Arkansas Administrative Code

17 CAR § 51-118. Administrative penalty authority. The Department of Health shall have the authority to assess administrative penalties against any individual or any public water system for failure to comply with any portion of this part, in accordance with the requirements of Ar…

17 CAR § 52-101. Purpose. This part is prepared for the purpose of: (1) Establishing standards to regulate the vocation of massage therapy; (2) Providing for the licensing of persons to carry on and to teach such vocation; (3) Regulating the conduct and sanitation of massage ther…

17 CAR § 52-102. Principles, methods, and definitions. (a) Terms found in Arkansas Code § 17-86-102 are descriptive rather than limiting, and massage therapy includes those techniques that are utilized in all phases of massage and bodywork for the purposes of: (1) Relaxation; (2)…

17 CAR § 52-103. Applicability of rules. This part is not applicable to any massage therapy clinic under the control or direction of a duly licensed physician, nor does it apply to licensed medical hospitals and similarly licensed medical institutions.

17 CAR § 52-104. Prohibitions. The following practices are not within the scope of massage therapy as defined in Arkansas Code: (1) Colonic irrigation and other methods of internal hydrotherapy; (2) Depilation, waxing, extractions, and electrolysis; (3) Practices involving the us…

17 CAR § 52-105. Enforcement. (a)(1) A clinic owner, mobile clinic owner, or school owner and the person in charge of any such clinic, mobile clinic, or school shall be liable for implementing and maintaining this part in the: (A) Clinic; (B) Mobile clinic; or (C) School. (2) Thi…

17 CAR § 52-106. Access for enforcement of rules. (a) To ensure compliance with the laws and rules governing the operations of schools of massage therapy and clinics, the Department of Health’s authorized representatives shall have access to enter any and all parts of the premise…

17 CAR § 52-107. Authorization by the Department of Health. (a) Any person, firm, or corporation desiring to open a massage therapy clinic or school shall submit an application for license or for registration to the Department of Health for approval. (b)(1) Any person, firm, or c…

17 CAR § 52-108. Consumer information. (a) A copy of the most recent inspection sheet shall be posted in a conspicuous area. (b) All massage therapy schools, massage therapy postsecondary schools, Massage Therapist licenses, Master Massage Therapist licenses, Massage Instructor l…

17 CAR § 52-109. Inspections. (a) Initial, routine, and complaint inspections are conducted to ensure compliance with licensing law and rules. (b)(1) Any inspector shall have the authority to enter into and inspect any massage therapy spa, clinic, or school at any time during bus…

17 CAR § 52-110. Complaints. (a) Any person may file a complaint on any of the grounds for disciplinary action provided in Arkansas Code § 17-86-311(a) of the Massage Therapy Act, Arkansas Code § 17-86-101 et seq., against any of the following: (1) A person who practices massage …

17 CAR § 52-111. Hearings. (a) If findings are made against a licensee, clinic/spa, or massage therapy school or postsecondary massage therapy school, a hearing shall be held by the Massage Therapy Technical Advisory Committee (MTTAC). (b) The MTTAC will hold any necessary hearin…

17 CAR § 52-112. Location. (a) The office of the Cosmetology, Massage Therapy, and Body Art Sections is located at 4815 West Markham, Little Rock, Arkansas 72205. (b) All matters related to massage therapy licensing should be directed to the Massage Therapy Section office by: (1)…

17 CAR § 52-113. Policies and procedures. (a) The Department of Health designates all forms and letters as necessary. (b)(1) The Massage Therapy Technical Advisory Committee (MTTAC): (A) May meet on a quarterly basis and at other times as deemed necessary by the Department of Hea…

17 CAR § 52-114. Licensing and renewals. (a) The Department of Health may administer an examination of its own preparation as the state licensing examination for Arkansas massage therapists to be administered at the time and place the department so designates. (b) The department …

17 CAR § 52-115. Reciprocity, temporary licensure, and military licensure. (a) Reciprocity under Acts 2019, No. 1011. (1) Required qualifications for reciprocity. An applicant applying for reciprocal licensure shall meet the following requirements: (A)(i) The applicant shall hold…

17 CAR § 52-116. Continuing education. (a)(1) All courses for continuing education must fall within the scope of practice of massage therapy. (2) Courses, demonstrations, and workshops offered within the State of Arkansas must be submitted to the Department of Health for prior ap…

17 CAR § 52-117. Massage clinics. (a) To operate a massage therapy clinic, it first must be registered with the Department of Health. (b) With the exception of treatments that are given at the location of a client or treatments given at a temporary location lasting not more than …

17 CAR § 52-118. Massage therapy schools and postsecondary massage therapy schools. (a) General requirements. “School” as used throughout this section includes unless otherwise indicated both: (1) Massage therapy schools; and (2) Postsecondary massage therapy schools. (b) Applica…

17 CAR § 52-119. Conduct and ethics. (a) It is the responsibility of the licensed massage therapist or therapists to create and maintain a safe environment during a massage session. (b) It is the therapist’s responsibility to inform clients of their rights as recipients of massag…

17 CAR § 52-120. Miscellaneous guidelines. (a) Massage therapy must be provided in a way that ensures the safety, comfort, and privacy of the client and therapist. (b) Clients receiving a massage must be draped or dressed to ensure that the pubic area and genitals are not exposed…

17 CAR § 53-101. Purpose. To protect the health of the citizens of Arkansas by promulgating rules providing limited governance of the services provided by a dental hygienist working under a collaborative care permit program with a licensed dentist.

17 CAR § 53-102. Definitions. For the purposes of this part, the following words and phrases when used herein shall be construed as follows: (1) "Collaborative agreement" means a written agreement between a dentist licensed by the Arkansas State Board of Dental Examiners and a de…

17 CAR § 53-103. Specific requirements. (a) The Department of Health’s Office of Oral Health shall determine prioritization of communities in which collaborative services are permitted based upon provider availability, relevant oral health surveillance data, and other applicable …

17 CAR § 54-101. Purpose. This part is prepared for the purpose of establishing standards to: (1) Regulate the vocation of cosmetology and its related occupations, specifically: (A) Manicuring; (B) Aesthetics; and (C) Electrology; (2) Provide for the licensing of persons to carry…

17 CAR § 54-102. Applicability of rules. This part is not applicable to any cosmetology or body art establishment under the control or direction of a duly licensed physician, nor does it apply to licensed medical hospitals and similarly licensed medical institutions.

17 CAR § 54-103. Prohibitions. (a) Performing services prohibited under this part shall be grounds for disciplinary action by the Cosmetology Technical Advisory Committee. (b) No person having charge of a cosmetological or body art establishment, school of cosmetology, or body ar…

17 CAR § 54-104. Enforcement of rules. (a)(1) An establishment owner, mobile salon owner, school owner or postsecondary school owner and the person in charge of any such establishment, mobile salon, school of cosmetology or postsecondary school of cosmetology, or body art institu…

17 CAR § 54-105. Access for enforcement of rules. (a)(1) To ensure compliance with the laws and rules governing the operations of schools of cosmetology, postsecondary schools of cosmetology, body art institutions, and establishments, the Department of Health’s authorized represe…

17 CAR § 54-106. Authorization by the Department of Health. (a) Any person, firm, or corporation desiring to open a cosmetology or body art establishment or mobile salon shall submit an application for licensure to the Department of Health for approval. (b)(1) Any person, firm, o…

17 CAR § 54-107. Consumer information. (a) A copy of the most recent inspection sheet shall be conspicuously posted in a designated place: (1) In the reception area; (2) At individual workstations; or (3) In the clinic area. (b) All establishments, mobile salons, and schools of c…

17 CAR § 54-108. Investigations, hearings, or inspections. (a)(1) The Department of Health shall conduct investigations and inspections as promulgated by this part. (2) Initial, routine, and complaint inspections are conducted to ensure compliance with the licensing law and rules…

17 CAR § 54-109. Complaint policy. Complaints against a person, establishment, mobile salon, school of cosmetology, body art institution, and postsecondary school of cosmetology shall be reviewed as follows: (1) Any person may file a complaint against any of the following, a pers…

17 CAR § 54-110. Location. (a) The office of the Cosmetology, Massage Therapy, and Body Art Section is located at 4815 West Markham, Little Rock, Arkansas 72205. (b) All matters related to cosmetology licensing should be directed to the Cosmetology Section office by calling 501-6…

17 CAR § 54-111. Changes and notification requirements. (a) Name change. (1) When the name of a licensed cosmetology or body art establishment, mobile salon, cosmetology secondary or postsecondary school, or body art institution is changed from the name that appears on the origin…

17 CAR § 54-112. Automatic occupational licensure for out-of-state applicants under Acts 2023, No. 457. (a) An applicant shall be eligible for automatic occupational licensure if: (1) The applicant either: (A) Is in good standing for at least one (1) year for a cosmetologist, ele…

17 CAR § 54-113. Automatic military licensure under Acts 2023, No. 137, and Acts 2021, No. 135. (a) Applicability. This part applies to: (1) A uniformed service member stationed in the State of Arkansas; (2) A uniformed service veteran who resides in or establishes residency in t…

17 CAR § 54-114. Temporary license. (a) The Department of Health shall issue a temporary license immediately upon receipt of the application, the required fee, and the documentation required under 17 CAR § 54-202. (b) The temporary license shall be effective for one hundred sixty…

17 CAR § 54-115. Fee waiver under Acts 2021, No. 725. (a)(1) Pursuant to Acts 2021, No. 725, an applicant may receive a waiver of the initial licensure fee, if eligible. (2) Eligible applicants are applicants who: (A) Are receiving assistance through the: (i) Arkansas, or current…

17 CAR § 54-201. Definitions for cosmetology and related branches. As used in this part: (1) “Aesthetician” means any person who engages in the practice of beautifying the body by cleaning, waxing, externally manipulating, or stimulating the body by means of the hands, devices, a…

17 CAR § 54-202. Required licensure to practice or teach cosmetology or related branches. (a) Establishment or mobile salon. (1) Any person, firm, or corporation conducting or operating a cosmetology establishment or mobile salon shall be required to obtain a current establishmen…

17 CAR § 54-203. Examinations. (a) Any person who has acquired any of the following training is required to take the written and practical examinations: (1) Cosmetology, manicuring, aesthetics, or instructor training as stipulated in Arkansas Code § 17-26-304; (2) Electrology as …

17 CAR § 54-204. Reciprocity for cosmetology and related branches. (a)(1) Upon application to the Department of Health in the form provided for the particular class of license applied for, accompanied by the required fee, application shall expire after one (1) year. (2) A person …

17 CAR § 54-205. Requirements for schools of cosmetology, postsecondary schools of cosmetology, establishments, and mobile salons — Physical facilities. (a) Water supply and sewage. (1) A supply of continuous hot and cold running water shall be: (A) Provided to accommodate all se…

17 CAR § 54-206. Cosmetology establishments and mobile salons certificate of registration and licensure — General licensure requirements. (a) Permits/licensure. (1) Selling products in an establishment or mobile salon that require the seller to hold a special permit or license by…

17 CAR § 54-207. School of cosmetology and postsecondary school of cosmetology requirements. (a) Application for new private school of cosmetology. (1)(A) Any person, firm, or corporation seeking to open a new school of cosmetology shall: (i) Submit an application to the Cosmetol…

17 CAR § 54-301. Definitions for body art and related branches. As used in this part: (1) “APP” means the Alliance of Professional Piercers; (2) “APT” means the Alliance of Professional Tattooists; (3) “Artist” means any person, other than a licensed physician, who: (A) Performs …

17 CAR § 54-302. Prelicensure determination for disqualifying offenses. (a) Pursuant to Acts 2023, No. 688, an individual applying for a body art or body art instructor license after July 1, 2024, may petition for a prelicensure determination of whether: (1) The individual’s crim…

17 CAR § 54-303. Determination of prohibiting criminal offenses for licensure. (a) An individual is not eligible to receive or hold a body art license or body art instructor license if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the off…

17 CAR § 54-304. Required licensure to practice or teach body art and related branches. (a) Establishment. (1) Any person, firm, or corporation conducting or operating a body art establishment or mobile establishment shall be required to obtain a current establishment license pri…