State Of Louisiana
CHAPTER 29. COMMERCIAL BODY ART REGULATION
2741. Definitions
As used in this Chapter, these terms shall have the following meanings:
(1) "Commercial body art facility" means any location, place, area, or business,
whether permanent or temporary, which provides consumers access to personal
services workers who for remuneration perform any of the following procedures:
(a) Tattooing or the insertion of pigment under the surface of the skin of a
human being, by pricking with a needle or otherwise, to produce an indelible
mark or figure visible under the skin.
(b) Body piercing or the creation of an opening in the body of a human being for
the purpose of inserting jewelry or other decoration; but does not for the
purposes of this Chapter, include piercing an ear with a disposable, single-use
stud or solid needle that is applied using a mechanical device to force the
needle or stud through the ear.
(c) The application of permanent cosmetics or pigments under the skin of a human
being for the purpose of permanently changing the color or other appearance of
the skin, including but not limited to permanent eyeliner, eye shadow, or lip
color.
(2) "Consumer" means any individual who is provided access to a commercial body
art facility which is required to be registered pursuant to the provisions of
this Chapter.
(3) "Department" means the Department of Health and Hospitals.
(4) "Manager" means any individual designated by the owner to manage the daily
business of a commercial body art facility.
(5) "Operator" means any individual designated by the registrant to apply or to
assist in the performance of body art procedures upon the consumer for
remuneration.
(6) "Owner" means any person who operates a commercial body art facility.
(7) "Registrant" means any person who is registered with the department as
required by provisions of this Chapter.
(8) "State health officer" means the employee of the department who is the chief
health care official of the state as provided for in R.S. 40:2.
2742. Registration
A. Each person operating a commercial body art facility on January 1, 2000,
shall register the facility under this Chapter no later than March 1, 2000.
B. Each person acquiring or establishing a commercial body art facility after
January 1, 2000, shall register the facility under this Chapter prior to
beginning operation of such a facility.
C. No person shall operate a commercial body art facility without having first
registered that facility as provided in Subsections A and B of this Section. The
application for registration shall be submitted on forms provided by the
department and shall contain all the information required by such forms and any
accompanying instructions.
D. Each person managing a commercial body art facility and each person acting as
an operator as defined in this Chapter on January 1, 2000, shall register under
this Chapter no later than March 1, 2000.
E. Each person who begins to act as a manager or operator in a commercial body
art facility after January 1, 2000, shall register the facility under this
Chapter prior to beginning operation of such a facility.
F. No person shall act as a manager or operator in a commercial body art
facility without having first registered as provided in Subsections D and E of
this Section. The applications for registration shall be submitted on forms
provided by the department and shall contain all the information required by
such forms and any accompanying instructions.
G. Any facility approved by the department for training operators pursuant to
R.S. 37:2743(A)(4) shall register with the department upon approval.
H. The department shall conduct at least one inspection of a business prior to
approving the business to offer commercial body art application services under
the provisions of this Chapter. The department may conduct additional
inspections as necessary for the approval process, and may inspect a registered
business at any time the department considers necessary. In an inspection, the
department shall be given access to the business' premises and to all records
relevant to the inspection.
I.(1) The department may suspend or revoke the approval of a business to offer
commercial body art procedures at any time the department determines that the
business is being operated in violation of this Chapter, any rules adopted
pursuant to the provisions of this Chapter, or the provisions of R.S. 14:93.2,
which prohibit tattooing and body piercing of minors without parental or
custodial consent.
(2) In addition to suspension or revocation of approval by the department, if a
business violates the provisions of R.S. 14:93.2, it shall also be subject to
the penalties provided therein.
J.(1) The department may suspend or revoke the registration of a manager or
operator at a commercial body art facility or the registration of a registered
training facility at any time the department determines that the registrant is
operating in violation of this Chapter, any rules adopted pursuant to the
provisions of this Chapter, or the provisions of R.S. 14:93.2.
(2) In addition to suspension or revocation of registration by the department, a
registrant who violates the provisions of R.S. 14:93.2 shall be subject to the
penalties provided therein.
K. Any physician licensed by the Louisiana State Board of Medical Examiners is
exempt from the provisions of this Chapter.
L.(1) The department shall establish and collect from each registrant:
(a) Owner of facility $500
(b) Manager of facility $100
(c) Operator $50
(d) Training facility $1,500
(2) The department shall establish and annually collect from each registrant the
following renewal fees:
(a) Owner of facility $250
(b) Manager of facility $75
(c) Operator $30
(d) Training facility $500
(3) The monies collected from such fees shall be used by the department for the
purposes of implementing and enforcing the provisions of this Chapter.
2743. Rules for minimum sanitary and safety standards
A. The state health officer shall promulgate rules and regulations pursuant to
the Administrative Procedure Act, which shall provide for the enforcement of the
provisions of this Chapter and which shall also establish minimum sanitary and
safety standards for the operation of commercial body art facilities. Minimum
standards set shall include but not be limited to all of the following:
(1) Health, cleanliness, and general sanitation of the facilities or premises in
which commercial body art is performed or applied.
(2) Proper disinfection and sterilization of body art apparatus and safe
disposal of body art apparatus.
(3) Procedures to prevent the transmission of disease or infection during or
relating to commercial body art procedures, particularly the transmission of
Hepatitis B and the human immunodeficiency virus (HIV).
(4) Procedures for ensuring that operators who perform commercial body art
procedures are adequately trained to perform them properly.
(5) With respect to tattooing services, maintenance of written records that
include the color, manufacturer, and lot number of each pigment used for each
tattoo performed.
(6) Procedures for sufficient disclosure prior to the application of body art,
including the permanence of each
procedure and procedures for obtaining written consent following such
disclosure.
(7) Procedures for ensuring that consumers are adequately informed as to
sanitary care of their bodies after procedures are done.
B. Such rules shall be promulgated by the state health officer no later than
December 1, 1999. He shall implement and enforce all such rules adopted.
2744. Injunctive relief
A. If the department or state health officer finds that a person has violated,
is violating, or threatening to violate this Chapter and that the violation or
threat of violations creates an immediate threat to the health and safety of the
public, the department or state health officer may petition the district court
for a temporary restraining order to restrain the violation Louisiana Acts or
threat of violation. If a person has violated, is violating, or threatening to
violate this Chapter, the department or state health officer may, after sending
notice of said alleged violation to the alleged violator via certified mail and
the lapse of ten days following receipt of the notice by the alleged violator,
petition the district court for an injunction to prohibit the person from
continuing the violation or threat of
violation.
B. On application for injunctive relief and a finding that a person is violating
or threatening to violate this Chapter, the district court may grant any
injunctive relief warranted by the facts. Venue for a suit brought under this
Section shall be in the parish in which the violation is alleged to have
occurred.
Approved: June 17, 1999.
ACT NO. 393 OF 1999 COMMERCIAL BODY ART REGULATION H.B. No. 306
BY REPRESENTATIVES HUNTER, MURRAY, POWELL, WESTON, AND FRITH
AN ACT to enact Chapter 29 of Title 40 of the Louisiana Revised Statutes of
1950, to be comprised of R.S. 40-2741 through 2744, relative to the regulation
of commercial body art facilities; to provide definitions; to provide for the
registration of such facilities; to provide for exceptions to the registration
requirements; to provide for the imposition and collection of fees; to authorize
the promulgation of rules; to provide for injunctive relief; and to provide for
related matters.
Be it enacted by the Legislature of Louisiana.
Section 1. Chapter 29 of Title 40 of the Louisiana Revised Statutes of 1950,
comprised of R.S. 40:2741 through 2744, is hereby enacted to read as follows:
ACT NO.
684 OF 1997 CRIME/PUNISHMENT SENATE BILL NO. 940
BY SENATOR CAIN AND REPRESENTATIVE FAUCHEUX
AN ACT to amend and reenact R.S. 14:93.2, relative to offenses affecting general
morality; to provide with respect to tattooing and body piercing of minors; and
to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 14:93.2 is hereby amended and reenacted to read as follows:
93.2. Tattooing and body piercing minors
It is unlawful for any person to tattoo or body pierce any other person under
the age of eighteen without the consent of an accompanying parent or tutor of
such person. Whoever is found guilty of violating the provisions of this Section
shall be fined not less than one hundred dollars nor more than five hundred
dollars or be imprisoned for not less than thirty days nor more than one year,
or both.
Approved: July 7, 1997.
ACT
NO. 743 OF 1997 CRIME/SEX OFFENSES HOUSE BILL NO. 1814
BY REPRESENTATIVE FAUCHEUX
AN ACT to amend and reenact R.S. 14:81(A) and 93.2, relative to crimes committed
against juveniles; to remove the requirement that the offender in the crime of
indecent behavior with a juvenile must be over the age of seventeen; to prohibit
the body piercing of a minor without the consent of a parent or legal custodian;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 14:81(A) and 93.2 are hereby amended and reenacted to read as
follows:
81. Indecent behavior with juveniles
A. Indecent behavior with juveniles is the commission of any lewd or lascivious
act upon the person or in the presence of any child under the age of seventeen,
where there is an age difference of greater than two years between the two
persons, with the intention of arousing or gratifying the sexual desires of
either person. Lack of knowledge of the child's age shall not be a defense.
* * *
93.2. Tattooing and body piercing of minors; prohibition
A. It is unlawful for any person to tattoo any other person under the age of
eighteen without the consent of the parents of such person.
B. It is unlawful for any business entity to pierce the body of any person under
the age of eighteen without the consent of a parent or legal custodian of such
person.
C. Whoever is found guilty of violating the provisions of this Section shall be
fined not less than one hundred dollars nor more than five hundred dollars or be
imprisoned for not less than thirty days nor more than one year, or both.
Approved: July 9, 1997.
LOUISIANA REGISTER
ISSUE: Volume 26, Number 8
ISSUE DATE: August 20, 2000
SUBJECT: RULES
AGENCY: Department of Health and Hospitals
Office of Public Health
26 LR 1616
RULE
Sanitary Code--Commercial Body Art
In accordance with the Administrative Procedure Act, the Department of
Health
and Hospitals, Office of Public Health, Division of Environmental Health
Services, Sanitarian Services Section, Food and Drug Unit is adopting the
following rules pertaining to the regulation of commercial body art
facilities.
These rules are being promulgated as required by Act 393 of 1999 which
enacted
LSA - R.S. 40:2831 through 40:2834.
These final rules will be incorporated into the State Sanitary Code and,
when
adopted, will become Chapter XXVIII of that Code as provided for in LSA -
R.S.
40:4.
This chapter of the Sanitary Code establishes uniform rules for the
operation
of commercial body art facilities within the state. A commercial body art
facility means any location, place, area, or business, whether permanent or
temporary, which provides consumers access to personal service workers who
for
remuneration perform tattooing of the skin, body piercing or the application
of
permanent cosmetics to the skin. These rules do not apply to ear piercing
with a
disposable single-use stud or solid needle that is applied using a
mechanical
device to force the needle or stud through the ear. These rules do not apply
to
physicians licensed by the Louisiana State Board of Medical Examiners.
Chapter XXVIII. Commercial Body Art Regulation
28:001. Definitions
A. Unless otherwise specifically provided herein, the following words and
terms used in this Chapter of the Sanitary Code are defined for the purposes
thereof as follows:
Antiseptic--an agent that destroys disease causing microorganisms on
human skin or mucosa.
Aftercare--written instructions given to the consumer, specific to the
body art procedure(s) rendered, on caring for the body art and surrounding area.
These instructions will include information when to seek medical treatment,
if necessary.
Body Art--the practice of physical body adornment by registered
establishments and operators utilizing, but not limited to, the following
techniques: tattooing, cosmetic tattooing, body piercing, branding and
scarification. This definition does not include practices that are considered
medical procedures by a state medical board, such as implants under the
skin, and shall not be performed in a commercial body art facility. This
definition does not include the piercing of the lobe of the ear using
pre-sterilized
single use stud and clasp ear piercing system.
Body Piercing--puncturing or penetration of the skin of a person using
pre-sterilized single use needles and the insertion of pre-sterilized
jewelry or
other adornment thereto in the opening, except puncturing the lobe of the
ear
using a pre-sterilized single use stud and clasp ear piercing system shall
not
be included in this definition.
Branding--inducing a pattern of scar tissue development by means of a
heated
instrument.
Client--a consumer requesting the application of a tattoo, body piercing
services or permanent cosmetic application services.
Commercial Body Art Facility--as defined herein and in LSA-R.S.
40:2831(1)
means any location, place, area, or business, whether permanent or
temporary,
which provides consumers access to personal services workers who for
remuneration perform any of the following procedures:
a. tattooing or the insertion of pigment under the surface of the skin of a
human being, by pricking with a needle or otherwise, to produce an indelible
mark or figure visible under the skin;
b. body piercing or the creation of an opening in the body of a human
being for the purpose of inserting jewelry or other decoration; but does not for
the purposes of this Chapter, include piercing an ear with a disposable, single
use stud or solid needle that is applied using a mechanical device to force the
needle or stud through the ear;
c. the application of permanent cosmetics or pigments under the skin of a
human being for the purpose of permanently changing the color or other
appearance of the skin, including but not limited to permanent eyeliner, eye
shadow, or lip color.
Contaminated Waste--any liquid or semi-liquid blood or other potentially
infectious materials; contaminated items that would release blood or other
potentially infectious materials in a liquid or semi-liquid state if
compressed;items that are caked with dried blood or other potentially [*1617]
infectious materials and are capable of releasing these materials during
handling;
sharps and any wastes containing blood and other potentially infectious
materials,
as defined in 29 Code of Federal Regulations Part 1910.1030 (latest edition),
known as "Occupational Exposure to Bloodborne Pathogens."
Consumer--any individual who is provided access to a commercial body art
facility which is required to be registered pursuant to the provisions of
this chapter.
Disinfection--the destruction of disease-causing microorganisms on
inanimate
objects or surfaces, thereby rendering these objects safe for use or
handling.
Department--the Department of Health and Hospitals.
Ear Piercing--the puncturing of the lobe of the ear using a
pre-sterilized
single use stud and clasp ear piercing system following manufacturers
instructions.
Equipment--all machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks and all
other apparatus and appurtenances used in connection with the operation of a
commercial body art facility.
Hand Sink--a lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms or other portions of the body.
Invasive--entry into the body either by incision or insertion of an
instrument into or through the skin or mucosa, or by any other means
intended to puncture, break or compromise the skin or mucosa.
Jewelry--any personal ornament inserted into a newly pierced area, which
must be made of surgical implant grade stainless steel, solid 14k or 18k white
or
yellow gold, niobium, titanium or platinum, a dense, low-porosity plastic
and which is free of nicks, scratches or irregular surfaces and which has been
properly sterilized prior to use.
Manager--any individual designated by the owner to manage the daily
business of a commercial body art facility.
Operator--any individual designated by the registrant to apply or to
assist in the performance of body art procedures upon the consumer for
remuneration. The term includes technicians who work under the operator and
perform body
art activities.
Owner--any person who operates a commercial body art facility.
Person--any natural person, partnership, corporation, association,
governmental subdivision, receiver, tutor, curator, executor, administrator,
fiduciary, or representative of another person, or public or private
organization of any character.
Protective Gloves--gloves made of vinyl or latex.
Registrant--any person who is registered with the department as required
by R.S. 40:2832.
Sanitize--to adequately treat equipment by a process that is effective in
destroying vegetative cells of microorganisms of public health significance,
and in substantially reducing numbers of other undesirable microorganisms
without adversely affecting the equipment or its safety for the consumer.
Sharps--any object (sterile or contaminated) that may purposefully or
accidentally cut or penetrate the skin or mucosa including, but not limited
to,pre-sterilized, single use needles, scalpel blades and razor blades.
Sharps Container--a puncture-resistant, leak-proof container that can be
closed for handling, storage, transportation and disposal and is labeled
with the international "biohazard" symbol.
Single Use--products or items that are intended for one-time, one-person
use and are disposed of after use on each client including, but not limited to,
cotton swabs or balls, tissues or paper products, paper or plastic cups,
gauze and sanitary coverings, razors, piercing needles, scalpel blades,
stencils,
ink cups and protective gloves.
Sterilization--a very powerful process resulting in the destruction of
all forms of microbial life, including highly resistant bacterial spores.
Tattooing--any method of placing ink or other pigment into or under the
skin or mucosa by the aid of needles or any other instruments used to puncture
the skin, resulting in permanent coloration of the skin or mucosa. This includes
all forms of cosmetic tattooing.
Temporary Commercial Body Art Facility--any place or premise operating at
a fixed location where an operator performs body art procedures for no more
than 14 days consecutively in conjunction with a single event or celebration.
Temporary Demonstration Registration--the registration issued by the
Department to a temporary commercial body art facility, as defined herein,
as required by Section 28:018 of this Chapter and R.S. 40:2832 for a period of
time not to exceed 14 consecutive calendar days.
Temporary Operator Registration--the registration issued by the
Department to an operator, as defined herein, to perform body art procedures at
a
temporary commercial body art facility approved and registered by the
Department.
Universal Precautions--a set of guidelines and controls, published by the
Center for Disease Control (CDC) as "guidelines for prevention of
transmission of human immunodeficiency virus and hepatitis B virus to
health-care and
public-safety workers" in Morbidity and Mortality Weekly Report (MMWR), June
23, 1989, Vol. 38, No. S-6, and as "recommendations for preventing transmission
of human immunodeficiency virus and hepatitis B virus to patients during
exposure-prone invasive procedures," in MMWR, July 12, 1991, Vol. 40, No.
RR-8. This method of infection control requires the employer and the employee to
assume that all human blood and specified human body fluids are infectious
for HIV, HBV and other blood pathogens. Precautions include hand washing,
gloving, personal protective equipment, injury prevention, and proper handling
and
disposal of needles, other sharp instruments, and blood and body fluid
contaminated products.
28:002. Facility Standards
All commercial body art facilities shall meet the following criteria.
28:002-1. All areas shall be kept clean and in good repair.
28:002-2. All procedure surfaces, including counters, tables, equipment,
chairs,or recliners, that are in treatment and sterilization areas shall be made
of
smooth, nonabsorbent, and nonporous materials.
28:002-3. All wall, floor, and ceiling surfaces within each procedure
area
shall be smooth, free of open holes or cracks, light colored, washable and in
good
repair. Walls, floors and ceilings shall be maintained in a clean condition.
28:002-4. Surfaces or blood spills shall be cleaned using an EPA
registered,
hospital-grade disinfectant.
28:002-5. Each facility shall provide a handwashing sink to be used
solely
for handwashing in body art procedure area for the exclusive use of the
operator. A separate restricted area away from public access shall be provided
in each
facility for the purpose of handling contaminated equipment, instruments and
sterilization operations. Also, a separate instrument sink shall be provided
for the sole purpose of cleaning instruments and equipment prior to
sterilization in addition to the sink that is located in the restrooms. These
sinks shall be provided with hot (120 degrees Fahrenheit minimum) and cold
running water
under pressure dispensed from a mixing valve. There shall also be available at
all
sinks and lavatories, powdered or liquid soap in a soap dispenser, disposable
single use towels or automatic hand drying device, and a refuse container.
28:002-6. Toilet facilities shall be kept clean and in good repair and
in working order at all times. If only one restroom is provided, it must contain
a
water closet and a handwashing sink equipped with a powdered or liquid soap
dispenser and disposable single use towels or automatic hand drying device,
as must all restrooms.
28:002-7. The facility shall be provided with adequate and sufficient
artificial or natural lighting equivalent to at least 20 foot candles three feet
off
the floor, except that at least 100 foot candles shall be provided at the level
where the body art procedure is being performed, and where instruments and
sharps are assembled.
28:002-8. The facility shall be well ventilated with natural or
mechanical
methods that remove or exhaust fumes, vapors, or dust in order to prevent
hazardous conditions from occurring or to allow the free flow of air in a
room in proportion to the size of the room and the capacity of the room.
28:002-9. If a room used for any business purposes other than body art
procedures is the same room or is adjacent to a room used for body art
procedures, then the department may require that one or more of the
following requirements be satisfied if there are conditions that the department
considers a possible threat to the health of the employees, the customers, or
the
public:
(a) A solid partition shall separate the premises used for other business
purposes from the commercial body art area. The partition may contain a
door, provided it remains closed except for entering and leaving.
(b) A separate outside entrance shall be provided for the facility.
Pets or other animals shall not be permitted in the commercial
body art facility. This prohibition shall not apply to trained guide animals for
the disabled, sightless, or hearing impaired; or fish in aquariums.
28:003. Required equipment; articles and materials: Commercial body art
facility registrants and operators shall provide and maintain the following
tattooing
and/or piercing equipment and supplies at the place of business:
28:003-1. Tattoo machine or hand pieces, of non porous material which can
be
sanitized;
28:003-2. Stainless steel or carbon needles and needle bars;
28:003-3. Stainless steel, brass or lexan tubes that can be sanitized;
28:003-4. Stencils, plastic acetate or single use disposable carbon
paper;
28:003-5. Sterilization bags with color strip indicator;
28:003-6. Disposable protective gloves;
28:003-7. Single use or disposable razors, tongue depressors, lubricants
or
medicines;
28:003-8. Single use towels, tissues or paper products;
28:003-9. Sharps container and BIOHAZARD waste bags;
28:003-10. Commercially purchased inks, dyes and pigments;
28:003-11. A trash receptacle(s);
28:003-12. Commercially available spore tests performed monthly;
28:003-13. Single-use hollow piercing stainless steel needles;
28:003-14. Approved equipment for cleaning and sterilizing instruments;
28:003-15. All tables or chairs made of nonporous material that can be
cleaned and sanitized;
28:003-16. All piercing instruments shall be made of stainless steel;
28:003-17. Bleach or hard-surface disinfectants, or both;
28:003-18. Antibacterial hand soap; and
28:003-19. Minimum of 10 pre-sterilized needle/tube packs or 10 single
use
needle/tube packs per artist in respect to tattooist.;
28:004. Practice standards; restrictions
28:004-1. Prior to any body art procedure, a consent form shall be
completed
and signed by each client. Aftercare instructions shall be given to the client
both verbally and in writing after every service. The written care instructions
shall advise the client to consult the body art operator or a qualified health
care professional at the first sign of abnormal inflammation/swelling or
possible
infection.
28:004-2. Registrants may obtain advice from physicians regarding medical
information needed to safeguard consumers and body art operators.
28:004-3.
(a). Registrants shall keep an individual written record of each client.
That record shall include the name and address of the client; the date of each
service; description of service; the color, manufacturer and lot number of
each of each pigment used for each tattoo or permanent cosmetic procedure
performed.
(b). The following information should be requested by the registrant or
operator and recorded on the client's written record required in
28:004-3(a): In order to promote proper healing of the body art procedure
performed, we ask
that you disclose if you have, or have had, any of the following conditions
which
may affect the healing process:
a. diabetes;
b. history of hemophilia (bleeding);
c. history of skin diseases, skin lesions or skin sensitivities to soap,
disinfectants, etc.;
d. history of allergies or adverse reactions to pigments, dyes or other
skin
sensitivities;
e. history of epilepsy, seizures, fainting or narcolepsy.
f. pregnancy or breast-feeding/nursing;
g. immune disorders;
h. scarring (keloid).
(c). Each commercial body art facility shall display a sign clearly
visible to each client which bears the following wording: "There may be risks
associated with the procedures of commercial body art, which includes permanent
tattoos, body piercing and permanent cosmetic application, that may adversely
affect
the healing process if you have, or have had, any of the following conditions:
a. diabetes;
b. history of hemophilia (bleeding);
c. history of skin diseases, skin lesions or skin sensitivities to soap,
disinfectants, etc.;
d. history of allergies or adverse reactions to pigments, dyes or other
skin
sensitivities;
e. history of epilepsy, seizures, fainting or narcolepsy.
f. pregnancy or breast-feeding/nursing;
g. immune disorders;
h. scarring (keloid).
The sign required in this sub-section shall be printed in upper and lower
case letters which are at least one-half inch and one-quarter inch in height
respectively.
28:004-4. For permanent cosmetic procedures, operators shall take
photographs for corrective procedures before and after the procedure and retain
such
photographs.
28:004-5. Records shall be kept for a minimum of three years.
28:004-6. Inks, dyes, or pigments shall be purchased from a commercial
supplier or manufacturer. Products banned or restricted by the Food and Drug
Administration shall not be used.
28:004-7. Registrants or operators shall not perform tattooing and body
piercing for any of these individuals:
a. On a person who is inebriated or appears to be incapacitated by the
use of alcohol or drugs;
b. On persons who show signs of intravenous drug use;
c. On persons with sunburn or other skin diseases or disorders such as
open lesions, rashes, wounds, puncture marks in areas of treatment;
f. On persons with psoriasis or eczema present in the treatment area;
e. On persons under 18 years of age without the presence, consent and
proper identification of a parent, legal custodian parent or legal guardian as
prescribed in R.S. 14:93.2 (A) and (B). Nothing in this section is intended
to require an operator to perform any body art procedure on a person under 18
years of age with parental or guardian consent.
28:004-8. Use of a piercing gun to pierce shall be prohibited on all
parts
of the body, including the outer cartilage perimeter of the ear with the
exception of the ear lobe.
28:004-9. Use of personal client jewelry or any apparatus or device
presented by the client for use during the initial body piercing shall be
sterilized
prior to use. Each facility shall provide pre-sterilized jewelry, apparatus, or
devices, which shall be of metallic content recognized as compatible with body
piercing.
28:004-10. No person afflicted with an infectious or communicable disease
that may be transmitted during the performance of body art procedures shall be
permitted to work or train in a commercial body art facility.
28:004-11. No commercial body art facility shall require an operator to
knowingly work upon a person suffering from any infectious or communicable
disease that may be transmitted during the performance of permanent color,
tattoo application, or body piercing.
28:004-12. Nothing shall prohibit a commercial body art facility operator
from refusing to provide services to anyone under the age of 18.
28:005. Operator Training
28:005-1. Each commercial body art facility registrant shall establish
and
maintain procedures to ensure that all operators that perform commercial
body art procedures receive adequate training and hold a current certificate in
CPR,first aid, blood borne pathogens and disease transmission prevention.
28:005-2. Commercial Body Art Trainer means any person who provides
training
in the commercial body art field to students for a fee. The training facility
shall be a fully accredited educational institution and the curriculum shall
include training specified in 28:005-1.
28:005-3. Commercial body art facility registrants and owners must only
hire
operators who have registered with the department and have received training
as required in Subsections 28:005-1 and 28:005-2.
28:006. Hand Washing and Protective Gloves
28:006-1. Prior to and immediately following administering services to a
client,all registrants and operators shall thoroughly wash their hands and nails
in
hot, running water with soap and rinse them in clear, warm water.
28:006-2. All registrants and operators shall wear protective gloves
during
services. Protective gloves shall be properly disposed of immediately
following service.
28:006-3. Protective gloves will be changed during a procedure if the
need
of additional supplies are needed.
28:007. Preparation and Aftercare of Treatment Area on Clients
28:007-1. Body art operators shall cleanse the client's skin, excluding
the
areas surrounding the eyes, by washing with an EPA-approved antiseptic
solution applied with a clean, single-use paper product, before placing the
design on
the client's skin or beginning tattooing or permanent cosmetic work.
28:007-2. If the area is to be shaved, the operator shall use a
single-use
disposable safety razor and then rewash the client's skin.
28:007-3. Substances applied to the client's skin to transfer the design
from stencil or paper shall be single use.
28:007-4. Aftercare shall be administered to each client following
service,
as stated in sections 28:004-1 and 28:016-12 of this chapter.
28:008. Cleaning Methods Prior to Sterilization
28:008-1. Each operator shall clean all non-electrical instruments prior
to
sterilizing by brushing or swabbing to remove foreign material or debris,
rinsing, and then performing either of the following steps:
a. Immersing them in detergent and water in an ultrasonic unit that
operates at 40 to 60 hertz, followed by a thorough rinsing and wiping; or
b. submerging and soaking them in a protein-dissolving detergent or
enzyme cleaner, followed by a thorough rinsing and wiping.
28:008-2. For all electrical instruments, each operator shall perform the
following:
a. first remove all foreign matter; and
b. disinfect with an EPA -registered disinfectant with demonstrated
bactericidal, fungicidal, and virucidal activity used according to
manufacturer's instructions.
28:009. Instrument Sterilization Standards
28:009-1. Commercial body art facility operators shall place cleaned
instruments used in the practice of tattooing, permanent cosmetics or piercing
in
sterile bags, with color strip indicators, and shall sterilize the instruments
by
exposure to one cycle of an approved sterilizer, in accordance with the
approved sterilization modes in section 28:010 of this chapter.
28:009-2. The provisions of this chapter shall not apply to electrical
instruments.
28:010. Approved Sterilization Modes
28:010-1. Instruments used in the practice of commercial body art
services
shall be sterilized, using one of the following methods:
a. In a steam or chemical autoclave sterilizer, registered and listed
with the Federal Food and Drug Administration (FDA), and used, cleaned, and
maintained according to manufacturer's directions; or
b. With single-use, prepackaged, sterilized equipment obtained from
reputable suppliers or manufacturers.
28:010-2. Facility registrants and operators shall sterilize all piercing
instruments that have or may come in direct contact with a client's skin or
be exposed to blood or body fluids. Piercing needles shall not be reused. All
piercing needles shall be single use.
28:010-3. All sterilizing devices shall be tested on a monthly basis for
functionality and thorough sterilization by use of the following means:
a. Chemical indicators that change color, to assure sufficient
temperature and proper functioning of equipment during the sterilization cycle;
and
b. A biological monitoring system using commercially prepared spores, to
assure that all microorganisms have been destroyed and sterilization has
been achieved. This testing shall be performed on a monthly basis for tattoo and
body piercing facilities.
28:010-4. Sterilization device test results shall be made available at
the
facility at all times for inspection by the state health officer for a
minimum of three years.
28:011. Waste Receptacles
28:011-1. Following body art procedures for each client, the registrant
or
operator shall deposit all waste material related to treatment in a
container of the type specified in Section 28:011-3 of this Chapter.
28:011-2. Waste disposed in a reception area and restrooms shall be
limited
only to materials that are not used in providing body art services to clients or
are practice related.
28:011-3. Waste disposal containers shall be constructed of non-absorbent
and readily cleanable materials, shall have smooth surfaces and shall be kept
clean and in good repair.
28:01. Linens
28:012-1. Each registrant or operator shall use clean reusable linens or
disposable linens for each client.
28:012-2. A common towel shall be prohibited.
28:012-3. Air blowers may be substituted for hand towels.
28:012-4. Each registrant or operator shall store clean linens, tissues,
or
single-use paper products in a clean, enclosed storage area until needed for
immediate use.
28:012-5. Each registrant or operator shall dispose of or store used
linens
in a closed or covered container until laundered.
28:012-6. Each registrant or operator shall launder used linens either by
a
regular, commercial laundering or by a noncommercial laundering process that
includes immersion in water at 160 degrees Fahrenheit for not less than 15
minutes during the washing and rinsing operations.
28:013. Clean Instruments and Products Storage
28:013-1. Before use, disposable products that come in contact with the
areas to be treated shall be stored in clean containers that can be closed
between
treatments.
28:013-2. Clean, sterilized reusable instruments that come in contact
with
the areas to be treated shall be packed in self-sealing sterilization packages
and stored in clean, dry covered containers.
28:013-3. Clean, sterilized reusable transfer instruments, including
forceps, trays, and tweezers, shall be packed in self-sealing sterilization
packages
and stored in clean, dry covered containers.
28:014. Chemical Storage
28:014-1. Each registrant or operator shall store chemicals in labeled,
closed containers in an enclosed storage area. All bottles containing poisonous
or
caustic substances shall be additionally and distinctly marked as such and
shall be stored in an area not open to the public.
28:015. Handling Disposable Materials
28:015-1. All potentially infectious waste materials shall be handled,
stored and disposed of in a manner specified in Chapter 27 of the State Sanitary
Code.
28:015-2. Each registrant or operator shall dispose of disposable
materials
coming into contact with blood, body fluids, or both, in a sealable plastic
bag that is separate from sealable trash or garbage liners or in a manner that
protects not only the registrant or operators and the client, but also
others who may come into contact with the material, including sanitation
workers.
Waste materials shall be kept secured from public access. Waste dumpsters shall
be
kept locked.
28:015-3. Disposable, sharp objects that come in contact with blood or
body
fluids shall be disposed of in a sealable, rigid, puncture-proof container
that is strong enough to protect the registrant or operators, clients, and
others
from accidental cuts or puncture wounds that could happen during the
disposal process.
28:015-4. Registrants or operators shall have both sealable plastic bags
or
sealable rigid containers available at the facility.
28:015-5. Each registrant or operator shall follow universal precautions
in
all cases.
28:016. Tattoo and Permanent Cosmetic Procedures; Preparation and Aftercare
28:016-1. During preparation, performance of service, and aftercare
phases
all substances shall be dispensed from containers in a manner to prevent
contamination of the unused portion. Use of a covered spray bottle to apply
liquid to skin is acceptable and will enhance the prevention of
cross-contamination. Single use tubes or containers and applicators shall be
discarded following tattoo service. [*1621]
28:016-2. The client's skin shall be cleansed, excluding the areas
surrounding the eyes, by washing with a Food and Drug Administration (FDA)
compliant
antiseptic solution applied with a clean single-use paper product before
placing the design on the client's skin or beginning tattooing work.
28:016-3. If the area is to be shaved, the operator shall use a single
use
disposable safety razor and then rewash client's skin.
28:016-4. Substances applied to client's skin to transfer design from
stencil or paper shall be single use. Paper stencils and skin scribes shall be
single-use and disposed of immediately following service.
28:016-5. Body pencils used during a tattoo and permanent cosmetic
service
shall have the tip removed, the body and tip of the pen disinfected, and the tip
sharpened to remove exposed edge after use on a client and prior to use on
another client.
28:016-6. The plastic or acetate stencil used to transfer the design to
the
client's skin shall be thoroughly cleansed and rinsed in an Environmental
Protection Agency (EPA) approved high-level disinfectant according to the
manufacturers instructions and then dried with a clean single-use paper
product.
28:016-7. Individual portions of inks, dyes, or pigments dispensed from
containers or bottles into single-use containers shall be used for each
client. Any remaining unused ink, dye or pigments shall be discarded immediately
following service and shall not be re-used on another client.
28:016-8. Excess ink, dye, or pigment applied to the client's skin shall
be
removed with clean single-use paper product.
28:016-9. Use of styptic pencils or alum solids to check any blood flow
is
prohibited.
28:016-10. Upon completion of tattooing, the operator shall cleanse the
skin, excluding the area surrounding the eyes, with a clean, single-use paper
product saturated with an EPA-approved antiseptic solution.
28:016-11. A sanitary covering shall be placed over designs and adhered
to
the skin with suitable medical skin tape.
28:016-12. Each operator shall provide aftercare, which shall consist of
both verbal and written instructions concerning proper care of the tattooed
skin.
Instructions shall specify the following information:
a. care following the procedure;
b. advise clients to contact the body art operator or a qualified health
care professional at the first sign of abnormal inflamation, swelling or
possible
infection; and
c. restrictions.
28:017. Body Piercing Procedures
Body piercing operators shall be responsible for adhering to the
following standards while serving clients in the commercial body art facility.
28:017-1. Each operator shall observe and follow thorough hand washing
procedures with soap and water or an equivalent hand washing product before
and after serving each client and as needed to prevent cross contamination or
transmission of body fluids, infections or exposure to service-related
wastes or chemicals.
28:017-2. Each operator shall cleanse the client's skin, excluding the
areas
surrounding the eyes, by washing it with an FDA registered antiseptic
solution applied with a clean, single-use paper product before and after
piercing the
client's skin.
28:017-3. All substances shall be dispensed from containers in a manner
to
prevent contamination of the unused portion. Single use swabs, applicators,
lubricants, cups, skin scribes or marking instruments shall be discarded
following the piercing service.
28:017-4. Any type of marking pen used by the operator shall be applied
on
cleansed skin only or shall be a surgical marking pen sanitized by design,
including alcohol-based ink pens. The operator shall remove the tip of each
body pencil used during a piercing, shall disinfect the body and the tip of the
pencil, and shall sharpen the tip to remove the exposed edge prior to
disinfection.
28:017-5. Use of styptic pencils or alum solids to control blood flow
shall
be prohibited.
28:017-6. Aftercare shall be administered to each client following
service.
Aftercare shall consist of both verbal and written instructions concerning
proper care of the pierced area. Instructions shall specify the following
information:
a. care following service;
b. advise clients to contact the body art operator or a qualified health
care professional at the first sign of abnormal inflamation, swelling or
possible
infection; and
c. restrictions.
28:017-7. Operators who have open sores or bleeding lesions on their
hands
shall not have client contact until the lesions have healed to the scab phase.
Each operator shall cover them with protective gloves or impervious bandages
prior to contact with clients.
28:017-8. Operators shall wear eye goggles, shields, or masks if
spattering
is likely to occur while providing services.
28:018. Registration
28:018-1. Each person owning or operating a commercial body art facility
or
facilities within the State of Louisiana on January 1, 2000 shall register
each facility with the department no later than March 1, 2000.
28:018-2. Each person acquiring or establishing a commercial body art
facility within the State of Louisiana after January 1, 2000, shall register the
facility with the department prior to beginning operation of such a facility.
28:018-3. No person shall operate a commercial body art facility without
first having registered that facility as provided by Subsections 28:018-1 and
28:018-2 of this section. The application for registration of commercial body
art
facilities shall be submitted on forms provided by the department and shall
contain all the information required by such forms and any accompanying
instructions.
28:018-4. Each person managing a commercial body art facility and each
person acting as an operator as defined in Section 28:001 of this Chapter on
January 1, 2000, shall register with the department no later than March 1, 2000.
28:018-5. Each person who begins to act as a manager or operator in a
commercial body art facility after January 1, 2000, shall register the facility
as
required in this Chapter prior to beginning operation of such a facility.
28:018-6. No person shall act as a manager or operator in a commercial
body
art facility without having first registered as provided in Subsections 28:018-4
and 28:018-5 of this section. The applications for registration shall be
submitted on forms provided by the department and shall contain all of the
information
required by such forms and any accompanying instructions. [*1622]
28:018-7. Any person or facility approved by the department for training
commercial body art operators pursuant to R.S. 37:2743(A)(4) shall register
with the department upon approval. The applications for registration shall be
submitted on forms provided by the department and shall contain all of the
information required by such forms and any accompanying instructions.
28:018-8. As part of the application for registration process, owners of
commercial body art facilities shall submit a scale drawing and floor plan
of the proposed establishment to the department for a review. This shall apply
to new construction and to renovation of any existing property.
28:019. Registration Application Form
28:019-1. The department shall require at least the following information
for registration:
a. name, physical address, mailing address and telephone number and
normal business hours of each commercial body art facility;
b. name, residence address, mailing address and telephone number of the
owner of each commercial body art facility;
c. for each manager or operator: name, residence address, mailing
address, telephone number, place(s) of employment as a manger or operator,
training
and/or experience, proof of attendance of an approved operator training
course as specified in Section 28:005 of this Chapter;
d. name, mailing address, telephone number and owner, manager or contact
person for each operator training facility.
28:020. Registration Fees
28:020-1. The following fees shall accompany each application for initial
registration:
Registrant Fee
Owner of facility $ 1,000.00
Manager of facility $ 200.00
Operator $ 100.00
Training Facility or Person $ 3,000.00
Make check or money orders payable to the Department of Health and
Hospitals.
28:021. Issuance of Certificate of Registration
28:021-1. A certificate of registration shall be issued upon receipt of
an
application and the required registration fee provided that no certificate
of registration will be issued until an inspection has been made of the
commercial body art facility and it has been found to be operating in compliance
with
the provisions of R.S. 40:2831 through 40:2834 and the provisions of this
Chapter of the Sanitary Code.
28:021-2. Certificates of registration shall be displayed in an open
public
area of the commercial body art facility.
28:021-3. Certificates of registration shall expire annually on December
31.
28:021-4. Certificates of registration shall be issued only to the
applicants and shall not be transferable.
28:022. Renewal of Certificate of Registration
28:022-1. Each registrant shall file applications for renewal of
certificate
of registration annually on forms provided by the department. The renewal
application shall be forwarded to the mailing address of the registrant as
listed on the last application for registration submitted to the department.
28:022-2. The following fees shall accompany each application for
registration renewal:
Registrant Renewal Fee
Owner of facility $ 500.00
Manager of facility $ 150.00
Operator $ 60.00
Training Facility or Person $ 1,000.00
Make check or money orders payable to the Department of Health and
Hospitals.
28:022-3. Provided that a registrant files a required application with
the
department in proper form not less than 30 days prior to the expiration date
stated on the certificate of registration, the certificate shall not expire
pending final action on the application by the department.
28:023. Temporary Commercial Body Art Facility/Operator Registration
28:023-1. Temporary commercial body art facilities and, when required,
operator registrations may be issued for body art services provided outside of
the
physical site of a registered permanent facility for the purposes of product
demonstration, industry trade shows or for educational reasons.
28:023-2. Temporary commercial body art facility and/or operator
registrations will not be issued unless:
a. the applicant furnishes proof of compliance with Section 28:018 of
this Chapter relating to operator's registration;
b. the applicant is currently affiliated with a permanent fixed location
or permanent facility which, is registered by the department;
c. applicants who reside outside of Louisiana must demonstrate to the
department that they hold a valid registration or license to operate a
commercial body art facility at a permanent fixed location issued by the
state or local regulatory authority within their respective state;
d. the temporary site complies with Section 28:025 of this Chapter.
28:023-3. In lieu of attendance at a bloodborne pathogens training
program
approved by the department within the past year as specified in Section
28:005 of this Chapter, the applicant may furnish proof of attendance at
equivalent
training which is acceptable to the Department.
28:023-4. Temporary registrations expire after 14 consecutive calendar
days
or at the conclusion of the special event, whichever is less.
28:023-5. Temporary commercial body art facility and/or operator
registrations will not be issued unless the applicant has paid a reasonable fee
as set by
the department.
28:023-6. The temporary commercial body art facility and/or operator
registration(s) shall not be transferable from one place or person to
another.
28:023-7. The temporary commercial body art facility and/or operator
registrations shall be posted in a prominent and conspicuous area where they
may be readily seen by clients.
28:024. Temporary commercial body art facility/operator registration
requirements
28:024-1. A temporary registration may be issued by the Department for
educational, trade show or product demonstration purposes only. The
registration may not exceed 14 calendar days. [*1623]
28:024-2. A person who wishes to obtain a temporary demonstration
registration must submit the request in writing for review by the Department, at
least
thirty (30) days prior to the event. The request should specify:
a. The purpose for which the registration is requested.
b. The period of time during which the registration is needed (not to
exceed 14 consecutive calendar days per event), without re-application;
c. The fulfillment of operator requirements as specified in Section
28:005 of this Chapter;
d. The location where the temporary demonstration registration will be
used;
28:024-3. The applicant's demonstration project must be contained in a
completely enclosed, non-mobile facility (e.g. inside a permanent building).
28:024-4. Compliance with all of the requirements of this Code, including
but not limited to:
a. Conveniently located handwashing facilities with liquid soap, paper
towels and hot and cold water under adequate pressure shall be provided.
Drainage
in accordance with local plumbing codes is to be provided. Antiseptic single
use hand wipes, approved by the Department, to augment the handwashing
requirements of this section must be made readily available to each operator;
b. A minimum of 80 square feet of floor space;
c. At least 100 foot candles of light at the level where the body art
procedure is being performed;
d. Facilities to properly sterilize instruments - evidence of spore test
performed on sterilization equipment thirty (30) days or less prior to the
date of the event, must be provided; or only single use, prepackaged, sterilized
equipment obtained from reputable suppliers or manufacturers will be
allowed;
e. Ability to properly clean and sanitize the area used for body art
procedures.
28:024-5. The facility where the temporary demonstration registration is
needed must be inspected by the Department and a certificate of registration
issued
prior to any body art procedures being performed.
28:024-6. Temporary demonstration registrations issued under the
provisions
of Sec
