4.1. No person except a duly licensed physician shall engage in the practice of body art or act as a body artist unless he or she holds a body art license issued by the Department.

4.2. These Rules are not applicable to any establishment under the control or direction of a duly licensed physician nor do they apply to licensed medical hospitals and similarly licensed medical institutions.

4.3. The following requirements must be completed before any individual shall receive a body art license:

4.3.1. Prior to applying for a body art license, the applicant must complete blood-borne pathogens training which meets the requirements of the Occupational Safety and Health Administration (OSHA) and is approved by the Department.

4.3.2. Artists in training pursuing licensure for scarification shall also complete basic first aid and CPR training, which is approved by the Department.

4.3.3. Artists in training pursuing licensure for scarification shall possess a current license in another field of body art. They shall also submit training and experience documentation related to scarification for review by the Department to determine eligibility for licensure.

4.3.4. An application for a body art license shall be filed with the Department at the time of the written exam.

4.3.5. The applicant must successfully complete a written examination given by the Department. This examination shall be based on these Rules. It shall insure the applicant has knowledge of pertinent microbiology and proper technique, to assure that infection and contagious disease shall not be spread.

4.3.6. The applicant shall meet all the current applicable requirements of the Rules Pertaining to the Control of Communicable Diseases.

The applicant must complete an approved training program as set forth by the Department. Artist in training shall train in a licensed body art training facility under a currently licensed artist trainer who has been licensed and operating in compliance with the Rules in the State of Arkansas for a period of not less than five (5) years.

4.3.7. At the end of the required training period, the applicant must successfully complete a practical exam in the field(s) of study. Practical exams conducted by the Department will observe a procedure for aseptic technique, sterilization procedures, recordkeeping and aftercare instruction to the client.

4.3.8. A practical body art training facility shall be licensed by the Department as a body art establishment and an approved body art training facility.

4.3.9. The Department shall levy and collect a nonrefundable fee of fifty dollars ($50.00) from each artist in training who applies to take the written and practical examinations. This fee is waived for an Artist in the qualification review process.

4.4. An artist with an expired Arkansas license, or an artist from another state or a country outside of the United States, who holds a license from the body art regulatory board or agency in that state or country, may submit to the Department an application for qualifications review and a $500.00 nonrefundable application fee, to determine eligibility for a body art license issued by this Department.

The Department will review qualifications based on the following criteria:

4.4.1. Proof of annual blood-borne pathogen certification.

4.4.2. Proof of licensure as a body art artist by the appropriate regulatory agency within the last two (2) calendar years.

4.4.3. Copy of the body art laws and/or regulations from the regulatory agency which licenses the artist.

4.4.4. Documentation from the regulatory agency concerning the establishment where the artist is currently employed or has most recently been employed, including, but not limited to:

4.4.4.1. Name of establishment.

4.4.4.2. Length of time employed.

4.4.4.3. A copy of licensure and inspection reports of establishment.

4.4.5. Documentation that the artist completed, at a minimum, a six (6) month artist in training program. In lieu of training documentation, the artist may submit a letter of reference from the regulatory agency, which provides compliance history, evaluation of knowledge of health and safety standards and any record of training completed.

4.4.6. Proof of passage of the Department's body art written exam.

4.4.7. Completion of a practical exam at a currently licensed body art establishment in Arkansas or other Department approved facility.

4.5. Upon receipt and approval of all qualification requirements, the artist shall be invoiced and submit the annual artist license fee.

4.6. An artist from another state or a country outside of the United States where artist licensure is not required by a regulatory body shall complete the artist in training program as required by Section 4.3 of these Rules.

4.7. 20-27-1507. Education of artist in training.

4.7.1. An artist trainer shall be a registered instructor in a school licensed by the State Department of Health under § 6-51-601 et seq. The Department shall develop standards to determine:

4.7.1.1. The maximum number of artists in training in a training facility at one time; and

4.7.1.2. The length of the program in hours and across a range of months.

4.7.1.3. During the artist training in the fields of tattoo, body piercing, or permanent cosmetics, each artist in training shall complete not less than three hundred seventy-five (375) clock hours of supervised body art work and classroom instruction in a period not less than six (6) months or more than twenty-four (24) months in an establishment licensed under § 20-27-1503 and § 6-51-601 et seq.

4.7.1.4. During the artist training in the field of branding, each artist in training shall complete not less than three hundred seventy-five (375) clock hours of supervised body art work and classroom instruction in a period not less than six (6) months or more than twenty-four (24) months in an establishment licensed under § 20-27-1503 and § 6-51-601 et seq. Additional fields of body art training may be added by completing not less than two hundred fifty (250) clock hours of technical and procedural training in each of the other fields of body art in which an artist in training is to be licensed. An artist in training studying multiple fields of body art at the same time shall complete the total clock hours of all fields in not less than twelve (12) months or more than twenty-four (24) months.

4.7.1.5. The artist trainer shall maintain a training log of the clock hours completed by the artist in training on forms approved by the Department

4.7.1.6. The training log shall include without limitation a record of:

4.7.1.6.1. Hours of both theory and practical education;

4.7.1.6.2. The procedures observed and completed; and

4.7.1.6.3. A list of resources used for training.

4.7.1.7. The artist in training shall keep available for inspection a bound record book that is separate from the record book of another artist or artist in training.

4.7.1.8. The completed training log shall be submitted to the Department of Health at the time of the practical examination under an artist trainer may offer training only in the area in which the artist trainer holds a current license from the Department of Health.

4.7.1.9. The Department of Health shall adopt a minimum curriculum for each area of body art training that shall be followed by all artist trainers, artists in training, and body art training facilities.