Arkansas 2023 Regular Session

Arkansas Senate Bill SB392 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 688 of the Regular Session
3	2		MLD117 03-30-2023 14:10:20 MLD117
4	3
5	4		State of Arkansas As Engrossed: S3/30/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 392 3
8	7		4
9	8		By: Senator B. Davis 5
10	9		6
11	10		For An Act To Be Entitled 7
12	11		AN ACT TO AMEND THE LAW CONCERNING BODY ART; TO AMEND 8
13	12		THE LAW CONCERNING T HE COSMETOLOGY TECHN ICAL ADVISORY 9
14	13		COMMITTEE; AND FOR O THER PURPOSES. 10
15	14		11
16	15		12
17	16		Subtitle 13
18	17		AN ACT TO AMEND THE LAW CONCERNING BODY 14
19	18		ART; AND TO AMEND THE LAW CONCERNING THE 15
20	19		COSMETOLOGY TECHNICAL ADVISORY COMMITTEE. 16
21	20		17
22	21		18
23	22		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
24	23		20
25	24		SECTION 1. Arkansas Code § 17 -3-102(h)(4), concerning licensing 21
26	25		restrictions based on criminal records, is amended to read as follows: 22
27	26		(4) Of body artists under § 17 -26-601 et seq. who hold a valid 23
28	27		license on or before July 1, 2024. 24
29	28		25
30	29		SECTION 2. Arkansas Code § 17 -26-201(b)(1), concerning the creation 26
31	30		and members of the Cosmetology Technical Advisory Committee, is amended to 27
32	31		read as follows: 28
33	32		(b)(1) The committee shall consist of nine (9) eleven (11) members 29
34	33		appointed by the State Board of Health to two -year terms. 30
35	34		31
36	35		SECTION 3. Arkansas Code § 17 -26-201(c), concerning the creation and 32
37	36		members of the Cosmetology Technical Advisory Commit tee, is amended to read 33
38	37		as follows: 34
39	38		(c) The committee shall be composed of the following representatives 35
40	39		from within the cosmetology industry who are at least twenty -five (25) years 36 As Engrossed: S3/30/23 SB392
41	40
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43	42
44	43
45	44		of age: 1
46	45		(1) One (1) member shall be a licensed cosmetologist actively 2
47	46		engaged in practicing the art of cosmetology for at least five (5) years at 3
48	47		the time of appointment; 4
49	48		(2) One (1) member shall be a licensed nail technician; 5
50	49		(3) One (1) member shall be an owner of a licensed school of 6
51	50		cosmetology or shall be a direc tor of cosmetology at a state -supported 7
52	51		school; 8
53	52		(4) One (1) member shall be a licensed aesthetician; 9
54	53		(5) Three (3) members shall represent the cosmetology industry 10
55	54		at large or a related field; 11
56	55		(6) One (1) member shall represent the permanent and 12
57	56		semipermanent cosmetic industry be a licensed permanent cosmetic artist 13
58	57		actively engaged in the practice of permanent cosmetics for a minimum of five 14
59	58		(5) years in the State of Arkansas at the time of the appointment ; and 15
60	59		(7) One (1) member shall represen t the body art industry ; 16
61	60		(8) One (1) member shall be a licensed tattoo artist actively 17
62	61		engaged in the practice of tattooing for a minimum of five (5) years in the 18
63	62		State of Arkansas at the time of the appointment; 19
64	63		(9) One (1) member shall be a license d piercing artist actively 20
65	64		engaged in the practice of piercing for a minimum of five (5) years in the 21
66	65		State of Arkansas at the time of the appointment . 22
67	66		23
68	67		SECTION 4. Arkansas Code § 17 -26-601(1)-(3), concerning the 24
69	68		definitions in relation to body art, are amended to read as follows: 25
70	69		(1) “Artist” means any person other than a licensed physician 26
71	70		who performs body art on a human and is licensed in this state ; 27
72	71		(2) “Artist in training Student artist” means a person who: 28
73	72		(A) Is in training under the supervision of an artist 29
74	73		trainer instructor or a physician; and 30
75	74		(B) Shall not perform body art independently without the 31
76	75		supervision of an artist instructor ; 32
77	76		(3) “Artist trainer instructor” means an artist who: 33
78	77		(A) Has been licensed by the Department of Health as an 34
79	78		artist for at least five (5) years in the specified field of body art in 35
80	79		which he or she will offer training; 36 As Engrossed: S3/30/23 SB392
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84	83
85	84		(B) Has worked in a body art establishment licensed by the 1
86	85		department for at least five (5) years and been in compliance with department 2
87	86		rules governing body artists; 3
88	87		(C) Has completed the course required under § 17 -26-606; 4
89	88		and 5
90	89		(D) Is a registered instructor for the specified field of 6
91	90		body art with the department; 7
92	91		(E) Has completed a course in safety and sanitation 8
93	92		guidelines and requirements by the department; 9
94	93		(F) Shall not exceed a ratio of one (1) instructor to 10
95	94		eight (8) students per instruction hour; 11
96	95		(G) Is at least twenty -one (21) years of age; and 12
97	96		(H) Has completed two hundred and fifty (250) 13
98	97		instructional hours from a state approved instructor program if the artist 14
99	98		instructor is a permanent cosmetics artist instructor. 15
100	99		16
101	100		SECTION 5. Arkansas Code § 17 -26-601(4), concerning definitions in 17
102	101		relation to body art, is amended to read as follows: 18
103	102		(4) “Body art” means procedures that include: 19
104	103		(A) Tattooing; 20
105	104		(B) Permanent cosmetics; 21
106	105		(C) Body piercing; 22
107	106		(C)(D) Branding; or 23
108	107		(D)(E) Scarification; 24
109	108		25
110	109		SECTION 6. Arkansas Code § 17-26-601, concerning defin itions in 26
111	110		relation to body art, is amended to add additional subdivisions to read as 27
112	111		follows: 28
113	112		(15) “Host” means an individual or business entity, including an 29
114	113		event coordinator or manager, responsible for the organization of a 30
115	114		convention, tradeshow, or other temporary event that includes a body art 31
116	115		demonstration booth; 32
117	116		(16) “Institution” means an establishment that is licensed by 33
118	117		the department to offer postsecondary education to student artists in 34
119	118		training through artist instructors in the field of body art; 35
120	119		(17)(A) “Permanent cosmetics” means the application of pigment 36 As Engrossed: S3/30/23 SB392
121	120
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124	123
125	124		placed in the skin by a needle or other instrument to beautify the body, 1
126	125		including without limitation for the purposes of: 2
127	126		(A) Scar camouflaging; 3
128	127		(B) Scalp micropigmentat ion; 4
129	128		(C) Pigment lightening; 5
130	129		(D) Applying permanent eyebrows, including without 6
131	130		limitation: 7
132	131		(i) Microblading; and 8
133	132		(ii) Manual methods; 9
134	133		(E) Applying permanent eyeliner; 10
135	134		(F) Applying permanent lip liner or lip color; and 11
136	135		(G) Applying three-dimensional nipples and areola. 12
137	136		(B) “Permanent cosmetics” does not include tattooing or a 13
138	137		tattooing procedure. 14
139	138		15
140	139		SECTION 7. Arkansas Code § 17 -26-602(c), concerning documentation and 16
141	140		consent to perform body art on person under eigh teen years of age, is amended 17
142	141		to read as follows: 18
143	142		(c) It is unlawful for a person to perform body art on the nipple 19
144	143		areola or genitalia of a person under eighteen (18) years of age regardless 20
145	144		of parental consent. 21
146	145		22
147	146		SECTION 8. Arkansas Code § 17-26-602, concerning documentation and 23
148	147		consent to perform body art on persons under eighteen years of age, is 24
149	148		amended to add an additional subsection to read as follows: 25
150	149		(j) A person under eighteen (18) years of age may undergo a perma nent 26
151	150		cosmetics procedure due to a medical necessity if he or she is given medical 27
152	151		consent from a physician in addition to parental consent. 28
153	152		29
154	153		SECTION 9. Arkansas Code § 17 -26-603(a)(2), concerning the authority 30
155	154		of the Department of Health to license, regu late, and inspect for health 31
156	155		hazards of body art establishments, is amended to read as follows: 32
157	156		(2) A body art training facility An institution shall be 33
158	157		licensed by the department as an establishment and as an approved body art 34
159	158		training facility institution. 35
160	159		36 As Engrossed: S3/30/23 SB392
161	160
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164	163
165	164		SECTION 10. Arkansas Code § 17 -26-603(a)(4), concerning the authority 1
166	165		of the Department of Health to license, regulate, and inspect for health 2
167	166		hazards of body art establishments, is amended to read as follows: 3
168	167		(4) The business premises, equipme nt, procedures, techniques, 4
169	168		and conditions of those businesses shall be subject to at least one (1) 5
170	169		inspection by the department annually. 6
171	170		7
172	171		SECTION 11. Arkansas Code § 17 -26-603(b)(1), concerning the authority 8
173	172		of the Department of Health to license, regu late, and inspect for health 9
174	173		hazards of body art establishments, is amended to read as follows: 10
175	174		(b)(1) The department may adopt appropriate rules regarding the 11
176	175		artists, premises, equipment, procedures, techniques, and conditions of 12
177	176		establishments which perform procedures subject to this subchapter to assure 13
178	177		that the premises, equipment, procedures, techniques, and conditions are 14
179	178		aseptic and do not constitute a health hazard. 15
180	179		16
181	180		SECTION 12. Arkansas Code § 17 -26-603(e)(2)(A), concerning the 17
182	181		authority of the Department of Health to license, regulate, and inspect for 18
183	182		health hazards of body art establishments, is amended to read as follows: 19
184	183		(2)(A) The department shall collect a one -time fee of five 20
185	184		hundred dollars ($500) two hundred dollars ($200) per artist licensed in a 21
186	185		state other than Arkansas or a country other than the United States who 22
187	186		applies for qualifications review by the department. 23
188	187		24
189	188		SECTION 13. Arkansas Code § 17 -26-606 is amended to read as follows: 25
190	189		17-26-606. Blood-borne pathogens course. 26
191	190		(a)(1) Each artist, artist trainer instructor, and student artist in 27
192	191		training shall complete United States Occupational Safety and Health 28
193	192		Administration blood -borne pathogens training approved by the Department of 29
194	193		Health. 30
195	194		(2) An approved online course may be used to satisfy the 31
196	195		requirement under subdivision (a)(1) of this section. 32
197	196		(b) Each artist trainer instructor shall complete the course before 33
198	197		training any student artist in training. 34
199	198		(c) Each student artist in training shall complete the course before 35
200	199		applying for the examination required under § 17 -26-608. 36 As Engrossed: S3/30/23 SB392
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204	203
205	204		(d)(1) After completion of a first United States Occupational Safety 1
206	205		and Health Administration blood -borne pathogens training approved by the 2
207	206		department, an artist, an artist trainer instructor, and an a student artist 3
208	207		in training shall renew the training annually. 4
209	208		(2) A copy of each annual certification under subdivision (d)(1) 5
210	209		of this section shall be submitted to the department with the lice nse 6
211	210		renewal. 7
212	211		8
213	212		SECTION 14. Arkansas Code § 17 -26-607 is amended to read as follows: 9
214	213		17-26-607. Education of student artist in training. 10
215	214		(a) An artist trainer instructor shall be a registered instructor in a 11
216	215		school institution licensed by the Department of Health. 12
217	216		(b) The department shall develop standards to determine: 13
218	217		(1) The maximum number of student artists in training in a 14
219	218		training facility at any time shall be at a ratio of no more than eight (8) 15
220	219		students to one (1) artist instructor per instruction hour ; and 16
221	220		(2) The length of the program in hours and across a range of 17
222	221		months. 18
223	222		(c)(1)(A)(i) During the student artist in training in the fields of 19
224	223		tattooing, body piercing, or permanent cosmetics body art, each student 20
225	224		artist in training shall complete not less than three hundred seventy -five 21
226	225		(375) four hundred (400) clock hours of supervised body art work and 22
227	226		classroom instruction in a period not less than six (6) months or more than 23
228	227		twenty-four (24) months in an esta blishment licensed under § 17 -26-603 and § 24
229	228		6-51-601 et seq. 25
230	229		(ii) The hours required under subdivision 26
231	230		(c)(1)(A)(i) shall include no more than twenty percent (20%) to be 27
232	231		unsupervised online instruction hours and eighty percent (80%) in person 28
233	232		practical instruction hours. 29
234	233		(B) During the student artist training in the field of 30
235	234		branding, each student artist in training shall complete not less than three 31
236	235		hundred seventy-five (375) clock hours of supervised body art work and 32
237	236		classroom instruction in a pe riod not less than six (6) months or more than 33
238	237		twenty-four (24) months in an establishment licensed under § 17 -26-603 and § 34
239	238		6-51-601 et seq. 35
240	239		(C) Additional A licensed artist wanting to study 36 As Engrossed: S3/30/23 SB392
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244	243
245	244		additional fields of body art training may be added by completing not less 1
246	245		than two hundred fifty (250) clock hours of technical and procedural training 2
247	246		in each of the other fields of body art in which an a student artist in 3
248	247		training is to be licensed in no less than an additional four (4) months 4
249	248		after completion and licensure for the initial field of study . 5
250	249		(D)(i) An A student artist in training studying multiple 6
251	250		fields of body art at the same time shall complete the total clock hours of 7
252	251		all fields in each specific field in not less than ten (10) months for two 8
253	252		fields of study and not less than twelve (12) months for three or more fields 9
254	253		of study than twenty-four (24) months. 10
255	254		(ii) A student artist may receive the initial 11
256	255		licensure for the first field of stud y after the first six (6) months, 12
257	256		provided the student artist has completed the required hours of supervised 13
258	257		body art work and classroom instruction, and the remaining licensure of the 14
259	258		additional fields of study upon completion of the requirements in this 15
260	259		section. 16
261	260		(2)(A) The artist trainer instructor shall maintain a training 17
262	261		log of the clock hours completed by the student artist in training on forms 18
263	262		approved by the department. 19
264	263		(B) The training log shall include without limitation a 20
265	264		record of: 21
266	265		(i) Hours of both theory and practical education; 22
267	266		(ii) The procedures observed and completed; and 23
268	267		(iii) A list of resources used for training. 24
269	268		(C) The student artist in training shall keep available 25
270	269		for inspection a bound record book that is s eparate from the record book of 26
271	270		another artist or student artist in training. 27
272	271		(D) The completed training log shall be submitted to the 28
273	272		department at the time of the practical examination under § 17 -26-608. 29
274	273		(d) An artist trainer instructor may offer training only in the area 30
275	274		in which the artist trainer instructor holds a current license from the 31
276	275		department. 32
277	276		(e) The department shall adopt a minimum curriculum for each area of 33
278	277		body art training that shall be followed by all artist trainers instructors, 34
279	278		student artists in training, and body art training facilities. 35
280	279		36 As Engrossed: S3/30/23 SB392
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284	283
285	284		SECTION 15. Arkansas Code § 17 -26-608(a)(1)(A), concerning the 1
286	285		examination and fee for an artist in training, is amended to read as follows: 2
287	286		(a)(1)(A) Each artist in training seeking licensure as an artist under 3
288	287		the rules of the Department of Health shall take a written examination 4
289	288		prepared or approved by the department before beginning upon completion of 5
290	289		training. 6
291	290		7
292	291		SECTION 16. Arkansas Code § 17-26-609(c), concerning temporary 8
293	292		demonstration licenses, is amended to read as follows: 9
294	293		(c)(1) The sponsor host of a body art event for an educational 10
295	294		purpose, a trade show, a demonstration, or a combination of an educational 11
296	295		purpose, a trade show, and a demonstration of body art procedures where body 12
297	296		art is performed shall obtain the necessary permits to conduct b usiness in 13
298	297		the jurisdiction in which the event will be held, including without 14
299	298		limitation a permit issued by the department. 15
300	299		(2) The department shall collect a nonrefundable sponsor host 16
301	300		fee of fifty dollars ($50.00) per artist who performs body art at an event, 17
302	301		not to exceed two thousand dollars ($2,000) per event. 18
303	302		(3) In addition to the penalties under § 17 -26-602, a sponsor 19
304	303		host who violates this subsection is subject to closure of the temporary body 20
305	304		art event and a penalty not to exceed three (3) times the cost of the permit. 21
306	305		22
307	306		SECTION 17. Arkansas Code § 17 -26-611(a)(5), concerning the 23
308	307		prohibitions of the practice of body art, is amended to read as follows: 24
309	308		(5) In a procedure area that is not physically and permanently 25
310	309		separated from beauty facilities areas with a wall and a door , such as hair 26
311	310		cosmetology, aesthetics, and nail services; and 27
312	311		28
313	312		SECTION 18. Arkansas Code Title 17, Chapter 26, Subchapter 7, is 29
314	313		repealed. 30
315	314		31
316	315		Subchapter 7 32
317	316		— Permanent Cosmetics and Semipermanent Cosmetics 33
318	317		34
319	318		17-26-701. Definitions. 35
320	319		As used in this subchapter: 36 As Engrossed: S3/30/23 SB392
321	320
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324	323
325	324		(1) “Artist” means any person other than a licensed physician 1
326	325		who performs permanent cosmetics or semipermanent cosmetics on a human and is 2
327	326		licensed in this state; 3
328	327		(2) “Critical item” means an aspect of oper ation or condition of 4
329	328		a facility or equipment that constitutes the greatest hazard to health and 5
330	329		safety, including imminent health hazards; 6
331	330		(3) “Establishment” means any place or facility: 7
332	331		(A) Where permanent cosmetics or semipermanent cosmetics 8
333	332		is performed; and 9
334	333		(B) That has an artist licensed in Arkansas on staff; 10
335	334		(4) “Guest artist” means an artist from a state other than 11
336	335		Arkansas or a country other than the United States who: 12
337	336		(A) Holds a license from the permanent cosmetics or 13
338	337		semipermanent cosmetics regulatory board or agency, if in existence, in that 14
339	338		state or country; or 15
340	339		(B) If an artist license is not available in the guest 16
341	340		artist's state or country, can submit to the Department of Health evidence of 17
342	341		professional experience, emplo yment, and education including: 18
343	342		(i) Proof of blood-borne pathogen certification; and 19
344	343		(ii) Proof of employment in an establishment for at 20
345	344		least two (2) years; 21
346	345		(5) “Institution” means an establishment that is owned by an 22
347	346		artist and licensed by th e department to offer postsecondary education to 23
348	347		students in the field of permanent cosmetics and semipermanent cosmetics; 24
349	348		(6) “Paramedical tattooing” means procedures that involve 25
350	349		repigmentation, including without limitation: 26
351	350		(A) 3D nipple and areola; 27
352	351		(B) Scar camouflaging; 28
353	352		(C) Scalp micropigmentation; 29
354	353		(D) Microblading; 30
355	354		(E) Makeup application; and 31
356	355		(F) Pigment lightening; 32
357	356		(7) “Permanent cosmetics” means the application of pigment 33
358	357		placed in the skin by needle or other instruments to beautify the body 34
359	358		including without limitation: 35
360	359		(A) Permanent eyebrows; 36 As Engrossed: S3/30/23 SB392
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364	363
365	364		(B) Permanent eyeliner; and 1
366	365		(C) Permanent lip liner or color; 2
367	366		(8) “Repigmentation” means recoloration of the skin, including 3
368	367		through the use of dermabrasi on or chemical peels, sought due to: 4
369	368		(A) Birthmarks, vitiligo, or other skin conditions that 5
370	369		result in the loss of melanin to the skin; 6
371	370		(B) Scarring caused by surgical procedures, including 7
372	371		without limitation face lifts, mole or wart removal, caute rization, and other 8
373	372		similar procedures; 9
374	373		(C) Mastectomy, including recreation of an areola or 10
375	374		nipple; or 11
376	375		(D) Blotchy pigmentation; 12
377	376		(9) “Semipermanent cosmetics” means the application of cosmetic 13
378	377		products in or on the body to beautify the body, in cluding without 14
379	378		limitation: 15
380	379		(A) Repigmentation; 16
381	380		(B) Microneedling; 17
382	381		(C) Eyelash extensions; 18
383	382		(D) Makeup application; and 19
384	383		(E) Removal of hair through products or instruments which 20
385	384		do not include waves, rays, or lasers; 21
386	385		(10) “Sponsor” means an individual or business entity, including 22
387	386		an event coordinator or manager, responsible for the organization of a 23
388	387		convention, trade show, or other temporary event that includes a permanent 24
389	388		cosmetics or semipermanent cosmetics demonstration booth; 25
390	389		(11) “Sponsor educator” means an individual who: 26
391	390		(A) Has been certified by the department as an instructor 27
392	391		of permanent cosmetics and semipermanent cosmetics on or before July 28, 28
393	392		2021; or 29
394	393		(B) On and after July 28, 2021, meets the following 30
395	394		requirements: 31
396	395		(i) Has completed the education required under § 17 -32
397	396		26-707; and 33
398	397		(ii) Is a registered instructor for permanent 34
399	398		cosmetics or semipermanent cosmetics with the department; and 35
400	399		(12) “Student” means any person who is enrolled and engaged in 36 As Engrossed: S3/30/23 SB392
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404	403
405	404		learning or acquiring knowledge of permanent cosmetics and semipermanent 1
406	405		cosmetics in an institution under a sponsor educator. 2
407	406		3
408	407		17-26-702. Unlawful to perform permanent cosmetics or semipermanent 4
409	408		cosmetics on person under 18 years of age — Documentation and consent. 5
410	409		(a)(1) A person under eighteen (18) years of age shall not undergo 6
411	410		permanent cosmetics or semipermanent cosmetics unless: 7
412	411		(A) Written consent is given by the person's parent or 8
413	412		legal guardian; 9
414	413		(B) The parent or legal guardian is present during the 10
415	414		procedure; 11
416	415		(C) The person to undergo permanent cosmetics and 12
417	416		semipermanent cosmetics and the parent or legal guardian each provide a valid 13
418	417		government-issued form of identification that includes a name, date of birth, 14
419	418		and photo; and 15
420	419		(D) The parent or legal guardian presents proof of 16
421	420		guardianship that matches the identification given, including without 17
422	421		limitation a birth certificate or a court or state record for adoption, legal 18
423	422		guardianship, emancipation, or a marriage license. 19
424	423		(2) The artist shall retain for at least two (2) years a copy of 20
425	424		a photo identification and a proof of guardianship presented under 21
426	425		subdivision (a)(1) of this section. 22
427	426		(b) A person shall not perform permanent cosmetics and paramedical 23
428	427		tattooing on a person under thirteen (13) years of age, regardless of 24
429	428		parental consent, except when authorized or prescribed by a physician's 25
430	429		statement. 26
431	430		(c) Regardless of age, the person receiving the permanent cosmetics 27
432	431		and semipermanent cosmetics shall attest to the fact that he or she is not 28
433	432		under the influence of drugs or alcohol. 29
434	433		(d) Printed and verbal instructions on the care of the skin and the 30
435	434		permanent cosmetics and semipermanent cosmetics shall be given to each person 31
436	435		after the procedure, and a copy of the instr uctions shall be posted in a 32
437	436		conspicuous place in the establishment. 33
438	437		(e)(1)(A) In addition to the attestations required in subsections (a) 34
439	438		and (c) of this section, records shall be kept of all persons receiving 35
440	439		permanent cosmetics and semipermanent cosme tics and of the parents or legal 36 As Engrossed: S3/30/23 SB392
441	440
442	441		12 03-30-2023 14:10:20 MLD117
443	442
444	443
445	444		guardians giving consent under the rules promulgated by the Department of 1
446	445		Health to implement this subchapter. 2
447	446		(B) If the person to undergo permanent cosmetics and 3
448	447		semipermanent cosmetics is under eighteen (18) years of age, the record shall 4
449	448		include the printed legal name and signature of the parent or legal guardian. 5
450	449		(2) All records shall be retained for at least two (2) years 6
451	450		from the last date recorded in the bound book. 7
452	451		(3) All required signatures shall be in i nk or digital form, and 8
453	452		required records shall be available at a reasonable time for examination by 9
454	453		the department and by local health officials. 10
455	454		(f)(1) Except as provided in subsections (a) -(c) of this section, it 11
456	455		is unlawful to perform permanent cosmet ics and semipermanent cosmetics on a 12
457	456		person under eighteen (18) years of age, and any person who pleads guilty or 13
458	457		nolo contendere to or is found guilty of a violation of this subdivision 14
459	458		(f)(1) is guilty of a Class A misdemeanor. 15
460	459		(2) Any person who fals ely claims to be the minor's parent or 16
461	460		legal guardian for the purpose of obtaining permanent cosmetics and 17
462	461		semipermanent cosmetics for a person under eighteen (18) years of age shall 18
463	462		be guilty of a Class D felony. 19
464	463		(3) It is not a defense to a criminal p rosecution under 20
465	464		subdivision (f)(1) of this section that at the time of the offense the person 21
466	465		who received the permanent cosmetics or semipermanent cosmetics possessed a 22
467	466		letter of consent from the person's parent or legal guardian if the letter 23
468	467		was forged or if a person falsely assumed the identity of the minor's parent 24
469	468		or legal guardian. 25
470	469		(g)(1) It is unlawful to perform permanent cosmetics or semipermanent 26
471	470		cosmetics in any unlicensed establishment. 27
472	471		(2) A person who pleads guilty or nolo contendere to or is found 28
473	472		guilty of a violation of subdivision (g)(1) of this section is guilty of a 29
474	473		Class D felony. 30
475	474		(3) A fine collected under this section, less court fees, shall 31
476	475		be allocated as follows: 32
477	476		(A) Fifty percent (50%) to the State of Arkansas; 33
478	477		(B) Twenty-five percent (25%) to the city or county that 34
479	478		levied and collected the fine; and 35
480	479		(C) Twenty-five percent (25%) to be deposited into the 36 As Engrossed: S3/30/23 SB392
481	480
482	481		13 03-30-2023 14:10:20 MLD117
483	482
484	483
485	484		State Treasury, credited to the Public Health Fund, and used exclusively for 1
486	485		permanent cosmetics and semipe rmanent cosmetics. 2
487	486		3
488	487		17-26-703. Licensure, regulation, and inspection for health hazards. 4
489	488		(a)(1) An artist who performs permanent cosmetics or semipermanent 5
490	489		cosmetics shall be licensed by the Department of Health. 6
491	490		(2) An establishment where artists perform permanent cosmetics 7
492	491		or semipermanent cosmetics shall be licensed by the department. 8
493	492		(3) An institution shall be licensed by the department as an 9
494	493		establishment. 10
495	494		(4) An artist from a state other than Arkansas or a country 11
496	495		outside of the United States who holds a license from the permanent cosmetics 12
497	496		and semipermanent cosmetics regulatory board or agency in that state or 13
498	497		country may submit an application for qualifications review by the department 14
499	498		to determine eligibility for a permanent cosmetics and semipermanent 15
500	499		cosmetics license based upon criteria established by the department. 16
501	500		(5) The business premises, equipment, procedures, techniques, 17
502	501		and conditions of those businesses shall be subject to at least one (1) 18
503	502		inspection by the department. 19
504	503		(b)(1) The department may adopt appropriate rules regarding the 20
505	504		artists, premises, equipment, procedures, techniques, and conditions of 21
506	505		establishments which perform procedures subject to this subchapter to assure 22
507	506		that the premises, equipment, procedures, techniques, and conditions are 23
508	507		aseptic and do not constitute a health hazard. 24
509	508		(2) Any rule affecting establishments in effect on January 1, 25
510	509		2021, shall remain in effect until the department adopts rules under this 26
511	510		subchapter. 27
512	511		(c) Applicants for a lice nse shall file applications upon forms 28
513	512		prescribed by the department. 29
514	513		(d) A license shall be issued only for the premises and persons in the 30
515	514		application and shall not be transferable. 31
516	515		(e)(1) The department shall levy and collect an annual fee of: 32
517	516		(A) One hundred fifty dollars ($150) per facility for 33
518	517		issuance of a license to an establishment; and 34
519	518		(B) One hundred dollars ($100) per artist for issuance of 35
520	519		a license to an artist. 36 As Engrossed: S3/30/23 SB392
521	520
522	521		14 03-30-2023 14:10:20 MLD117
523	522
524	523
525	524		(2)(A) The department shall collect a one -time fee of five 1
526	525		hundred dollars ($500) per artist licensed in a state other than Arkansas or 2
527	526		a country other than the United States who applies for qualifications review 3
528	527		by the department. 4
529	528		(B) The fee for written and practical exams under § 17 -26-5
530	529		709 is not required for an app licant under subdivision (e)(2)(A) of this 6
531	530		section for exams taken to complete requirements established by the 7
532	531		department. 8
533	532		(C) Upon satisfactory completion of the requirements by 9
534	533		the applicant and approval of qualifications established by the departmen t, a 10
535	534		license for an artist shall be issued to an applicant under subdivision 11
536	535		(e)(2)(A) of this section. 12
537	536		(D) The department shall collect the annual artist fee of 13
538	537		one hundred dollars ($100) after the issuance of a license under subdivision 14
539	538		(e)(2)(C) of this section. 15
540	539		(3) The annual fee for an artist or for an establishment shall 16
541	540		be based upon the calendar year, January 1 through December 31, with fees for 17
542	541		any given year due by December 31 of the previous year. 18
543	542		(4) If the annual fee for an establishm ent has not been paid by 19
544	543		March 1 of the calendar year, the establishment shall be closed until a new 20
545	544		license has been issued by the department and the annual fee has been paid. 21
546	545		(5)(A) If the annual fee for an artist has not been paid by 22
547	546		March 1 of the calendar year, the artist shall have his or her license 23
548	547		suspended for ninety (90) days. 24
549	548		(B) If an artist has his or her license suspended, he or 25
550	549		she shall before a license may be reissued within ninety (90) days after the 26
551	550		suspension: 27
552	551		(i) Pay a reinstatement fee of one hundred dollars 28
553	552		($100) and pay all overdue licensing fees; 29
554	553		(ii) Complete a written exam with the department and 30
555	554		a practical exam in the establishment in which the artist is licensed; and 31
556	555		(iii) Meet current requirements establis hed by the 32
557	556		department for artists. 33
558	557		(C) If an artist whose license is suspended has not met 34
559	558		the requirements under subdivision (e)(5)(B) of this section within ninety 35
560	559		(90) days after the suspension, the artist may apply for qualification 36 As Engrossed: S3/30/23 SB392
561	560
562	561		15 03-30-2023 14:10:20 MLD117
563	562
564	563
565	564		review. 1
566	565		(6) In addition to the penalty provisions found in this 2
567	566		subsection, any owner of an establishment or institution operating without a 3
568	567		current license commits a Class D felony. 4
569	568		(f) An artist shall complete not less than eight (8) clock hours of 5
570	569		continuing education at an institution licensed by the State Board of Health 6
571	570		in order to renew his or her license each year. 7
572	571		(g) All fees levied and collected under this subchapter are declared 8
573	572		to be special revenues and shall be deposited into the State Treasury, and be 9
574	573		used exclusively for permanent cosmetics and semipermanent cosmetics. 10
575	574		(h) Subject to any rules as may be implemented by the Chief Fiscal 11
576	575		Officer of the State, the disbursing officer for the department may transfer 12
577	576		all unexpended funds that pertain to fees collected under this subchapter, as 13
578	577		certified by the Chief Fiscal Officer of the State, to be carried forward and 14
579	578		made available for expenditures for the same purpose for any following fiscal 15
580	579		year. 16
581	580		17
582	581		17-26-704. Local health officials. 18
583	582		(a) Any city or county department of health may periodically inspect 19
584	583		establishments on the basis of compliance with state, city, or county 20
585	584		sanitary regulations. 21
586	585		(b) The governing body of any municipality or county may adopt by 22
587	586		ordinance local sanitary regulations of establishments. 23
588	587		24
589	588		17-26-705. No criminal liability. 25
590	589		This subchapter does not create any liability, criminal or otherwise, 26
591	590		for a person under eighteen (18) years of age for undergoing permanent 27
592	591		cosmetics or semipermanent cosmetics. 28
593	592		29
594	593		17-26-706. Blood-borne pathogens course. 30
595	594		(a)(1) Each artist, instructor, and student shall complete United 31
596	595		States Occupational Safety and Health Administration blood -borne pathogens 32
597	596		training approved by the Department of Health on or before December 1, 2022. 33
598	597		(2) An approved online course may be used to satisfy the 34
599	598		requirement under subdivision (a)(1) of this section. 35
600	599		(b) Each instructor shall complete the course before training any 36 As Engrossed: S3/30/23 SB392
601	600
602	601		16 03-30-2023 14:10:20 MLD117
603	602
604	603
605	604		student. 1
606	605		(c) Each student shall complete the course before applying for the 2
607	606		examination required under § 17-26-709. 3
608	607		(d)(1) After completion of a first United States Occupational Safety 4
609	608		and Health Administration blood -borne pathogens training approved by the 5
610	609		department, an artist, instructor, and student shall renew the training 6
611	610		annually. 7
612	611		(2) A copy of each annual certification under subdivision (d)(1) 8
613	612		of this section shall be submitted to the department with the license 9
614	613		renewal. 10
615	614		11
616	615		17-26-707. Education of student. 12
617	616		(a) A sponsor educator shall be a registered sponsor educator at an 13
618	617		institution licensed by the Department of Health. 14
619	618		(b) The department shall develop standards to determine: 15
620	619		(1) The maximum number of students in an institution at one (1) 16
621	620		time; and 17
622	621		(2) The length of the program in hours and across a range of 18
623	622		months. 19
624	623		(c)(1)(A) During the education of the student in permanent cosmetics, 20
625	624		each student shall complete not less than four hundred (400) clock hours of 21
626	625		supervised permanent cosmetics education, including not less than one hundred 22
627	626		fifty (150) hours of supervised on-site work and not less than two hundred 23
628	627		(200) hours of classroom instruction, in a period not less than six (6) 24
629	628		months or more than twenty -four (24) months in an establishment licensed 25
630	629		under § 17-26-703. 26
631	630		(B) During the education of a student in semi permanent 27
632	631		cosmetics, each student shall complete not less than two hundred (200) clock 28
633	632		hours of supervised semipermanent cosmetics, including not less than one 29
634	633		hundred (100) hours of supervised on -site work and not less than fifty (50) 30
635	634		hours of classroom i nstruction, in a period not less than six (6) months or 31
636	635		more than twenty-four (24) months in an establishment licensed under § 17 -26-32
637	636		703. 33
638	637		(C) Additional modalities of paramedical tattooing may be 34
639	638		added by completing not less than sixteen (16) clock hou rs of technical and 35
640	639		procedural training in each of the fields of paramedical tattooing in which 36 As Engrossed: S3/30/23 SB392
641	640
642	641		17 03-30-2023 14:10:20 MLD117
643	642
644	643
645	644		the student is to be licensed. 1
646	645		(D) A student studying multiple fields of permanent 2
647	646		cosmetics and semipermanent cosmetics at the same time shall complete a t otal 3
648	647		of six hundred (600) clock hours of all fields in not less than six (6) 4
649	648		months or more than twenty -four (24) months. 5
650	649		(2)(A) The sponsor educator shall maintain a training log of the 6
651	650		clock hours completed by the student on forms approved by the Stat e Board of 7
652	651		Health. 8
653	652		(B) The training log shall include without limitation a 9
654	653		record of: 10
655	654		(i) Hours of both theory and practical education; 11
656	655		(ii) The procedures observed and completed; 12
657	656		(iii) A list of resources used for training; 13
658	657		(iv) The name, address, phone number, email address, 14
659	658		and date of birth of the client on whom the procedure is performed; 15
660	659		(v) The date of the procedure; 16
661	660		(vi) The name, phone number, and signature of the 17
662	661		student; and 18
663	662		(vii) The name and signature of the s ponsor educator 19
664	663		and one (1) administrative member of the institution. 20
665	664		(C) The student shall keep available for inspection a 21
666	665		bound record book that is separate from the record book of another artist or 22
667	666		artist in training. 23
668	667		(D) The completed training log shall be submitted to the 24
669	668		board at the time of the practical examination under § 17 -26-709. 25
670	669		(3) In order to graduate from an institution, a student shall 26
671	670		complete three (3) procedures in each area of the face by using the 27
672	671		equipment. 28
673	672		(d)(1) During the education of an artist to become a sponsor educator, 29
674	673		each artist shall complete not less than six hundred (600) clock hours of a 30
675	674		supervised instructor program, including not less than one hundred (100) 31
676	675		hours of teaching observation, two hundred (200) h ours of theory, one hundred 32
677	676		fifty (150) hours of procedure observation, and one hundred fifty (150) hours 33
678	677		of practice teaching. 34
679	678		(2) A person shall not identify as a sponsor educator until 35
680	679		licensed or certified under this subchapter. 36 As Engrossed: S3/30/23 SB392
681	680
682	681		18 03-30-2023 14:10:20 MLD117
683	682
684	683
685	684		(3) A licensure or certification of a sponsor educator is only 1
686	685		valid at the institution in which the licensure or certification is received. 2
687	686		(4) A sponsor educator may offer training only in the area in 3
688	687		which the sponsor educator holds a current license from the departm ent. 4
689	688		(e) The department shall adopt a minimum curriculum for each area of 5
690	689		permanent cosmetics and semipermanent cosmetics training that shall be 6
691	690		followed by all sponsor educators, students, and institutions. 7
692	691		8
693	692		17-26-708. Institutions. 9
694	693		(a) The Department of Health may grant licensure to an institution if 10
695	694		the owner of the institution submits: 11
696	695		(1) The address and phone number of the institution; 12
697	696		(2) Proof of accreditation within the previous six (6) months; 13
698	697		(3) The floor plan of the institution t o ensure adequate space 14
699	698		for fundamental teaching and hands -on laboratory instruction; 15
700	699		(4) The name, contact information, work experience, and license 16
701	700		information for all sponsor educators teaching at the institution; 17
702	701		(5) The background and resume of the owner; 18
703	702		(6) Proof of registration and good standing with the Secretary 19
704	703		of State under the name of the institution; 20
705	704		(7) Proof of malpractice or liability insurance; 21
706	705		(8) A detailed curriculum to be approved by the department; and 22
707	706		(9) A licensure fee of eight hundred fifty dollars ($850). 23
708	707		(b) Once licensed by the department, the institution shall: 24
709	708		(1) Maintain daily records of the student's time which shall be 25
710	709		accessible by the student and the department; 26
711	710		(2) Ensure that hours on the transcript are transferable with 27
712	711		all institutions within this state; 28
713	712		(3) Provide: 29
714	713		(A)(i) A certified transcript to a student or the 30
715	714		department upon request. 31
716	715		(ii) The institution may charge a student no more 32
717	716		than twenty-five dollars ($25.00) per copy and shall provide the copy within 33
718	717		two (2) business days; and 34
719	718		(B)(i) A copy of the enrollment agreement between the 35
720	719		institution and the student to the department. 36 As Engrossed: S3/30/23 SB392
721	720
722	721		19 03-30-2023 14:10:20 MLD117
723	722
724	723
725	724		(ii) The enrollment agreement may be adjusted at any 1
726	725		time with a thirty-day written notice and supporting documentation submitted 2
727	726		to the department; and 3
728	727		(4) Submit a renewal fee of one hundred dollars ($100). 4
729	728		(c) An institution that does not comply with this section is subject 5
730	729		to: 6
731	730		(1) A fine not to exceed one thousand dollars ( $1,000) per 7
732	731		violation; 8
733	732		(2) Reimbursement or refund to a student of no less than fifty 9
734	733		percent (50%) of tuition per student; or 10
735	734		(3) Permanent closure of the institution. 11
736	735		(d) An institution that does not comply with or breaches the 12
737	736		enrollment agreement between the institution and the student is subject to: 13
738	737		(1) A fine not to exceed five hundred dollars ($500) per 14
739	738		violation; 15
740	739		(2) Reimbursement or refund to a student of no less than fifty 16
741	740		percent (50%) of tuition per student; or 17
742	741		(3) Permanent closure of the institution. 18
743	742		(e)(1) An institution that proposes to offer distance learning shall 19
744	743		provide a detailed curriculum of the course of study with supporting 20
745	744		materials and digital testing methods. 21
746	745		(2) The department shall not license an instituti on for distance 22
747	746		learning if the institution is unable to administratively support off -campus 23
748	747		education. 24
749	748		(3) A student may take a permanent cosmetics and semipermanent 25
750	749		cosmetics kit or machine, or both, home to be able to practice remotely 26
751	750		through institutions approved for distance learning. 27
752	751		(f)(1) An institution may utilize guest artists and guest educators 28
753	752		for courses. 29
754	753		(2) A guest artist shall: 30
755	754		(A) Pay a fee of five hundred dollars ($500) to perform 31
756	755		billable services in this state; and 32
757	756		(B) Apply for a license in this state that has to be valid 33
758	757		for no more than fourteen (14) consecutive days. 34
759	758		(3) A guest educator shall not perform billable services and 35
760	759		shall be regulated under the authority of the institution. 36 As Engrossed: S3/30/23 SB392
761	760
762	761		20 03-30-2023 14:10:20 MLD117
763	762
764	763
765	764		(g)(1) An institution in op eration on July 28, 2021, shall submit all 1
766	765		documentation indicated in this section to the department and comply with all 2
767	766		laws and rules within ninety (90) days to remain in operation. 3
768	767		(2) An institution that does not become compliant within ninety 4
769	768		(90) days is subject to immediate closure until the institution comes into 5
770	769		compliance. 6
771	770		7
772	771		17-26-709. Examination — Fee. 8
773	772		(a)(1)(A) Each student seeking licensure as an artist under the rules 9
774	773		of the Department of Health shall take a written and practical examination 10
775	774		prepared or approved by the department after completion of education 11
776	775		requirements. 12
777	776		(B) Upon completion of the hours required under § 17 -26-13
778	777		707, a practical examination shall be conducted by the department in each 14
779	778		field of training for which the student is seeking licensure. 15
780	779		(2) Until a student receives a passing grade on the written and 16
781	780		practical examination, a student shall not: 17
782	781		(A) Be licensed as an artist; 18
783	782		(B) Hold himself or herself out as a licensed artist; or 19
784	783		(C) Independently perform a permanent cosmetics or 20
785	784		semipermanent cosmetics procedure without the supervision of a sponsor 21
786	785		educator. 22
787	786		(b) The department shall levy and collect a nonrefundable fee of fifty 23
788	787		dollars ($50.00) from each student who applies to take the written and 24
789	788		practical examinations required under this section for licensure as an 25
790	789		artist. 26
791	790		(c) A fee collected under this section shall be deposited into the 27
792	791		State Treasury, credited to the Public Health Fund, and used exclusively for 28
793	792		permanent cosmetics and semipermanent cosmetics. 29
794	793		30
795	794		17-26-710. Temporary demonstration license. 31
796	795		(a) The Department of Health may issue a temporary demonstration 32
797	796		license to an artist or establishment or to a supplier of materials for 33
798	797		permanent cosmetics and semipermanen t cosmetics for: 34
799	798		(1) Educational purposes where permanent cosmetics and 35
800	799		semipermanent cosmetics are performed; 36 As Engrossed: S3/30/23 SB392
801	800
802	801		21 03-30-2023 14:10:20 MLD117
803	802
804	803
805	804		(2) Trade shows where permanent cosmetics and semipermanent 1
806	805		cosmetics are performed; 2
807	806		(3) Demonstrations of permanent cosmetics and semip ermanent 3
808	807		cosmetics products or procedures; and 4
809	808		(4) An appearance as a guest artist. 5
810	809		(b) A temporary demonstration license shall be valid for no more than 6
811	810		fourteen (14) consecutive calendar days. 7
812	811		(c)(1) The sponsor of a permanent cosmetics and semipe rmanent 8
813	812		cosmetics event for an educational purpose, a trade show, a demonstration, or 9
814	813		a combination of an educational purpose, a trade show, and a demonstration of 10
815	814		permanent cosmetics or semipermanent cosmetics procedures where permanent 11
816	815		cosmetics and semipermanent cosmetics are performed shall obtain the 12
817	816		necessary permits to conduct business in the jurisdiction in which the event 13
818	817		will be held, including without limitation a permit issued by the department. 14
819	818		(2) The department shall collect a nonrefundabl e fee of fifty 15
820	819		dollars ($50.00) per artist who performs permanent cosmetics and 16
821	820		semipermanent cosmetics at an event, not to exceed two thousand dollars 17
822	821		($2,000) per event. 18
823	822		(3) In addition to the penalties under § 17 -26-702, a sponsor 19
824	823		who violates this subsection is subject to closure of the temporary permanent 20
825	824		cosmetics and semipermanent cosmetics event and a penalty not to exceed three 21
826	825		(3) times the cost of the permit. 22
827	826		(d) The department shall levy and collect a nonrefundable fee of fifty 23
828	827		dollars ($50.00) from a guest artist for a temporary demonstration license. 24
829	828		(e)(1) An application for a temporary demonstration license shall be 25
830	829		submitted to the department not less than forty -five (45) days before the 26
831	830		event for educational purposes, trade show, or demonstration of permanent 27
832	831		cosmetics and semipermanent cosmetics products and procedures where permanent 28
833	832		cosmetics and semipermanent cosmetics are performed. 29
834	833		(2) An application for a temporary demonstration license shall 30
835	834		be submitted to the department n ot less than seven (7) days before the 31
836	835		appearance of a guest artist. 32
837	836		(3) An artist shall provide evidence of completion of United 33
838	837		States Occupational Safety and Health Administration blood -borne pathogens 34
839	838		training with the application. 35
840	839		(f)(1) A person applying for a temporary demonstration license to 36 As Engrossed: S3/30/23 SB392
841	840
842	841		22 03-30-2023 14:10:20 MLD117
843	842
844	843
845	844		appear as a guest artist shall provide documentation of licensure as an 1
846	845		artist in another state or country or employment history in an establishment 2
847	846		licensed by the regulatory board or agency in another st ate or country before 3
848	847		the temporary demonstration license may be granted. 4
849	848		(2) The establishment where the guest artist is appearing shall 5
850	849		have a licensed artist on its staff. 6
851	850		(3) A guest artist may be issued a temporary demonstration 7
852	851		license to appear as a guest artist no more than one (1) time every three (3) 8
853	852		months. 9
854	853		(g) A fee levied and collected under this section is special revenue 10
855	854		and shall be deposited into the State Treasury, to be credited to the Public 11
856	855		Health Fund to be used exclusivel y for permanent cosmetics and semipermanent 12
857	856		cosmetics. 13
858	857		14
859	858		17-26-711. Critical items for closure of establishment. 15
860	859		(a) The Department of Health shall create and publish a list of 16
861	860		critical items for closure of an establishment. 17
862	861		(b)(1) An establishment that violates a critical item from the list 18
863	862		established under subsection (a) of this section is subject to immediate 19
864	863		closure by the department. 20
865	864		(2) An establishment closed under subdivision (b)(1) of this 21
866	865		section shall remain closed until: 22
867	866		(A) Fines or penalties, or both, assessed under this 23
868	867		subchapter have been paid; and 24
869	868		(B) Upon inspection by the department, the establishment 25
870	869		is no longer in violation of a critical item. 26
871	870		27
872	871		17-26-712. Prohibitions. 28
873	872		(a) Permanent cosmetics and semipermanent cos metics are prohibited: 29
874	873		(1) On a person who is inebriated or appears to be incapacitated 30
875	874		by the use of alcohol or drugs; 31
876	875		(2) On a person who shows signs of recent intravenous drug use; 32
877	876		(3) On an area with sunburn, open lesions, rashes, or wounds; 33
878	877		(4) With the use of a product or ink banned or restricted by the 34
879	878		United States Food and Drug Administration; and 35
880	879		(5) On an animal in a facility licensed for the application of 36 As Engrossed: S3/30/23 SB392
881	880
882	881		23 03-30-2023 14:10:20 MLD117
883	882
884	883
885	884		permanent cosmetics or semipermanent cosmetics on human beings. 1
886	885		(b)(1) A person shall not sell an instrument of permanent cosmetics or 2
887	886		semipermanent cosmetics to a person within this state who is not licensed as 3
888	887		an artist by the Department of Health. 4
889	888		(2)(A) A violation of subdivision (b)(1) of this section is a 5
890	889		Class A misdemeanor. 6
891	890		(B) Each violation of subdivision (b)(1) of this section 7
892	891		is a separate offense. 8
893	892		(c)(1) Possession of an instrument of permanent cosmetics or 9
894	893		semipermanent cosmetics by a person within this state who is not licensed as 10
895	894		an artist or registered student by the department is prohibited. 11
896	895		(2)(A) A violation of subdivision (c)(1) of this section is a 12
897	896		Class A misdemeanor. 13
898	897		(B) Each violation of subdivision (c)(1) of this section 14
899	898		is a separate offense. 15
900	899		(d) A fine collected under this section, le ss court fees, shall be 16
901	900		allocated as follows: 17
902	901		(1) Fifty percent (50%) to the State of Arkansas; 18
903	902		(2) Twenty-five percent (25%) to the city or county that levied 19
904	903		and collected the fine; and 20
905	904		(3) Twenty-five percent (25%) to be deposited into the State 21
906	905		Treasury, credited to the Public Health Fund, and used exclusively for 22
907	906		permanent cosmetics and semipermanent cosmetics. 23
908	907		24
909	908		17-26-713. Penalties. 25
910	909		(a) An artist who violates this subchapter or rules adopted by the 26
911	910		Department of Health pertaining to p ermanent cosmetics or semipermanent 27
912	911		cosmetics commits a misdemeanor punishable by a fine of not less than one 28
913	912		thousand dollars ($1,000) and not more than five thousand dollars ($5,000) 29
914	913		for each offense. 30
915	914		(b) After notice of a violation has been given, eac h violation of this 31
916	915		subchapter constitutes a separate offense unless another penalty is 32
917	916		specifically provided in this subchapter. 33
918	917		34
919	918		/s/B. Davis 35
920		-	~~APPROVED: 4/11/23~~ 36
	919	+	36