Licensure, regulation, and inspection for health hazards.
Ark. Code Ann. § 17-26-703
in effect(a)(1) An artist who performs permanent cosmetics or semipermanent cosmetics shall be licensed by the Department of Health.
(2) An establishment where artists who perform permanent cosmetics or semipermanent cosmetics shall be licensed by the department.
(3) An institution shall be licensed by the department as an establishment.
(4) An artist from a state other than Arkansas or a country outside of the United States who holds a license from the permanent cosmetics and semipermanent cosmetics regulatory board or agency in that state or country may submit an application for qualifications review by the department to determine eligibility for a permanent cosmetics and semipermanent cosmetics license based upon criteria established by the department.
(5) The business premises, equipment, procedures, techniques, and conditions of those businesses shall be subject to at least one (1) inspection by the department.
(b)(1) The department may adopt appropriate rules regarding the artists, premises, equipment, procedures, techniques, and conditions of establishments which perform procedures subject to this subchapter to assure that the premises, equipment, procedures, techniques, and conditions are aseptic and do not constitute a health hazard.
(2) Any rule affecting establishments in effect on January 1, 2021, shall remain in effect until the department adopts rules under this subchapter.
(c) Applicants for a license shall file applications upon forms prescribed by the department.
(d) A license shall be issued only for the premises and persons in the application and shall not be transferable.
(e)(1) The department shall levy and collect an annual fee of:
(A) One hundred fifty dollars ($150) per facility for issuance of a license to an establishment; and
(B) One hundred dollars ($100) per artist for issuance of a license to an artist.
(2)(A) The department shall collect a one-time fee of five hundred dollars ($500) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department.
(B) The fee for written and practical exams under § 17-26-707 is not required for an applicant under subdivision (e)(2)(A) of this section for exams taken to complete requirements established by the department.
(C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a license for an artist shall be issued to an applicant under subdivision (e)(2)(A) of this section.
(D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section.
(3) The annual fee for an artist or for an establishment shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year.
(4) If the annual fee for an 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.
(5)(A) If the annual fee for an artist has not been paid by March 1 of the calendar year, the artist shall have his or her license suspended for ninety (90) days.
(B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension:
(i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees;
(ii) Complete a written exam with the department and a practical exam in the establishment in which the artist is licensed; and
(iii) Meet current requirements established by the department for artists.
(C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review.
(6) In addition to the penalty provisions found in this subsection, any owner of an establishment or institution operating without a current license commits a Class D felony.
(f) An artist shall complete not less than eight (8) clock hours of continuing education at an institution licensed by the board in order to renew his or her license each year.
(g) All fees levied and collected under this subchapter are declared to be special revenues and shall be deposited into the State Treasury, and be used exclusively for permanent cosmetics and semipermanent cosmetics.
(h) Subject to any rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds that pertain to fees collected under this subchapter, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=900.pdf&ddBienniumSession=2021%2F2021RFetched: 11/8/2026