Current through Register Vol. 2022, No. 3, March, 2022
The following Rules Pertaining to Body Art Establishments are
duly adopted and promulgated by the Arkansas Board of Health pursuant to the
authority expressly conferred by the laws of the State of Arkansas including,
without limitation, Act 96 of 1913 as amended, the same being Ark. Code Ann.
To protect the health of the citizens of Arkansas by
establishing criteria for the application of body art, to require licensing of
artists and establishments, and require inspections of such
For the purposes of these Rules, the following words and
phrases when used herein shall be construed as follows:
APP. The Alliance of
APT. The Alliance of Professional Tattooists.
Artist. Any person, other
than a licensed physician, who performs body art on a human.
Artist in Training.
3.4.1. Is in training under the
supervision of an artist trainer or a physician; and
3.4.2. Shall not perform body art
An artist who:
3.5.1. Has been licensed by the Department of
Health as an artist for at least five (5) years in the specified field of body
art in which he or she will offer training;
3.5.2. Has worked in a body art establishment
licensed by the Department for at least five (5) years and been in compliance
with Department rules governing body artists;
3.5.3. Has completed the course required
under § 20-27-1506; and
Is a registered instructor for the specified field of body art with the State
Board of Private Career Education.
Aseptic Technique. The
practice which prevents or hinders the transmission of disease-producing
microorganisms from one person or place to another person or place.
ASTM. The American Society
for Testing and Materials.
Procedures that include:
3.8.1. Body Piercing;
3.8.3. Permanent Cosmetics;
3.8.4. Tattooing; and
Body Piercing and Body Piercing
The puncturing of a part of a live human being to create a
hole for ornamentation or decoration or a single-point perforation of a body
part to insert an anchor with a single stud protruding or flush with the skin.
3.9.1. Body piercing or body piercing
procedure shall not include piercing an earlobe with a pre-sterilized
disposable, single-use stud or solid needle that is applied using a mechanical
device to force the needle or stud through the earlobe.
Branding. A permanent mark
made on human tissue by burning with a hot iron or other instrument.
Critical Item. An aspect
of operation or condition of a facility or equipment that constitutes the
greatest hazard to health and safety, including imminent health
Decontamination Area. An area designated for the decontamination
and processing of dirty instruments.
Department. The Arkansas
Department of Health or its authorized agent.
Disinfectant. A product
that is registered by the Federal Environmental Protection Agency and/or the
Department of Pesticide Regulation, as indicated on the label, to reduce or
eliminate the presence of disease-causing microorganisms, including human
immunodeficiency virus (HIV) and hepatitis B virus (HBV) for use in
decontaminating work surfaces.
Enzymatic Cleaner or Enzymatic
Detergent. Low-foaming detergents which add enzymes capable of digesting
organic material such as blood and mucous, and which are labeled as such by the
Establishment. Any place or facility where body art is performed
and that has a body artist licensed in Arkansas on staff.
Germicidal Solution. A
substance for use in the destruction of pathogenic microorganisms as indicated
on the label.
An artist from a state other than Arkansas or a country other
than the United States who:
3.18.1. Holds a
license from the body art regulatory board or agency, if in existence, in that
state or country; or
artist license is not available in the guest artist's state or country, can
submit to the Department of evidence of professional experience, employment and
188.8.131.52. Proof of
blood-borne pathogen certification; and
184.108.40.206. Proof of employment in a licensed
body art facility for at least two (2) years.
during body art procedures, including without limitation:
3.19.4. Permanent cosmetic needles and
3.19.5. Receiving tubes;
3.19.6. Tattoo barrels and
ISO. The International Organization for Standardization.
Operator. Any person who
owns, controls, operates, conducts or manages any permanent cosmetic or tattoo
establishment, whether actually performing the work of tattooing or
Cosmetics and Permanent Cosmetic Procedure.
The application of permanent
or semi-permanent pigmentation by the penetration of the skin with a needle or
other instrument to:
3.22.1. The face for
cosmetic purposes; or
part of the body for scar coverage or other corrective purposes.
The act of applying body art.
Recoloration of the skin, including through the
use of dermabrasion or chemical peels, sought due to:
3.24.1. Birthmarks, vitiligo, or other skin
conditions, which result in the loss of melanin to the skin;
3.24.2. Scarring caused by surgical
procedures, including without limitation face lifts, mole or wart removal,
cauterization, and other similar procedures;
3.24.3. Mastectomy, including recreation of
an areola or nipple; or
Scarification. Injury of
the skin involving scratching, etching, or cutting of designs to produce a scar
on a human being for ornamentation or decoration.
Any instrument which intentionally alters human skin for the purpose of
Sharps. Includes, but is not limited to, any contaminated object
that can penetrate the skin; any waste produced in the course of physically
altering a human being including tattooing, ear piercing; or any other process
where a foreign object is used to cut or pierce the skin. All waste generated
in this manner meeting the definition of sharps must be handled
Service. Articles intended for one-time, one-person use and then
Sponsor. An individual or business entity, including an event
coordinator or manager, responsible for the organization of a convention, trade
show, or other temporary event that includes a body art demonstration
Implanting. The insertion of an object under the skin of a live human
being for ornamentation or decoration.
Tattooing and Tattoo
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin by introducing pigments, or
by the production of scars to form indelible marks with the aid of needles or
3.31.1. Tattooing and
Tattoo Procedure do not include permanent cosmetics.
Tempered Water. Water
having a temperature range between 85°F (29°C) and 110°F
Vendor. A person who supplies body art materials, including body
art instruments, at a temporary demonstration where body art is
4.1. No person
except a duly licensed physician shall engage in the practice of body art or
act as a body artist unless he or she holds a body art license issued by the
4.2. These Rules are
not applicable to any establishment under the control or direction of a duly
licensed physician nor do they apply to licensed medical hospitals and
similarly licensed medical institutions.
The following requirements must be
completed before any individual shall receive a body art license:
4.3.1. Prior to applying for a body art
license, the applicant must complete blood-borne pathogens training which meets
the requirements of the Occupational Safety and Health Administration (OSHA)
and is approved by the Department.
4.3.2. Artists in training pursuing licensure
for scarification shall also complete basic first aid and CPR training, which
is approved by the Department.
4.3.3. Artists in training pursuing licensure
for scarification shall possess a current license in another field of body art.
They shall also submit training and experience documentation related to
scarification for review by the Department to determine eligibility for
4.3.4. An application
for a body art license shall be filed with the Department at the time of the
4.3.5. The applicant
must successfully complete a written examination given by the Department. This
examination shall be based on these Rules. It shall insure the applicant has
knowledge of pertinent microbiology and proper technique, to assure that
infection and contagious disease shall not be spread.
The applicant shall meet all the
current applicable requirements of the Rules Pertaining to the Control of
The applicant must complete an approved training program as set
forth by the Department. Artist in training shall train in a licensed body art
training facility under a currently licensed artist trainer who has been
licensed and operating in compliance with the Rules in the State of Arkansas
for a period of not less than five (5) years.
4.3.7. At the end of the required training
period, the applicant must successfully complete a practical exam in the
field(s) of study. Practical exams conducted by the Department will observe a
procedure for aseptic technique, sterilization procedures, recordkeeping and
aftercare instruction to the client.
4.3.8. A practical body art training facility
shall be licensed by the Department as a body art establishment and an approved
body art training facility.
The Department shall levy and collect a nonrefundable fee of fifty dollars
($50.00) from each artist in training who applies to take the written and
practical examinations. This fee is waived for an Artist in the qualification
artist with an expired Arkansas license, or an artist from another state or a
country outside of the United States, who holds a license from the body art
regulatory board or agency in that state or country, may submit to the
Department an application for qualifications review and a $500.00 nonrefundable
application fee, to determine eligibility for a body art license issued by this
The Department will review qualifications based on the
4.4.1. Proof of
annual blood-borne pathogen certification.
4.4.2. Proof of licensure as a body art
artist by the appropriate regulatory agency within the last two (2) calendar
4.4.3. Copy of the body art
laws and/or regulations from the regulatory agency which licenses the
the regulatory agency concerning the establishment where the artist is
currently employed or has most recently been employed, including, but not
220.127.116.11. Name of
18.104.22.168. Length of
22.214.171.124. A copy of
licensure and inspection reports of establishment.
4.4.5. Documentation that the artist
completed, at a minimum, a six (6) month artist in training program. In lieu of
training documentation, the artist may submit a letter of reference from the
regulatory agency, which provides compliance history, evaluation of knowledge
of health and safety standards and any record of training completed.
4.4.6. Proof of passage of the Department's
body art written exam.
Completion of a practical exam at a currently licensed body art establishment
in Arkansas or other Department approved facility.
4.5. Upon receipt and approval of all
qualification requirements, the artist shall be invoiced and submit the annual
artist license fee.
4.6. An artist
from another state or a country outside of the United States where artist
licensure is not required by a regulatory body shall complete the artist in
training program as required by Section 4.3 of these Rules.
20-27-1507. Education of artist in
An artist trainer shall be a
registered instructor in a school licensed by the State Department of Health
under § 6-51-601 et seq. The Department shall develop standards to
126.96.36.199. The maximum number of
artists in training in a training facility at one time; and
188.8.131.52. The length of the program in hours
and across a range of months.
184.108.40.206. During the artist training in the
fields of tattoo, body piercing, or permanent cosmetics, each artist in
training shall complete not less than three hundred seventy-five (375) clock
hours of supervised body art work and classroom instruction in a period not
less than six (6) months or more than twenty-four (24) months in an
establishment licensed under § 20-27-1503 and § 6-51-601 et
220.127.116.11. During the artist
training in the field of branding, each artist in training shall complete not
less than three hundred seventy-five (375) clock hours of supervised body art
work and classroom instruction in a period not less than six (6) months or more
than twenty-four (24) months in an establishment licensed under §
20-27-1503 and § 6-51-601 et seq. Additional fields of body art training
may be added by completing not less than two hundred fifty (250) clock hours of
technical and procedural training in each of the other fields of body art in
which an artist in training is to be licensed. An artist in training studying
multiple fields of body art at the same time shall complete the total clock
hours of all fields in not less than twelve (12) months or more than
twenty-four (24) months.
The artist trainer shall maintain a training log of the clock hours completed
by the artist in training on forms approved by the Department
The training log shall include
without limitation a record of:
Hours of both theory and practical education;
18.104.22.168.2. The procedures observed and
22.214.171.124.3. A list of
resources used for training.
126.96.36.199. The artist in training shall keep
available for inspection a bound record book that is separate from the record
book of another artist or artist in training.
188.8.131.52. The completed training log shall be
submitted to the Department of Health at the time of the practical examination
under an artist trainer may offer training only in the area in which the artist
trainer holds a current license from the Department of Health.
184.108.40.206. The Department of Health shall adopt
a minimum curriculum for each area of body art training that shall be followed
by all artist trainers, artists in training, and body art training
ARTIST LICENSE FEE AND
in training who has completed the written exam by the Department and is
currently enrolled in an approved training facility, at the time of the
effective date of this rule, will be exempt from any additional requirements
for the current course of study.
exemption shall not apply to any course of study begun after the effective date
of this rule.
Artist's licenses shall expire on December 31st
each year and are renewable when the applicant meets all the current applicable
requirements of these Rules and Ark. Code Ann. § 20-27-1501 et seq.
including, but not limited to:
Submission of a renewal application for a body art license.
5.2.2. Proof of completion of the annual
blood-borne pathogen certification.
5.2.3. For Scarification Artists, proof of
current CPR and first aid certification.
The Department shall levy and collect an
annual fee of one hundred dollars ($100) per artist for issuance of a license
to an artist who performs body art.
the annual fee for a licensed artist has not been paid by March 1 of the
calendar year, the artist license shall be suspended for ninety (90)
Before a license may
be reissued within ninety (90) days after suspension the artist shall:
220.127.116.11. Pay a reinstatement fee of one
hundred dollars ($100) and all overdue licensing fees;
18.104.22.168. Complete a written exam with the
Department and a practical exam at the studio in which the artist is licensed,
a currently licensed body art establishment in Arkansas or other Department
approved facility; and
Meet all current requirements established by the Department for
5.3.3. If an
artist whose license is suspended has not met the requirements under 5.3.2.
within ninety (90) days after the suspension, the artist may apply for
Veterans Licensure Under Act 820 of 2019.
22.214.171.124. As used in this subsection,
"returning military veteran" means a former member of the United States Armed
Forces who was discharged from active duty under circumstances other than
Department shall grant such automatic licensure to:
126.96.36.199.1 An active duty military service
member stationed in the State of Arkansas;
188.8.131.52.2. A returning military veteran
applying for licensure within one (1) year of his or her discharge from active
duty; or 184.108.40.206.3 The spouse of a person under 220.127.116.11.1 or 18.104.22.168.2
shall grant such automatic licensure upon receipt of:
22.214.171.124.1 Payment of the initial licensure
126.96.36.199.2 Evidence that the
individual holds a substantially equivalent license in another state;
188.8.131.52.3 Evidence that the
applicant is a qualified applicant under 184.108.40.206.
Temporary and Provisional License under
Act 1011 of 2019
220.127.116.11 The Department shall
issue a temporary and provisional license to persons immediately upon receipt
of the application, the required fee, and evidence that the individual holds a
substantially equivalent license in another state.
18.104.22.168 The temporary and provisional license
shall be effective for least 90 days or until the Department makes a decision
on the application, unless the Department determines that the applicant does
not meet the requirements in Section 4.4 in which case the provisional and
temporary license shall be immediately revoked.
22.214.171.124 An applicant may provide the rest of
the documentation required in 4.4 above in order to receive a license, or the
applicant may only provide the information necessary for the issuance of a
temporary and provisional license.
License for person from state that does
not license profession.
Qualifications. An applicant from a state that does not license Body Artists,
Body Artist Trainers, and Body Artists in training shall meet the following
126.96.36.199.1. The applicant shall be
sufficiently competent in the body art professions.
188.8.131.52.2. The applicant for a Body Artists
license shall meet the qualifications in 4.3.
Required documentation. An applicant
shall submit a fully-executed application, the required fee, and the
documentation described below.
evidence that the applicant is sufficiently competent in the body art
184.108.40.206.2. Pass the
required tests for Body Artists, or Body Artist in Training.
220.127.116.11.3. Meet the requirements of
Reciprocity and state-specific education.
18.104.22.168 The Department shall require an
applicant to take the Body Artist Test or the Body Artist in training test if
the applicant is licensed in another state that does not offer reciprocity to
Arkansas residents that is similar to reciprocity provided to out-of-state
applicants in A.C.A. § 17-1-108.
Reciprocity in another state will be
considered similar to reciprocity under A.C.A. § 17-1-108 if the
reciprocity provisions in the other state:
22.214.171.124.1 Provide the least restrictive path
to licensure for Arkansas applicants;
126.96.36.199.2. Do not require Arkansas applicants
to participate in the apprenticeship, education, or training required as a
prerequisite to licensure of a new professional in that state, except that the
state may require Arkansas applicants to participate in continuing education or
training that is required for all professionals in that state to maintain the
188.8.131.52.3. Do not
require Arkansas applicants to take a state-specific education unless required
to do so under the same conditions described in A.C.A. §
ESTABLISHMENT LICENSE FEE
AND SANITATION CERTIFICATION
Establishment license's shall expire on December 31st of each year and are
renewable when the applicant meets all the current applicable requirements of
these Rules and Ark. Code Ann. § 20-27-1501 et seq.
The Department shall levy and collect an
annual fee of one hundred fifty dollars ($150) per facility for issuance of a
license to an establishment that performs body art.
6.2.1. If the annual fee for a licensed
establishment has not been paid by March 1 of the calendar year, the
establishment shall be closed until a new license has been issued by the
Department and the annual fee has been paid.
6.2.2. Any studio or business owner operating
without a current license commits a Class D felony.
6.3. No person shall operate a body art
establishment unless the establishment has received a Certificate of Sanitation
from the Department. No certificate shall be issued or renewed unless the
establishment has been inspected and found to be in compliance with the
provisions of these Rules at the time of the most current inspection.
6.4. The certificate shall expire on December
31 of each year. Renewal inspections shall be conducted by the
6.5. No holder of any
certificate of sanitation shall allow a body art artist to perform in his/her
establishment unless the artist is the holder of a valid body art license
issued under Section 4 of these Rules or holds a current guest artist temporary
shall be the duty of the operator or owner of the establishment to post the
current certification in a conspicuous place where it may be readily observed
by the public.
GENERAL PHYSICAL ENVIRONMENT
7.1. Each establishment shall have a
workroom, which is separate and apart from a waiting room or area. This room
shall not be used as a corridor for access to other rooms, including the public
restroom facilities for clients. Body art procedures shall only be performed in
7.2. Floors shall be
swept and wet-mopped daily. All surfaces, including, but not limited to floors,
walls, counters, chairs and tables, shall be maintained in good repair and
shall be of such materials to be easily cleanable, non-absorbent and
non-porous. Floors, walls, or ceilings in the workroom shall not be swept or
cleaned while body art procedures are being performed.
7.3. The workroom shall be equipped with a
light source that provides adequate light for the procedure area.
7.4. Light fixtures, decorative materials and
other equipment attached to the walls or ceilings shall be kept
7.5. The workroom shall
provide easy access to a sink separate from a restroom that is visible to the
client and that is designated for artist hand washing only. The workroom sink
shall be for the exclusive use of the artists for washing their hands and
preparing the customer. It shall be equipped with hands free or wrist controls
and supplied with tempered running water, liquid soap and single-use paper
towels that are dispensed from a wall-mounted dispenser.
7.6. The workroom shall have lined, hands
free, covered waste containers.
7.7. The workroom shall be equipped with an
approved sharps container.
workroom shall be free of and physically separated from any ultrasonic
7.9. The workroom shall
have adequate cabinets for the storage of instruments, dyes, pigments, and
other materials used in the body art procedures.
7.10. The workroom shall have an adequate
number of worktables for each working artist. The surface of all worktables
shall be constructed of material that is easily cleanable, smooth,
non-absorbent, corrosive-resistant and easily sanitized.
7.11. Adequate disposable surface barriers
shall be used to prevent contamination on all work surfaces and shall be
replaced after each procedure.
A body art establishment shall comply
with the following:
7.12.1. The establishment
shall have adequate lighting and ventilation.
7.12.2. The building and all equipment shall
be maintained in good repair at all times. All parts of the establishment and
its premises shall be kept clean, neat and free of litter and
7.12.3. A toilet and
lavatory (and service sink if occupancy is greater than 15) shall be located in
the establishment and be accessible to clients. All plumbing shall meet the
requirements of the Arkansas Plumbing Code. The plumbing fixtures and toilet
room shall be maintained in a sanitary manner and in good repair.
7.12.4. Adequate hand washing soap and single
service paper towels or mechanical means for hand drying shall be provided in
7.12.5. Living or
sleeping quarters located on the premises of a body art facility shall be
separated from rooms and areas used for body art facility operations by
complete partitioning and solid, self-closing doors.
The establishment shall have a
decontamination area for the processing and sterilizing of dirty instruments,
in which the placement of the sterilizer is at least thirty-six (36) inches
from any sink or processing equipment.
184.108.40.206. Body art establishments which use
all prepackaged, pre-sterilized, single use instruments are not required to
provide a decontamination area.
Decontamination areas within a body art
7.13.1. Be physically
separated from the waiting area, restroom and the workroom;
7.13.2. Be equipped with a sink that has
tempered running water, liquid soap, and single-use paper towels dispensed from
a wall-mounted dispenser that is readily accessible to the
7.13.3. Be equipped
with a lined, hands free, covered waste container;
7.13.4. Be labeled in a conspicuous manner as
Employees Only and set up to avoid clients or the public from
7.13.5. Provide physical
separation of areas within the room to designate the difference between dirty
and clean instruments.
7.14. The establishment shall have a period
of twenty-four (24) months from the adoption of these Rules by the Department
to comply with all rules, which requires construction and/or remodeling of the
CRITICAL ITEMS FOR CLOSURE
8.1. Any body art establishment which is
found to be in violation of any critical item(s) shall be subject to immediate
closure by the Department, pending a hearing before the State Board of Health
in accordance with Ark. Code Ann. § 25-15-211.
8.2. The establishment shall remain closed
until all issued fines and/or penalties have been paid and it is found no
longer in violation of any critical item(s) upon inspection by the
8.3.1. Performing a body art
procedure on a person who is obviously inebriated or appears to be
incapacitated by the use of alcohol or drugs;
8.3.2. Performing a body art procedure on a
person who shows signs of recent intravenous drug use;
8.3.3. Performing a body art procedure on an
area of a person's body with sunburn, open lesions, rashes, or
8.3.4. Performing a body
art procedure with the use of a product or ink that is banned or restricted by
the United States Food and Drug Administration;
8.3.5. Performing a body art procedure in an
area that is not physically and permanently separated from beauty facilities,
such as hair and nail services;
8.3.6. Performing a body art procedure on an
animal in a facility licensed for the application of body art on human
8.3.7. Using a piercing gun
to pierce any parts of a person's body other than an earlobe;
8.3.8. Performing a piercing with a manually
loaded spring-operated piercing device;
8.3.9. Piercing an earlobe with a piercing
gun that does not use a pre-sterilized encapsulated stud and clasp
8.3.10. Using jewelry for
an initial piercing that is not certified by ASTM International or the
International Organization for Standardization, or both, as an implant-grade
material, except for specified types of glass, gold and niobium as approved by
8.3.11. Failure to
maintain on file for inspection a Mill Test Certificate confirming
certification by ASTM International or the International Organization for
Standardization, or both, for steel and titanium jewelry for initial
8.3.12. Selling a body
piercing needle, tattoo needle, or body art instrument, or a combination of
these, including without limitation tattoo ink, barrel, grip and a tattoo
machine to a person within this state who is not licensed as an artist by the
action that constitutes a danger to the public's health, safety or welfare may
result in emergency suspension of the artist or establishment license, upon
factual finding by the Department in accordance with Ark. Code Ann. §
supply. The water supply shall be adequate, of a safe, sanitary quality and
meet the current requirements of the Department's Rules Pertaining to Public
water carried sewage shall be disposed of by means of:
9.2.1. A public sewerage system; or
9.2.2. An approved onsite wastewater system,
which is constructed and operated in conformance with the standards established
by the Arkansas State Board of Health.
Record Keeping. The operator shall
maintain proper records on each client. These records shall be entered in ink
in a bound book kept solely for this purpose. This book shall be available for
examination by the Department upon request. A digital record keeping system may
be used if it provides all required information and has an adequate method of
backing up the data. The records shall be preserved for at least two (2) years
from the date of the last entry. The records shall contain the following
10.1.1. The date the procedure
10.1.2. The name,
address, and date of birth of the client.
10.1.3. The branch of service, rate, or rank
of the client if in the armed services.
10.1.4. The design and location of body art
10.1.5. The name
and license number of the artist.
10.1.6. The signature and printed legal name
of the client.
10.1.7. A Photocopy
of a valid government-issued photo identification for each client. For minors
or incapacitated adults under legal guardianship, a photocopy of a valid photo
identification of legal guardian and proof of guardianship, as required in
10.1.8. Each form of
body art provided by the establishment shall have its own bound book, separate
from records for all other forms of body art.
10.1.9. In the event of a change of ownership
or closing of the establishment, all records shall be made available to the
Department upon request.
Due diligence shall be demonstrated in the effort to keep all records private
from the public and other clients.
10.2. The operator shall maintain on site a
record of Materials Safety Data Sheets (MSDS) for all disinfectants, surface
cleaners, skin cleansers, skin preparations, and/or chemicals used within the
establishment for cleaning, disinfecting, or serving clients.
Documentation and Consent Required for
Minors and Incapacitated Adults Under Legal Guardianship. The consent shall be
on forms approved by the Department and shall be presented to the operator by
the parent or legal guardian.
artist shall not perform body art on a person under eighteen (18) years of age,
10.3.1.1. Given a consent form with
the signature and printed legal name of the parent or legal guardian;
10.3.1.2. The parent or legal guardian is
present during the procedure;
10.3.1.3. The person to undergo body art and
the parent or legal guardian each provide a valid government-issued form of
photo identification that includes a name, date of birth, and photo;
10.3.1.4. The parent or legal
guardian presents proof of guardianship that matches the identification given,
including without limitation a birth certificate or a court or state record for
adoption, legal guardianship, emancipation, or a marriage license.
An artist shall not
perform body art on a person under sixteen (16) years of age, regardless of
parental consent, except:
authorized or prescribed by a physician's statement exclusively for
piercing the earlobe.
Except when authorized or prescribed
by a physician's statement exclusively for repigmentation, an artist shall not
perform on a person under eighteen (18) years of age regardless of parental
10.3.3.1. Body art on the nipple or
person who performs body art on a person under eighteen (18) years of age,
except as provided in Sections 10.3.1-10.3.3., shall be guilty of a Class A
10.3.5. Any person who
falsely claims to be the minor's parent or legal guardian for the purpose of
obtaining body art for a person under eighteen (18) years of age shall be
guilty of a Class D felony.
Client Information. Before performing a
body art procedure, an artist must:
Have a discussion of the risks involved and possible complications with the
client. The client must be advised that certain procedures should be considered
permanent and can be removed only by a surgical procedure and any effective
removal may leave permanent scarring.
10.4.2. A written cautionary notice to that
effect shall be furnished to and signed by the client and retained on file at
After the procedure is complete, oral and written (printed or photocopied)
instructions, approved by the Department, on the care of the skin where body
art was applied in order to prevent infection, shall be given to each client. A
copy of these instructions shall also be posted in a conspicuous place in the
10.6. Patch Test for
Sensitivity. A patch test shall be administered upon request of the client or
prior to any permanent cosmetic procedure.
10.7. Suspected Infections to be Reported.
All infections suspected from performing a body art procedure, which become
known to the artist/operator, shall be reported to the Department within one
(1) business day and the infected client shall be referred to a
RESTRICTIONS CONCERNING BODY ART PROCEDURES
Body art procedures shall be prohibited under the following
11.1. No body art
procedure shall be done on the person of anyone having a history of jaundice or
similar disease and each client shall be questioned.
11.2. No body art procedure shall be done on
the person of any individual who is obviously under the influence of drugs or
11.3. No body
art procedure shall be done on a person suffering from any visible rash, skin
lesion or any skin disease or possible communicable disease. The skin surface
shall be free from rash, pimples, infection or recent scar tissue before body
art is applied.
11.4. No person
inflicted with an infectious or communicable disease, which may be transmitted
during the performance of any body art procedure, or afflicted with an
infestation of animal parasites shall be permitted to work or train in a body
art establishment. The Department may require a certificate signed by a duly
licensed physician stating the person is free from communicable diseases before
permission to resume operation is granted.
11.5. No existing tattoo or permanent
cosmetic shall be abraded or treated with chemicals for the purpose of removing
except by a licensed physician. This section does not intend to prohibit the
cover up of existing tattoos with additional body art design pattern or
application of permanent cosmetics.
11.6. No smoking in an establishment at any
time in accordance with the Arkansas Clean Indoor Air Act
11.7. No pigment disapproved by the Food and
Drug Administration shall be used for permanent cosmetics or tattooing.
Ingredients contained in the pigments and Material Safety Data Sheets must be
provided by the manufacturer to the Department upon request.
11.8. The use of a straight razor is
prohibited. Only single service disposable razors shall be used for shaving
11.9. No person shall
allow or perform the tattooing of animals in an establishment licensed and used
for performing body art procedures on human beings.
11.10. An artist licensed by the Department
shall not perform or attempt to perform the insertion of a subdermal
11.11. An artist may us
only nonprescription strength topical anesthetics, ointments, or other
medications prior to, during, or after any phase of body art
11.12. An artist shall
not use chemical or other means to intensify the results of a scarification
artist shall wear a clean outer garment.
12.2. Before each procedure, the artist shall
clean his/her fingernails with his/her individual nail file and shall
thoroughly wash and scrub his/her hands with tempered running water, an
approved soap and his/her individual hand brush. He/she shall not allow his/her
hands to dry without the use of a single service use paper towel or approved
12.3. A new pair
of medical disposable gloves shall be used by the artist for each client and
shall be disposed of immediately upon removal.
12.4. The area of the client's skin to which
body art is to be applied shall be prepared by washing with distilled water and
approved germicidal soap. When it is necessary to shave the area, single
service disposable razors shall be used. Following shaving, the skin must be
gently scrubbed with 70% isopropyl alcohol or other approved germicidal
solution, using a sterile gauze pad or paper towel, which shall be used only on
one client and then discarded.
12.5. Following the cleaning and the shaving
of the client's skin, the artist shall again wash and scrub his/her hands as
required in Section 12.2 and put on a new pair of medical disposable
12.6. During any phase of
the procedure, should the artist be interrupted for other duties, i.e.,
answering the phone, etc., the artist shall wash his/her hands as required in
Section 12.2. before resuming the procedure. A new pair of medical disposable
gloves shall be used.
acetate stencils are used for transferring the design to the skin, stencils
shall be thoroughly cleaned and rinsed in an approved germicidal solution
according to manufacturer's instructions and then they shall be dried with a
sterile gauze pad or air-dried before each use.
12.8. When the design is transferred during
hectograph and tracing paper or duplicating carbon methods, the paper or
duplicating master shall not be reused on another client.
12.9. In preparing nontoxic dyes or pigments,
only nontoxic or sterile material shall be used. Single service or individual
portions of pigments in clean sterilized containers or single service
containers shall be used for each client. Upon completion, the remaining unused
pigments shall be discarded. Any pigment in which the needles were dipped shall
not be reused during new or follow-up procedures. Where pigment mixing is
necessary to achieve the correct color and follow-up touch-ups may be required
(permanent cosmetics), the original container of mixed pigment may be
12.10 Excess pigment shall be
removed from the skin with a sterile gauze pad or paper towel, which shall be
used only on one client and then discarded.
12.11. After a completed body art procedure,
with the exception of piercings, the area of skin worked on, shall be cleaned
with a piece of single use sterile material saturated with an approved
germicidal solution. It shall be allowed to dry. After drying, ointment may be
applied to body art from a collapsible metal or plastic tube or single use
packet or portion and where feasible the entire area covered with a piece of an
approved, nonstick bandage. The ointment may be spread by the use of sterile
gauze, sterile tongue depressors, or gloved fingers.
12.12. The area of permanent cosmetic
application shall be washed and where feasible, ointment or petroleum jelly
shall be applied.
surfaces, work tables and client chairs must be disinfected with EPA approved
surface disinfectant as defined in Section 3 of these Rules before each new
client is seated.
A set of individual wrapped sterilized needles shall be used by the artist for
each new client. An adequate number of sterilized needles and tubes or tips per
tattoo or permanent cosmetic artist must be on hand for the entire day or night
13.2. All instruments
that come in direct contact with a client's skin or are exposed to blood or
bodily fluid shall be sterilized prior to reuse. Body piercing establishments
are required to sterilize initial piercing jewelry.
13.3. All needles shall be single use and
13.4. New medical
disposable gloves shall be worn during any sterilization procedure.
Approved modes of sterilization
13.5.1. Use of a steam, pulse
pressure, or vacuum autoclave sterilizer, which is used, cleaned and maintained
according to the manufacturer's directions; or
13.5.2. Single-use prepackaged sterilized
instruments obtained from suppliers or manufacturers.
Sterilization shall be conducted as
Prior to sterilizing,
instruments shall be submerged and brushed or swabbed to remove foreign
material and rinsed. Instruments shall then be immersed in enzymatic cleanser
and water using an ultrasonic unit that operates at 40 to 60 kilohertz,
followed by a thorough rinsing and drying;
220.127.116.11. Non-disposable tubes for tattooing
shall be disassembled prior to beginning the cleaning process and remain this
way throughout the sterilization process.
18.104.22.168. Enzymatic cleanser used in the
ultrasonic unit shall be designed for such use and used in accordance with the
22.214.171.124. The exception to this cleaning
process may be the use of an instrument washer, which is specifically designed
to replace the manual cleaning and ultrasonic processing of contaminated
chemical indicator shall be used to assure sufficient temperature and steam
penetration and proper functioning of equipment each time the sterilizer is
13.7. A monthly
sterilization cycle shall be completed with use of a biological monitoring
system (commercial preparation of spores) to assure all microorganisms have
been destroyed and sterilization achieved.
13.8. Approved closed cabinets for the
storage of instruments, dyes, pigments and other paraphernalia used in the
establishment shall be provided. All needles and instruments shall be handled
in such a manner as to prevent recontamination.
13.9. Packaged, sterilized supplies which
have been processed in-house shall be stored and used for no more than one (1)
year from the date of processing. Supplies purchased packaged and
pre-sterilized from manufacturers shall be stored and used until the expiration
date provided by the manufacturer. The integrity of each package shall be
inspected prior to use.
Tattoo and permanent cosmetic machines shall be cleaned and sanitized with an
approved germicidal before each use.
13.11. Body art establishments that utilize
all prepackaged sterilized needles and tubes and other equipment that contacts
a client during any body art procedure shall not be required to provide an
autoclave at the establishment.
STANDARDS FOR SERVING
Body Piercing Standards
14.1.1. Initial jewelry for body piercing
shall meet ASTM or ISO standards.
14.1.2. The jewelry must be able to withstand
the heat and pressure of autoclave sterilization.
14.1.3. All surfaces and ends must be smooth,
free of nicks, scratches, burrs, polishing compounds and metals must have a
consistent mirror finish.
An artist shall maintain on file for inspection a "Mill Test Certificate"
confirming certification by ASTM International or the International
Organization for Standardization, both for steel and titanium jewelry for
initial piercing. The documentation shall accompany each initial piercing
14.1.5. Use of
personal client jewelry or any apparatus or device presented by the client to
be worn within an initial piercing is prohibited.
14.1.6. Any jewelry used for the procedure
must be properly sterilized prior to use and handled in a manner to maintain
sterility until use.
product shall be used in or on a fresh body piercing that warns against such
use. Nor shall these products be used against manufacturer warnings in the
aftercare or healing of the piercing.
14.1.8. Any marking instrument shall be
single use and disposable.
Tattoo and Permanent Cosmetic Standards
14.2.1. All inks, dyes and pigments must be
produced by a commercial manufacturer and accepted for use by the Department by
providing Material Safety Data Sheets and/or ingredient information.
14.2.2. Any needle shall be single use only
and sterilized prior to use.
14.2.3. All products used for the procedure
such as skin cleansers, etc. shall be used in accordance with the
14.2.4. Any non-tattooing marking instrument
shall be single use only and disposed of after use.
14.2.5. After the procedure is complete, the
tattoo or permanent cosmetic shall be cleaned and, where feasible, an ointment
and a nonstick bandage applied.
14.2.6. All tubes, barrels, tips, or hand
tools used for permanent cosmetics shall be single use and disposable or
stainless steel tubes, which may be sterilized onsite in accordance with these
14.3.1. Any metal or other
instrument used in a branding procedure which comes in direct contact with the
client's skin shall be single use or capable of being properly
14.3.2. All products
used for the procedure such as skin cleansers, preps, or ointments shall be
used in accordance with the manufacturer's instructions.
14.3.3. Any marking instrument or stencil
shall be single use only and disposed of after use.
14.3.4. The artist, the client and any
assistants or other individuals in the procedure room shall wear adequate
personal protection equipment throughout the procedure.
14.3.5. The procedure area for branding shall
be an enclosed room with adequate ventilation.
14.3.6. Metal used in strike branding
procedures shall be made of non-galvanized steel.
14.4.1. Scarification procedures shall be
performed in a dedicated enclosed workroom that is used for no other purpose at
14.4.2. Adequate surface
barriers shall be used to prevent contamination on all work surfaces and shall
be replaced after each procedure.
14.4.3. Both oral and written aftercare shall
be given to the client prior to beginning any scarification
14.4.4. All marking
instruments and stencils shall be single use and disposable.
14.4.5. A scarification artist shall wear
disposable eye and respiratory protection as well as an adequate hair restraint
at all times while performing the scarification procedure.
14.4.6. All scarification instruments shall
be individually prepackaged and pre-sterilized by the manufacturer and handled
in a manner to avoid compromising sterility.
14.4.7. A scarification artist shall wear
sterile individually prepackaged gloves during the scarification procedure. A
new pair of sterile gloves shall be worn for each scarification procedure. If
the scarification artists must stop the procedure to conduct other tasks, the
artist must wash his or her hands according to Section 12.2 and put on a new
pair of sterile gloves.
client's skin must be thoroughly cleaned with soap and water, rinsed and
swabbed with an antiseptic solution prior to a scarification
14.4.9. If the area in
which the procedure is to be performed requires shaving, it shall be done with
a single use, disposable razor.
14.4.10. After the procedure is complete, the
area shall be washed and a nonstick bandage applied.
14.4.11. All scarification implements used to
break or cut the skin shall be regarded as sharps and must be single use and
disposed of in compliance with the Rules Pertaining to The Management of
Medical Waste from Generators and Health Care Related Facilities.
14.4.12. Surface barriers used during
scarification procedures shall be considered medical waste and disposed of
accordingly after each procedure.
TEMPORARY OR MOBILE
15.1. No person shall
be licensed to perform body art in any temporary place of business, such as
carnivals, mass gatherings, or similar public gatherings of a temporary nature
without an approved mobile facility or without meeting the requirements for a
temporary demonstration license.
Mobile units shall meet all the
requirements of these Rules with the following additional requirements:
15.2.1. Liquid waste shall be stored in a
permanently installed retention tank that is at least 15 percent larger
capacity than the water tank. Liquid waste shall not be discharged from the
tank when the mobile unit is in motion. All liquid waste shall be discharged to
an approved sanitary sewage disposal system and the Department shall be
provided a letter of approval for all discharges upon request.
15.2.2. A potable water system under pressure
shall be provided. Enough potable water shall be available in the unit for
cleaning and for hand washing. A heating facility capable of producing enough
tempered water for these purposes shall be provided on the unit. The water
inlet shall be provided with a transition connection of a size or type that
will prevent its use for other service. The water inlet shall be coated so that
it will not be contaminated by waste discharge, road dust, oil, or grease and
it shall be kept capped unless being filled.
15.3. The Department may impose additional
requirements to protect against health hazards related to a mobile permanent
cosmetic or tattoo unit.
TEMPORARY DEMONSTRATION LICENSE
The Department may issue a temporary
demonstration license to an artist, establishment, or a supplier of materials
for body art for:
purposes where body art is performed;
16.1.2. Trade shows where body art is
of body art products or procedures; and
16.1.4. An appearance as a guest
temporary demonstration license shall be valid for no more than fourteen (14)
consecutive calendar days.
The sponsor of a body art event for educational purposes, trade shows and/or
demonstrations of body art procedures where body art is performed shall obtain
all necessary permits to conduct business in the jurisdiction where the event
will be held, including, but not limited to, valid permits issued by the
16.4 The Department
shall collect a non-refundable sponsor fee of fifty dollars ($50) per artist
that shall perform body art at the event, not to exceed two thousand dollars
($2000) per event. In addition to the penalties available pursuant to Ark. Code
Ann. § 20-27-1502, a sponsor who violates this subdivision shall be
subject to closure of the temporary body art event and a penalty not to exceed
three times the cost of the permit.
The Department shall levy and collect a
non-refundable fee of fifty dollars ($50) from a guest artist for a temporary
16.5.1. An application
for a temporary demonstration license shall be submitted to the Department not
less than forty-five (45) days prior to the event for educational purposes,
trade show, or demonstration of body art products and procedures where body art
application for a temporary demonstration license shall be submitted to the
Department not less than seven (7) days prior to the appearance of a guest
shall provide evidence of completion of a blood borne pathogens training which
meets the requirements of the Occupational Safety and Health Administration
with the application.
16.6.1. A person
applying for a temporary demonstration license to appear as a guest artist
shall provide documentation of licensure as an artist in another state or
country or employment history with proof of employment in a body art facility
licensed by the regulatory board or agency in that state or country before the
temporary demonstration license may be granted.
16.6.2. The establishment where the guest
artist is appearing shall have a licensed body artist on its staff.
16.6.3. A guest artist may be issued a
temporary demonstration license to appear as a guest artist in the state of
Arkansas no more than one (1) time every three (3) months.
DISPOSAL OF INFECTIOUS WASTE
Treatment and disposal of infectious waste including sharps
shall conform to Act 96 of 1913 as amended and Act 41 of 1992 and the Rules
Pertaining to Management of Medical Waste from Generators and Health Care
SUBMISSION OF PLANS
Before any body art establishment is constructed or an existing
structure is converted to use as a body art establishment, plans shall be
submitted to the Department for review and approval. The plans and
specifications shall include the workroom layout, plumbing plans, construction
materials and the type and model of proposed equipment. No body art
establishment shall be constructed, remodeled, or converted except in
accordance with approved plans.
The business premises, equipment, procedures, techniques and
conditions of body art establishments shall be subject to at least one (1)
inspection by the Department per year.
ACCESS TO ESTABLISHMENT;
CLOSURE FOR VIOLATION; SUSPENSION OR REVOCATION OF ARTIST OR ESTABLISHMENT
20.1. The Department at all
reasonable times shall have access to and is hereby empowered to enter any and
all parts of the premises of any body art establishment for the purpose of
making inspections to determine compliance with these rules. The Department
shall also be permitted access to all required records.
20.2. If it is determined upon inspection
that any body art establishment is being maintained contrary to the provisions
of these rules and such violation poses an imminent threat to public health,
safety or welfare, such establishment shall be closed until provision is made
to comply with the rules and permission is given by the Department to reopen or
it is determined, in a fair hearing under the Arkansas Administrative
Procedures Act, that the facility should be reopened.
20.3. After written notice, the Department
may suspend or revoke any artist or establishment license issued in accordance
with these Rules for violation of the provisions of these Rules. The artist or
operator may appeal such suspension or revocation as provided for by the
Arkansas Administrative Procedures Act, Ark. Code Ann. § 25-15-201 et
All body art establishments shall comply with all appropriate
state laws, rules, including but not limited to the following:
21.1. Arkansas Department of Health Rules
Pertaining to General Sanitation.
21.2. Act 402 of 1977, as amended, and the
Rules Pertaining to Onsite Wastewater Systems.
21.3. Arkansas Department of Health Rules
Pertaining to Public Water Systems.
21.4. Arkansas Plumbing Code.
21.5. The Rules Pertaining to Management of
Medical Waste from Generators and Health Care Related Facilities.
21.6. The Rules Pertaining to the Control of
Arkansas Gas Codes.
Arkansas Mechanical Code.
Every firm, person, or corporation violating any of the provisions of these
Rules shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than one thousand dollars ($1000) nor more
than five thousand dollars ($5000) or by imprisonment not exceeding one month,
or both. Each day of violation shall constitute a separate offense (Ark. Code
Ann. § 20-27-1512.).
Additional civil penalties and fines shall be enforced in accordance with Ark.
Code Ann. § 20-58-12, Ark. Code Ann. § 20-7-101 and Ark. Code Ann.
§ 20-27-1501 et. seq.
Any penalty will be in addition to other remedies available to the Department,
including suspension or revocation of license and civil penalties.
If any provision of these Rules or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of these Rules which can give effect without
the invalid provisions or applications, and to this end, the provisions hereto
are declared severable.
All rules and parts of rules in conflict herewith are hereby
This will certify that the foregoing Rules for Body Art
Establishments were adopted by the Arkansas Board of Health on the 1st day of