392
21 03-30-2023 14:10:20 MLD117
(2) Trade shows where permanent cosmetics and semipermanent 1
cosmetics are performed; 2
(3) Demonstrations of permanent cosmetics and semip ermanent 3
cosmetics products or procedures; and 4
(4) An appearance as a guest artist. 5
(b) A temporary demonstration license shall be valid for no more than 6
fourteen (14) consecutive calendar days. 7
(c)(1) The sponsor of a permanent cosmetics and semipe rmanent 8
cosmetics event for an educational purpose, a trade show, a demonstration, or 9
a combination of an educational purpose, a trade show, and a demonstration of 10
permanent cosmetics or semipermanent cosmetics procedures where permanent 11
cosmetics and semipermanent cosmetics are performed shall obtain the 12
necessary permits to conduct business in the jurisdiction in which the event 13
will be held, including without limitation a permit issued by the department. 14
(2) The department shall collect a nonrefundabl e fee of fifty 15
dollars ($50.00) per artist who performs permanent cosmetics and 16
semipermanent cosmetics at an event, not to exceed two thousand dollars 17
($2,000) per event. 18
(3) In addition to the penalties under § 17 -26-702, a sponsor 19
who violates this subsection is subject to closure of the temporary permanent 20
cosmetics and semipermanent cosmetics event and a penalty not to exceed three 21
(3) times the cost of the permit. 22
(d) The department shall levy and collect a nonrefundable fee of fifty 23
dollars ($50.00) from a guest artist for a temporary demonstration license. 24
(e)(1) An application for a temporary demonstration license shall be 25
submitted to the department not less than forty -five (45) days before the 26
event for educational purposes, trade show, or demonstration of permanent 27
cosmetics and semipermanent cosmetics products and procedures where permanent 28
cosmetics and semipermanent cosmetics are performed. 29
(2) An application for a temporary demonstration license shall 30
be submitted to the department n ot less than seven (7) days before the 31
appearance of a guest artist. 32
(3) An artist shall provide evidence of completion of United 33
States Occupational Safety and Health Administration blood -borne pathogens 34
training with the application. 35
(f)(1) A person applying for a temporary demonstration license to 36 As Engrossed: S3/30/23 SB392
22 03-30-2023 14:10:20 MLD117
appear as a guest artist shall provide documentation of licensure as an 1
artist in another state or country or employment history in an establishment 2
licensed by the regulatory board or agency in another st ate or country before 3
the temporary demonstration license may be granted. 4
(2) The establishment where the guest artist is appearing shall 5
have a licensed artist on its staff. 6
(3) A guest artist may be issued a temporary demonstration 7
license to appear as a guest artist no more than one (1) time every three (3) 8
months. 9
(g) A fee levied and collected under this section is special revenue 10
and shall be deposited into the State Treasury, to be credited to the Public 11
Health Fund to be used exclusivel y for permanent cosmetics and semipermanent 12
cosmetics. 13
14
17-26-711. Critical items for closure of establishment. 15
(a) The Department of Health shall create and publish a list of 16
critical items for closure of an establishment. 17
(b)(1) An establishment that violates a critical item from the list 18
established under subsection (a) of this section is subject to immediate 19
closure by the department. 20
(2) An establishment closed under subdivision (b)(1) of this 21
section shall remain closed until: 22
(A) Fines or penalties, or both, assessed under this 23
subchapter have been paid; and 24
(B) Upon inspection by the department, the establishment 25
is no longer in violation of a critical item. 26
27
17-26-712. Prohibitions. 28
(a) Permanent cosmetics and semipermanent cos metics are prohibited: 29
(1) On a person who is inebriated or appears to be incapacitated 30
by the use of alcohol or drugs; 31
(2) On a person who shows signs of recent intravenous drug use; 32
(3) On an area with sunburn, open lesions, rashes, or wounds; 33
(4) With the use of a product or ink banned or restricted by the 34
United States Food and Drug Administration; and 35
(5) On an animal in a facility licensed for the application of 36 As Engrossed: S3/30/23 SB392
23 03-30-2023 14:10:20 MLD117
permanent cosmetics or semipermanent cosmetics on human beings. 1
(b)(1) A person shall not sell an instrument of permanent cosmetics or 2
semipermanent cosmetics to a person within this state who is not licensed as 3
an artist by the Department of Health. 4
(2)(A) A violation of subdivision (b)(1) of this section is a 5
Class A misdemeanor. 6
(B) Each violation of subdivision (b)(1) of this section 7
is a separate offense. 8
(c)(1) Possession of an instrument of permanent cosmetics or 9
semipermanent cosmetics by a person within this state who is not licensed as 10
an artist or registered student by the department is prohibited. 11
(2)(A) A violation of subdivision (c)(1) of this section is a 12
Class A misdemeanor. 13
(B) Each violation of subdivision (c)(1) of this section 14
is a separate offense. 15
(d) A fine collected under this section, le ss court fees, shall be 16
allocated as follows: 17
(1) Fifty percent (50%) to the State of Arkansas; 18
(2) Twenty-five percent (25%) to the city or county that levied 19
and collected the fine; and 20
(3) Twenty-five percent (25%) to be deposited into the State 21
Treasury, credited to the Public Health Fund, and used exclusively for 22
permanent cosmetics and semipermanent cosmetics. 23
24
17-26-713. Penalties. 25
(a) An artist who violates this subchapter or rules adopted by the 26
Department of Health pertaining to p ermanent cosmetics or semipermanent 27
cosmetics commits a misdemeanor punishable by a fine of not less than one 28
thousand dollars ($1,000) and not more than five thousand dollars ($5,000) 29
for each offense. 30
(b) After notice of a violation has been given, eac h violation of this 31
subchapter constitutes a separate offense unless another penalty is 32
specifically provided in this subchapter. 33
34
/s/B. Davis 35
APPROVED: 4/11/23 36