Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 2 - NONMEDICAL PROFESSIONS (§§ 17-10-101 — 17-56-202) › Chapter 26 - COSMETOLOGY AND RELATED OCCUPATIONS (§§ 17-26-101 — 17-26-713) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-26-101 — 17-26-105) › Section 17-26-105 - Grounds for disciplinary action

The grounds for disciplinary action are as follows:
(1)
Failure of a person, firm, or corporation operating a cosmetological establishment or school of cosmetology or engaged in the practice of cosmetology or any of its branches to comply with the requirements of this chapter and the rules of the Cosmetology Technical Advisory Committee;
(2)
Failure to comply with the rules governing health and safety adopted by the committee and approved by the State Board of Health for the regulation of cosmetological establishments, schools of cosmetology, or the practice of the occupation of cosmetician or cosmetologist;
(3)
Obtaining practice in cosmetology or any branch thereof or money or any other thing of value by fraudulent misrepresentation;
(4)
Gross malpractice;
(5)
Continued practice by a person knowingly having an infectious or contagious disease;
(6)
Habitual drunkenness or habitual addiction to the use of morphine or any habit-forming drug;
(7)
Advertisement by means of knowingly false or deceptive statements;
(8)
Permitting a certificate of registration or license to be used when the holder is not personally, actively, and continuously engaged in business;
(9)
Failure to display the license;
(10)
Conviction under the laws of the United States or any state or territory of the United States of a crime that is:
(A)
A felony listed under §
17-3-102
, as evidenced by a certified copy of a court record or by license application; or
(B)
A misdemeanor involving dishonesty or is in any way related to the practice or teaching of the cosmetology industry,
unless the applicant or licensee can demonstrate to the board's satisfaction that the applicant or licensee has been sufficiently rehabilitated to warrant the public trust;
(11)
Engaging, outside of a licensed school of cosmetology or cosmetological establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when such a service is necessary because of the illness or other physical incapacity of the person with respect to whom it is performed, it may be performed by a licensee obtained for the purpose from a licensed cosmetological establishment;
(12)
Failure to wear clean outer garments, as prescribed by the committee, to allow the safe and hygienic practice of cosmetology or any branch thereof;
(13)
Any other unfair or unjust practice, method, or dealing that the committee finds may justify such an action or failure to follow guidelines concerning the use of chemicals or equipment as established by rule of the committee; or
(14)
Fraud or deception in procuring a license.
Amended by Act 2019, No. 315,§ 1385, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 29, eff. 7/24/2019.
Acts 1955, No. 358, Art. 11, § 3; A.S.A. 1947, § 71-873; Acts 2003, No. 595, § 1; 2007, No. 223, § 4.