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007.04.4-5. Artist License Fee and Renewal Requirements

AR ADC 007.04.4-5Arkansas Administrative CodeEffective: June 15, 2020

West's Arkansas Administrative Code
Title 007. Department of Health
Division 04. Environmental Health Services
Rule 4. Rules Pertaining to Body Art Establishments (Refs & Annos)
Effective: June 15, 2020
Ark. Admin. Code 007.04.4-5
007.04.4-5. Artist License Fee and Renewal Requirements
5.1. Any artist in training who has completed the written exam by the Department and is currently enrolled in an approved training facility, at the time of the effective date of this rule, will be exempt from any additional requirements for the current course of study.
5.1.1. This exemption shall not apply to any course of study begun after the effective date of this rule.
5.2. Artist's licenses shall expire on December 31st of each year and are renewable when the applicant meets all the current applicable requirements of these Rules and Ark. Code Ann. § 20-27-1501 et seq. including, but not limited to:
5.2.1. Submission of a renewal application for a body art license.
5.2.2. Proof of completion of the annual blood-borne pathogen certification.
5.2.3. For Scarification Artists, proof of current CPR and first aid certification.
5.3. 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.
5.3.1. If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist license shall be suspended for ninety (90) days.
5.3.2. Before a license may be reissued within ninety (90) days after suspension the artist shall:
5.3.2.1. Pay a reinstatement fee of one hundred dollars ($100) and all overdue licensing fees;
5.3.2.2. Complete a written exam with the Department and a practical exam at the studio in which the artist is licensed, a currently licensed body art establishment in Arkansas or other Department approved facility; and
5.3.2.3. Meet all current requirements established by the Department for artists.
5.3.3. If an artist whose license is suspended has not met the requirements under 5.3.2. within ninety (90) days after the suspension, the artist may apply for qualification review.
5.3.4. Veterans Licensure Under Act 820 of 2019.
5.3.4.1. As used in this subsection, “returning military veteran” means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable.
5.3.4.2. The Department shall grant such automatic licensure to:
5.3.4.2.1 An active duty military service member stationed in the State of Arkansas;
5.3.4.2.2. A returning military veteran applying for licensure within one (1) year of his or her discharge from active duty; or
5.3.4.2.3 The spouse of a person under 5.3.4.2.1 or 5.3.4.2.2
5.3.4.3 The Department shall grant such automatic licensure upon receipt of:
5.3.4.3.1 Payment of the initial licensure fee;
5.3.4.3.2 Evidence that the individual holds a substantially equivalent license in another state; and
5.3.4.3.3 Evidence that the applicant is a qualified applicant under 5.3.4.2.
5.3.5 Temporary and Provisional License under Act 1011 of 2019
5.3.5.1 The Department shall issue a temporary and provisional license to persons immediately upon receipt of the application, the required fee, and evidence that the individual holds a substantially equivalent license in another state.
5.3.5.2 The temporary and provisional license shall be effective for least 90 days or until the Department makes a decision on the application, unless the Department determines that the applicant does not meet the requirements in Section 4.4 in which case the provisional and temporary license shall be immediately revoked.
5.3.5.3 An applicant may provide the rest of the documentation required in 4.4 above in order to receive a license, or the applicant may only provide the information necessary for the issuance of a temporary and provisional license.
5.3.6 License for person from state that does not license profession.
5.3.6.1 Required Qualifications. An applicant from a state that does not license Body Artists, Body Artist Trainers, and Body Artists in training shall meet the following requirements
5.3.6.1.1. The applicant shall be sufficiently competent in the body art professions.
5.3.6.1.2. The applicant for a Body Artists license shall meet the qualifications in 4.3.
5.3.6.2 Required documentation. An applicant shall submit a fully-executed application, the required fee, and the documentation described below.
5.3.6.2.1. As evidence that the applicant is sufficiently competent in the body art professions:
5.3.6.2.2. Pass the required tests for Body Artists, or Body Artist in Training.
5.3.6.2.3. Meet the requirements of 4.3.
5.3.7 Reciprocity and state-specific education.
5.3.7.1 The Department shall require an applicant to take the Body Artist Test or the Body Artist in training test if the applicant is licensed in another state that does not offer reciprocity to Arkansas residents that is similar to reciprocity provided to out-of-state applicants in A.C.A. § 17-1-108.
5.3.7.2 Reciprocity in another state will be considered similar to reciprocity under A.C.A. § 17-1-108 if the reciprocity provisions in the other state:
5.3.7.2.1 Provide the least restrictive path to licensure for Arkansas applicants;
5.3.7.2.2. Do not require Arkansas applicants to participate in the apprenticeship, education, or training required as a prerequisite to licensure of a new professional in that state, except that the state may require Arkansas applicants to participate in continuing education or training that is required for all professionals in that state to maintain the licensure.
5.3.7.2.3. Do not require Arkansas applicants to take a state-specific education unless required to do so under the same conditions described in A.C.A. § 17-1-108.

Credits

Adopted Feb. 18, 2016. Amended June 15, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.04.4-5, AR ADC 007.04.4-5
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