Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 04 - Environmental Health Services › Rule 007.04.19-005 - Rules Pertaining to Body Art Establishments

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
AUTHORITY
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.
				§ 20-7-109.
SECTION 2.
PURPOSE
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
				establishments.
SECTION 3.
DEFINITIONS
For the purposes of these Rules, the following words and
				phrases when used herein shall be construed as follows:
3.1.
APP.
The Alliance of
			 Professional Piercers.
3.2.
APT.
The Alliance of Professional Tattooists.
3.3.
Artist.
Any person, other
			 than a licensed physician, who performs body art on a human.
3.4.
Artist in Training.
A
			 person who:
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
			 independently.
3.5.
Artist Trainer.
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
3.5.4.
			 Is a registered instructor for the specified field of body art with the State
			 Board of Private Career Education.
3.6.
Aseptic Technique.
The
			 practice which prevents or hinders the transmission of disease-producing
			 microorganisms from one person or place to another person or place.
3.7.
ASTM.
The American Society
			 for Testing and Materials.
3.8.
Body Art.
Procedures that include:
3.8.1. Body Piercing;
3.8.2. Branding;
3.8.3. Permanent Cosmetics;
3.8.4. Tattooing; and
3.8.5. Scarification.
3.9.
Body Piercing and Body Piercing
			 Procedure.
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.
3.10.
Branding.
A permanent mark
			 made on human tissue by burning with a hot iron or other instrument.
3.11.
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
			 hazards.
3.12.
Decontamination Area.
An area designated for the decontamination
			 and processing of dirty instruments.
3.13.
Department.
The Arkansas
			 Department of Health or its authorized agent.
3.14.
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.
3.15.
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
			 manufacturer.
3.16.
Establishment.
Any place or facility where body art is performed
			 and that has a body artist licensed in Arkansas on staff.
3.17.
Germicidal Solution.
A
			 substance for use in the destruction of pathogenic microorganisms as indicated
			 on the label.
3.18.
Guest
			 Artist.
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
3.18.2. If an
			 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
			 education including:
3.18.2.1. Proof of
			 blood-borne pathogen certification; and
3.18.2.2. Proof of employment in a licensed
			 body art facility for at least two (2) years.
3.19.
Instrument.
Equipment used
			 during body art procedures, including without limitation:
3.19.1. Forceps;
3.19.2. Hemostats;
3.19.3. Needles;
3.19.4. Permanent cosmetic needles and
			 tips;
3.19.5. Receiving tubes;
			 and
3.19.6. Tattoo barrels and
			 tubes.
3.20.
ISO.
The International Organization for Standardization.
3.21.
Operator.
Any person who
			 owns, controls, operates, conducts or manages any permanent cosmetic or tattoo
			 establishment, whether actually performing the work of tattooing or
			 not.
3.22.
Permanent
			 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
3.22.2. Any
			 part of the body for scar coverage or other corrective purposes.
3.23.
Procedure(s).
The act of applying body art.
3.24.
Repigmentation.
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
3.24.4.
			 Blotchy pigmentation.
3.25.
Scarification.
Injury of
			 the skin involving scratching, etching, or cutting of designs to produce a scar
			 on a human being for ornamentation or decoration.
3.26.
Scarification Implement.
Any instrument which intentionally alters human skin for the purpose of
			 scarification.
3.27.
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
			 accordingly.
3.28.
Single
			 Service.
Articles intended for one-time, one-person use and then
			 discarded.
3.29.
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
			 booth.
3.30.
Subdermal
			 Implanting.
The insertion of an object under the skin of a live human
			 being for ornamentation or decoration.
3.31.
Tattooing and Tattoo
			 Procedure.
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.
3.31.1. Tattooing and
			 Tattoo Procedure do not include permanent cosmetics.
3.32.
Tempered Water.
Water
			 having a temperature range between 85°F (29°C) and 110°F
			 (43°C).
3.33.
Vendor.
A person who supplies body art materials, including body
			 art instruments, at a temporary demonstration where body art is
			 performed.