(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 facilities, such as hair 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.