Section 17-26-611 - Prohibitions(a) Body art is prohibited: (1) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;(2) On a person who shows signs of recent intravenous drug use;(3) On an area with sunburn, open lesions, rashes, or wounds;(4) With the use of a product or ink banned or restricted by the United States Food and Drug Administration;(5) In a procedure area that is not physically and permanently separated from beauty areas with a wall and a door, such as cosmetology, aesthetics, and nail services; and(6) On an animal in a facility licensed for the application of body art on human beings.(b) A piercing gun shall be used only to pierce an earlobe.(c) A person shall not:(1) Perform a piercing with a manually loaded spring-operated piercing device;(2) Pierce an earlobe with a piercing gun that does not use a presterilized encapsulated stud and clasp system; or(3)(A) An artist shall not use jewelry for initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material except for specified types of glass, gold, and niobium as approved by the rules established by the Department of Health.(B) An artist shall maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing.(d)(1) A person shall not sell a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, to a person within this state who is not licensed as an artist by the department.(2)(A) A violation of subdivision (d)(1) of this section is a Class A misdemeanor.(B) Each violation of subdivision (d)(1) of this section is a separate offense.(e)(1) Possession of a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, by a person within this state who is not licensed as an artist by the department is prohibited.(2)(A) A violation of subdivision (e)(1) of this section is a Class A misdemeanor.(B) Each violation of subdivision (e)(1) of this section is a separate offense.(f) A fine collected under this section, less court fees, shall be allocated as follows: (1) Fifty percent (50%) to the State of Arkansas;(2) Twenty-five percent (25%) to the city or county that levied and collected the fine; and(3) 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.Amended by Act 2023, No. 688,§ 17, eff. 8/1/2023.Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.