§ 17-26-601 — Definitions

As used in this subchapter: (1) "Artist" means any person other than a licensed physician who performs body art on a human and is licensed in this state; (2) "Artist instructor" means an artist who: (A) 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; (B) 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; (C) Has completed the course required under § 17-26-606 ; (D) Is a registered instructor for the specified field of body art with the department; (E) Has completed a course in safety and sanitation guidelines and requirements by the department; (F) Shall not exceed a ratio of one (1) instructor to eight (8) students per instruction hour; (G) Is at least twenty-one (21) years of age; and (H) Has completed two hundred and fifty (250) instructional hours from a state approved instructor program if the artist instructor is a permanent cosmetics artist instructor; (3) "Body art" means procedures that include: (A) Tattooing; (B) Permanent cosmetics; (C) Body piercing; (D) Branding; or (E) Scarification; (4) (A) "Body piercing" and "body piercing procedure" mean 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. (B) "Body piercing" or "body piercing procedure" shall not include piercing an earlobe with a presterilized, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe; (5) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument; (6) "Critical item" means an aspect of operation or condition of a facility or equipment that constitutes the greatest hazard to health and safety, including imminent health hazards; (7) "Establishment" means any place or facility: (A) Where body art is performed; and (B) That has a body artist licensed in Arkansas on staff; (8) "Guest artist" means an artist from a state other than Arkansas or a country other than the United States who: (A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or (B) If an artist license is not available in the guest artist's state or country, can submit to the department evidence of professional experience, employment, and education including: (i) Proof of blood-borne pathogen certification; and (ii) Proof of employment in a licensed body art facility for at least two (2) years; (9) "Host" means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, tradeshow, or other temporary event that includes a body art demonstration booth; (10) "Institution" means an establishment that is licensed by the department to offer postsecondary education to student artists in training through artist instructors in the field of body art; (11) "Instrument" means equipment used during body art, including without limitation: (A) Forceps; (B) Hemostats; (C) Needles; (D) Receiving tubes; and (E) Tattoo barrels and tubes; (12) (A) "Permanent cosmetics" means the application of pigment placed in the skin by a needle or other instrument to beautify the body, including without limitation for the purposes of: (i) Scar camouflaging; (ii) Scalp micropigmentation; (iii) Pigment lightening; (iv) Applying permanent eyebrows, including without limitation: (a) Microblading; and (b) Manual methods; (v) Applying permanent eyeliner; (vi) Applying permanent lip liner or lip color; and (vii) Applying three-dimensional nipples and areola. (B) "Permanent cosmetics" does not include tattooing or a tattooing procedure; (13) "Scarification" means injury of the skin involving scratching, etching, or cutting of designs to produce a scar on a human being for ornamentation or decoration; (14) "Sponsor" means 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 booth; (15) "Student artist" means a person who: (A) Is in training under the supervision of an artist instructor; and (B) Shall not perform body art without the supervision of an artist instructor; (16) "Subdermal implanting" means the insertion of an object under the skin of a live human being for ornamentation or decoration; and (17) (A) "Tattooing" and "tattoo procedure" mean 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 other instruments. (B) "Tattooing" and "tattoo procedure" do not include permanent cosmetics. This section was enacted as §17-25-601, but was codified as §17-26-601 to reflect the apparent intent of the legislature.

Legislative History

Amended by Act 2023, No. 688,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 4, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.