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Arkansas Statutes, Title 17

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Arkansas/Statutes

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Title 17, Professions, Occupations, and Businesses

83 chapters · 1,940 sections in this title.

All chapters in Title 171,940 Ch 92, Pharmacists and Pharmacies102 Ch 95, Physicians and Surgeons86 Ch 82, Dentists, Dental Hygienists, and Den…68 Ch 26, Cosmetology and Related Occupations67 Ch 42, Real Estate License Law67 Ch 87, Nurses64 Ch 25, Contractors61 Ch 80, General Provisions46 Ch 40, Private Investigators and Private Se…44 Ch 12, Accountants43 Ch 17, Auctioneers40 Ch 20, Barbers40 Ch 97, Psychologists and Psychological Exam…39 Ch 27, Counselors38

1,940 sections·Filtered byTitle 17✕

Ark. Code Ann. § 17-26-307 Electrology instructors — Prerequisites to examination
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(1) The Department of Health shall admit to examination for license as an electrology instructor any person who has made application to the department in proper form, has paid the fee required, and who:(1) Is not less than twenty-one (21) years of age;(2) Holds a valid Arkansas l…
Ark. Code Ann. § 17-26-309 Examination for cosmetologists and all branches of cosmetology
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Examinations for license as cosmetologists and all other branches of cosmetology shall include a written core and law test and a practical test that embrace all phases of cosmetology as deemed necessary by the Cosmetology Technical Advisory Committee to protect the health, safety…
Ark. Code Ann. § 17-26-310 Failure to appear for examination
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The Cosmetology Technical Advisory Committee shall promulgate rules concerning an applicant for an examination who fails to appear for the examination.
Ark. Code Ann. § 17-26-311 Eligibility for reexamination
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Anyone failing to pass an examination shall be permitted upon application to take another examination.

Ark. Code Ann. § 17-26-312 Issuance of license

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(a) Persons who pass any examination under this chapter shall receive a license from the Cosmetology Technical Advisory Committee. (b) This license, except for renewal fees, entitles the holder to engage in the practice of the specified branch of cosmetology upon the public in a …

Ark. Code Ann. § 17-26-314 Specificity of permit or license

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Every permit or license issued by the Cosmetology Technical Advisory Committee shall specify the occupation or occupations that the permit and license entitle the holder to practice.

Ark. Code Ann. § 17-26-315 Reciprocity

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(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, a person licensed as a cosmetologist, electrologist, manicurist, aesthetician, or instructor under the laws of another state sha…

Ark. Code Ann. § 17-26-316 Display of license

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(a) Every licensee shall:(1) Display his or her license in a conspicuous place in his or her principal office, place of business, place of employment, or mobile salon; or(2) Wear the license on his or her person while practicing cosmetology. (1) Display his or her license in a co…

Ark. Code Ann. § 17-26-317 Notice of address change

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(a) (1) Every registered cosmetologist manager-operator, cosmetologist, electrologist, manicurist, or aesthetician, unless operating a mobile salon as defined under § 17-26-102, within thirty (30) days after changing the address of his or her place of business as designated on th…

Ark. Code Ann. § 17-26-318 Duplicate license

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A duplicate license shall be issued upon the filing of a statement explaining the loss of the license, verified by the oath of the applicant, and accompanied by the fee prescribed in § 17-26-209. Each duplicate license shall have the word “DUPLICATE” stamped across its face and b…

Ark. Code Ann. § 17-26-319 Expiration, renewal, and reinstatement

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(a) Licenses of cosmetologists, instructors, electrologists, aestheticians, and manicurists shall expire on the licensee's birthday on a biennial basis. (b) Licenses of schools and establishments shall expire in one (1) of the following ways at the choice of the school or establi…

Ark. Code Ann. § 17-26-321 Reissuance and reinstatement

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For good cause shown and under such reasonable rules as may be imposed, the Department of Health may reissue or reinstate the license of any person whose license has been previously revoked.

Ark. Code Ann. § 17-26-324 Registered hairstylist

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(a) The Department of Health:(1) Shall develop a registration application process for a registered hairstylist;(2) May charge each registrant a fee of not more than ten dollars ($10.00) to cover the department's costs of maintaining the registration; and(3) Shall not require regi…

Ark. Code Ann. § 17-26-401 License requirements

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(a) No person, firm, or corporation shall conduct or operate a cosmetological establishment, school of cosmetology, beauty parlor, or any other place of business in which any one (1) or any combination of the occupations of a cosmetologist are taught or practiced, except the bran…

Ark. Code Ann. § 17-26-402 Cosmetological establishments — License

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(a) A person, firm, or corporation desiring to operate a cosmetological establishment shall make an application to the Department of Health for a license. (b) The application shall be accompanied by the required licensing fee.

Ark. Code Ann. § 17-26-403 School of cosmetology — Application to operate — License

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(a) Schools of cosmetology shall be conducted as provided in this subchapter. (b) (1) A person, firm, or corporation desiring to conduct a school of cosmetology shall apply to the Department of Health for approval.(2) The Division of Elementary and Secondary Education shall not b…

Ark. Code Ann. § 17-26-404 Licensing requirements — Expiration — Renewal

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(a) Licensing for cosmetological establishments and schools of cosmetology expires pursuant to § 17-26-319(b). (b) An application for renewal of a license shall be filed with the Department of Health, accompanied by the required renewal fee. (c) Thereupon, the department shall re…

Ark. Code Ann. § 17-26-405 Facilities — Prohibition on use

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(a) No person having charge of a cosmetological establishment or school of cosmetology, whether as an owner or an employee, shall permit any room or part thereof in which any of the branches or practices of cosmetology are conducted, practiced, or taught to be used for sleeping, …

Ark. Code Ann. § 17-26-406 Refusal or cancellation of school license — Causes

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(a) A school shall not be licensed until the Department of Health has had ample opportunity to verify sworn statements as to the actual ownership. In this respect, if false statements are submitted to the department in connection with a license application, this in itself shall c…

Ark. Code Ann. § 17-26-407 Inspection of school facilities

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(a) Before any school license under this subchapter shall be finally granted, a second inspection shall be made after the equipment has been installed and before the school is permitted to begin operation. (b) An applicant shall not be granted a license to operate a school unless…

Ark. Code Ann. § 17-26-408 Duties of school

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(1) Each school shall:(1) Possess sufficient apparatus and equipment necessary for the ready and full teaching of all the subjects or practices of cosmetology;(2) Maintain licensed instructors competent to impart instruction in all branches or practices of cosmetology;(3) Keep a …

Ark. Code Ann. § 17-26-409 School supervisor

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Every school shall at all times be in charge of and under the supervision of a licensed cosmetologist manager-operator who has had at least a total of three (3) years of practical experience in the practice or teaching of all of the branches of cosmetology, except the branch of e…

Ark. Code Ann. § 17-26-410 Instructor qualifications

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(a) (1) (A) A person employed in a school to instruct students in the school shall be licensed as an instructor in the field in which he or she specializes.(B) A licensed instructor in good standing is not required to renew his or her specialty license.(2) A licensed instructor s…

Ark. Code Ann. § 17-26-411 Instructors — Duties — Number

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(a) All instructors shall be continuously engaged in teaching students in theoretical or practical work. Except when instructing a student, an instructor may not practice upon a client, and any instructor who does so is subject to disciplinary action by the Cosmetology Technical …

Ark. Code Ann. § 17-26-412 School term — Cosmetology curriculum

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(a) Each school shall maintain a school term of not less than one thousand five hundred (1,500) hours, instruction of which shall not be in excess of ten (10) hours per day and six (6) days per week during the course. The school shall maintain a course of practical training and t…

Ark. Code Ann. § 17-26-413 Electrology course

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(a) (1) An electrology course established by a school of cosmetology shall consist of three hundred fifty (350) hours or six hundred (600) hours of practical training and technical instruction that shall extend over a period of not less than two (2) months for a three-hundred-fif…

Ark. Code Ann. § 17-26-414 Special programs

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(a) Instruction shall not exceed ten (10) hours per day and six (6) days per week during the program. (b) When a student completes the required number of hours for a special program and reenrolls for a cosmetology program or when a student transfers from a special program to a co…

Ark. Code Ann. § 17-26-415 Student registration — Reregistration on transfer

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(a) (1) All students of cosmetology, manicuring, electrology, aesthetics, and instructor training shall be registered with the Department of Health before accredited hours can be obtained.(2) The enrollment application shall be accompanied by a copy of a method of identification …

Ark. Code Ann. § 17-26-417 Student work

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(a) In each licensed school of cosmetology:(1) A student for a license as a cosmetologist, after one hundred fifty (150) hours of instruction, may engage, in the school as a student, in work connected with any branch or any combination of the branches of cosmetology taught in the…

Ark. Code Ann. § 17-26-418 Cosmetology courses in public schools

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(a) (1) All public educational institutions operating cosmetological schools shall comply with the standards and rules promulgated by the State Board of Health.(2) (A) However, the responsibility for approval of cosmetological schools in public educational institutions shall be t…

Ark. Code Ann. § 17-26-419 Domestic violence and sexual assault awareness training

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(a) A cosmetological school or establishment under this subchapter shall establish a domestic violence and sexual assault awareness training course. (b) (1) A student enrolled in a cosmetological school or establishment shall complete a one-hour course in domestic violence and se…

Ark. Code Ann. § 17-26-420 Mobile salons

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(a) (1) Beginning September 1, 2017, the Department of Health may issue a license for the operation of a mobile salon to an applicant who submits an application on a form approved by the Cosmetology Technical Advisory Committee, pays required fees as determined by the department …

Ark. Code Ann. § 17-26-501 Title

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This subchapter shall be known and may be cited as the “Natural Hair Braiding Protection Act”.

Ark. Code Ann. § 17-26-502 Legislative findings

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(1) The General Assembly finds that:(1) Natural hair braiding is a traditional practice that is safe;(2) Natural hair braiding presents no significant health and safety risks to customers or practitioners;(3) Occupational regulation harms consumers by limiting their choices or by…

Ark. Code Ann. § 17-26-503 Definitions

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(1) As used in this subchapter:(1) “Mechanical device” means clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair binders; and(2) (A) “Natural hair braiding” means a service of twisting, wrapping, weaving, extending, locking, or braiding ha…

Ark. Code Ann. § 17-26-504 Exemption

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The practice of natural hair braiding, except as provided by this subchapter, is exempt from regulation under this chapter and is exempt from the authority of the Cosmetology Technical Advisory Committee, the State Board of Health, and the Department of Health.

Ark. Code Ann. § 17-26-505 Application of certification requirements

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(a) A person who has practiced natural hair braiding for two (2) consecutive years as of December 31, 2015, shall be granted a natural hair braiding certificate if he or she completes and files the following on or before December 31, 2015:(1) An application for certification;(2) …

Ark. Code Ann. § 17-26-601 Definitions

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(1) As used in this subchapter:(1) “Artist” means any person other than a licensed physician who performs body art on a human and is licensed in this state;(2) “Artist instructor” means an artist who:(A) Has been licensed by the Department of Health as an artist for at least five…

Ark. Code Ann. § 17-26-602 Unlawful to perform body art on person under 18 years of age — Documentation and consent

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(a) (1) A person under eighteen (18) years of age shall not undergo body art unless:(A) Written consent is given by the person's parent or legal guardian;(B) The parent or legal guardian is present during the procedure;(C) The person to undergo body art and the parent or legal gu…

Ark. Code Ann. § 17-26-603 Department of Health to license, regulate, and inspect for health hazards

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(a) (1) Body art establishments in which body art is performed and artists who perform body art shall be licensed by the Department of Health.(2) An institution shall be licensed by the department as an establishment and as an approved body art training institution.(3) An artist …

Ark. Code Ann. § 17-26-604 Local health officials

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(a) Any city or county department of health may periodically inspect body art establishments on the basis of compliance with state, city, or county sanitary regulations. (b) The governing body of any municipality or county may adopt by ordinance local sanitary regulations of body…

Ark. Code Ann. § 17-26-605 No criminal liability

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This subchapter does not create any liability, criminal or otherwise, for a person under eighteen (18) years of age for undergoing body art.

Ark. Code Ann. § 17-26-606 Blood-borne pathogens course

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(a) (1) Each artist, artist instructor, and student artist shall complete United States Occupational Safety and Health Administration blood-borne pathogens training approved by the Department of Health.(2) An approved online course may be used to satisfy the requirement under sub…

Ark. Code Ann. § 17-26-607 Education of student artist

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(a) An artist instructor shall be a registered instructor in an institution licensed by the Department of Health. (b) The maximum number of student artists in training in a training facility at any time shall be at a ratio of no more than eight (8) students to one (1) artist inst…

Ark. Code Ann. § 17-26-608 Examination — Fee

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(a) (1) (A) Each artist in training seeking licensure as an artist under the rules of the Department of Health shall take a written examination prepared or approved by the department upon completion of training.(B) Upon completion of the hours required under § 17-26-607, a practi…

Ark. Code Ann. § 17-26-609 Temporary demonstration license

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(a) The Department of Health may issue a temporary demonstration license to an artist or establishment or to a supplier of materials for body art for:(1) Educational purposes where body art is performed;(2) Trade shows where body art is performed;(3) Demonstrations of body art pr…

Ark. Code Ann. § 17-26-610 Critical items for closure of body art establishment

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(a) (1) The Department of Health shall create and publish a list of critical items for closure of an establishment.(2) The department shall list the prohibitions under § 17-26-611 as critical items for closure. (1) The Department of Health shall create and publish a list of criti…

Ark. Code Ann. § 17-26-611 Prohibitions

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(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 …

Ark. Code Ann. § 17-26-612 Penalties

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(a) An artist who violates this subchapter or rules adopted by the State Board of Health pertaining to body art commits a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each offense. (b) After n…

Ark. Code Ann. § 17-26-613 Prohibited practice

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An artist licensed by the Department of Health shall not perform or attempt to perform the insertion of a subdermal implant.