Arkansas Code Title 17. Professions, Occupations, and Businesses § 17-26-611. Prohibitions

(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.

(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

(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.

(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.

(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.