20-27-1501. Definitions.

20-27-1501. Definitions. As used in this subchapter: (1) “Artist” means any person other than a licensed physician who performs body art on a human; (2) “Artist in training” means a person who: (A) Is in training under the supervision of an artist trainer or a physician; and (B) Shall not perform body art independently; (3) “Artist trainer” means an artist who: (A) 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; (B) 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; (C) Has completed the course required under § 20-27-1506; and (D) Is a registered instructor for the specified field of body art with the department; (4) “Body art” means procedures that include: (A) Tattooing; (B) Body piercing; (C) Branding; (D) Permanent cosmetics; or (E) Scarification; (5)(A) “Body piercing” and “body piercing procedure” mean 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. (B) “Body piercing” or “body piercing procedure” shall not include piercing an earlobe with a presterilized, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe; (6) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument; (7) “Critical item” means an aspect of operation or condition of a facility or equipment that constitutes the greatest hazard to health and safety, including imminent health hazards; (8) “Establishment” means any place or facility: (A) Where body art is performed; and (B) That has a body artist licensed in Arkansas on staff; (9) “Guest artist” means an artist from a state other than Arkansas or a country other than the United States who: (A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or (B) If an artist license is not available in the guest artist's state or country, can submit to the department evidence of professional experience, employment, and education including: (i) Proof of blood-borne pathogen certification; and (ii) Proof of employment in a licensed body art facility for at least two (2) years; (10) “Instrument” means equipment used during body art, including without limitation: (A) Forceps; (B) Hemostats; (C) Needles; (D) Permanent cosmetic needles and tips; (E) Receiving tubes; and (F) Tattoo barrels and tubes; (11) “Permanent cosmetics” and “permanent cosmetic procedure” mean the application of permanent or semipermanent pigmentation by the penetration of the skin with a needle or instrument to: (A) The face for cosmetic purposes; or (B) Any part of the body for scar coverage or other corrective purposes; (12) “Repigmentation” means recoloration of the skin, including through the use of dermabrasion or chemical peels, sought due to: (A) Birthmarks, vitiligo, or other skin conditions that result in the loss of melanin to the skin; (B) Scarring caused by surgical procedures, including without limitation face lifts, mole or wart removal, cauterization, and other similar procedures; (C) Mastectomy, including recreation of an areola or nipple; or (D) Blotchy pigmentation; (13) “Scarification” means injury of the skin involving scratching, etching, or cutting of designs to produce a scar on a human being for ornamentation or decoration; (14) “Sponsor” means 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; (15) “Subdermal implanting” means the insertion of an object under the skin of a live human being for ornamentation or decoration; and (16)(A) “Tattooing” and “tattoo procedure” mean 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. (B) “Tattooing” and “tattoo procedure” do not include permanent cosmetics.