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17 CAR § 54-207. School of cosmetology and postsecondary school of cosmetology requirements
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 Cosmetology Section office; and
(ii) Receive preapproval from the Department of Health.
(B) The application shall be accompanied by the following information:
(i) Completed application:
(a) Provided by the Department of Health; and
(b) Available on the Department of Health’s website at healthy.arkansas.gov;
(ii) Detailed floor plan of the proposed school showing adequate floor space;
(iii)(a) A current financial statement prepared by a certified public accountant.
(b) If the financial statement is more than one hundred eighty (180) days old, an applicant must also provide a supplemental financial statement within one hundred eighty (180) days of the application.
(c) The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least twelve (12) months without relying on student tuition;
(iv) List of proposed equipment to accommodate twenty-five (25) student applicants for any combination of:
(a) Cosmetology;
(b) Manicure; and
(c) Aesthetics;
(v) Instructor/Supervisor Form for Instructors shall be completed listing detailed information such as instructor’s education, previous work experience, etc.;
(vi) Correspondence from the planning and zoning board certifying that the area in which the proposed school is to be located is properly zoned for this type of business;
(vii) A statement certifying that the owner or owners of the proposed school shall provide not fewer than one thousand five hundred (1,500) hours of continuous training for all cosmetology students enrolled;
(viii) If applicable, a statement certifying the owner or owners shall provide not fewer than six hundred (600) hours of continuous training for all manicure and aesthetic students enrolled;
(ix) The owner shall file a statement designating the name and address of the person who is authorized to:
(a) Accept service of notice from the Department of Health; and
(b) Transact all business negotiations on behalf of the proposed school, including:
(1) Answers to citations and/or hearings; and
(2) Compliance with rulings issued by the Department of Health and/or Cosmetology Technical Advisory Committee;
(x) Samples of all forms to be used in the school, including but not limited to:
(a) Attendance record;
(b) Sign-in sheets;
(c) Student time sheets/card;
(d) Contracts;
(e) Daily activity checklist; and
(f) Progress cards;
(xi) The required registration fee; and
(xii) Proof that the school adopts and discloses to the students the complaint process outlined in 17 CAR § 54-108.
(2) When the above information is received in full, the Department of Health will conduct the initial inspection described in 17 CAR § 54-108(a)(3).
(3) When the school application and initial inspection meet all requirements, the Department of Health will notify the applicant to proceed with school preparations and advertisement for the twenty-five (25) bona fide student permit applications, pending the final inspection.
(4) License will be issued upon approval of final inspection and submission of:
(A) Twenty-five (25) student enrollment forms; and
(B) Required fees and documents.
(b) Application for new private postsecondary school of cosmetology.
(1)(A) Any person, firm, or corporation seeking to open a new postsecondary school of cosmetology shall:
(i) Submit an application to the Cosmetology Section office; and
(ii) Receive preapproval from the Department of Health.
(B) The application shall be accompanied by the following information:
(i) Completed application:
(a) Provided by the Department of Health; and
(b) Available on the Department of Health’s website at healthy.arkansas.gov;
(ii) Detailed floor plan of the proposed school showing adequate floor space;
(iii)(a) A current financial statement prepared by a certified public accountant.
(b) If the financial statement is more than one hundred eighty (180) days old, an applicant must also provide a supplemental financial statement within one hundred eighty (180) days of the application.
(c) The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least twelve (12) months without relying on student tuition;
(iv) List of proposed equipment to accommodate twenty-five (25) student applicants for any combination of:
(a) Cosmetology;
(b) Manicure; and
(c) Aesthetics;
(v) Instructor/Supervisor Form for Instructors shall be completed listing detailed information such as instructor’s education, previous work experience, etc.;
(vi) Correspondence from the planning and zoning board certifying that the area in which the proposed school is to be located is properly zoned for this type of business;
(vii) A statement certifying that the owner or owners of the proposed school shall provide not fewer than one thousand five hundred (1,500) hours of continuous training for all cosmetology students enrolled;
(viii) If applicable, a statement certifying the owner or owners shall provide not fewer than six hundred (600) hours of continuous training for all manicure and aesthetic students enrolled;
(ix) The owner shall file a statement designating the name and address of the person who is authorized to:
(a) Accept service of notice from the Department of Health; and
(b) Transact all business negotiations on behalf of the proposed school, including:
(1) Answers to citations and/or hearings; and
(2) Compliance with rulings issued by the Department of Health and/or committee;
(x) Samples of all forms to be used in the school, including but not limited to:
(a) Attendance record;
(b) Sign-in sheets;
(c) Student time sheets/cards;
(d) Contracts;
(e) Daily activity checklist; and
(f) Progress cards;
(xi) The required registration fee;
(xii) Proof that each student enrolled has a high school diploma or its equivalent; and
(xiii) Proof that the school adopts and discloses to the students the complaint process outlined in 17 CAR § 54-108.
(2) When the above information is provided in full, the Department of Health will conduct the initial inspection described in 17 CAR § 54-108(a)(3).
(3) When the school application and initial inspection meet all requirements, the Department of Health will notify the applicant to proceed with school preparations and advertisement for the twenty-five (25) bona fide student permit applications, pending the final inspection.
(4) License will be issued upon approval of final inspection and submission of:
(A) Twenty-five (25) student enrollment forms; and
(B) Required fees and documents.
(c) Application for a new cosmetology program in a public or state-operated school.
(1)(A) Any public or state-operated school seeking to offer education in cosmetology or its related branches shall submit notice to the Cosmetology Section office and receive preapproval from the Department of Health, as well as to the Division of Higher Education or other governing body.
(B) The notice shall include the following information:
(i) A completed application:
(a) Provided by the Department of Health; and
(b) Available on the Department of Health’s website at healthy.arkansas.gov;
(ii) Documentation that the school’s administration or board has given its approval for the cosmetology program to be offered at the school, as well as of the school’s commitment that there are sufficient financial resources to support the program;
(iii) Name and contact information for the designee at the school who will be responsible to the Department of Health for ensuring the school complies with applicable statutes and rules;
(iv) A statement certifying the school will comply with all laws, including applicable rules regarding qualified instructors and a school supervisor;
(v) A statement certifying the required number of instructional hours of instruction will be provided to students for the appropriate program, as outlined in Arkansas Code §§ 17-26-304, 17-26-306, 17-26-307, and 17-26-410;
(vi) A detailed floor plan reflecting adequate floor space;
(vii) A list of equipment to be used for the program to accommodate twenty-five (25) student applicants for any combination of:
(a) Cosmetology;
(b) Manicure; and
(c) Aesthetics;
(viii) Instructor/Supervisor Form for Instructors shall be completed listing detailed information such as the instructor’s education, previous work experience, etc.;
(ix) Sample of all forms to be used in the school, including but not limited to:
(a) Attendance record;
(b) Sign-in sheets;
(c) Student time sheets/cards;
(d) Daily activity checklist; and
(e) Progress cards;
(x) The required registration fee; and
(xi) Proof that the school adopts and discloses to the students the complaint process outlined in 17 CAR § 54-108.
(2) When the above information is provided in full, the Department of Health will conduct the initial inspection described in 17 CAR § 54-108(a)(3).
(3) When the school application and initial inspection meet all requirements, the Department of Health will notify the applicant to proceed with school preparations and advertisement for the twenty-five (25) bona fide student permit applications, pending the final inspection.
(4) License will be issued upon approval of final inspection and submission of:
(A) Twenty-five (25) student enrollment forms; and
(B) Required fees and documents.
(d) Application for a new postsecondary cosmetology program in a public or state-operated school.
(1)(A) Any public or state-operated postsecondary school seeking to offer education in cosmetology or its related branches shall submit notice to the Cosmetology Section office and receive preapproval from the Department of Health, as well as to the division or other governing body.
(B) The notice shall include the following information:
(i) A completed application:
(a) Provided by the Department of Health; and
(b) Available on the Department of Health’s website at healthy.arkansas.gov;
(ii) Documentation that the postsecondary school’s administration or board has given its approval for the cosmetology program to be offered at the school, as well as of the school’s commitment that there are sufficient financial resources to support the program;
(iii) Name and contact information for the designee at the school who will be responsible to the Department of Health for ensuring the school complies with applicable statutes and rules;
(iv) A statement certifying the school will comply with all laws, including applicable rules regarding qualified instructors and a school supervisor;
(v) A statement certifying the required number of instructional hours of instruction will be provided to students for the appropriate program, as outlined in Arkansas Code §§ 17-26-304, 17-26-306, 17-26-307, and 17-26-410;
(vi) A detailed floor plan reflecting adequate floor space;
(vii) A list of equipment to be used for the program to accommodate twenty-five (25) student applicants for any combination of:
(a) Cosmetology;
(b) Manicure; and
(c) Aesthetics.
(viii) Instructor/Supervisor Form for Instructors shall be completed listing detailed information such as the instructor’s education, previous work experience, etc.
(ix) Sample of all forms to be used in the school, including but not limited to:
(a) Attendance record;
(b) Sign-in sheets;
(c) Student time sheets/cards;
(d) Daily activity checklist; and
(e) Progress cards;
(x) The required registration fee;
(xi) Proof that each student enrolled has a high school diploma or its equivalent; and
(xii) Proof that the school adopts and discloses to the students the complaint process outlined in 17 CAR § 54-108.
(2) When the above information is provided in full, the Department of Health will conduct the initial inspection described in 17 CAR § 54-108(a)(3).
(3) When the school application and initial inspection meet all requirements, the Department of Health will notify the applicant to proceed with school preparations and advertisement for the twenty-five (25) bona fide student permit applications, pending the final inspection.
(4) License will be issued upon approval of final inspection and submission of:
(A) Twenty-five (25) student enrollment forms; and
(B) Required documents.
(e) Application for a relocated school of cosmetology or postsecondary school of cosmetology.
(1)(A) When the location of a school of cosmetology or postsecondary school of cosmetology licensed to offer cosmetology or related programs changes from the location that appears on the original application, the owner of record shall:
(i) File an application with the Cosmetology Section office; and
(ii) Receive preapproval from the Cosmetology Section.
(B) An application must include the following items of documentation before any relocation can occur:
(i) A detailed floor plan reflecting adequate floor space;
(ii) A list of equipment to be used for the program to accommodate twenty-five (25) student applicants for any combination of:
(a) Cosmetology;
(b) Manicure; and
(c) Aesthetics;
(iii) Instructor/Supervisor Form for Instructors shall be completed listing detailed information such as the instructor’s education, previous work experience, etc.;
(iv) Sample of all forms to be used in the school of cosmetology or postsecondary school of cosmetology, including but not limited to:
(a) Attendance record;
(b) Sign-in sheets;
(c) Student time sheets/cards;
(d) Daily activity checklist; and
(e) Progress cards;
(v) All relocated schools of cosmetology or postsecondary schools of cosmetology shall meet physical requirements as for new schools; and
(vi) The required registration fee.
(2) When the above information is provided in full, the Department of Health will conduct the initial inspection described in 17 CAR § 54-108.
(3) When the school of cosmetology or postsecondary school of cosmetology application and initial inspection meet all requirements, the Department of Health will notify the applicant to proceed with school of cosmetology or postsecondary school of cosmetology preparations, pending the final inspection.
(4) License will be issued upon approval of final inspection.
(f) Building requirements.
(1) All schools of cosmetology or postsecondary schools of cosmetology shall be equipped to do and actually perform all services designated under Arkansas Code § 17-26-101.
(2)(A) The school of cosmetology or postsecondary school of cosmetology shall be of fireproof construction.
(B) All schools shall have a front and back entrance.
(C) No partitions will be permitted except for the specified spaces listed below.
(3)(A) All schools of cosmetology or postsecondary schools of cosmetology must be separated from any other business with solid walls.
(B) Cosmetology establishments that are located in the same building shall:
(i) Be separated by a solid physical barrier; and
(ii) Have separate entrances.
(4)(A) All schools of cosmetology or postsecondary schools of cosmetology shall have sufficient light fixtures and wiring that shall be approved by a licensed electrician or city inspector.
(B) Said electrician or inspector shall certify that wiring and fixtures are adequate for the building size and purpose for which they are to be used.
(5) The school of cosmetology or postsecondary school of cosmetology building shall be completely air conditioned and centrally heated.
(6) There shall be sufficient hot water supply and pressure to accommodate all services performed throughout the workday, and these shall be installed in accordance with the 2018 Arkansas Plumbing Code, 17 CAR pt. 65.
(7) The school of cosmetology or postsecondary school of cosmetology shall be approved by the Department of Health as to:
(A) Space;
(B) Light;
(C) Ventilation;
(D) Hygienic environment; and
(E) Equipment.
(8) Interior floor space shall be not fewer than two thousand five hundred square feet (2,500 sq. ft.) of area for a maximum of twenty-five (25) students.
(9)(A) Student practical training area or clinic area shall contain not fewer than one thousand two hundred square feet (1,200 sq. ft.) of open space, with no walls to obstruct the view of the instructor.
(B) The clinic square footage requirements are for a maximum enrollment of twenty-five (25) students.
(C) Enrollment capacity in excess of twenty-five (25) students will be established by the square footage contained in the reception area and excess footage over the required one thousand two hundred square feet (1,200 sq. ft.) in the clinic.
(D) Every fifty square feet (50 sq. ft.) of space in the aforementioned area will increase the enrollment capacity by one (1).
(E) A classroom is required and shall be not fewer than two hundred seventy-five square feet (275 sq. ft.).
(F) The classroom must be equipped with items conducive to promote a teaching and learning environment that accommodates both the instructor and students.
(G) Vending machines shall not be in the classroom.
(10)(A) The clinical area shall contain stations and chairs, shampoo bowls and chairs, dryers with chairs, manicuring tables with chairs, and facial chairs to accommodate a minimum of twenty-five (25) students for any combination of:
(i) Cosmetology;
(ii) Manicure; and
(iii) Aesthetics.
(B) Other equipment not used for the instruction of the practical work will not be permitted.
(11)(A) Restrooms are required.
(B) Restrooms shall contain a commode and lavatory.
(C) Floors must be a washable surface.
(12)(A) A reception area shall be required.
(B) The reception area shall contain a desk or counter and chairs for clients.
(C) This area shall not contain any equipment used by the students in the practical work.
(13) An enclosed supply room will be required to keep all cleaning equipment, such as mops, brooms, scrub pails, etc.
(14)(A) An enclosed dispensary room:
(i) Is required to store supplies used by students; and
(ii) Shall be separated by solid walls from the clinic area.
(B) All extra supplies not being used must be stored.
(15) Storage space shall be provided for students to store individual personal items.
(16)(A) Office space shall be provided for student and school of cosmetology or postsecondary school of cosmetology business records that contains equipment and furniture necessary to reasonably accommodate an administrative office.
(B) Office spaces that are not within the school building must be within one (1) mile of the actual school.
(C) All student files and records must be kept in one (1) location.
(17)(A) Break room or lounge room will be provided.
(B) Eating will not be permitted in the clinical area of the school of cosmetology or postsecondary school of cosmetology.
(g) Equipment.
(1)(A) All equipment for new, existing, and relocated schools of cosmetology or postsecondary schools of cosmetology shall be in good workable condition.
(B) The equipment shall be appropriately maintained in order to promote the health and safety of school of cosmetology or postsecondary school of cosmetology:
(i) Employees;
(ii) Students; and
(iii) Clients.
(2) An adequate supply of furnishings shall be maintained in the classroom to sufficiently accommodate the enrolled students.
(3) An adequate supply of working equipment for all cosmetology courses shall be maintained in the school to reasonably accommodate the clientele received in the school of cosmetology or postsecondary school of cosmetology.
(4) Each school of cosmetology or postsecondary school of cosmetology shall maintain a time clock to register student hours for reporting to the Department of Health.
(h) Initial inspection of a new or relocated school of cosmetology or postsecondary school of cosmetology. After all required documentation and fees have been submitted and approved, the Department of Health will conduct an initial inspection on all new or relocated schools for the purpose of determining suitability based on submitted documentation with application:
(1) Of proposed rooms, including adequacy of floor space, plumbing, ventilation, lighting, etc.;
(2) Of proposed layout;
(3) Of proposed items of equipment and material; and
(4)(A) Satisfactory evidence of proper provisions for duly licensed instructors.
(B) The findings of the initial inspection and the application with supporting documentation shall be submitted to the Department of Health for its approval.
(i) Final inspection of new or relocated school of cosmetology or postsecondary school of cosmetology.
(1) A final inspection shall be conducted by an inspector in order to determine that all information previously submitted to the Department of Health on the Instructor/Supervisor 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.
(2) No license will be issued to any new school until:
(A) An inspection report of compliance is received;
(B) At least twenty-five (25) student enrollment forms, supporting documents, and enrollment fees have been submitted; and
(C) At least twenty-five (25) student permits have been issued.
(3) If an application is granted and thereafter the Department of Health discovers that false statements were made in connection therewith, this shall constitute sufficient grounds for the cancellation of the school license even though the false statements are detected after a license has been issued.
(4) The Department of Health may deny a school license to any applicant or licensee upon reasonable evidence that the school or its officials would jeopardize the health and safety of the public.
(5) A school license shall not be issued until the owner of record files with the Department of Health a sworn affidavit designating who is authorized to:
(A) Accept service of notice from the Department of Health; and
(B) Transact all business negotiations on behalf of the school, including:
(i) Answers to citations for hearing; and
(ii) Compliance with rulings issued by the committee.
(j) Routine inspection of schools of cosmetology or postsecondary schools of cosmetology. Schools of cosmetology and postsecondary schools of cosmetology shall be inspected:
(1) At least twice a year to ensure compliance with the licensing law and rules promulgated by the State Board of Health, unless complaints are received by the Department of Health.
(2)(A) To determine compliance with applicable licensing code and rules governing cosmetology schools and programs administered in a state or public-operated school, during an inspection, the Department of Health or its representative may:
(i) Review the records maintained by the school of cosmetology or postsecondary school of cosmetology;
(ii) Review the course outline and lesson plans; and
(iii) Generally evaluate the operation of the school of cosmetology or postsecondary school of cosmetology.
(B) Failure to comply with the licensing requirements will be grounds for disciplinary action and license revocation.
(3) To determine compliance of all student files and records for schools of cosmetology or postsecondary schools of cosmetology, the Department of Health or its representative may review all student files for accuracy.
(4)(A) Any school of cosmetology or postsecondary school of cosmetology that fails to abide by the terms and conditions set out in the school of cosmetology or postsecondary school of cosmetology catalog or contract, fails to comply with the procedures for adopting rules, or is capricious in enforcing school of cosmetology or postsecondary school of cosmetology rules may be subject to a disciplinary hearing before the committee pursuant to 17 CAR § 54-108.
(B) In the case of a nationally accredited school of cosmetology or postsecondary school of cosmetology, the Department of Health will notify the proper officials of the disposition of the complaint.
(k) Purchase of an existing school of cosmetology or postsecondary school of cosmetology. Any person, firm, or corporation seeking to purchase an existing school of cosmetology or postsecondary school of cosmetology shall submit the following information at least thirty (30) days prior to the purchase:
(1) An application shall be filed to reflect the change of ownership;
(2) The new owner shall file a statement designating the name and address of the person who is authorized to:
(A) Accept service of notice from the Department of Health; and
(B) Transact all business negotiations on behalf of the school of cosmetology or postsecondary school of cosmetology, including:
(i) Answers to citations for hearings; and
(ii) Compliance with rulings issued by the Department of Health;
(3) Instructor Form shall be completed listing detailed information such as the instructor’s education, previous work experience, etc.;
(4)(A) A current financial statement prepared by a certified public accountant.
(B) If the financial statement is more than one hundred eighty (180) days old, an applicant must also provide a supplemental financial statement within one hundred eighty (180) days of the application.
(C) The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least twelve (12) months without relying on student tuition;
(5) Copy of the legal change of ownership document;
(6) Copy of the new owner’s government-issued photo identification;
(7) Samples of all forms to be used in the school of cosmetology or postsecondary school of cosmetology, including but not limited to:
(A) Attendance record;
(B) Sign-in sheets;
(C) Student time sheets/cards;
(D) Contracts;
(E) Daily activity checklist; and
(F) Progress cards; and
(8) The required registration fee.
(l) Registration requirements.
(1)(A) All students of cosmetology, manicuring, electrology, aesthetics, and teacher training shall be registered, processed, and a student permit issued from the Department of Health before accredited hours can be obtained.
(B) Registration prerequisites are as follows:
(i)(a) Registration form, forms provided by the Department of Health.
(b) The completed registration form must be received, processed, and a student permit issued by the Department of Health before accredited hours can be obtained;
(ii) One (1) copy of the student/school of cosmetology or postsecondary school of cosmetology contract, if applicable;
(iii) A copy of the student’s driver’s license or other form of identification verifying the student’s age;
(iv) Proof of education:
(a) For postsecondary schools of cosmetology, proof of a high school diploma or its equivalent;
(b) For schools of cosmetology — cosmetology, aesthetics, and manicuring, completed a minimum of two (2) years of high school or its equivalent;
(c) Electrology and instructor, completed four (4) years of high school or its equivalent; and
(d) Results from a test that is approved by the United States Department of Education to measure a student’s ability to benefit (an “Ability-To-Benefit test”) may be used to determine a student’s equivalency to the above; and
(v) Required registration fee.
(2) Failure to comply with the above-mentioned prerequisites will affect the matriculation date.
(3)(A) All registration forms must state the student’s full legal name.
(B) If the student is married, include the married name after their maiden name.
(C) If a student is married or divorced during the course of training, a copy of the marriage certificate or divorce decree shall be submitted to the Department of Health before records will be changed.
(4) A student who has completed the registration process and whose information is on file with the Department of Health shall complete a student enrollment form without submitting additional documents other than the student permit fee and a method of identification containing a photograph of the student.
(5) In the event a student has training from another state, then the student must provide the following to the Department of Health Cosmetology Section and the school of cosmetology or postsecondary school of cosmetology in which the student wishes to enroll:
(A) A certified copy of the training hours accumulated and certified with the state; or
(B) If the state does not certify hours, an official transcript from the school of cosmetology or postsecondary school of cosmetology where the student obtained the hours.
(m) Cosmetology curriculum for schools of cosmetology or postsecondary schools of cosmetology.
(1) A total of one thousand five hundred (1,500) hours shall:
(A) Be required in the cosmetology program; and
(B) Consist of the following curricula:
(i)(a) Hygiene and sanitation, eighty (80) hours.
(b) Instructions in sanitation, sterilization, hygiene, lighting, and ventilation, etc.
(c) General sanitation duties performed by students shall not exceed more than fifteen (15) minutes per day.
(d) Students are:
(1) Required to maintain their stations as warranted; and
(2) Responsible for their actions or mishaps.
(ii)(a) Related science, one hundred twenty (120) hours.
(b) Physiotherapy or cosmetricity (pertaining to electricity used in cosmetology), physiology and histology anatomy, neurology, myology, and osteology, etc.;
(iii)(a) Hairdressing, one thousand (1,000) hours.
(b) A course in cleaning hair, shampooing, haircutting, clipping, singeing, dying, tinting, bleaching, scalp massage, brushing and combing, curling, permanent waving and reconditioning hair, wiggery, thermal pressing, iron curling, chemical relaxing, etc.;
(iv)(a) Manicuring, one hundred (100) hours.
(b) A course in the construction, filing, and shaping of the nails, loosening and removing the dead cuticle, and the art of hand, arm, foot, and ankle massage, etc.;
(v)(a) Aesthetics, one hundred (100) hours.
(b) A course in the skin, various kinds of facial massage, cosmetics, application of treatment products, the art of makeup, eyebrow shaping, eyebrow and eyelash dying, hair removal, etc.;
(vi)(a) Salesmanship and shop management, fifty (50) hours.
(b) Instruction in how to keep records, knowledge of business law, cosmetology law, rules, booking appointments, retailing;
(vii)(a) Professional ethics, forty-nine (49) hours.
(b) Courtesy, neatness, and professional attitude in meeting the public, etc.; and
(viii) One-hour domestic violence and sexual assault training as set forth in Arkansas Code § 17-26-205(a), etc.
(2)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of five (5) hours each week in theoretical instruction of each student enrolled.
(B) This requirement may be modified by prorating the hours when necessary depending upon the school of cosmetology or postsecondary school of cosmetology schedule provided the student is receiving quality theoretical instruction to prepare him or her for examination.
(3) The time of the classroom instruction class shall be registered with the Department of Health.
(4) Students shall not be permitted to leave the classroom during theoretical instruction to work on clients.
(5) To qualify for the cosmetology examination, students must acquire a minimum of one hundred fifty (150) hours in theoretical instruction.
(6) 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 school upon a client who is paying for services or materials.
(7)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of ten (10) services on a client or a mannequin per week for each student enrolled who has acquired one hundred fifty (150) hours of instruction.
(B) Students shall be assigned to clients on the basis of respective learning needs.
(8)(A) Pursuant to Acts 2021, No. 724, the curriculum described in this section may be completed through supervisory learning in a classroom, online, or on a distance education platform for up to fifty percent (50%) of the student's training program as authorized by the United States Department of Education as existed on January 1, 2021.
(B) All clinical work or experience must be completed under the direct supervision of a licensed instructor present at the school.
(n) Manicure curriculum for schools of cosmetology or postsecondary schools of cosmetology.
(1) A total of six hundred (600) hours in manicure training shall consist of the following subjects and hours:
(A) Health, Sanitation, and Infection Control, seventy-five (75) hours;
(B) Health Related Science, seventy-five (75) hours;
(C) Manicuring and Pedicuring, two hundred (200) hours;
(D) Advance Nail Technology, two hundred (200) hours;
(E) Career Development, forty-nine (49) hours; and
(F) One (1) hour of domestic violence and sexual assault training as set forth in Arkansas Code § 17-26-205(a), etc.
(2)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of five (5) hours each week in theoretical instruction of each student enrolled.
(B) This requirement may be modified by prorating the hours when necessary depending upon the school schedule, provided the student is receiving quality theoretical instruction to prepare him or her for examination.
(3) The time of the classroom instruction class shall be registered with the Department of Health.
(4) Students shall not be permitted to leave the classroom during theoretical instruction to work on clients.
(5) A student for a license as a manicurist, after sixty (60) hours of instruction, may engage in the school as a student in work connected with manicuring taught in the school upon a client who is paying for service or materials.
(6) To qualify for the manicure examination, students must acquire a minimum of sixty (60) hours in theoretical instruction.
(7)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of ten (10) services per week for each student enrolled who has acquired sixty (60) hours.
(B) Students shall be assigned to clients on the basis of respective learning needs.
(8)(A) Pursuant to Acts 2021, No. 724, the curriculum described in this section may be completed through supervisory learning in a classroom, online, or on a distance education platform for up to fifty percent (50%) of the student's training program as authorized by the United States Department of Education as existed on January 1, 2021.
(B) All clinical work or experience must be completed under the direct supervision of a licensed instructor present at the school.
(o) Aesthetic curriculum for schools of cosmetology or postsecondary schools of cosmetology.
(1) A total of six hundred (600) hours in the Aesthetician course shall consist of the following subjects and hours:
(A) Chemistry, forty (40) hours;
(B) Physiology, thirty-five (35) hours;
(C) Bacteriology & Sanitation, thirty-five (35) hours;
(D) Introduction of Skin Care, forty-five (45) hours;
(E) Skin Care, one hundred fifty (150) hours;
(F) Makeup and Corrective Makeup, fifty (50) hours;
(G) Eyebrow and Lashes, forty (40) hours;
(H) Hair Removal, forty (40) hours;
(I) Safety Precautions, twenty (20) hours;
(J) Professional & Personality Development, twenty (20) hours;
(K) Management, twenty (20) hours;
(L) Salesmanship, fifteen (15) hours;
(M) State Laws and Rules, ten (10) hours;
(N) Testing Evaluation, fifteen (15) hours;
(O) Instructor’s Discretion, sixty-four (64) hours; and
(P) One (1) hour of domestic violence and sexual assault training as set forth in Arkansas Code § 17-26-205(a), etc.
(2)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of five (5) hours each week in theoretical instruction of each student enrolled.
(B) This requirement may be modified by prorating the hours when necessary depending upon the school schedule, provided the student is receiving quality theoretical instruction to prepare him or her for examination.
(3) The time of the classroom instruction class shall be registered with the Department of Health.
(4) Students shall not be permitted to leave the classroom during theoretical instruction to work on clients.
(5) A student for a license as an aesthetician, after sixty (60) hours of instruction, may engage in the school as a student in work connected with aesthetics taught in the school upon a client who is paying for service or materials.
(6) To qualify for the cosmetology examination, students must acquire a minimum of sixty (60) hours of theoretical instruction.
(7)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of ten (10) services per week for each student enrolled who has acquired sixty (60) hours.
(B) Students shall be assigned to clients on the basis of respective learning needs.
(8)(A) Pursuant to Acts 2021, No. 724, the curriculum described in this section may be completed through supervisory learning in a classroom, online, or on a distance education platform for up to fifty percent (50%) of the student's training program as authorized by the United States Department of Education as existed on January 1, 2021.
(B) All clinical work or experience must be completed under the direct supervision of a licensed instructor present at the school.
(p) Electrology for schools of cosmetology or postsecondary schools of cosmetology.
(1) Requirements. Any school of cosmetology or postsecondary school of cosmetology in the State of Arkansas qualified and approved to teach cosmetology by the Department of Health may teach electrolysis in epilation, provided it:
(A) Shows proof of a qualified electrolysis instructor who shall be licensed by the board; and
(B) Meets the minimum requirements in equipment necessary to teach electrolysis in epilation.
(2) Training course.
(A) 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.
(B) The training shall include practical training and technical instruction.
(C) The school of cosmetology or postsecondary school of cosmetology shall establish grades and hold examinations before issuing diplomas in Electrology Training.
(3) Electrology curriculum for schools of cosmetology or postsecondary schools of cosmetology.
| 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 | 39hours | 79hours |
| Domestic violence and sexual assault training as set forth in A.C.A § 17-26- 205(a), etc. | 1 hour | 1 hour |
(4)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of five (5) hours each week in theoretical instruction of each student enrolled.
(B) This requirement may be modified by prorating the hours when necessary depending upon the school schedule, provided the student is receiving quality theoretical instruction to prepare him or her for examination.
(5) The time of the classroom instruction class shall be registered with the Department of Health.
(6) Students shall not be permitted to leave the classroom during theoretical instruction to work on clients.
(7) A student for a license as an electrologist, after sixty (60) hours of instruction, may engage in the school as a student in work connected with electrology taught in the school upon a client who is paying for service or materials.
(8) To qualify for the cosmetology examination, students must acquire a minimum of sixty (60) hours in theoretical instruction.
(9)(A) All schools of cosmetology or postsecondary schools of cosmetology shall provide a minimum of ten (10) services per week for each student enrolled who has acquired sixty (60) hours.
(B) Students shall be assigned to clients on the basis of respective learning needs.
(10)(A) Pursuant to Acts 2021, No. 724, the curriculum described in this section may be completed through supervisory learning in a classroom, online, or on a distance education platform for up to fifty percent (50%) of the student's training program as authorized by the United States Department of Education as existed on January 1, 2021.
(B) All clinical work or experience must be completed under the direct supervision of a licensed instructor present at the school.
(q) Facility use for nonaccredited courses.
(1) Schools of cosmetology and postsecondary schools of cosmetology will be permitted to utilize the school facilities for nonaccredited courses after regular school hours, provided said school owner disseminates literature that the said course or courses are not approved by the Department of Health.
(2) All literature (i.e., forms of media advertisements, pamphlets, etc.), must have prior approval by the Department of Health before communication.
(r) Discretionary acceptance of certified courses from related educational training.
(1) Each school, postsecondary school, training facility, or postsecondary institution may accept curriculum hours in accordance with the conversion table in Appendix A.
(2) Each school, postsecondary school, training facility, or postsecondary institution will submit the appropriate documentation supporting the accepted curriculum hours received under related educational training.
(3) This section shall not apply to schools or postsecondary schools for electrology.
(s) Discretionary off-campus student hours for schools of cosmetology or postsecondary schools of cosmetology.
(1)(A) Students may receive credit towards their chosen course of study through discretionary off-campus hours.
(B) These hours may be obtained by attending educational events relevant to the student’s course of study.
(C) Credit can only be given for actual time in attendance.
(D) Credit shall not be granted for travel time.
(E) Students must at all times be accompanied by a licensed instructor, and the instructor/student ratio must at all times meet the standards outlined below in section.
(F) Instructors who accompany students during these activities must keep a written record of students’ attendance through a sign-in/sign-out sheet.
(2)(A) Schools of cosmetology and postsecondary schools of cosmetology shall maintain a record of all off-campus events that students participate in for review upon request by a representative of the Department of Health.
(B) The record shall include the following information for each event:
(i) Name and location of the educational event;
(ii) Date of the educational event;
(iii) List of each instructor in attendance;
(iv) Sign-in/sign-out sheet;
(v) List of each student in attendance; and
(vi) Number of hours earned by each student.
(t) Instructor/enrolled student ratio.
(1)(A) Instructors shall not be permitted to perform cosmetology services for students.
(B) However, the instructor will be permitted to assist the student when needed in the clinical area.
(2)(A) Every person employed in a school of cosmetology or postsecondary school of cosmetology to instruct students therein shall be currently licensed by the board or be an enrolled instructor-trainee who has completed at least fifty percent (50%) of the required training.
(B) There must be at least one (1) licensed instructor instructing the students.
(C) Instructor/enrolled student ratio shall be as follows:
STUDENT | INSTRUCTOR |
1-25 | 1 |
26-50 | 2 |
51-75 | 3 |
(3) All schools of cosmetology and postsecondary schools of cosmetology shall have an additional instructor subject to call at all times in the event the regular instructor is ill or absent from the school.
(4) Instructors shall be permitted to tutor students after school hours, providing:
(A) Services are not performed on the public during tutoring sessions; and
(B) Students are not given credit for hours spent in the tutoring capacity.
(u) Responsibility of school of cosmetology or postsecondary school of cosmetology.
(1) Training requirements.
(A)(i) Actual experience time is defined as classroom instruction or clinical work or experience under supervision of a licensed instructor.
(ii) The only creditable time permitted when the clinic facility is closed will be classroom instruction.
(B)(i) All schools of cosmetology or postsecondary schools of cosmetology shall provide each student enrolled the opportunity to acquire the entire course of training uninterrupted by unscheduled vacations or any reason that may cause a delay in the completion of such course.
(ii) Any unforeseen or unexpected circumstances arising in closure of the school during normal business hours, the Department of Health must be notified via email to cosmo@arkansas.gov.
(C) Certification of training form.
(i)(a) The school shall certify the training in accordance with the required curriculum for examination and license.
(b) This provision does not prohibit a school from suspending a student for disciplinary reasons.
(c) Grounds for suspension shall be determined by the owner.
(d) Only students who have been placed on probation as a result of a previous infraction of the school rules or policies may be suspended from school.
(e) Duration of a suspension shall be set forth in the school catalog.
(ii)(a) Certification of Hours Forms must be filed with the Department of Health within forty-five (45) calendar days immediately following termination of student (last day of attendance).
(b) Hours of instruction acquired by the student may not be deducted or increased for any reason.
(c) Increase or decrease of creditable hours is prohibited.
(d) If a Certificate of Training is not received within the forty-five (45) days:
(1) The student will be dropped by the Department of Health; and
(2) All hours will be certified.
(iii) No school of cosmetology or postsecondary school of cosmetology owner or instructor shall ever refuse to submit a Certificate of Training form for a student, as well as a student-signed Balance Due on Tuition form, if applicable, pursuant to subdivision (u)(1) of this section.
(D)(i) Certification of Hours Forms should be completed by the designated school official, along with the student training permit and paid-in-full contract.
(ii) Only the hours that have been accrued during the current enrollment shall be certified.
(iii) In the event a student has not paid for all of the accumulated hours, a notation shall be made at the bottom of the certification form stating the number of uncertified hours.
(iv) Uncertified hours will not be released until a new certification form is submitted.
(v) Certification of Hours Forms:
(a) May be obtained from the Department of Health upon request; and
(b) Are available for downloading on the Department of Health’s website at healthy.arkansas.gov.
(E) Required textbooks.
(i) The Department of Health must approve textbooks.
(ii) Textbooks must adequately cover the prescribed curricula and prepare students for state testing.
(iii) Textbook material must be completed before one thousand five hundred (1,500) hours are completed.
(iv) Other textbooks and reference material may be used to enhance the Cosmetology course.
(2) Monthly reports for schools of cosmetology or postsecondary schools of cosmetology.
(A)(i) All schools of cosmetology or postsecondary schools of cosmetology are required to report monthly hours to the Cosmetology Section database by the last day of each month for all students currently enrolled in the school during the prior month.
(ii) The monthly report shall reflect the:
(a) Number of hours acquired in the school during the prior month; and
(b) Accumulated hours during the current enrollment.
(B)(i) The Cosmetology Section will notify the school of cosmetology or postsecondary school of cosmetology when an error has been made on the monthly report.
(ii) Upon receipt of this notification, the school owner or instructor is required to check their records and apprise the Cosmetology Section office of the corrections made within the week.
(C)(i) All schools of cosmetology or postsecondary schools of cosmetology have thirty (30) calendar days from the submission date of the monthly report to report any errors in the hours submitted on the monthly report.
(ii) Copies of the time cards and/or supporting documentation related to the error shall support corrections.
(D) No changes to student hours will be made after the thirty-day timeframe without good cause.
(3) Student records for schools of cosmetology or postsecondary schools of cosmetology.
(A)(i) Every school of cosmetology or postsecondary school of cosmetology shall keep a daily record of attendance on each student enrolled.
(ii) A time clock shall be used for the purpose of recording hours.
(B)(i) Every school of cosmetology or postsecondary school of cosmetology shall keep a daily record of the student’s activity.
(ii) The time the student has acquired in the various phases of cosmetology or its related branches shall be recorded on this record.
(C) The school of cosmetology or postsecondary school of cosmetology shall establish a grading system and hold examinations before issuing diplomas.
(D) All necessary basic subjects, in accordance with the Department of Health’s curriculum, shall be taught in the proper sequence and depth to prepare each student both for the licensing examination and for successful entry-level work in the profession.
(E)(i) A course outline and daily lesson plans shall be used by the school of cosmetology or postsecondary school of cosmetology.
(ii) A course outline shall be provided to students so they will be apprised of the upcoming activities.
(F) Every school of cosmetology or postsecondary school of cosmetology shall maintain a student folder containing:
(i) The student’s daily record of attendance;
(ii) The student’s daily record of activity;
(iii) The student’s examination scores;
(iv) The student’s enrollment documents;
(v) The signed student contract;
(vi) The signed financial agreements between the school and the student; and
(vii) Any disciplinary actions.
(4) Tuition and fees for schools of cosmetology or postsecondary schools of cosmetology.
(A)(i) Every school of cosmetology or postsecondary school of cosmetology shall fix its tuition at such an amount as will enable it to furnish, without further charge to the student, all supplies used on the public or on mannequins.
(ii) Each student shall have access to a complete kit of tools, textbook, and copies of the instructional materials used prior to the beginning of the course in which those materials are needed.
(iii) A kit, as described in the school catalog, purchased by the student for a fee not included as part of the tuition must be provided to the student on the first day of attendance.
(B) The student shall not be permitted to remove the kit from the school of cosmetology or postsecondary school of cosmetology until such time as the student has completed his or her training or withdraws from the school of cosmetology or postsecondary school of cosmetology, provided the student has purchased the kit from the school of cosmetology or postsecondary school of cosmetology.
(5) School catalog for schools of cosmetology or postsecondary schools of cosmetology.
(A) Every school of cosmetology or postsecondary school of cosmetology shall set forth basic information about itself in a catalog that is:
(i) Kept up-to-date;
(ii) Made available to prospective students; and
(iii) Submitted to the Department of Health with the original application.
(B) The catalog must include the following items at a minimum:
(i) Name and address of the school of cosmetology or postsecondary school of cosmetology;
(ii) Hours of operation, to include scheduled closures such as holidays and vacations;
(iii) Date of publication;
(iv) When the school of cosmetology or postsecondary school of cosmetology was established;
(v) Admission requirements;
(vi) Educational objectives of each program;
(vii) Length of course and course description;
(viii) Grading system;
(ix) Graduation requirements;
(x) Type of document received upon graduation;
(xi) Refund policy;
(xii) Name or names of owners; and
(xiii) Scholarship and fee waiver policies.
(C) Either the catalog or a dated supplement to the catalog must include:
(i) Total tuition for the course;
(ii) Books and supplies;
(iii) Registration fee or enrollment fee;
(iv) Charges for extra instruction;
(v) All other costs assessed to students;
(vi) Details, conditions, and methods of payment of monies owed to the school of cosmetology or postsecondary school of cosmetology;
(vii) School of cosmetology or postsecondary school of cosmetology policies and rules;
(viii) Disciplinary action for failure to abide by policies or rules; and
(ix) Names of administrative staff and faculty of the school of cosmetology or postsecondary school of cosmetology.
(D)(i) Prior to adoption, amendment, or repeal of any rule or catalog, the school of cosmetology or postsecondary school of cosmetology shall give notice of its intended action to the students enrolled in the school of cosmetology or postsecondary school of cosmetology.
(ii)(a) The notice shall include the following:
(1) The effective date;
(2) Whether the rule or rules are new, repeals, or changes to an existing rule; and
(3) What the rule or rules are.
(b) After the students are given notice in the proper form, all students enrolled in said school of cosmetology or postsecondary school of cosmetology will be required to sign a document stating that they have been apprised of the intended action.
(E) Notice to the Department of Health.
(i) After the rule or rules have been adopted by the school of cosmetology or postsecondary school of cosmetology, a supplement that contains the revisions shall be attached to all catalogs that the school of cosmetology or postsecondary school of cosmetology has on hand.
(ii) Any amendments to the catalog must be submitted via email to the Department of Health as well as distributed to currently enrolled students.
(6) School of cosmetology or postsecondary school of cosmetology contracts.
(A) School of cosmetology or postsecondary school of cosmetology owners who require contracts as a prerequisite for enrollment will be required to:
(i) File one (1) copy of the contract with the Department of Health; and
(ii) Provide a copy to the student.
(B) The contract must clearly outline the obligation of both the school of cosmetology or postsecondary school of cosmetology and the student in accordance with the terms and conditions stipulated in the school catalog.
(C)(i) All contracts must contain the following:
(a) The name and address of the school of cosmetology or postsecondary school of cosmetology;
(b) The name and address of the applicant;
(c) Course of training — Total hours of instruction;
(d)(1) School term.
(2) Stipulate full-time or part-time.
(3) Must state the number of hours each day and days per week;
(e) Schedule of payments.
(1) State tuition and whether the tuition includes the cost of the kit and book.
(2) If the kit and book are not included in the tuition, said items must be itemized.
(3) The down payment, balance of the contract, and the monthly payments must be stated;
(f) The school of cosmetology or postsecondary school of cosmetology refund policy must be stated;
(g) Acknowledgement that the student received a copy of the school of cosmetology or postsecondary school of cosmetology rules and catalog; and
(h)(1) Contracts of an underage student shall be signed by a parent or guardian.
(2) Parent or guardian signature is required for students under eighteen (18) years of age.
(ii) All school of cosmetology or postsecondary school of cosmetology contracts must be fully executed.
(v) Instructor training for schools of cosmetology or postsecondary schools of cosmetology and renewal requirements — Requirements for schools of cosmetology or postsecondary schools of cosmetology.
(1) The instructor training curriculum is designed as a course to extend over a period of not fewer than four (4) months and not fewer than six hundred (600) hours of training.
(2) An instructor-trainee shall:
(A) Be licensed as a cosmetologist, manicurist, aesthetician, or electrologist in the State of Arkansas;
(B) Be registered as an instructor-trainee with the Department of Health;
(C) Be under the supervision of a licensed instructor at all times;
(D) Not be authorized to verify student daily slips; and
(E) Be given a written examination after completion of each subject by the licensed instructor.
(w) Instructor curriculum for schools of cosmetology or postsecondary schools of cosmetology.
(1) Subjects and minimum hours:
(A) Required preparatory training, fifty (50) hours:
(i) Teaching of theory and practical operation;
(ii) Selecting subject matter for class lecture;
(iii) Preparing class lectures;
(iv) Conducting a review of all subjects taught;
(v) Preparing and grading examinations;
(vi) Demonstrating practical operations; and
(vii) Teaching practical operations;
(B)(i) Class instruction, one hundred (100) hours.
(ii) Classes are to be conducted by the instructor-trainee under the supervision of a licensed instructor to prepare the instructor-trainee to properly lecture and demonstrate on all subjects of cosmetology;
(C)(i) Conducting theory classes in cosmetology, aesthetics, manicuring, or electrology, fifty (50) hours.
(ii) Theory classes will be conducted under the supervision of a licensed instructor;
(D) Conducting practical classes in cosmetology, aesthetics, manicuring, or electrology, three hundred (300) hours;
(E) Method of keeping student records, ten (10) hours;
(F) Instructor’s discretion, eighty-nine (89) hours;
(G) Training in subjects in which the individual instructor-trainee may be deficient, or to the practice of cosmetology; and
(H) Domestic violence and sexual assault training as set forth in Arkansas Code § 17-26-205(a), etc.
(2) Total, six hundred (600) hours.
(3) A licensed instructor will be present in and supervise all classes conducted by an instructor-trainee.
(x) Instructor/instructor-trainee ratio for schools of cosmetology or postsecondary schools of cosmetology.
(1) School of cosmetology or postsecondary school of cosmetology owners may enroll a maximum of three (3) instructor-trainees for each authorized instructor teaching in the school of cosmetology or postsecondary school of cosmetology on a full-time basis.
(2)(A) Instructor/instructor-trainee ratio is as follows:
(i) One instructor to one trainee (1:1) who has acquired between one hundred and two hundred (100 – 200) hours;
(ii) One instructor to two trainees (1:2), provided:
(a) One (1) trainee has acquired between one hundred and two hundred (100 – 200) hours; and
(b) One (1) trainee has between two hundred and four hundred (200 – 400) hours; and
(iii) One instructor to three trainees (1:3), provided:
(a) One (1) trainee has acquired between one hundred and two hundred (100 – 200) hours;
(b) One (1) trainee has acquired between two hundred and four hundred (200 – 400) hours; and
(c) One (1) trainee has between four hundred and six hundred (400 – 600) hours.
(B)(i) The instructor-trainee or instructor-trainees shall be under the supervision of a full-time licensed instructor at all times.
(ii) Instructor-trainee or instructor-trainees may attend on a part-time basis provided the curriculum is observed.
(y) Renewal requirements.
(1)(A) For biannual renewal, instructors shall not be required to renew the specialty license in which they were originally licensed.
(B) However, they shall only be allowed to instruct in the specialty area of original licensure.
(C) Should an instructor wish to retain their specialty license, they may renew it also.
(2) Continuing education requirements.
(A)(i) Any person holding an Arkansas Instructor License shall complete eight (8) hours of continuing education in an Instructor Training Seminar or Continuing Education course.
(ii) Compliance with the requirement of continuing education is a prerequisite for license renewal.
(B) Reinstatement of a license that has expired as a result of failure to timely renew may be accomplished upon meeting the following conditions:
(i) Payment of all past due renewal fees;
(ii) Payment of the late renewal fee; and
(iii) Compliance with continuing education requirements for each license renewal period.
(C) Out-of-state program.
(i) Hours earned at an out-of-state continuing education program will be accepted provided said program is:
(a) Certified by:
(1) The cosmetology board in that state; or
(2) A nationally recognized provider; and
(b) Designated as an “Instructor Training Seminar”.
(ii) To receive credit for hours earned out of state, the instructor must submit a signed certificate of completion from the out-of-state provider.
(D) Those persons newly licensed shall not be required to complete continuing education as a prerequisite for license renewal for the first renewal period following the date of licensure.
(E) Program sponsor.
(i)(a) Any program, seminar, or workshop must be sponsored by a bona fide association/organization that is committed to the advancement of the cosmetology profession.
(b) “Bona fide” as used herein means state and/or national association/organization chartered with bylaws.
(ii) Community college or university.
(F) Program requirements.
(i)(a) All advanced teaching education must be generic in nature.
(b)(1) Eight (8) hours, or a minimum of four (4) of the required eight (8) hours, shall be related to advanced teaching methods or techniques.
(2) Examples include curriculum development, lesson plan preparation, human resource management, etc.
(c) Credit accrues at one (1) contact hour for each hour of actual contact.
(ii)(a) Courses offered at the community college or university level that contribute directly to the professional competency of the licensee.
(b) Examples include semester hours in psychology, sociology, methods of teaching, business law, etc.
(3) Program educators. Approved programs must be conducted by:
(A) Individuals who have special education, training, and experience; or
(B) Other persons who by reason of special education, training, and experience would be considered experts concerning the subject matter of the program.
(4) Violations. Any licensee found falsifying continuing education attendance will be subject to disciplinary action by the committee.
(z) Equipment and chemical use in cosmetology and its related branches.
(1) Equipment.
(A) With the exception of piercing as set forth in 17 CAR § 54-301 et seq., cosmetologists and aestheticians may not use any device, tool, machine, or combination of the same that results in the removal or destruction of a client’s skin beyond the epidermis.
(B) Devices used by cosmetologists and aestheticians must:
(i) Follow all:
(a) Food and Drug Administration, Occupational Safety and Health Administration, and state safety requirements; and
(b) Manufacturers’ instructions;
(ii) Must not be classified by the Food and Drug Administration as a Class III, IIIa, or IIIb device, or a laser Class III or IV.
(C) Piercing activity of cosmetologists and aestheticians shall be limited to piercing the lobe of the ear using an ear piercing gun.
(2) Chemical.
(A) A licensed cosmetologist and aesthetician may use the following chemical exfoliation substances:
(i)(a) No more than fifty percent (50%) alpha hydroxy acid (AHAs, which include but are not limited to glycolic, tartaric, malic, or lactic acids).
(b) Such AHAs shall not be lower than a pH of 2;
(ii) No more than twenty percent (20%) beta hydroxy acid, which includes salicylic acid;
(iii) No more than twenty percent (20%) trichloracetic acid;
(iv) Jessner’s solution;
(v) Proteolytic enzymes, such as papain and bromelain, when used with an accelerator; and
(vi) Non-medical-grade retinoid.
(B) No person performing any type of cosmetology services is permitted to use the following:
(i) Medical-grade or prescription retinoid;
(ii) Carbolic acid (phenol);
(iii) Products listed above that exceed the stated maximum levels or combinations thereof; or
(iv) All adulterated chemical exfoliating/peeling substances.
(3) Equipment and chemical exfoliation substance services shall only be:
(A) Administered in an establishment, mobile salon, or school of cosmetology or postsecondary school of cosmetology licensed by the board; and
(B) Performed by a licensed practitioner that follows the appropriate health and safety guidelines and the manufacturer’s instructions.
(4) Client consultation.
(A) Cosmetologists and aestheticians shall take a client history and perform a skin analysis prior to providing any treatment or service to ensure there are no contraindications.
(B) All cosmetology establishments or mobile salons that collect private medical information as part of the client history shall have procedures in place to protect the confidentiality of the client’s private medical information.
(5) Cosmetologists and manicurists shall not use liquid methyl methacrylate monomer.
(6) Performing services prohibited under this section shall be grounds for disciplinary action by the committee.