State Of New HampshireState of
New Hampshire
HOUSE RECORD
First Year of the 157th Session of the General
Court
Calendar and Journal of the 2001 Session
Vol. 23 Concord NH Friday, March 30, 2001 No. 27
Contains: Reports and Amendments for April 5, Committee Hearings, Work
Sessions and Notices
THURSDAY, APRIL 5
CONSENT CALENDAR
CHILDREN AND FAMILY LAW
HB 155,
relative to the initial appearance in CHINS cases.
INEXPEDIENT TO LEGISLATE
Rep. Thomas I Arnold, Jr. for Children and Family Law: The
committee believes this portion of the CHINS (Children In Need of Services)
procedure should be reviewed during the broader study of CHINS under House Bill
144.
Vote 14-0.
HB 269, requiring parental consent for tongue piercing.
INEXPEDIENT
TO LEGISLATE
Rep. Carolyn M. Gargasz for Children and Family Law: This
bill requiring parental consent for tongue piercing is unnecessary because the
Health, Human Services and Elderly Affairs Committee is recommending a study
committee on tongue piercing, body piercing and tattooing that will deal with
this issue.
Vote 16-0.
TITLE XXX OCCUPATIONS AND PROFESSIONS
CHAPTER 314-A
TATTOO PARLORS
Section 314-A:3
314-A:3 Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, relative to the hygienic
practice of tattooing and sanitary operations of tattoo establishments. Such
rules shall include:
I. Standards of hygiene to be met and maintained by establishments and
practitioners in order to receive and maintain a license to carry out the
practice of tattooing.
II. Procedures to be used to grant a license, revoke a license, and
reinstitute a license.
III. Inspection of tattoo establishments.
IV. Any other matter necessary to the administration of this chapter.
Source. 1994, 280:1. 1995, 310:183, eff. Nov. 1, 1995.
HB 1377
STATE OF NEW HAMPSHIRE
In the year of Our Lord
One Thousand Nine Hundred and Ninety-Six
AN ACT
relative to cosmetic tattooing.
Be it Enacted by the Senate and House of
Representatives in General Court convened:
1 New Paragraph; Definition Added. Amend RSA 314-A:1 by inserting after
paragraph III the following new paragraph:
IV. "Cosmetic tattooing" means the tattooing of permanent makeup onto
the face of a client of a tattoo practitioner.
2 New Paragraph; Rulemaking Added. Amend RSA 314-A:3 by inserting after
paragraph III the following new paragraph:
III-a. Level of experience required for a tattoo practitioner to perform
cosmetic tattooing.
3 Effective Date. This act shall take effect 60 days after its passage.
CHAPTER He-P 1100 TATTOO REGULATIONS
PART He-P 1101 DEFINITIONS
He-P 1101.01 "Applicant" means a tattoo practitioner who is
applying for a license to practice tattooing or for a tattoo establishment
license.
Source.
#6080, eff 8-19-95
He-P 1101.02 "Antiseptic technique" means the practice of
prevention of infection by inhibiting the growth of infectious agents, and the
transmission of infectious agents from one person or place to another person or
place.
Source.
#6080, eff 8-19-95
He-P 1101.03 "Body piercing" means "body piercing" as
defined in RSA 314-A:4.
Source.
#6080, eff 8-19-95
He-P 1101.04 "Branding" means inducing a pattern of scar tissue
development by means of a heated instrument.
Source.
#6080, eff 8-19-95
He-P 1101.05 "Clean" means to be free from dirt, stains, impurities
or foreign matter.
Source.
#6080, eff 8-19-95
He-P 1101.06 "Commissioner" means the commissioner of the
department of health and human services.
Source.
#6080, eff 8-19-95
He-P 1101.07 "Communicable disease" means "communicable
disease", as defined in RSA 141-C:2, IV.
Source.
#6080, eff 8-19-95
He-P 1101.08 "Cosmetic tattooing" means the tattooing of permanent
make-up onto the face of a client.
Source.
#6080, eff 8-19-95
He-P 1101.09 "Director" means "director" as defined in
RSA 314-A:l, I.
Source.
#6080, eff 8-19-95
He-P 1101.10 "Disinfected" means to have been cleansed of disease
producing organisms.
Source.
#6080, eff 8-19-95
He-P 1101.11 "Division" means the division of public health
services.
Source.
#6080, eff 8-19-95
He-P 1101.12 "Good repair" means free from structural and cosmetic
defects such as holes and tears.
Source.
#6080, eff 8-19-95
He-P 1101.13 "Guest artist" means a visiting tattoo practitioner.
Source.
#6080, eff 8-19-95
He-P 1101.14 "Initial tattoo establishment license'' means the first New
Hampshire tattoo establishment license obtained by an applicant.
Source.
#6080, eff 8-19-95
He-P 1101.15 "Initial tattoo practitioner license" means the first
New Hampshire tattoo practitioner license obtained by a person.
Source.
#6080, eff 8-19-95
He-P 1101.16 "Intradermal pigment implantation" means a tattoo.
Source.
#6080, eff 8-19-95
He-P 1101.17 "License" means the certificate issued by the division
to practice as a tattoo practitioner or to operate a tattoo or mobile tattoo
establishment.
Source.
#6080, eff 8-19-95
He-P 1101.18 "Mobile tattoo establishments" means tattoo
establishments set up in enclosed vehicles such as trailers or other enclosed
space for use during a specific period of time.
Source.
#6080, eff 8-19-95
He-P 1101.19 "Permanent make-up" means tattoos applied to facial
area in place of cosmetics.
Source.
#6080, eff 8-19-95
He-P 1101.20 "Person" means an individual, partnership,
association, corporation, firm or other legal entity to whom a license can be
issued.
Source.
#6080, eff 8-19-95
He-P 1101.21 "Pigment" means the materials used in tattooing to
implant a lasting pattern in the skin.
Source.
#6080, eff 8-19-95
He-P 1101.22 "Practitioner" means tattoo "practitioner"
as defined in RSA 314-A:l, II.
Source.
#6080, eff 8-19-95
He-P 1101.23 "Sanitary" means practices which promote cleanliness
and conditions favorable to health such as scrubbing areas with soap or
detergent, removing dust, dirt or debris, and maintaining
an orderly area.
Source.
#6080, eff 8-19-95
He-P 1101.24 "Scarification" means a type of tattooing as defined
in RSA 314-A:l, III which produces scars on the body instead of utilizing
pigment to implant a lasting pattern in the skin.
Source.
#6080, eff 8-19-95
He-P 1101.25 "Single use" means that the implement or material will
be opened fresh for the client, used and discarded after use.
Source.
#6080, eff 8-19-95
He-P 1101.26 "Sterilize" means to render free from infectious
organisms by means of an autoclave.
Source.
#6080, eff 8-19-95
He-P 1101.27 "Tattoo" means "tattoo,, as defined in RSA
314-A:l, III.
Source.
#6080, eff 8-19-95
He-P 1101.28 "Tattoo establishment" means a room or enclosed space
in which the business of tattooing, scarification or body piercing is conducted.
Source.
#6080, eff 8-19-95
He-P 1101.29 "Universal precautions" means "universal
precautions" as defined in He-P 301.03(f).
Source.
#6080, eff 8-19-95
PART He-P 1102 LICENSING REQUIREMENTS
He-P 1102.01
Initial Practitioner License.
(a) An applicant shall obtain a tattoo practitioner's application form from
the division.
(b) An applicant for a tattoo practitioner's license shall submit a completed
application to the division.
(c) An applicant shall provide the following to the division on a tattoo
practitioner's application form:
(1) The applicant's name, home, mailing or business address and
telephone number;
(2) The applicant's date of birth;
(3) A description of the applicant's experience in performing
tattooing, scarification or body piercing, including:
a. The length of time the applicant has practiced;
b. The name, address and telephone number of the tattoo
establishment for which the applicant worked as an apprentice;
c. The length of time as an apprentice; and
d. A description of the duties performed.
(4) A statement signed by a licensed physician, licensed advanced
registered nurse practitioner or licensed physician's assistant in
accordance with He-P 1101(f);
(5) Copies of any licenses, registrations or certificates issued to the
applicant as a tattoo practitioner;
(6) A 2" x 2" signed passport photograph of the applicant;
and
(7) The fee for licensure as a tattoo practitioner as prescribed in
He-P 1102.11(a).
(d) Applicants for a tattoo practitioner's license who wish to perform
cosmetic tattooing shall submit documentation of 4 years of experience as a
tattoo practitioner.
(e) Documentation of experience required pursuant to (d) above shall be in
the form of:
(1) Business records;
(2) Previous licenses or permits held; or
(3) Other documentation which indicates the length of time as a tattoo
practitioner.
(f) Applicants for a tattoo practitioner's license shall be examined by a
physician, physician's assistant or advanced registered nurse practitioner no
more than 90 days prior to submission of the application and shall obtain a
statement from the physician, physician's assistant or advanced registered nurse
practitioner that he/she found the practitioner to be in good physical health.
(g) Applicants for a tattoo practitioner's license who submit an application
to the division completed in accordance with He-P 1102.01 shall be granted a
license.
Source.
#6080, eff 8-19-95
He-P 1102.02
Initial Tattoo Establishment License.
(a) All persons who wish to obtain an initial tattoo establishment license
shall submit an application to the director on forms provided by the division.
(b) Applicants for an initial tattoo establishment license shall provide the
following on an application provided by the division:
(1) The name of the owner;
(2) The name, and street address of the tattoo establishment, including
city and state;
(3) The mailing address of the tattoo establishment if different from
street address;
(4) The home telephone number of the owner;
(5) The telephone number of the tattoo establishment;
(6) The names, addresses and copies of the current licenses of all
tattoo practitioners who work at the establishment;
(7) The days and hours of operation; and
(8) The signature of the owner.
(c) In addition to the application described in (b) above, the applicant
shall submit written approval, on a form provided by the division, from the
local:
(1) Health officer;
(2) Building officer;
(3) Zoning officer; and
(4) Fire chief.
(d) Written approval from the local officials shall include:
(1) Signed and dated statements that the tattoo establishment meets
applicable local codes and requirements; or
(2) A signed and dated statement that there are no applicable local
codes or requirements.
(e) In addition to the application described in (b) above, the applicant
shall submit the fee required under He-P 1102.11(b).
(f) In accordance with RSA 541-A:29, I, within 60 days of receipt of the
application by the director, the owner shall be notified in writing if the
application is complete.
(g) If the application is incomplete or contains errors, the owner shall be
notified in writing of the omission or errors.
(h) If the applicant practices in a town or city which regulates the practice
of tattooing, in addition to the requirements of (b), (c), (d), and (e) above,
the applicant shall submit written documentation of the following:
(1) That the town or city has inspected the establishment for
compliance with town or city requirements within the 12 months previous to
the submission of the application for establishment licensure; and
(2) That the town or city has approved operation of the establishment
at meeting the town or city requirements for operation of a tattoo
establishment.
(i) Once a completed application for an initial license is received, the
director shall inspect the tattoo establishment in accordance with He-P 1102.04
unless the applicant submits the written documentation listed in (h) above in
which case a license shall be issued without further inspection and shall expire
12 months from the date of issuance.
(j) If the inspection provided for in (i) above determines that the tattoo
establishment is in compliance with He-P 1100, a license shall be issued and
shall expire 12 months from the date of issuance.
Source.
#6080, eff 8-19-95
He-P 1102.03
Licenses for Mobile Tattoo Establishments.
(a) Mobile tattoo establishments shall submit:
(1) The material required under:
a. He-P 1102.02(a);
b. He-P 1102.02 (b);
c. He-P 1102.02(c);
d. He-P 1102.02(d); and
e. He-P 1102.02(e); and
(2) The following additional information:
a. The proposed locations of the mobile establishment; and
b. The time period not to exceed 90 days in each location in which
the mobile establishment shall be utilized to perform tattooing,
scarification or body piercing.
(b) If the mobile tattoo establishment is located in a trailer, or
recreational vehicle, the owner shall arrange for inspection to occur in the
parking lot of the health and human services building on a mutually acceptable
date within 90 days from the date the division received the completed
application.
Source.
#6080, eff 8-19-95
He-P 1102.04
Inspections of Tattooing Establishments.
(a) All tattoo establishments shall be inspected in accordance with He-P
1100.
(b) Inspections shall be required prior to issuance of the following licenses
as follows:
(1) Initial establishment license;
(2) Renewal establishment license; and
(3) License issued to new owners.
(c) In those cities and towns which regulate the practice of tattooing, no
inspection by the division shall be conducted if the city or town has:
(1) Inspected the establishment for compliance with local tattoo
ordinances within the previous 12 months; and
(2) Approved the operation of the tattoo establishment.
(d) Inspections shall be made to determine if:
(1) Tattooing, including scarification or body piercing is being
performed as defined in RSA 314-A;
(2) Individuals performing tattooing, including scarification or body
piercing are licensed in accordance with RSA 314-A and He-P 1102.01 or
He-P 1102.05; and
(3) The requirements of RSA 314-A and He-P 1103 or He-P 1104 are being
met.
(e) Inspections shall be conducted by appointment.
(f) The tattoo establishment shall allow access by the inspectors to all
portions of the establishment and shall provide for inspection any records
required under He-P 1100.
(g) The director shall provide the licensee with a copy of the inspection
report within 30 calendar days after the inspection has been completed.
(h) The inspection report shall include:
(1) The name and address of the establishment;
(2) The date and time of the inspection;
(3) Those items found not to be in compliance with RSA 314-A and He-P
1100; and
(4) The name of the person conducting the inspection.
(i) The establishment shall post the inspection reports in a public and
conspicuous place in the establishment so that all pages of the report shall be
visible.
(j) Within 15 calendar days of receipt of the inspection report, the
establishment shall submit a plan of correction for each deficiency cited.
(k) The plan of correction shall include:
(1) How the establishment is planning to correct the deficiencies; and
(2) When the deficiencies will be corrected.
(l) Upon receipt of the establishment's plan of correction, the director
shall review it to determine the following:
(1) If implementation of the plan of correction shall result in
compliance with RSA 314-A and He-P 1100;
(2) If the proposed correction date will achieve compliance prior to
the expiration of the current license; and
(3) If correction of the deficiency is done in a manner that results in
a different deficiency.
(m) The director shall notify the establishment in writing if the plan of
correction is not acceptable based on (1) above.
(n) Notwithstanding (m) above, for plans of correction which involve either
renovation of the establishment or an expenditure of funds, the establishment
may request that the division accept a plan of correction which will not be
completed prior to the expiration of the current license.
(o) The division shall decide based on the hardship to the establishment, the
safety of the clients and the feasibility of the establishment's plan of
correction whether to grant the request.
(p) If the plan of correction is not acceptable, the establishment shall be
given an opportunity to submit a new plan of correction for review by the
division if the current tattoo establishment license has not expired.
(q) If the current tattoo establishment license has expired prior to receipt
of an acceptable plan of correction, a warning shall be issued in accordance
with He-P 1106.01(a).
(r) The director shall conduct an onsite follow up inspection or, if
correction of the deficiencies can be verified by telephone or by submission of
documents, contact the facility to verify that the plan of correction, accepted
by the division, has been implemented.
(s) If the onsite or telephone follow up determines that the plan of
correction has not been implemented, a warning shall be issued to the
establishment in accordance with He-P 1106.01(a).
(t) Failure to meet the terms of the warning shall result in denial of the
license in accordance with He-P 1106.03.
Source.
#6080, eff 8-19-95
He-P 1102.05
Renewal of Practitioner License.
(a) All applicants for practitioner license renewal shall complete and submit
an application which contains the information described in He-P 1102.02(b) to
the director prior to the expiration of their current license.
(b) All applicants for a practitioner license renewal shall complete at least
3 contact hours from classes or workshops in one of the following subjects:
(1) Disease transmission;
(2) Bloodborne pathogens;
(3) Universal precautions;
(4) Sanitary tattoo practice; or
(5) Sterilization and aseptic techniques.
(c) At least 120 days prior to the expiration of a tattoo practitioners
license, the director shall send an application for renewal to the last known
address of the licensee.
(d) Failure to receive an application for renewal prior to the expiration of
the current license shall not remove the obligation by the tattoo practitioner
for timely submission of an application for renewal.
(e) In addition to the application required by He-P 1102.05(a), the applicant
for a tattoo practitioner license renewal shall also submit the following
documents:
(1) A statement, signed by a licensed physician, licensed advanced
registered nurse practitioner or licensed physician's assistant in
accordance with He-P 1101(f);
(2) A list of the type of tattooing, including scarification or body
piercing he/she intends to perform;
(3) The address of the tattoo establishment in which they practice, or
if the tattoo establishment is a mobile establishment, the current
location of the mobile establishment in which they practice;
(4) Documentation in the form of a certificate of completion or other
form that he/she has completed 3 contact hours as described in He-P
1102.05 (b) above; and
(5) The tattoo practitioner's fee as specified in RSA 314-A:2.
(f) If the application indicates the practitioner intends to practice
cosmetic tattooing he/she shall submit documentation in accordance with He-P
1102.01(d) and (e).
(g) In accordance with RSA 541-A:29, I within 60 days of receipt of the
application for tattoo practitioner license renewal, the director shall notify
the applicant if the application is complete or contains errors. If the
application is not complete or contains errors, the applicant shall be notified
in writing of the errors or omissions.
(h) In accordance with RSA 541-A:29, I, within 120 days of receipt of the
application for tattoo practitioner licensure renewal, the applicant shall be
notified if the licensing request has been approved.
(i) If the application is complete and is received prior to the expiration of
the current license, the application shall be approved and a new license shall
be issued. The license shall expire12 months from the date of issue.
(j) If a completed application is received after the expiration date of the
current license renewal, procedures shall be in accordance with He-P 1102.09,
relative to lapsed licenses.
Source.
#6080, eff 8-19-95
He-P 1102.06
Renewal of Establishment License.
(a) The tattoo establishment shall complete the application in accordance
with He-P 1102.02.
(b) In accordance with RSA 541:29, I, within 60 days of receipt of the
application for tattoo establishment license renewal, the director shall notify
the owner if the application is complete or contains errors. If the application
is not complete or contains errors, the owner shall be notified of any errors or
omissions.
(c) In accordance with RSA 541-A:29, I, within 120 days of receipt of the
application for tattoo establishment licensure renewal, the facility shall be
notified if the licensing request has been approved or denied.
(d) An application for renewal of a tattoo establishment request shall be
approved if:
(1) The application is complete and contains no material errors;
(2) The application is received by the division prior to the expiration
of the current license;
(3) The establishment is in compliance with RSA 314-A and He-P 1100; or
(4) The establishment is in compliance with RSA 314-A and has been
approved for operation by a town or city which regulates the practice of
tattooing and which has inspected the establishment during the previous 12
months.
(e) The tattoo establishment licensing request shall be denied if:
(1) The application is not completed or contains material errors;
(2) The completed application is received after the expiration of the
current license;
(3) The establishment is not in compliance with RSA 314-A and He-P
1100; or
(4) The establishment is not in compliance with RSA 314-A or has been
denied operation by a town or city which regulates the practice of
tattooing in accordance with RSA 314-A:5, II.
(f) The division shall determine that the establishment meets the
requirements of (d) above and shall issue a renewal license to the tattoo
establishment which shall expire 12 months from the date of issuance.
(g) Upon determination by the division that the licensing renewal is not
approved based on non-compliance with the provisions of (d) above, the division
shall deny the renewal application.
(h) The tattoo establishment may appeal the division's decision to deny the
renewal application in accordance with He-P 1105.03.
Source.
#6080, eff 8-19-95
He-P 1102.07
Change in Practitioner Name or Address.
(a) The tattoo practitioner shall notify the director immediately, in
writing, of any change in his/her mailing address.
(b) Upon changing his/her name, the tattoo practitioner shall submit a
written request for a new license that contains proof of the name change such as
a certified copy or a court document or marriage certificate.
(c) Upon receipt of the notification in He-P 1102.07(b) the director shall
issue a new license reflecting the new name. The license number and expiration
date shall remain the same.
(d) The license with the old name shall be returned to the division upon
receipt of the new license.
Source.
#6080, eff 8-19-95
He-P 1102.08
Change in Establishment Name, Address or Ownership.
(a) When the name of the tattoo establishment changes, but the ownership does
not change, the owner shall submit:
(1) A written request for a new license; and
(2) A cop y of the certificate of amendment issued by the New Hampshire
secretary of state.
(b) Upon receipt of the notification in He-P 1102.08 (a) the director shall
issue a new license reflecting the new name. The license number and expiration
date shall remain the same.
(c) Upon receipt of the new license, the owner shall immediately return the
old license to the director.
(d) A new license shall be obtained in accordance with He-P 1102.02 prior to
an establishment operating after a change in location except for mobile tattoo
establishments located in trailers or recreational vehicle.
(e) A new license shall be obtained in accordance with He-P 1102.02 prior to
an establishment operating after a change in ownership.
(f) A license shall be issued for the sole use and benefit of the licensee to
whom it was issued and shall not be transferable to another person.
(g) Should a tattoo establishment owner die, the tattoo establishment license
shall remain in effect for 120 days following the owner's death to allow for
orderly determination of the sale or closure of the business.
(h) A tattoo practitioner's license shall lapse upon the death of the
practitioner.
Source.
#6080, eff 8-19-95
He-P 1102.09
Lapsed Tattoo Practitioner and Establishment License.
(a) Failure to renew a tattoo practitioner's license prior to the expiration
of the current license shall result in the tattoo practitioner's license lapsing
as of the expiration date.
(b) Failure to renew a tattoo establishment's license prior to the expiration
of the current license shall result in the tattoo establishment's license
lapsing as of the expiration date.
(c) If the tattoo practitioner's application for license renewal is received
more than 90 days after expiration of the license the applicant shall reapply as
an initial practitioner.
(d) If the tattoo practitioner's application for license renewal is received
90 days or less from the date of expiration of the license, a new license shall
be issued upon payment of the fee as required by He-P 1102.11(a).
(e) If the tattoo establishment's application for license renewal is received
30 days or less from the date of expiration of the license a new license shall
be issued upon:
(1) Payment of the fee as required by He-P 1102.11(b); and
(2) Achieving compliance with RSA 314-A and He-P 1100 as determined by
an inspection.
(f) The tattoo license issued in accordance with He-P 1102.09(d) and (e)
shall expire on the same day that expiration would have occurred if the license
had not expired.
(g) If the tattoo establishment's application for license renewal is received
more than 30 days after expiration of the establishment license, the applicant
shall reapply as an initial establishment.
Source.
#6080, eff 8-19-95
He-P 1102.10
Lost, Destroyed or Damaged License.
(a) When a tattoo practitioner license or a tattoo establishment license
becomes lost, destroyed or damaged, the owner shall notify the director
immediately in writing setting forth the circumstances surrounding the license
being lost, destroyed or damaged.
(b) Upon receipt of the information required by He-P 1102.10(a) the director
shall issue a replacement license.
(c) The replacement license number and expiration date shall remain the same.
(d) The replacement license shall be marked "copy".
Source.
#6080, eff 8-19-95
He-P 1102.11
Fees.
(a) The fees required for the licensing of a tattoo practitioner shall be
$50.00.
(b) The fees required for the licensing of a tattoo establishment shall be
$50.00.
(c) All fees shall be nontransferable and nonrefundable.
(d) Fees shall be paid in the form of cash, or checks or money orders made
payable to the Treasurer - State of New Hampshire.
Source.
#6080, eff 8-19-95
PART He-P 1103 TATTOO ESTABLISHMENT REQUIREMENTS
He-P 1103.01
Physical Environment.
(a) All tattoo establishments shall be clean and free from rodents and
vermin.
(b) The floor(s) and walls in the tattoo area shall be smooth, nonabsorbent
and washable.
(c) Furniture in the waiting area and in the area utilized for tattooing,
including scarification or body piercing shall be clean and in good repair.
(d) The area utilized for tattooing shall be separated from the waiting area
by curtains or a full partition to a minimum height of 6 feet in order to assure
privacy.
(e) A toilet room with hot and cold running water shall be available to
clients.
(f) The area utilized for tattooing, including scarification or body piercing
shall contain the following:
(1) Hot and cold running water under pressure;
(2) Individual paper towels in a holder;
(3) Areas for the storage of instruments, pigments, and other supplies;
(4) Countertop workspace made of nonpermeable materials and cleansed
with a germicidal solution immediately prior to and after each tattoo;
(5) Lighting sufficient to perform the tattooing, scarification or body
piercing process;
(6) Single use surgical or examination gloves;
(7) A rigid, puncture resistant container for disposal of sharps such
as needles in accordance with He-P 1103.02(o); and
(8) A waste container for other waste in accordance with He-P
1103.02(p).
(g) Each establishment shall have an ultrasonic cleaner or equipment for
soaking instruments in glutaraldehyde for 24 hours prior to sterilization in an
autoclave.
(h) Each establishment shall scrub all equipment with soap or detergent and
water to ensure that it is free of all pigments and residue prior to
sterilization of that equipment.
(i) Each establishment shall have an autoclave for sterilization of
instruments unless:
(1) All instruments are pre-sterilized single use items; or
(2) The establishment has a contract for sterilization of needles and
needle bars with an outside company.
(j) Contracts for sterilization, if used, and manifests of items sterilized
shall be maintained in the establishment for 2 years and shall be available for
review by the division upon request.
(k) Tattoo establishments shall employ only licensed tattoo practitioners to
perform tattooing, including scarification or body piercing in a tattoo
establishment.
Source.
#6080, eff 8-19-95
He-P 1103.02
Antiseptic Techniques and Procedures.
(a) Each tattooist shall cleanse his/her hands thoroughly with soap and hot
running water immediately before starting a tattoo, including scarification or
body piercing procedure on each client.
(b) Tattoo practitioners shall wear clean outer garments or lab coats to
perform any procedure.
(c) There shall be no smoking, eating, or drinking in the room by the
practitioner or customer during the conduct of tattoo, including scarification
or body piercing procedures.
(d) Single use surgical gloves shall be used by the tattoo practitioner
during any tattoo, including scarification or body piercing procedure.
(e) No practitioner shall knowingly perform any tattoo, including
scarification or body piercing procedure when suffering from any communicable
disease.
(f) When it is necessary to shave the area to be tattooed, a new, disposable
razor or blade for each client shall be used.
(g) Common shaving mugs and brushes shall be prohibited.
(h) The tattoo practitioner shall refuse to perform a procedure on any client
who shows signs of:
(1) Being intoxicated;
(2) Utilizing intravenous drugs; or
(3) Having open sores, oozing wounds, lesions or other skin conditions.
(i) The skin shall be prepared first by cleaning the area with an antiseptic
soap and warm water, or cleaned with soap and warm water. Following the
cleansing, a germicidal solution shall be applied to the area.
(j) Single use individual absorbent towels, tissues or pads shall be used in
preparing the site to be tattooed, scarified, or pierced.
(k) The stencil, unless composed of acetate, shall be used for a single
tattooing procedure only. If acetate stencils are used, they shall be washed and
disinfected between uses.
(1) A set of individual, sterilized tattoo needles shall be used for each new
client.
(m) Single service or individual containers of pigments shall be used for
each client and any remaining pigments in the container following the procedure
shall be discarded.
(n) Used needles shall be placed in an appropriate infectious waste sharps
container.
(o) Disposal of infectious waste sharps shall be in accordance with Env-Wm
2604.
(p) Disposal of potentially hazardous or hazardous substances shall be in
accordance with Env-Wm 500.
(q) Excess pigments shall be removed with individual single use absorbent
towels, tissues or pads or cotton only.
(r) Petrolatum or antiseptic ointment such as A & D ointment may be used
on the fresh tattoo.
(s) Petrolatum or antiseptic ointment shall be removed from the container
using a single use sterile stick.
(t) If dispensing petrolatum or antiseptic ointment from a tube, the mouth of
the tube shall not touch the client's skin.
(u) The tattooed, including the scarified or pierced area, if covered, shall
be covered with a piece of sterile non-stick gauze or cotton prior to covering
with tissue or other materials which can be fastened with adhesive tape.
(v) Needle bars, tubes and grips shall be cleaned by use of an ultrasonic
cleaner prior to sterilization.
(w) Immersion time in the ultrasonic cleaner for all equipment shall be for a
minimum of 5 minutes.
(x) If an ultrasonic cleaner is not available, needle bars, tubes and grips
shall be soaked 24 hours in a solution of glutaraldehyde prepared in accordance
with the manufacturers recommendations.
(y) Ultrasonic cleaning tank detergent shall be changed each day of use.
(z) Instruments used in tattooing such as tattoo needle bars, grips and tubes
shall be individually packaged and sterilized in an autoclave before use on each
client.
(aa) Autoclave times and pressures shall be in accordance with the
manufacturer's recommendation but shall not be less than the equivalent of 250.7
degrees Fahrenheit or 121.5 degrees Celsius under a pressure of 15 pounds per
square inch for 55 minutes.
(ab) Sterilization indicators such as autoclave indicator tapes which change
color when the appropriate temperature and pressure are reached shall be used on
each run.
(ac) Autoclaves shall be maintained in accordance with manufacturer's
recommendations. A record of all maintenance shall be kept for 2 years. Such
records shall include the date and type of maintenance activity and shall be
made available to the division upon request.
(ad) If the autoclave indicator tape does not indicate sterility, the
materials shall be re-autoclaved utilizing a new autoclave indicator tape until
satisfactory sterilization is indicated by the indicator tape.
(ae) The sterilizing date shall be noted on each instrument pack. Sterile
instruments shall be used within 30 days or shall be repackaged and
re-sterilized.
(af) Spore testing, a test utilizing heat resistant bacterial spores which
are subsequently sent to a laboratory for testing shall be conducted quarterly
and a record maintained of the results of the spore tests.
(ag) After completion of the procedure, all individual use items shall be
disposed of and the area cleaned with a disinfectant solution prepared in
accordance with the manufacturer's recommendation.
(ah) Prior to being sterilized, instruments shall not be coated with:
(1) Petrolatum;
(2) Lubricating jelly;
(3) Glycerine;
(4) Oil; or
(5) Grease.
(ai) Not withstanding (ah) above, carbon based needles may be covered with a
light coating of oil.
(aj) Motors or frames shall be damp-wiped with:
(1) 70% alcohol; or
(2) Another disinfectant such as:
a. A 1.5% solution of carbolic acid; or
b. Activated glutaraldehyde solutions such as Cidex; or
c. Covered with clear plastic coverings which shall be changed
between each client.
(ak) All piercing needles, tapers, jewelry, and other equipment that
penetrates the skin used in the body piercing process shall be sterilized as
described in He-P 1103.02 (aa).
(al) Jewelry inserted into a new piercing shall be composed of:
(1) Gold;
(2) Surgical stainless steel;
(3) Platinum;
(4) Titanium;
(5) Monofiliments such as surgical thread; or
(6) Niobium, an alloy formed from oxides in the stainless steel
production process.
(am) Equipment used in scarification procedures shall be sterilized as
described in He-P 1103.02 (aa).
(an) All piercing needles shall be single use and shall be disposed of in an
appropriate infectious waste sharps container in accordance with Env-Wm 2604.
Source.
#6080, eff 8-19-95
He-P 1103.03
Record Keeping.
(a) All clients shall be provided with an information sheet on the care of
the new tattoo or body piercing site.
(b) A copy of this information sheet shall be posted in a conspicuous place
in the tattoo establishment, clearly visible to the client being tattooed,
including being scarified or pierced.
(c) Laboratory test result reports of all spore testing shall be maintained
in the facility for a period of 2 years.
Source.
#6080, eff 8-19-95
He-P 1103.04
Guest Artists.
(a) Any tattoo establishment wishing to have a guest tattoo artist perform
any procedure at the establishment shall ensure that the guest artist is
licensed as a tattoo practitioner in New Hampshire prior to him/her performing
tattooing, including scarification or body piercing procedures.
Source.
#6080, eff 8-19-95
PART He-P 1104 MOBILE TATTOO ESTABLISHMENTS
He-P 1104.01
Physical Environment.
(a) Mobile tattoo establishments shall meet the same physical environment
requirements as a permanent tattoo establishment as described in He-P 1103.01.
(b) Antiseptic techniques and procedures shall be those described in He-P
1103.02.
(c) Tents, tent trailers or open air tattooing, including scarification or
body piercing shall not be allowed.
(d) Mobile tattoo establishments located in a trailer or other motor vehicle
shall prominently display their license number by painting or otherwise applying
the number to the outside of the vehicle visible to persons passing by the
location.
Source.
#6080, eff 8-19-95
He-P 1104.02
Recordkeeping, Location and License Renewal for Mobile Tattoo
Establishments.
(a) Recordkeeping in a mobile tattoo establishment shall be the same as that
required under He-P 1103.03.
(b) In addition to the material required for renewal of the establishment
license as required by He-P 1102.03, a mobile tattoo establishment located in a
trailer or other motor vehicle shall provide in writing to the director:
(1) An itinerary as to the location and dates of operation; and
(2) Approval from local officials for the location of the mobile tattoo
establishment at each location.
(c) The mobile establishment shall notify the division in writing as to any
change in the proposed itinerary.
(d) The division shall inspect the mobile tattoo establishment located in a
trailer or recreational vehicle for license renewal as follows:
(1) If the mobile tattoo establishment is in operation during the time
the division would normally be inspecting the establishment, the
inspection shall be conducted at the establishment; or
(2) If the mobile tattoo establishment is not in operation, the
division shall contact the owner and request the mobile tattoo
establishment be brought to the parking lot of the health and human
services building.
(e) Initial licenses for a mobile tattoo establishment located in temporary
space in a building shall be issued in accordance with He-P 1102.02 initial
establishment license.
(f) Renewal licenses for a mobile tattoo establishment located in temporary
space in a building shall be issued in accordance with He-P 1102.07 renewal of
establishment license.
Source.
#6080, eff 8-19-95
PART He-P 1105 INVESTIGATIONS
He-P 1105.01
Complaint Submission.
(a) Any individual may submit a complaint against:
(1) A licensed tattoo practitioner;
(2) A licensed establishment;
(3) An individual who is not licensed to perform tattooing, including
scarification or body piercing who is suspected of performing tattooing,
including scarification or body piercing; or
(4) An unlicensed establishment.
(b) All complaints shall be in writing.
(c) All complaints shall:
(1) Be sent to the director;
(2) Name the specific practitioner or establishment;
(3) State the specific alleged violation of law or rule;
(4) Include the date of the alleged violation;
(5) Be made within 180 days of the alleged violation; and
(6) Contain the complainant's name and either a telephone number or an
address where the complainant can be contacted.
Source.
#6080, eff 8-19-95
He-P 1105.02
Investigation Conducted.
(a) If the written complaint meets the criteria as set forth in He-P 1105.01,
the director shall conduct an investigation which shall include:
(1) An onsite visit by representatives of the division; and
(2) Questioning of any individuals involved.
(b) At the conclusion of the investigation, the division shall review the
information received to determine if violations of RSA 314-A or He-P 1100 have
occurred.
(c) If deficiencies are cited, the establishment shall respond to the
deficiencies by providing a plan of correction as required in He-P 1102.04
(d) A written report shall be issued to the complainant as to the disposition
of the complaint.
Source.
#6080, eff 8-19-95
PART He-P 1106 DISCIPLINARY ACTION
He-P 1106.01
Warnings.
(a) The director shall issue a written warning to any practitioner or tattoo
establishment in violation of RSA 314-A or He-P 1100 which shall include the
date by which the violation shall be corrected or by which the division shall
proceed with revocation of the license.
(b) If the tattoo practitioner or establishment ignores the warning of the
director, or fails to come into compliance with the terms of the warning, the
director shall issue an order of revocation of the license of the practitioner
or establishment.
Source.
#6080, eff 8-19-95
He-P 1106.02
Revocation of License.
(a) If the director determines that a tattoo practitioner has violated RSA
314-A or He-P 1100 in a way which poses an immediate public health threat to the
safety of clients or the public, the director shall order an immediate
revocation of the practitioner's license subject to the provisions of RSA 541-A.
(b) If the director determines that a tattoo establishment exhibits repeated
uncorrected violations of RSA 314-A or He-P 1100, or endangers the health,
safety or well being of clients or the public he/she shall order a revocation of
the tattoo establishment license subject to the provisions of RSA 541-A and He-P
1106.04.
Source.
#6080, eff 8-19-95
He-P 1106.03
Denial of License Application.
(a) If the director determines that a tattoo establishment has failed to
implement a plan of correction or exhibits repeated uncorrected violations of
RSA 314-A or He-P 1100 the establishment's pending license renewal application
shall be denied.
Source.
#6080, eff 8-19-95
He-P 1106.04
Hearings.
(a) The tattoo practitioner or establishment owner may appeal a warning,
denial of application, or an order for revocation of license by requesting a
hearing pursuant to He-P 200.
(b) If not satisfied with the results of this hearing, a tattoo practitioner
or establishment owner may request a rehearing by the commissioner in accordance
with RSA 541-A.
(c) All requests for rehearing shall be made within 30 days of the issuance
of the decision of the hearing held under He-P 200.
(d) Any person who fails to request a rehearing of the decision of the
director shall waive his right to an appeal.
Source.
#6080, eff 8-19-95
He-P 1106.05
Reinstatement.
(a) Any person whose license is revoked shall not apply for reinstatement
before expiration of 6 months from the date of the order of revocation.
(b) Application for reinstatement of a practitioners or establishment license
shall be submitted to the director.
(c) Application for reinstatement of license shall be in accordance with He-P
1102.01 if a practitioner or He-P 1102.02 if a tattoo establishment.
(d) The director shall reinstate a license providing an inspection by the
division indicates that the conditions for which the revocation was ordered have
been corrected.
(e) The director shall deny an application for reinstatement if his
investigation indicates that the conditions for which the revocation was ordered
have not been corrected.
Source.
#6080, eff 8-19-95
1996 SESSION
3608L
96-2359
01/02
HOUSE BILL
1377
AN ACT relative to cosmetic tattooing.
SPONSORS: Rep. Copenhaver, Graf 10; Sen. Larsen, Dist 15
COMMITTEE: Health, Human Services and Elderly Affairs
ANALYSIS
This bill requires the director of the division of public health services to
adopt rules relative to the level of experience necessary for a tattoo
practitioner to practice cosmetic tattooing.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
EXPLANATION: Matter added to current law appears in
bold italics.
Matter removed from current law appears in [brackets].
Matter which is either (a) all new or (b) repealed and reenacted appears in
regular type.
3608L
96-2359
01/02
HB 1377
STATE OF NEW HAMPSHIRE
In the year of Our Lord
One Thousand Nine Hundred and Ninety-Six
AN ACT
relative to cosmetic tattooing.
Be it Enacted by the Senate and House of
Representatives in General Court convened:
1 New Paragraph; Definition Added. Amend RSA 314-A:1 by inserting after
paragraph III the following new paragraph:
IV. "Cosmetic tattooing" means the tattooing of permanent makeup onto
the face of a client of a tattoo practitioner.
2 New Paragraph; Rulemaking Added. Amend RSA 314-A:3 by inserting after
paragraph III the following new paragraph:
III-a. Level of experience required for a tattoo practitioner to perform
cosmetic tattooing.
3 Effective Date. This act shall take effect 60 days after its passage.
