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

20-27-1503. Department of Health 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) A body art training facility shall be licensed by the department as an establishment and as an approved body art training facility. (3) An artist from a state other than Arkansas 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 an application for qualifications review by the department to determine eligibility for a body art license based upon criteria established by the department. (4) The business premises, equipment, procedures, techniques, and conditions of those businesses shall be subject to at least one (1) 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, 2013, shall remain in effect until the State Board of Health adopts rules under 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)(A) The department shall collect a one-time fee of five hundred dollars ($500) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department. (B) The fee for written and practical exams under § 20-27-1508 is not required for an applicant under subdivision (e)(2)(A) of this section for exams taken to complete requirements established by the department. (C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a body artist license shall be issued to an applicant under subdivision (e)(2)(A) of this section. (D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section. (3) The annual fee for an artist or for an establishment 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. (4) 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. (5)(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 suspended for ninety (90) days. (B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension: (i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees; (ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and (iii) Meet current requirements established by the department for artists. (C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review. (6) In addition to the penalty provisions found in this subsection, any studio or business owner operating without a current license commits a Class D felony. (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 Body Art 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 under this subchapter, 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.