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REFERENCE TITLE: tattooing; body piercing; registration |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4072 |
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Introduced by Representatives Connolly: Aguilar, Austin, Cavero, Contreras L, Contreras P, Crews, Garcia, Márquez, Peshlakai, Sandoval, Simacek, Stahl Hamilton, Travers, Villegas, Volk
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AN ACT
Amending sections 32-501 and 32-507, Arizona Revised Statutes; amending title 32, chapter 5, Arizona Revised Statutes, by adding article 2.1; amending sections 32-572 and 32-574, Arizona Revised Statutes; relating to the barbering and cosmetology board.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-501, Arizona Revised Statutes, is amended to read:
32-501. Definitions
In this chapter, unless the context otherwise requires:
1. "Aesthetician" means a person who is licensed to practice aesthetics pursuant to this chapter.
2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes:
(a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances.
(b) Arching eyebrows or tinting eyebrows and eyelashes.
(c) Removing superfluous hair by means other than electrolysis or threading.
3. "Barber" means a person who is licensed to practice barbering pursuant to this chapter.
4. "Barbering" means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes:
(a) Cutting, clipping or trimming hair.
(b) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by a mechanical or electrical appliances appliance.
(c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.
(d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber.
(e) Shaving or trimming a beard.
(f) Providing skin care, including facials, corrective treatments, blackhead and acne removal and masks and treatment creams.
(g) Removing unwanted hair by means other than electrolysis or threading.
5. "Board" means the barbering and cosmetology board.
6. "Body piercing" means the act of penetrating the skin with the intention to make a permanent hole, mark or scar.
6. 7. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.
7. 8. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter.
8. 9. "Cosmetology" means any one or a combination of the following practices if they are performed for cosmetic purposes:
(a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by a mechanical or electrical appliances appliance.
(b) Arching eyebrows or tinting eyebrows and eyelashes.
(c) Removing superfluous hair by means other than electrolysis or threading.
(d) Nail technology.
(e) Hairstyling.
9. 10. "Electrical appliances appliance" means devices a device that use uses electrical current and includes lasers and IPL devices as defined in section 32-516.
10. 11. "Establishment" means any of the following:
(a) An establishment or shop that is operated for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions or any combination of the practices listed in this subdivision.
(b) An establishment or shop together with a retrofitted motor vehicle that is used exclusively as a mobile facility for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology or hairstyling or any combination of the practices listed in this subdivision and that is operated and dispatched through the establishment.
(c) A retrofitted motor vehicle that is exclusively used as a mobile facility for the purpose of engaging in the practice of barbering, cosmetology, aesthetics, nail technology or hairstyling or any combination of the practices listed in this subdivision and that is operated and dispatched from a business that has a physical street address on file with the board.
11. 12. "Eyelash extensions":
(a) Means applying, removing and trimming threadlike natural or synthetic fibers to an eyelash.
(b) Includes cleansing the eye area and lashes.
(c) Does not include applying eyelash enhancements that are tattoos, color agents, straightening agents, permanent wave solutions or bleaching agents to the eyebrow or any other cosmetology service.
12. 13. "Eyelash technician" means a person who is not licensed as a cosmetologist or aesthetician and who for compensation performs personal services limited to eyelash extensions.
13. 14. "Hairstyling" means any of the following:
(a) Cutting, clipping or trimming hair.
(b) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair.
(c) Removing superfluous hair from the neck up by means other than electrolysis or threading.
14. 15. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter.
15. 16. "Instructor" means a person who is licensed to teach barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of these practices, pursuant to this chapter.
16. 17. "Mentor" means a cosmetologist, aesthetician, barber, hairstylist or nail technician who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology or barbering in an establishment that is licensed by the board.
17. 18. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter.
18. 19. "Nail technology" means any of the following:
(a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails.
(b) Applying artificial nails.
(c) Massaging and cleaning a person's hands, arms, legs and feet.
20. "Piercing professional" means a person who is registered pursuant to this article and who practices body piercing in this state.
19. 21. "School" means an establishment that is operated for the purpose of teaching barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of these practices.
22. "Tattoo artist" means a person who is registered pursuant to this article and who practices tattooing in this state.
23. "tattooing" means placing a mark or design on or under the skin of a person by a process of piercing and ingraining a pigment, dye or ink into the skin.
20. 24. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over-the-counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair.
Sec. 2. Section 32-507, Arizona Revised Statutes, is amended to read:
32-507. Fees
A. The board shall establish and collect fees not to exceed the following:
1. Application for initial personal license, a onetime fee of $100.
2. Application for personal reciprocity or universal license, a onetime fee of $200.
3. Application for establishment license, including change of ownership, $250.
4. Application for school license and initial inspection fee, including change of ownership and change of location, $1,000.
5. Application for certification of licensure or hours, $30.
6. Personal license renewal, $100 to be paid once every two years pursuant to section 32-517 or 32-535.
7. Personal license delinquent renewal, $150.
8. Establishment license after a change of location, $150.
9. Establishment license renewal, $100.
10. Establishment license delinquent renewal, $150.
11. School license renewal, $500.
12. School license delinquent renewal, $600.
13. Delinquent penalties for each year or portion of a year for which the license was inactive.
14. Computer printouts of names of licensees, up to $.10 per name.
15. Duplicate license, $30.
16. Dishonored checks, $20.
17. Copying charges, $1 per page. For audiotapes, videotapes, computer discs or other mediums used for recording sounds, images or information, $15 per tape, disc or other medium.
18. Board-administered educational classes, $100.
19. Service charges for persons who pay with alternative payment methods, including credit cards, charge cards, debit cards and electronic transfers, not to exceed the cost of the alternative payment method.
20. Eyelash technician registration, an amount to be determined by the board.
21. Eyelash technician registration renewal, an amount to be determined by the board.
22. Eyelash technician registration delinquent renewal, an amount to be determined by the board.
23. Tattoo artist and piercing professional REGISTRATION, an amount to be determined by the board.
24. Tattoo artist and piercing professional REGISTRATION renewal, an amount to be determined by the board.
25. Tattoo artist and piercing PROFESSIONAL registration delinquent renewal, an amount to be determined by the board.
B. The board may charge additional fees for:
1. Documents and publications provided by the board.
2. Services that the board deems appropriate to carry out its intent and purpose. These additional fees shall not exceed the costs of rendering the services.
Sec. 3. Title 32, chapter 5, Arizona Revised Statutes, is amended by adding article 2.1, to read:
ARTICLE 2.1. COMMERCIAL BODY ART professionals
32-521. Tattoo artists; registration; renewal; register
A. A tattoo artist must be registered by the board before practicing tattooing in this state. A person is entitled to register as a tattoo artist if the person does all the following:
1. Submits to the board an application for a tattoo artist registration on a form supplied by the board, which shall include:
(a) The name and address of the applicant.
(b) The name and location of any tattoo establishment where the applicant will practice tattooing in this state.
2. Submits satisfactory evidence of having completed at least one hundred tattoos and three hundred hours of apprentice training. the applicant shall provide the BOARD with The name of the supervising registered tattoo artist and the location of the tattoo establishment where the applicant completed any tattoo apprenticeship work.
3. Submits satisfactory evidence of successfully completing both of the following:
(a) An occupational safety and health administration-approved bloodborne pathogens certification.
(b) the American heart association's basic life support CPR training.
4. Pays the prescribed fees for tattoo artist registration.
B. Except as provided in section 32-4301, a tattoo artist shall renew the person's registration on or before the person's birthday once every two years. the tattoo artist shall submit to the board an application for renewal accompanied by the prescribed renewal fee to renew the person's registration. A tattoo artist who fails to renew the person's registration on or before the person's birthday of the APPROPRIATE year shall also pay the prescribed delinquent renewal penalty to renew the registration.
C. The board shall maintain a current register of tattoo artists who are in good standing with the board and shall make the register available to the public on a public website.
32-522. Piercing professionals; registration; renewal; register
A. A piercing professional must be registered by the board before practicing body piercing in this state. A person is entitled to register as a piercing professional if the person does all of the following:
1. Submits to the board an application for a piercing professional registration on a form supplied by the board, which shall include:
(a) The name and address of the applicant.
(b) The name and location of any piercing establishment where the applicant will practice body piercing in this state.
2. Submits satisfactory evidence of having completed at least one hundred body piercings and three hundred hours of apprentice training. the applicant shall provide the board with The name of the supervising registered piercing professional and the location of the piercing establishment where the applicant completed any body piercing apprenticeship work.
3. Submits satisfactory evidence of successfully completing both of the following:
(a) An occupational safety and health administration-approved bloodborne pathogens certification.
(b) the American heart association's basic life support CPR training.
4. Pays the prescribed fees for piercing professional registration.
B. Except as provided in section 32-4301, a piercing professional shall renew the person's registration on or before the person's birthday once every two years. the piercing professional shall submit to the board an application for renewal accompanied by the prescribed renewal fee to renew the person's registration. A piercing professional who fails to renew the person's registration on or before the person's birthday of the appropriated year shall also pay the prescribed delinquent renewal penalty to renew the registration.
C. The board shall maintain a current register of piercing professionals who are in good standing with the board and shall make the register available to the public on a public website.
32-523. Apprentice training; notice of intent to take an apprentice
A. each tattoo artist or piercing professional who wishes to oversee the work of a person as an apprentice in the relevant PROFESSION shall file with the board a notice of intent to take an apprentice.
b. The notice of intent to take an apprentice must be completed on a form prescribed by the board, be filed annually and include:
1. The years of experience the tattoo artist or piercing professional has practiced in the relevant profession.
2. The name of each apprentice the tattoo artist or piercing professional will oversee.
3. If continuing to oversee the same apprentice, the length of time the tattoo artist or piercing professional has overseen the apprentice.
32-604. Establishments; required amenities; inspections
A. each establishment at which tattoo artists or piercing professionals, or both, practice tattooing or body piercing in this state shall have the following:
1. at least one washroom with a commode.
2. Hot and cold running water for use by customers.
3. At least one separate sink for use by tattoo artists or piercing professionals.
B. The board shall inspect, on an annual basis, establishments at which tattooing and body piercing are PRACTICED to ensure compliance with the requirements prescribed in subsection a of this section.
Sec. 4. Section 32-572, Arizona Revised Statutes, is amended to read:
32-572. Grounds for disciplinary action or refusal to issue or renew license or registration; definition
A. The board may take disciplinary action or refuse to issue or renew a license or registration for any of the following causes:
1. Continuing to perform barbering, cosmetology, aesthetics, nail technology, hairstyling, tattooing, body PIERCING or personal services related to eyelash extension services if the person knowingly has an infectious or communicable disease.
2. Being convicted of a crime.
3. Committing an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another.
4. Committing malpractice or incompetency.
5. Knowingly advertising by means of false, misleading, deceptive or fraudulent statements through communication media.
6. Violating this chapter or any rule adopted pursuant to this chapter.
7. Making oral or written false statements to the board.
8. Repeatedly failing to correct infractions of safety and sanitary requirements prescribed by the board in its rules.
9. Failing to comply with an order of the board.
B. A licensee's or registrant's conviction of a crime or act is not a cause for the board to refuse to issue or renew a license or registration unless the crime or act is substantially related to the qualifications, functions or duties of the license or registration for which application is made.
C. The expiration, cancellation, suspension or revocation of a license or registration or a licensee's or registrant's voluntary surrender of a license or registration does not deprive the board of jurisdiction to do any of the following:
1. Proceed with an investigation of a licensee or registrant.
2. Proceed with an action or disciplinary proceeding against a licensee or registrant.
3. Suspend or revoke a license or registration.
4. Deny the renewal or right of renewal of a license or registration.
D. For the purposes of this section, "conviction" means a plea or verdict of guilty or a conviction following a plea of no contest.
Sec. 5. Section 32-574, Arizona Revised Statutes, is amended to read:
32-574. Unlawful acts; violations; classification
A. A person shall not:
1. Perform or attempt to perform barbering, cosmetology, aesthetics, nail technology, hairstyling, tattooing, body piercing or personal services related to eyelash extensions without a license or registration in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license or registration.
2. Display a sign or in any way advertise or hold oneself out as a barber, cosmetologist, aesthetician, nail technician, hairstylist, tattoo artist, piercing professional or eyelash technician or as being engaged in the practice or business of barbering, cosmetology, aesthetics, nail technology, hairstyling, tattooing, body piercing or eyelash extensions without being licensed or registered pursuant to this chapter.
3. Knowingly make a false statement on an application for a license or registration pursuant to this chapter.
4. Allow an employee or another person under the person's supervision or control to perform barbering, cosmetology, aesthetics, nail technology, hairstyling, tattooing, body piercing or personal services related to eyelash extensions without a license or registration issued pursuant to this chapter.
5. Practice or attempt to practice barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in any place other than in an establishment licensed by the board unless the person is requested by a customer to go to a place other than an establishment licensed pursuant to this chapter and is sent to the customer from the establishment, except that a person who is licensed or registered pursuant to this chapter may practice, without the establishment's request, barbering, cosmetology, aesthetics, nail technology, hairstyling, tattooing, body piercing or personal services related to eyelash extensions in a health care facility, hospital, residential care institution, nursing home or residence of a person requiring home care because of an illness, infirmity or disability.
6. Obtain or attempt to obtain a license or registration by the use of monies other than the prescribed fees or any other thing of value or by fraudulent misrepresentation.
7. Provide any service to a person having a visible disease, pediculosis or open sores suggesting a communicable disease until the person furnishes a statement signed by a physician who is licensed pursuant to chapter 13 or 17 of this title stating that the disease or condition is not in an infectious, contagious or communicable stage.
8. Operate a school without being licensed by the board.
9. Operate an establishment without being licensed by the board and without having an individual designated as the manager of the establishment.
10. Violate this chapter or any rule adopted pursuant to this chapter.
11. Ignore or fail to comply with a board subpoena.
12. Use the title of "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist", or "eyelash technician", "Tattoo artist" or "piercing professional" or any other title or term likely to be confused with "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist", or "eyelash technician", "Tattoo artist" or "Piercing PROFESSIONAL" in any advertisement, statement or publication unless that person is licensed or registered by the board.
13. Teach barbering, cosmetology, aesthetics, nail technology or hairstyling in this state unless the person is licensed as an instructor pursuant to article 3 of this chapter.
B. An instructor shall not render barbering, cosmetology, aesthetics, nail technology or hairstyling services in a school unless the services are directly incidental to instructing students.
C. A school shall post a conspicuous notice to the public pursuant to section 32-557 that all services are performed by students under the direct supervision of a licensed instructor.
D. A person who violates this section is guilty of a class 1 misdemeanor.
Sec. 6. Current practitioners
Each person who practices body piercing or tattooing in this state on the effective date of this act:
1. May continue to practice without a registration as required by section 32-521 or 32-522, Arizona Revised Statutes, as added by this act, until January 1, 2027.
2. Shall apply to the barbering and cosmetology board for registration pursuant to section 32-521 or 32-522, Arizona Revised Statutes, as added by this act, on or before October 31, 2026.
3. Is exempt from the apprentice training requirement of section 32-521, subsection A, paragraph 3 or section 32-522, subsection A, paragraph 3, Arizona Revised Statutes, as added by this act, if the applicant otherwise meets the requirements for registration under section 32-521 or 32-522, Arizona Revised Statutes, as added by this act.