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Tattoo & Piercing Laws - United States - Montana
Back to United States Tattoo & Piercing Laws
State Of Montana
ADMINISTRATIVE RULES OF MONTANA
TITLE 37: DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
CHAPTER 112: BODY ART AND COSMETICS
SUB-CHAPTER 1: TATTOO PARLORS
37.112.101 TATTOOING: DEFINITIONS
(1) "Certificate of sanitation" means a written certificate issued by the
department to a tattoo shop signifying compliance with these rules.
(2) "Client" means the person, customer or patron whose skin will be
tattooed.
(3) "Communicable disease" means a disease which can be transmitted from
person to person directly or indirectly, including diseases transmitted via
blood or body fluids.
(4) "Department" means the department of public health and human
services.
(5) "Disinfectant" means a substance or solution, registered with the
United States environmental protection agency (EPA), which kills or inactivates
viruses and pathogenic microorganisms, but not necessarily their spores, on cleaned
environmental surfaces, and which is formulated for decontamination
procedures.
(6) "Disposable" means items which are intended for use and disposal, but
not necessarily suitable for cleaning, sanitizing and re-use.
(7) "Germicidal cleanser" means a substance, which when used according to
manufacturer's instructions, cleans and reduces the level of microbial
contamination on a surface, and which is suitable for use on the skin.
(8) "Infectious waste" means the definition found in 75-10-1003, MCA.
(9) "Ink cup" means a small container for an individual portion of
pigment which may be installed in a holder or palette, and in which a small amount
of pigment of a given color is placed.
(10) "Permanent makeup" means tattooing colored pigment along the upper
or lower margin of the eyelids, or into the skin on eyelids, lips, cheeks or
other parts of the face for cosmetic purposes.
(11) "Physician" means a person licensed to practice medicine in Montana
by the Montana board of medical examiners.
(12) "Sharps" means the definition found in 75-10-1003, MCA.
(13) "Single use" means items which are intended for one time, one person
use only, then to be discarded.
(14) "Sterilize" means to treat an object or surface with a procedure
that kills or irreversibly inactivates all microorganisms, including bacteria,
viruses, and pathogenic fungi, including their spores.
(15) "Tattoo" means the definition found in 50-2-116, MCA.
(16) "Tattooist" means a person who engages in the practice of tattooing
the skin of a live human being and includes a person administering tattoos to
impart permanent makeup on the skin such as permanent lip coloring, permanent
eye-liner or permanent skin coloration for any purpose other than noted in (16)(a)
through (d), whether or not such activities occur in whole or in part in a tattoo
shop, beauty salon, or other business setting. This term does not include:
(a) the practice of electrology as defined in 37-32-102, MCA;
(b) a physician or licensed medical professional employing colors, dyes,
pigments for the purposes of obscuring scar tissues or imparting color to
the skin for cosmetic, medical or figurative purposes;
(c) a person engaged in body puncturing or piercing for the purpose of
creating a perforation in the skin for inserting jewelry or ornamental
hardware, unless that person also does tattooing; or
(d) an acupuncturist.
(17) "Tattoo shop" means any room, space or establishment, including a
temporary or mobile facility, where tattooing is practiced.
(18) "Temporary or mobile facility" means a facility where tattooing is
conducted for not more than 14 days in a calendar year.
37.112.136 TATTOOING: CONSENT FORM
(1) Each client must sign a consent form. The consent form must contain:
(a) the client's name and address, the date tattooed, the design of the
tattoo, its location on the client's body and any other information that the
tattooist may deem appropriate;
(b) pre-service information describing:
(i) possible allergies, skin or systemic reactions, side-effects and
potential complications of tattooing, including the possibility of scarring
and changes in the appearance of the tattoo over time; and
(ii) the permanent nature of tattoos, including a description of removal
methods such as laser treatment or surgery.
(c) a statement by the client that the client:
(i) is free from a communicable respiratory or diarrheal disease;
(ii) has been provided with the pre-service information, both in writing
and verbally by the tattooist; and
(iii) consents to the tattoo.
37.112.124 TATTOOING: TATTOO APPLICATION
(1) If, during the process of tattooing, the tattooist sustains a needle
stick, the tattooist must:
(a) stop tattooing immediately;
(b) replace the tube, needle, and bar sets with a sterile setup; and
(c) wash and reglove before continuing the tattoo procedure.
(2) During the process of tattooing, each tattooist must:
(a) use single use disposable ink cups for pigments and dispose of the
ink cups after each client so that ink cups may not be reused on another client
or for any other purpose. If additional pigment must be added to the ink cup
during the tattooing procedure, a disposable handling liner may be used or the
tattooist must wash and re-glove. Ink storage containers and other surfaces
must be considered as potentially contaminated. Individual pigment portions and
ink cups must be disposed of in accordance with ARM 37.112.130;
(b) use single use disposable gauze or tissue to absorb blood, fluids and
ink on the client's skin during the tattooing procedure;
(c) not smoke in the work room during tattooing procedures;
(d) avoid touching his or her eyes, nose or mouth with gloved hands.
After gloving, if any object, such as an ink container, a telephone receiver, or
door knob, is inadvertently touched or retrieved from the floor or otherwise
comes into contact with the gloved hands of the tattooist, the tattooist must
rewash and reglove before proceeding with the tattooing procedure; and
(e) prohibit dusting, cleaning, vacuuming or other cleaning of floors,
walls,ceilings or attached equipment during times when clients are being tattooed
or while tattoos are exposed to the air.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.128 TATTOOING: COLORS, DYES AND PIGMENTS
(1) Each tattooist must use colors, dyes and pigments from reputable
suppliers, stored in appropriate containers, to insure and maintain their
integrity and sterility. After completing the tattooing procedure, the
remaining dye or pigment in the disposable ink cup must be regarded as infectious
waste, and must be discarded in accordance with ARM 37.112.130.
(2) Pigments mixed or prepared in the tattoo shop must be non-toxic and
sanitary and must be prepared and stored in accordance with the
manufacturer's instructions.
(3) A tattooist who becomes aware of a client who has experienced an
apparent reaction, allergy, or sensitivity to a pigment used in tattooing must report
the condition and pigment information to the Department of Public Health and
Human Services, Health Policy and Services Division, Food and Consumer Safety
Section, Cogswell Building, P.O. Box 202951, Helena, Montana 59620-2951 or the local
health officer. Adulterated pigments or those containing deleterious
substances may be subject to voluntary hold, manufacturer recall or other action under
the Montana Food, Drug and Cosmetic Act, the federal Food, Drug and Cosmetic
Act, or other local, state or federal law. This reporting requirement does not apply
to skin sensitivity to antibacterial ointments, soaps, or tape adhesive used in
bandaging.
(4) Pigments or dyes disapproved or under recall by the United States
food and drug administration or the department under the Montana Food, Drug and
Cosmetic Act may not be used.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.106 TATTOOING: WORK ROOM REQUIREMENTS
(1) The work room in which tattoos are applied must be separated by
barrier from the waiting area. The room need not have complete physical separation,
but must be segregated by counters, barriers and self- closing doors, such that
clients or other employees may not enter the work room unless they open a
door to gain access. Animals are not allowed in the work room, except for guide
or handicap dogs.
(2) The work room must have:
(a) a minimum of 10 foot-candles of light measured at the level of the
tattooing operation or the counter top;
(b) adequate ventilation. If heating ducts, vents or air conditioners
discharge into the work room, the intakes for such venting must be filtered
to minimize airborne dust and insects;
(c) a hand washing sink with hot and cold running water unless there is a
hand washing sink outside the work room within 10 feet of the work room
door. If the hand washing sink is outside the work room, the work room door must be a
2-way self-closing door. If controls for wrist or foot activation are not
available, single service towels must be used for turning controls off after
washing hands. The hand washing sink must be sanitized daily; and
(d) a sufficient number of waste receptacles for the disposal of waste
materials. A dedicated container for the disposal of sharps must be located
in the work room.
(3) The work room may not be used as a corridor for access to other
rooms.
(4) The work room must be maintained in a clean condition to prevent
contamination from previous clients and exposure to contaminants during
tattooing procedures. Work tables, counter tops and other client contact
surfaces must be sanitized between clients with a disinfectant solution
having virucidal capability. The floor of the work room must be constructed of
smooth and impervious materials and must be wet-mopped daily.
(5) Clients may be tattooed only in the work room.
(6) Closed containers must be maintained in the work room for the storage
of instruments, needles, bars, tubes, dyes and pigments, carbon transfer blanks
and other materials used in the tattooing procedures. Disinfectants, cleaning
compounds, pesticides and other chemicals must be stored in a separate
container.
(7) Tables, trays and tattooing utensils may not be shared between or
among tattooists tattooing clients at the same time.
(8) Work tables must be constructed of metal or other material which is
easily cleanable, smooth, non-absorbent, corrosion-resistant, and easily
sanitized.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.140 TATTOOING: RESTRICTIONS AND PROHIBITIONS
(1) The tattoo application may not proceed:
(a) if either the tattooist or the client is under the apparent influence
of alcohol or other mind- altering drugs;
(b) if either the tattooist or the client has a communicable respiratory
or diarrheal disease;
(c) if the client has not signed the consent form required by ARM
37.112.136; or
(d) if the client is under the age of majority, without the explicit
in-person consent of the client's parent or guardian as provided in
45-5-623(1)(e), MCA. Failure to adequately verify the identity of a parent
or guardian is not an excuse for violation of 45-5-623(1)(e), MCA.
(2) A written physician referral is required before tattooing a client
if:
(a) the client is taking any drug which may induce bleeding tendencies or
reduce clotting;
(b) the client shows signs of recent intravenous drug use;
(c) the client has a sunburn or other skin disease or infection such as a
rash, wound, or puncture mark, psoriasis, eczema, or lesions at the tattoo site;
or
(d) the client declares or evidences allergies or contact sensitivity to
pigments, soaps, or other substances used in the tattooing process.
(3) The tattooist may delay tattooing or require a medical referral
before tattooing persons whose physical health, understanding or judgment may be in
question.
(History: Sec. 50-1- 202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p.
967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.122 TATTOOING: PATTERN TRANSFER
(1) If the method of pattern transfer involves a reusable plastic or
acetate stencil, the stencil must be sanitized immediately prior to the application
using a germicidal cleanser and a 70% isopropyl alcohol rinse.
(2) If the method of pattern transfer involves a hectograph pencil, a
disposable carbon transfer sheet or a thermal spirit transfer sheet or other
single use transfer method, the tattooist must meet the following
requirements:
(a) The pencil, drawing instrument, transfer sheet, or other single use
transfer product must be stored in a closed dust proof cabinet.
(b) The transfer produced by a tattooist for transferring the design to
the skin must be single use. The pattern may be reused.
(3) An adherent or emollient applied to facilitate a pattern transfer, or
to cover a pattern after transfer, must be from a single use collapsible tube,
a spray bottle or a large supply container. If a large supply container is
used, the adherent or emollient must be extracted using a disposable, single use
utensil such as a disposable tongue depressor to prevent contamination of
the adherent or emollient supply.
(4) After preparing the client's skin for tattooing, including washing
and if necessary, shaving, and setting up the equipment and supplies for the
tattooing procedure, the tattooist must put on a pair of disposable latex or vinyl
examination gloves to be used only for that particular tattooing procedure.
If the tattooist wore gloves to wash or shave the client's skin, the tattooist
must discard those gloves after completing those procedures. The tattooist must
then put on a new pair of disposable latex or vinyl examination gloves before
proceeding with the tattooing.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.114 TATTOOING: ULTRASONIC CLEANING UNIT
(1) An ultrasonic cleaning unit, when used for needles, tubes or other
parts which may become contaminated during the tattooing process, must be used in
accordance with the manufacturer's instructions. An ultrasonic cleaning unit
does not satisfy the sterilization requirements in ARM 37.112.113, with or
without the addition of chemical sanitizers.
(2) If the tattooist uses the ultrasonic unit at the work station to
rinse needles between pigment changes, a disposable cup or single use liner must
be placed in the tank prior to use and changed between clients, unless the tank
is autoclaved between clients. The used liner must be disposed of in accordance
with ARM 37.112.130.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.105 TATTOOING: TATTOO SHOP REQUIREMENTS
(1) Each tattoo shop must:
(a) have a work room for applying tattoos which complies with ARM
37.112.106;
(b) be maintained in good repair at all times during which the shop is
operating. Work rooms, restrooms, hand washing facilities, and all shop
areas to which clients have access must be kept clean and free of garbage, litter,
unnecessary articles, dust, dirt, and sources of airborne dust. Utility
rooms, garbage can storage rooms and workshop rooms, separated from other areas of
the shop by closed doors, must be cleaned periodically as necessary to prevent
insect or rodent harborage, airborne dust, airborne solvents or toxics or
other contaminants;
(c) have an approved water supply and sewage treatment system meeting
applicable local and state statutes and rules. If the water source is not
served by a public water supply approved by the Montana department of environmental
quality, the water source must be sampled for bacteriologic testing at a
certified laboratory at least 2 times per year. The testing records must be
maintained on the premises and be available for review and verification by
the department or its authorized representative. During periods when the public
water supply may be contaminated or operating under a boil order of the
Montana department of environmental quality, an alternative source of sterilized
water or bottled, distilled water must be used for hand washing and other
tattooing operations;
(d) have a client toilet and hand washing sink. The toilet room must be
vented, well lighted and equipped with a self-closing door and a covered
waste receptacle. A hand washing sink must be located either within the toilet
room or within 10 feet of the toilet room door, with a sink, soap dispenser, and hot
and cold running water. If the hand washing sink is not in the toilet room, an
additional covered waste receptacle is required in the immediate location of
the hand washing sink. Single service towels must be provided for hand drying;
and
(e) maintain its floors and ceilings in good repair and clean condition.
(2) A tattoo shop may not be operated in any room or area used as living
or sleeping quarters. A tattoo shop must be separated from any living or
sleeping quarters by complete partitioning and solid self-closing doors.
(3) A temporary or mobile facility may be operated in connection with a
tattoo shop if the tattoo shop submits to the department:
(a) a written plan that demonstrates to the department how the temporary
or mobile facility will meet the provisions of these rules, or will use
alternatives which provide equivalent protection as provided by these rules;
and
(b) the department or its authorized representative issues written
approval of the plan.
(4) At a minimum, the plan referenced in (3) above must include
information on the facility's:
(a) water supply source;
(b) sanitation, sterilization, infection control, and record keeping
methods and procedures;
(c) waste disposal methods and procedures, including wastes contaminated
with blood or body fluids; and
(d) ability to provide adequate toilets and hand washing sinks.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.112 TATTOOING: HEPATITIS B VACCINATION
(1) A tattoo shop owner, employing at least one tattooist, shall offer:
(a) pre-exposure hepatitis B vaccine to the employee(s), unless serologic
testing indicates they are immune to the infection; and
(b) post-exposure hepatitis B vaccine to the employee(s) who incur a
needle stick or other accidental exposure to blood or body fluids, or articles
which may be contaminated with blood or body fluids.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.113 TATTOOING: STERILIZATION REQUIREMENTS
(1) Each tattooist must:
(a) use sets of individually wrapped, sterilized needles, bars and tubes for
each new client. Defective or faulty needles may not be used;
(b) except as provided in (2) below, sterilize needles, bars, tubes and any
other articles which may come into contact with blood or body fluids, using
autoclave sterilization, by placing the wrapped needles, bars and tubes in
an autoclave for 20 minutes at 15 pounds pressure at a temperature of 250xF, or
in accordance with the manufacturer's instructions. Autoclave packaging must be
used to sterilize needles, bars, tubes, and any other articles which may
come into contact with blood or body fluids. Testing indicator strips for
checking temperature must be used each time the autoclave is operated. After
autoclaving, the package must be date marked and initialed by the tattooist. If the
sterilized needle, bar or tube is not used within 60 days of the
sterilization date, the article must be resterilized before use;
(c) conduct quarterly biological monitoring for autoclave effectiveness using
standard spore suspension units available for this purpose. A written record
of quarterly reports must be maintained on the premises and be available for
review and verification by the department or its authorized representative;
(d) following sterilization, keep the needle sets and tubes in the
autoclave packaging. The packages may only be opened in full view of the client;
(e) sterilize, by autoclave sterilization, pen-style tattooing machines
and the components intended for reuse; and
(f) use a new pair of disposable latex or vinyl examination gloves for
each client.
(2) Any tattoo shop in existence in this state prior to the adoption of
this rule which uses dry heat sterilization as its sterilization method may
continue to use dry heat sterilization, instead of autoclave sterilization as
required under (1)(b), for a period of 1 year after the adoption of this rule.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.107 TATTOOING: UTENSILS AND SUPPLIES
(1) Needles and bars must be:
(a) either single use and disposable and discarded after one use or the
needle portion must be detached from the bar and discarded after one use. The
bar may be reused after attachment of a new needle and sterilization, in
accordance with ARM 37.112.113; and
(b) of single use construction and discarded after one use.
(3) A durable tray must be maintained in the work room for the placement
of used tweezers, tubes, bars and needles, and other articles which require
autoclaving. Single use needles must be disposed of in a sharps disposal
container after use. If needles are to be held for autoclaving, the tray on
which the needles are placed must be puncture proof.
(4) The tattoo shop must maintain on its premises at all times the
following minimum supplies:
(a) one-half gallon of germicidal cleanser or tincture surgical soap;
(b) one-half gallon of 70% isopropyl alcohol;
(c) one-half gallon of distilled water;
(d) 18 sets of sterilized needles and bars per tattooist. For purposes of
this requirement, one set of needles and bars consists of one liner needle
soldered to a bar and one shader soldered to a bar;
(e) 18 sterile liner tubes per tattooist;
(f) 18 sterile shader tubes per tattooist;
(g) 300 disposable latex or vinyl examination gloves; and
(h) 500 single use ink cups.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.120 TATTOOING: SKIN PREPARATION
(1) Prior to performing a tattoo, each tattooist must:
a) clean under and around his or her fingernails with a nail brush, used
solely by the particular tattooist;
(b) thoroughly wash and scrub his or her hands with hot running water, a
germicidal hand cleanser and an individual hand brush, used solely by the
particular tattooist;
(c) wear a clean outer garment and hair restraint. The hair restraint
must be sufficient to prevent contact by the tattooist's hair with the tattoo site.
Tie backs or hair nets are acceptable; and
(d) clean and wash the client's skin area to be tattooed with hot water
and a germicidal cleanser. If it is not necessary to shave the client's skin
area, the tattooist must then rinse the skin area at the tattoo site with a 70%
isopropyl alcohol solution or an equivalent rinsing agent commercially
labeled for direct use on the skin which contains alcohol or other solvents to
remove all cleaning compounds and chemical residue.
(2) If it is necessary to shave the client's skin area to be tattooed,
the tattooist must use single service disposable razors. Straight razors and
replaceable blade units may not be used. After shaving the client's skin,
the tattooist must:
(a) wash and scrub his or her hands;
(b) clean the skin at the tattoo site with tincture surgical soap, green
soap or other germicidal cleanser using a sterile gauze pad, sponge or single use
tissue; and
(c) rinse the skin at the tattoo site with a 70% isopropyl alcohol
solution or an equivalent rinsing agent commercially labeled for direct use on the
skin which contains alcohol or other solvents to remove all cleaning compounds
and chemical residue.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.126 TATTOOING: AFTERCARE
(1) After applying the tattoo, each tattooist must wash the completed
tattoo with a piece of sterile gauze or sterile cotton saturated with a germicidal
cleanser or tincture surgical soap, and allow the tattooed skin to air dry.
After drying, anti-bacterial ointment must be applied from a collapsible
tube, a single use package, or a supply container using a disposable instrument such
as a sterile tongue depressor. After one use, the disposable instrument must be
discarded. The entire tattooed skin area must be covered with a non-stick
sterile gauze and bandage or other effective means of protection and
infection
prevention.
(2) Aftercare instructions must be provided to the client both verbally
and in writing after every tattoo procedure.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.130 TATTOOING: HANDLING AND DISPOSAL OF INFECTIOUS MATERIAL
(1) Each tattooist must ensure that sharps, such as discarded or used
needles, razors and any other articles that may cause punctures or cuts, and
other articles which are contaminated, or which contain or may contain
infectious waste, are handled and disposed of in accordance with the
following requirements:
(a) A sharps disposal container must be used in which sharps are placed
for storage, transportation, treatment, and subsequent disposal. An adequate
supply of sharps containers must be maintained on the premises. A sharps container
must:
(i) be sealable, rigid (puncture proof), and strong enough to protect the
handler and others from accidental cuts or puncture wounds;
(ii) not be filled more than 3/4 full; and
(iii) be leak proof, and labeled or color-coded.
(b) Infectious disposable waste, other than sharps, must be placed in
moisture-proof disposable containers or bags of a strength sufficient to
prevent ripping, tearing, or bursting under normal conditions of use. The bags must
be securely tied to prevent leakage or expulsion of solid or liquid wastes
during storage, handling, and transportation. Waste receptacles must be removed by
persons trained in infection control. Single plastic trash can liners may
not be used as a vehicle for storing or transporting infectious waste.
(c) A tattooist must use:
(i) an implement or tool, such as tongs or pliers, to bend, separate from
the bar or otherwise manipulate used needles; and
(ii) a brush, dust pan or tongs to pick up any broken glassware in the
work room. A tattooist, having engaged in such cleanup, must wash his or her
hands and reglove before working with a client.
(d) Laundry which may have been contaminated with blood must be handled
as little as possible and stored separately in a closed container prior to
cleaning. It must be stored and transported in bags or containers which
prevent soak-through or leakage of fluids.
(e) All disposable infectious waste or material must be treated and
disposed of in accordance with Title 75, chapter 10, part 10, MCA. The department
hereby adopts and incorporates by reference Title 75, chapter 10, part 10, MCA,
which sets forth the requirements for treating and disposing of infectious waste.
A copy of Title 75, chapter 10, part 10, MCA, may be obtained from the
Department of Public Health and Human Services, Health Policy and Services Division,
Food and Consumer Safety Section, Cogswell Building, P.O. Box 202951, Helena,
Montana 59620-2951.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.135 TATTOOING: CLIENT RECORD
(1) Each tattooist must maintain a client record for each client. At a
minimum, the client record must include:
(a) a copy of the signed consent form required by ARM 37.112.136;
(b) the name of the tattooist who performed the tattoo, and the address
and telephone number of the tattoo shop;
(c) special instructions or notations regarding the client's medical or
skin conditions; and
(d) a written physician referral if a referral is required by ARM
37.112.140.
(2) Client records must be maintained on the tattoo shop premises for a
minimum of 2 years. The records must be available for review and
verification by the department or its authorized representative.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.143 TATTOOING: OPERATION
(1) A tattoo shop shall:
(a) possess a current certificate of sanitation from the department to
operate; and
(b) display the certificate of sanitation in a prominent place in the
tattoo shop.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.146 TATTOOING: INSPECTION AND ENFORCEMENT
(1) The department or its authorized representative may conduct
inspections at all times when the tattoo shop is operating.
(2) The department may, after providing notice and an opportunity for
hearing, refuse to issue a certificate of sanitation to a tattoo shop, or
may revoke or suspend a certificate of sanitation, for violations of these
rules.
(3) A hearing request must be made in writing to the department within 10
days of the date of the department's notice of its intention to refuse to
issue a certificate of sanitation or to revoke or suspend a certificate of
sanitation.
(4) A hearing for the refusal, revocation or suspension of a certificate
of sanitation is governed by the provisions of the Montana Administrative
Procedure Act, Title 2, chapter 4, MCA.
50-2-116. Powers and duties of local boards. (1) Local boards shall:
(a) appoint a local health officer who is a physician or a person with a master's
degree in public health or the equivalent and with appropriate experience, as
determined by the department, and shall fix the health officer's salary;
(b) elect a presiding officer and other necessary officers;
(c) employ necessary qualified staff;
(d) adopt bylaws to govern meetings;
(e) hold regular meetings quarterly and hold special meetings as necessary;
(f) supervise destruction and removal of all sources of filth that cause disease;
(g) guard against the introduction of communicable disease;
(h) supervise inspections of public establishments for sanitary conditions;
(i) subject to the provisions of 50-2-130, adopt necessary regulations that are not
less stringent than state standards for the control and disposal of sewage from private
and public buildings that is not regulated by Title 75, chapter 6, or Title 76, chapter 4.
(vi) for the regulation, as necessary, of the practice of tattooing, which may
include registering tattoo artists, inspecting tattoo establishments, adopting fees, and
also adopting sanitation standards that are not less stringent than standards adopted by
the department pursuant to 50-1-202. For the purposes of this subsection, "tattoo"
means making permanent marks on the skin by puncturing the skin and inserting
indelible colors.
(l) adopt regulations for the establishment of institutional controls that have been
selected or approved by the:
(i) United States environmental protection agency as part of a remedy for a
facility under the federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9601, et seq.; or