Arkansas Administrative Code
Agency 035 - Board of Cosmetology
Rule 035.00.08-001 - Rules and Regulations
Current through Register Vol. 49, No. 9, September, 2024
RULE NO. 1 COSMETOLOGY BOARD AND STAFF
Act 358 of 1955 created the Arkansas State Board of Cosmetology and defined the powers of the Board. The Board was created to regulate the vocation of cosmetology and its related occupations; to provide for the licensing of persons to carry on and to teach such vocation; to regulate the conduct and sanitation of cosmetological establishments and schools so as to prevent the spreading of communicable diseases; and, to provide penalties for violation thereof.
The Arkansas State Board of Cosmetology consists of ten (10) members appointed by the Governor. Whenever the word "Board" is used, it refers to the Arkansas State Board of Cosmetology.
The Administrative Division of the Board is staffed by a Director and clerical personnel. The Administrative Division is responsible for the administrative and day-to-day operation of the Board. The Director will publish annually the contact information for each staff member.
The Inspection Division of the Board is staffed by persons who have had five (5) years of experience in the licensed practice of cosmetology. Cosmetological establishments are routinely inspected between 2-4 times a year to ensure compliance with the licensing law and rules promulgated by the Board unless complaints are received by the Board office. The inspectors examine licenses; inspect buildings and equipment; check accumulated hours and number of students in beauty schools; report violations of the law or rules; investigate complaints; rate inspections; and perform yearly initial inspections of new beauty salons.
Any inspector of the Board shall have the authority to enter into and inspect any cosmetological establishment at any time during business hours.
The office of the Board is located at 101 E. Capitol, Suite 108, Little Rock, Arkansas 72201. All matters, which require the Board's attention, should be directed to the Board office by calling 501-682-2168 or by emailing the Board at Cosmo@arkansas.gov. Information may also be obtained by accessing the Board's Website at www.arkansas.gov/cos/.
The Board will meet in Little Rock, Arkansas for the purpose of transacting business when deemed necessary. By December of each year, the Director will publish a list of meeting dates scheduled for the upcoming calendar year.
Public comments are welcome at each board meeting; however, any person desiring to appear before the Board to take up any business within the jurisdiction of the Board that would require agenda action shall, at least ten (10) calendar days prior to such meetings, file a written request with the Director in which the nature and purpose of the appearance shall be clearly and concisely stated with sufficient details to fully apprise the Board of the basis and extent of such business.
The Board shall collect fees in accordance with the following fee schedule as authorized through A.C.A. 17-26-209(a):
a. Enrollment into a cosmetology school |
$20.00 |
b. Examination for licensing |
|
1) First-time candidate |
|
i. Practical - $65.00 |
|
ii. Written - $60.00 |
|
2) Retest candidate |
|
i. Practical - $65.00 |
|
ii. Written - $60.00 |
|
3) Reciprocity candidate that has taken a national written and practical exam |
|
i. State Law - $60.00 |
|
4) Reciprocity candidate that has not taken a national written and practical exam |
|
i. Practical - $65.00 |
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ii. Written - $60.00 |
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c. Renewal of a cosmetology, manicure, aesthetics, electrology or instructor license |
$100.00 biennially |
d. Reciprocity for a cosmetology, manicure, aesthetics, electrology or instructor license when the licensee is duly registered in another state |
$150.00 one-time fee |
e. New establishment, including new and relocated |
$150.00 one-time fee |
f. Renewal of an establishment |
$100.00 annually |
g. New school |
$1500.00 |
h. Renewal of a school |
$250.00 annually, |
i. Change of name and/or ownership of a school |
$500. |
j. Name and/or ownership change of an establishment |
$150. |
k. Duplicate license |
$25.00 per license |
l. Certification of board records |
$50.00 per license |
m. Reinstatement fee for a practitioner license will apply for licenses not renewed within thirty (30) days following the birthday of the licensee |
50% of renewal |
n. Reinstatement fee for a salon license will apply for licenses not renewed by January 31 of the following year, or within thirty (30) days following the birthday of the licensee, whichever renewal cycle is chosen by the owner |
50% of renewal |
o. Reinstatement fee for a school license will apply for licenses not renewed by January 31 of the following year, or within thirty (30) days following the birthday of the licensee, whichever renewal cycle is chosen by the owner |
50% of renewal |
p. Lifetime license for a currently licensed practitioner that is 65 years or older and has been actively engaged in the practice or teaching of cosmetology for thirty (30) years or more. Note: Practitioners with an inactive license that otherwise qualifies for the lifetime license will be issued a certificate at no cost to them. |
$50.00 for first license; requests for subsequent copy must pay the duplicate license fee of $25 per license |
q. Hot check fee |
$25 service charge, plus all applicable bank fees, for each returned check |
r. Demonstrator permit fee |
$50.00 annually |
RULE NO.2 REQUIREMENTS FOR COSMETOLOGY AND RELATED OCCUPATIONS
Any person, firm or corporation conducting or operating a cosmetological establishment, school of cosmetology, or beauty salon shall be required to obtain a current establishment license prior to operating said establishment. The proprietor shall be responsible for compliance with the law and all rules promulgated by the Board.
No person shall practice any phase of cosmetology and its related occupations with the intent of receiving compensation when the person does not hold a current and valid license issued by the Board, nor can any licensed cosmetologist practice any phase of cosmetology and its related occupations other than in a licensed beauty salon or wig salon, except when services rendered involve a special event in which the cosmetology service is to be performed for an on-site participant of the event.
A Demonstrator's permit is required for any person who:
The term "Cosmetic" is defined as any product made for beautifying the complexion.
The term "Wig Demonstrator" is defined as a person who fits and arranges a wig, on the head of a client, for the sale of the wig. Demonstrators are only allowed to fit and arrange new wig products and are not allowed to reservice wigs.
Demonstrators shall (a) be free from communicable disease, (b) wash hands before serving each client, and (c) keep bodily clean.
Licensed cosmetological establishments employing Demonstrators shall be responsible for ensuring compliance with the Board's health and safety guidelines and failure to follow these guidelines will result in disciplinary action by the Board.
RULE NO.3 EXAMINATIONS
The Board will admit to examination for a license any person who has acquired training in cosmetology, manicure, aesthetics, electrology, or instructor as stipulated in A.C.A. 17-26-304, 17-26-306, 17-26-307 and 17-26-410. Any person who owes a financial obligation to the Board will be deemed ineligible to examine until the debt is paid in full.
A passing grade of seventy-five (75) is required in the practical part and a grade of seventy (70) is required in the written part pertaining to the mandated curriculum, as well as the state law exam. In addition, a grade of seventy (70) is required on the state law exam when taken independently.
RULE NO.4 REQUIREMENTS FOR BOTH COSMETOLOGICAL SCHOOLS AND ESTABLISHMENTS
For the purpose of these rules the following terms are defined.
No school or salon shall require or permit a student or a practitioner, to massage any surface of the skin or scalp where such skin is inflamed or where a skin infection or eruption is present and/or knowingly, to work upon a person suffering from any infectious, communicable disease or on a client with an infestation of animal parasites which may be transmitted during the performance of the act of cosmetology or any of its branches.
The term "infectious or communicable disease" shall not include human immunodeficiency virus (HIV) or any other disease that similarly does not pose a significant risk to the health or safety of others during the performance of an act of cosmetology or any of its branches.
All disinfected instruments shall be stored in a clean covered place.
Schools of cosmetology will be permitted to utilize the school facilities for non-accredited courses, after regular school hours, provided said school owner disseminates literature that the said course(s) is not approved by the Board. All literature (i.e., forms of media advertisements, pamphlets, etc.), must have prior approval by the Board before communication.
RULE NO.5 COSMETOLOGY ESTABLISHMENT CERTIFICATE OF REGISTRATION AND LICENSURE
Any person, firm, or corporation conducting or operating a cosmetological establishment shall be responsible for compliance with the licensing code and rules of the Board governing cosmetological establishments. Failure to comply with the licensing code and rules shall be grounds for disciplinary action.
RULE NO. 6 COSMETOLOGY SCHOOL REQUIREMENTS
Any person, firm or corporation desiring to conduct a school of cosmetology shall submit an application to the Board for approval.
After all required documentation and fees have been submitted and approved; the Board staff will conduct an initial inspection on all new or re-located schools for the purpose of determining:
The findings of the initial inspection and the application with supporting documentation shall be submitted to the Board for its approval. If the Board approves the initial inspection, a final inspection shall be authorized and conducted by an inspector. The final inspection shall be conducted in order to determine that all information previously submitted to the Board on the "Personal Survey Form," the "Application" and the "Initial Inspection Report," such as the floor space; list of equipment on hand; and all other pertinent information, has been strictly adhered to by the owners or administrators of the proposed school.
No license will be issued to any new school until at least 25 student enrollment forms, supporting documents and enrollment fees have been submitted and at least 25 student permits have been issued.
Any beauty school in the State of Arkansas qualified and approved to teach cosmetology by the Board may teach Electrolysis in epilation, provided they:
A course of three-hundred-fifty (350) hours as a student in conjunction with a regular course in cosmetology and its related occupations or for licensed beauty operator, or a course of six-hundred (600) hours as a student when not in conjunction with a regular course in cosmetology and its related occupations or a licensed beauty operator, shall be required as a prerequisite to qualify for examination in electrology. The training shall include practical training and technical instruction. The school shall establish grades and hold examinations before issuing diplomas in Electrology Training.
Subject |
Cosmetologist |
Unlicensed |
AR Law pertaining to Electrology |
10 hours |
20 hours |
Sterilization, Sanitation, Bacteriology |
25 hours |
50 hours |
Study of Hair |
20 hours |
40 hours |
Study of Skin |
25 hours |
50 hours |
Disorders of Skin and Hair |
20 hours |
40 hours |
Electricity |
25 hours |
50 hours |
Electrology |
150 hours |
200 hours |
Neurology and Angiology |
20 hours |
40 hours |
Development of Practice |
15 hours |
30 hours |
Instructor's Discretion |
40 hours |
80 hours |
Students may receive credit towards their chosen course of study through discretionary off-campus hours. These hours may be obtained by attending educational events relevant to the student's course of study. Credit can only be given for actual time in attendance. Credit shall not be granted for travel time. Students must at all times be accompanied by a bona fide instructor and the instructor/student ratio must at all times meet the standards outlined below in section 6.16. Instructors who accompany students during these activities must keep written record of students' attendance through a sign-in/sign-out sheet.
Schools shall maintain a record of all off-campus events that students participate in for review upon request by the Director or inspector. The record shall include the following information for each event:
STUDENT |
INSTRUCTOR |
1-25 |
1 |
26-50 |
2 |
51-75 |
3 |
School owners who require contracts as a prerequisite for enrollment will be required to file one (1) copy of the contract with the Board and provide a copy to the student. The contract must clearly outline the obligation of both the school and the student in accordance with the terms and conditions stipulated in the school catalog. All contracts must contain the following:
Any school owner who fails to abide by the terms and conditions set out in the school catalog or contract or fails to comply with the procedures for adopting rules and regulations or who is capricious in enforcing school regulations will be subject to a disciplinary hearing before the Board pursuant to Rule No. 10. In the case of a Nationally Accredited School the Board will notify the proper officials of the disposition of the complaint.
RULE NO.7 INSTRUCTOR TRAINING
SUBJECTS |
MINIMUM HOURS |
A) Required preparatory training Teaching of theory and practical operation. Selecting subject matter for class lecture. Preparing class lectures. Conducting a review of all subjects taught. Preparing and grading examinations. Demonstrating practical operations Teaching practical operations. |
50 |
B) Class attendance Classes are to be conducted by a licensed Instructor to prepare instructor-trainee. Instructor-trainee to properly lecture and demonstrate on all subjects of cosmetology. |
100 |
C) Conducting Theory Classes in Cosmetology, Aesthetics, Manicuring or Electrology Theory classes will be conducted under the supervision of a licensed instructor. |
50 |
D) Conducting Practical Classes in Cosmetology, Aesthetics, Manicuring or Electrology |
300 |
E) Method of Keeping Student Records |
10 |
F) Instructor's Discretion |
90 |
Training in subjects in which the individual instructor-trainee may be deficient, or to the practice of Cosmetology |
600 |
A licensed instructor will supervise all classes conducted by a instructor-trainee.
School owners may enroll a maximum of three (3) Instructor/-Trainees for each authorized instructor teaching in the school on a full-time basis. Instructor/Instructor-Trainee Ratio is as follows:
The instructor-trainee(s) shall be under the direct supervision of a full-time licensed instructor at all times. Instructor-trainee(s) may attend on a part-time basis provided the curriculum is observed.
RULE NO. 8 RECIPROCITY REQUIREMENTS
RULE NO.9 LICENSE REVOCATION
A person whose license has been revoked may, after the expiration of one (1) year from the date of such revocation, apply for new license in the manner provided for in the original application, and the Board may, in its discretion, exempt the applicant from examination and grant a new license upon payment of proper fee.
RULE NO.10 COMPLAINT POLICY
Complaints against Board employees will be reviewed by the Board Director. In the event the complainant is unsatisfied with the Director's decision in the matter, the recourse for the complainant will be to file a request with the Board President to bring the matter before the Board.
Complaints against the Director must be submitted to the Board President in writing within ninety (90) days from the date of the infraction. The written request shall explain the nature of the infraction and clearly and concisely state with sufficient details to fully apprise the Board of the basis of the infraction. The matter will be presented to the Board in Executive Session at the next regular meeting unless a special meeting is warranted.
Complaints against a board member may be made to the Boards and Commissions Department of the Governor's Office, as board members are appointed by the Governor.
RULE NO.11 EQUIPMENT AND CHEMICAL USE IN COSMETOLOGY AND ITS RELATED BRANCHES