2010 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 27 - Miscellaneous Health and Safety Provisions
Subchapter 15 - Body Piercing, Branding, and Tattooing
§ 20-27-1503 - Department of Health and Human Services to license, regulate, and inspect for health hazards.

20-27-1503. Department of Health and Human Services to license, regulate, and inspect for health hazards.

(a) (1) Body art establishments which and artists who perform body art shall be licensed by the Department of Health.

(2) The business premises, equipment, procedures, techniques, and conditions of those businesses shall be subject to periodic 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 body art establishments in effect on August 13, 2001, shall remain in effect until the State Board of Health adopts rules pursuant to 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) (A) 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.

(B) 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.

(2) The annual fee 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.

(3) 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.

(4) (A) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist shall have his or her license revoked.

(B) If an artist has his or her license revoked, he or she shall be retested and complete a new residency as an artist in training under a licensed artist before a license may be reissued.

(5) In addition to the penalty provisions found in this subsection, any studio or business owner operating without a current license is subject to the penalties and fines allowed by 20-7-101.

(f) All fees levied and collected under this subchapter are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively for the Tattoo and Piercing Program of the department.

(g) 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 relative to the health facility services that pertain to fees collected, 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.