2019 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
§ 20-27-1502. Unlawful to Perform Body Art on Person Under Eighteen Years of Age - Documentation and Consent
(a)
(1) A person under eighteen (18) years of age shall not undergo body art unless:
(A) Written consent is given by the person's parent or legal guardian;
(B) The parent or legal guardian is present during the procedure;
(C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of identification that includes a name, date of birth, and photo; and
(D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a birth certificate or a court or state record for adoption, legal guardianship, emancipation, or a marriage license.
(2) The artist shall retain for at least two (2) years a copy of a photo identification and a proof of guardianship presented under subdivision (a)(1) of this section.
(b) A person shall not perform body art on a person under sixteen (16) years of age, regardless of parental consent, except:
(1) When authorized or prescribed by a physician's statement exclusively for repigmentation; or
(2) When piercing the earlobe.
(c) It is unlawful to perform body art on the nipple or genitalia of a person under eighteen (18) years of age regardless of parental consent, except when authorized or prescribed by a physician's statement exclusively for repigmentation.
(d) It is unlawful to perform branding on a person under eighteen (18) years of age regardless of parental consent.
(e) Regardless of age, the person receiving the body art shall attest to the fact that he or she is not under the influence of drugs or alcohol.
(f) Printed and verbal instructions on the care of the skin and the body art shall be given to each person after the procedure, and a copy of the instructions shall be posted in a conspicuous place in the body art establishment.
(g)
(1)
(A) In addition to the attestations required in subsections (a) and (e) of this section, records shall be kept of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter.
(B) If the person to undergo body art is under eighteen (18) years of age, the record shall include the printed legal name and signature of the parent or legal guardian.
(2) All records shall be retained for at least two (2) years from the last date recorded in the bound book.
(3) All required signatures shall be in ink, and required records shall be available at a reasonable time for examination by the Department of Health and by local health officials.
(h)
(1) Except as provided in subsections (a)-(c) of this section, it is unlawful to perform body art on a person under eighteen (18) years of age, and any person who pleads guilty or nolo contendere to or is found guilty of a violation of this subdivision (h)(1) is guilty of a Class A misdemeanor.
(2) Any person who falsely claims to be the minor's parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class D felony.
(3) It is not a defense to a criminal prosecution under subdivision (h)(1) of this section that at the time of the offense the person who received the body art possessed a letter of consent from the person's parent or legal guardian if the letter was forged or if a person falsely assumed the identity of the minor's parent or legal guardian.
(i)
(1) It is unlawful to perform body art in any unlicensed facility.
(2) A person who pleads guilty or nolo contendere to or is found guilty of a violation of subdivision (i)(1) of this section is guilty of a Class D felony.
(3) A fine collected under this section, less court fees, shall be allocated as follows:
(A) Fifty percent (50%) to the State of Arkansas;
(B) Twenty-five percent (25%) to the city or county that levied and collected the fine; and
(C) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.
