State Of North CarolinaPart 11. Tattooing.
§ 130A-283. Tattooing regulated.
(a) Definition. - As used in this Part, the term "tattooing"
means the inserting of permanent markings or coloration, or the producing
of scars, upon or under human skin through puncturing by use of a needle
or any other method. (b) Prohibited Practice. - No person shall engage in
tattooing without first obtaining a tattooing permit from the Department.
Licensed Physicians, as well as physician assisants and nurse
practicioners working under the supervision of a licensed physician, who
perform tattooing within the normal course of their professional practice
are exempt from the requirement of this Part. (c) Application. - To obtain
a tattooing permit, a person must apply to the Department. Upon receipt of
the application, the Department, acting through the local health
department, shall inspect the premises, instruments, utensils, equipment
and procedures of the applicant to determine whether the applicant meets
the requirements for a tattooing permit set by the Commission. If the
applicant meets these requirements, the Department shall issue a permit to
the applicant. A permit is valid for one year and must be renewed annually
by applying to the Department for a permit renewal. (d) Violations. - The
Department may deny an application for a tattooing permit if an applicant
does not meet the requirements set by the Commission for the permit. The
Department may suspend, revoke, or refuse to renew a permit if it finds
that tattooing is being performed in violation of this Part. In accordance
with G.S. 130A-24(a), Chapter 150B of the General Statutes, the
Administrative Procedures Act, governs appeals concerning the enforcement
of this Part. (e) Limitation. - A permit issued pursuant to this Part does
not authorize a person to remove a tattoo from the body of a human being.
Compliance with this Part is not a bar to prosecution for a violation of
G.S. 14-400.(1993 (Reg. Sess., 1994), c. 670, s. 1.)
SECTION .3200 - TATTOOING
.3201 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Blood and Body Fluid Precautions" means a method of
infection control in which all human blood and body fluids are treated as if
known to be infectious for human immunodeficiency virus (HIV), hepatitis B
virus (HBV), and other infections that can be transmitted by contact with
blood.
(2) "Department" means the Department of Environment, Health, and
Natural Resources. The term also means the authorized agent of the department.
(3) "Sharps" means any objects that can penetrate the skin
including, but not limited to, needles, razor blades, scalpels, and broken
capillary tubes.
(4) "Sterilize" means the approved microbicidal treatment by a
process which provides enough accumulative heat or concentration of chemicals
for a length of time sufficient to eliminate the microbial count, including
pathogens.
(5) "Tattooing" means tattooing as defined in G.S. 130A-283.
(6) "Tattoo Artist" means any person who engages in tattooing.
(7) "Tattoo Establishment" means any location where tattooing is
engaged in or where the business of tattooing is conducted or any part
thereof. For purposes of this Section, "Tattoo Parlor" falls within
this definition.
(8) "Tattooing Room" means a room in the tattoo establishment
where tattooing is performed.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3202 PERMITTING
(a) Every person engaged in the practice of tattooing shall register with
their local health department on or before January 1, 1995, by providing their
name, the address of the location at which they engage in tattooing, and their
hours of operation.
(b) No person shall engage in tattooing on or after June 1, 1995, without
first obtaining a tattooing permit issued by the department. Persons permitted
to engage in tattooing in counties with local rules shall obtain a tattooing
permit from the department on or after June 1, 1995. Nothing herein shall
preclude counties with local rules from permitting tattoo artists prior to
June 1, 1995, at which time all tattoo artists shall be permitted by the
department.
(c) No tattooing permit shall be issued to a person until an inspection by
the department verifies compliance with this Section.
(d) Tattooing permits shall be issued in the name of the individual tattoo
artist, shall list the address of the tattoo establishment where the artist
will practice, and shall not be transferable to another person or place of
practice.
(e) A valid tattooing permit shall be posted in the premises of the tattoo
establishment in a conspicuous place where it may be easily observed by the
public upon entering the establishment.
(f) Application for a tattooing permit shall be submitted to the local
health department. The application shall include at least the following
information:
(1) Name of tattoo artist;
(2) Mailing address of tattoo artist;
(3) Name of tattoo establishment;
(4) Street address of tattoo establishment;
(5) Anticipated date of commencing operation; and
(6) Signature of tattoo artist.
(g) Any additional information requested by the department to verify
compliance with this Section shall be submitted with the permit application.
An initial application for issuance of a tattooing permit shall be submitted
no less than 30 days before anticipated commencement of tattooing by the
artist within the jurisdiction of the local health department issuing the
permit. Application for renewal of an existing tattooing permit shall be
submitted to the local health department at least 30 days prior to the
expiration date of the existing permit.
(h) Any permit application fee established by the local board of health
shall be paid upon submission of the application.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3203 WATER SUPPLY
(a) The water supply serving a tattoo establishment shall be an approved
potable water supply. Public water supplies that meet the requirements of 15A
NCAC 18C shall be approved.
(b) When a public water supply is not available and a private water supply
is used, the water supply for a tattoo establishment shall be located,
constructed, maintained, and operated in accordance with the Rules Governing
the Protection of Private Water Supplies, 15A NCAC 18A .1700.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3204 SEWAGE DISPOSAL
Sewage shall be disposed of in accordance with 15A NCAC 18A .1900 or 15A
NCAC 2H .0200.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3205 SOLID WASTE MANAGEMENT AND DISPOSAL
Solid waste management and disposal for tattoo establishments shall be in
accordance with 15A NCAC 13B.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3206 RECORDS, HEALTH REQUIREMENTS FOR PATRONS
(a) Retrievable records for each patron shall be kept by the tattoo artist.
The patron shall be required to record or verify their name, address, phone
number, date of birth, and provide their signature.
(b) Records shall be kept for a minimum of two years and shall be made
available to the department on demand.
(c) No person with visible jaundice (yellowing of the eyes or skin) shall
be tattooed.
(d) No tattooing shall be done on skin surface that has a rash, pimples,
boils, infections, or manifests any evidence of being reddened or inflamed.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3207 CONSTRUCTION
(a) Each tattoo establishment shall have at least one tattooing room. This
room shall be separate and apart from all other areas in the establishment,
and access to this room shall be restricted. Patrons shall be tattooed only in
the tattooing room, and there shall be a separate work station for each patron
within the tattooing room. Furniture and furnishings within the tattooing room
shall be constructed to be easily cleanable, maintained in good repair, and
kept clean.
(b) At least one lavatory with mixing faucets supplied with hot and cold
running water under pressure shall be provided for every five artists for hand
washing and utensil washing. Lavatories shall be accessible to the tattooing
room such that tattoo artists can wash their hands and return to the tattoo
room without having to touch anything with their hands. Access to these
lavatories shall be restricted to the tattoo artists. Each lavatory shall be
easily cleanable, in good repair, and kept free of storage.
(c) Poisons, including germicidal solutions, used in the tattoo
establishment shall be stored in covered containers with labels identifying
the contents.
(d) The tattooing room shall be maintained clean and in good repair. The
floor of the tattooing room shall be of impervious material and shall be
maintained in clean condition at all times.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3208 OPERATION AND MAINTENANCE
(a) Antiseptic soap and a germicidal solution shall be available to each
tattoo artist. Individual hand scrub brushes and fingernail files or orange
sticks for each tattoo artist shall also be available. Before tattooing the
first patron of the day, each tattoo artist shall scrub his hands and forearms
with an antiseptic soap and warm water for five minutes using a clean
individual hand brush and an individual file or orange stick for his
fingernails; and he shall repeat this process for two to three minutes before
tattooing each subsequent patron that day. An individual disposable towel
shall be used for drying the tattoo artist's hands and arms after rinsing.
Each tattoo artist shall wear clean disposable latex surgical gloves and a
clean or disposable gown or coat or a clean or disposable lap cloth while
engaged in tattooing. Gloves must be changed between patrons and disposed of
after each use. There shall be no use of tobacco or other smoking materials in
the tattooing room, and there shall be no eating of food or drinking of
beverages in the tattooing room by the tattoo artist.
(b) Tattooing instruments and other equipment shall be cared for as
follows:
(1) All clean and ready-to-use instruments, dyes, carbons, and stencils
shall be kept in a closed container, case, or storage cabinet while not in
use. The storage cabinet shall be maintained in a sanitary manner at all
times. Sterile instruments shall be kept in sterile packages or containers;
(2) Only disposable needles shall be used in the tattooing process, and a
new needle or set of needles shall be used on each patron;
(3) Autoclaving shall be used for sterilization of the needle bar tube and
needle bar of the tattoo machine before use on each patron. The needle bar
tube of the tattooing machine shall be cleaned after each use and before being
sterilized for use with the next patron;
(4) The needles and instruments required to be sterile shall be handled
with aseptic technique during the tattooing procedure so they are not
contaminated before use; and
(5) The effectiveness of the autoclave in killing bacterial endospores
shall be tested once each month by using an endospore-impregnated strip.
Results of this test shall be recorded for review annually by the department.
(c) All sharps, including the needles after removal from the needle bar,
shall be stored and disposed of in containers that are rigid,
puncture-resistant, and leak-proof when in an upright position.
(d) Blood and body fluid precautions shall be practiced by the tattoo
artist when the potential for contact with blood and body fluids exists in any
procedure.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3209 TATTOOING PROCEDURES
(a) Sterilized or new disposable razors shall be used for each patron when
it is necessary to shave the area to be tattooed.
(b) The site of the tattoo shall be cleaned with a germicidal solution,
which shall be applied in a circular, centrifugal manner before the design is
placed on the skin. If the area to be tattooed is shaved, this cleaning shall
be performed after shaving the area. Any other sterile, individual towels or
gauze that are used in preparing the site to be tattooed shall be properly
disposed of after use on each patron.
(c) The use of styptic pencils, alum blocks, or other solid styptics to
control bleeding is prohibited unless a separate, disposable styptic is used
for each patron.
(d) If a stencil is used, only clean disposable stencils for transferring
the design to the skin shall be used, and no stencil may be used on more than
one patron.
(e) Single-service individual containers of dye or ink shall be used for
each patron and the container shall be discarded immediately after completing
work on a patron. Any dye or ink in which the needles were dipped shall be
treated likewise so as not to be used on another person.
(f) After completing the tattoo, the tattooed area shall be cleaned with a
clean facial tissue or paper towel, and an antibacterial ointment may be
applied. The area shall then be covered with a sterile dressing.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3210 INSECT, RODENT AND VECTOR CONTROL
The premises shall be kept clean and free of vermin at all times. There
shall be no fly or mosquito breeding places or rodent harborage on the
premises. Non-human animals shall not be allowed in the tattooing room. Litter
under the control of the tattoo artist or operator shall not be permitted to
accumulate on the premises.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3211 PROCEDURE WHEN INFECTION SUSPECTED
All infections resulting from the practice of tattooing which become known
to the tattoo artist shall be reported to the local health department by the
tattoo artist within 48 hours.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-29;
Eff. April 1, 1995.
.3212 PERMIT REVOCATION
The Department may suspend or revoke permits in accordance with G.S.
130A-23.
History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a
period of 180 days or until the permanent rule becomes effective, whichever is
sooner;
Statutory Authority G.S. 130A-23; 130A-29.
Title: North Carolina General Assembly - NCGS CHAPTER
14
Linkage: http://www.ncga.state.nc.us
Document: CHAPTER 14. Criminal Law. SUB-CHAPTER I.
GENERAL PROVISIONS. ARTICLE 1. Felonies and Misdemeanors. ?4-1. Felonies
and misdemeanors defined. A felony is a crime which: (1) Was a felony at
common law; (2) Is or may be punishable by death;...
NORTH CAROLINA
ADMINISTRATIVE CODE
SECTION .3200. TATTOOING
.
3201 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Blood and Body Fluid Precautions" means a method of infection
control in which all human blood and body fluids are treated as if known
to be
infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV),
and other
infections that can be transmitted by contact with blood.
(2) "Department" means the Department of Environment, Health, and
Natural
Resources. The term also means the authorized agent of the department.
(3) "Sharps" means any objects that can penetrate the skin including,
but
not limited to, needles, razor blades, scalpels, and broken capillary
tubes.
(4) "Sterilize" means the approved microbicidal treatment by a process
which provides enough accumulative heat or concentration of chemicals
for a length
of time sufficient to eliminate the microbial count, including
pathogens.
(5) "Tattooing" means tattooing as defined in G.S. 130A-283.
(6) "Tattoo Artist" means any person who engages in tattooing.
(7) "Tattoo Establishment" means any location where tattooing is engaged
in or where the business of tattooing is conducted or any part thereof.
For
purposes of this Section, "Tattoo Parlor" falls within this definition.
(8) "Tattooing Room" means a room in the tattoo establishment where
tattooing is performed.
.3208 OPERATION AND MAINTENANCE
(a) Antiseptic soap and a germicidal solution shall be available to each
tattoo artist. Individual hand scrub brushes and fingernail files or
orange
sticks for each tattoo artist shall also be available. Before tattooing
the
first patron of the day, each tattoo artist shall scrub his hands and
forearms with an antiseptic soap and warm water for five minutes using a
clean
individual hand brush and an individual file or orange stick for his
fingernails; and
he shall repeat this process for two to three minutes before tattooing
each
subsequent patron that day. An individual disposable towel shall be used
for
drying the tattoo artist's hands and arms after rinsing. Each tattoo
artist
shall wear clean disposable latex surgical gloves and a clean or
disposable
gown or coat or a clean or disposable lap cloth while engaged in
tattooing.
Gloves must be changed between patrons and disposed of after each use.
There shall
be no use of tobacco or other smoking materials in the tattooing room,
and
there shall be no eating of food or drinking of beverages in the
tattooing room by
the tattoo artist.
(b) Tattooing instruments and other equipment shall be cared for as
follows:
(1) All clean and ready-to-use instruments, dyes, carbons, and stencils
shall be kept in a closed container, case, or storage cabinet while not
in use.
The storage cabinet shall be maintained in a sanitary manner at all
times.
Sterile instruments shall be kept in sterile packages or containers;
(2) Only disposable needles shall be used in the tattooing process, and
a
new needle or set of needles shall be used on each patron;
(3) Autoclaving shall be used for sterilization of the needle bar tube
and needle bar of the tattoo machine before use on each patron. The
needle bar
tube of the tattooing machine shall be cleaned after each use and before
being
sterilized for use with the next patron;
(4) The needles and instruments required to be sterile shall be handled
with aseptic technique during the tattooing procedure so they are not
contaminated before use; and
(5) The effectiveness of the autoclave in killing bacterial endospores
shall be tested once each month by using an endospore-impregnated strip.
Results
of this test shall be recorded for review annually by the department.
(c) All sharps, including the needles after removal from the needle bar,
shall be stored and disposed of in containers that are rigid,
puncture-resistant, and leak-proof when in an upright position.
(d) Blood and body fluid precautions shall be practiced by the tattoo
artist when the potential for contact with blood and body fluids exists
in any
procedure.
.3202 PERMITTING
(a) Every person engaged in the practice of tattooing shall register
with
their local health department on or before January 1, 1995, by providing
their name, the address of the location at which they engage in
tattooing, and
their hours of operation.
(b) No person shall engage in tattooing on or after June 1, 1995,
without
first obtaining a tattooing permit issued by the department. Persons
permitted to engage in tattooing in counties with local rules shall
obtain a tattooing
permit from the department on or after June 1, 1995. Nothing herein
shall
preclude counties with local rules from permitting tattoo artists prior
to
June 1, 1995, at which time all tattoo artists shall be permitted by the
department.
(c) No tattooing permit shall be issued to a person until an inspection
by the department verifies compliance with this Section.
(d) Tattooing permits shall be issued in the name of the individual
tattoo artist, shall list the address of the tattoo establishment where
the artist
will practice, and shall not be transferable to another person or place
of
practice.
(e) A valid tattooing permit shall be posted in the premises of the
tattoo establishment in a conspicuous place where it may be easily
observed by the
public upon entering the establishment.
(f) Application for a tattooing permit shall be submitted to the local
health department. The application shall include at least the following
information:
(1) Name of tattoo artist;
(2) Mailing address of tattoo artist;
(3) Name of tattoo establishment;
(4) Street address of tattoo establishment;
(5) Anticipated date of commencing operation; and
(6) Signature of tattoo artist.
(g) Any additional information requested by the department to verify
compliance with this Section shall be submitted with the permit
application.
An initial application for issuance of a tattooing permit shall be
submitted no
less than 30 days before anticipated commencement of tattooing by the
artist
within the jurisdiction of the local health department issuing the
permit.
Application for renewal of an existing tattooing permit shall be
submitted
to the local health department at least 30 days prior to the expiration
date of
the existing permit.
(h) Any permit application fee established by the local board of health
shall be paid upon submission of the application.
.3207 CONSTRUCTION
(a) Each tattoo establishment shall have at least one tattooing room.
This room shall be separate and apart from all other areas in the
establishment,
and access to this room shall be restricted. Patrons shall be tattooed
only in
the tattooing room, and there shall be a separate work station for each
patron
within the tattooing room. Furniture and furnishings within the
tattooing
room shall be constructed to be easily cleanable, maintained in good
repair, and
kept clean.
(b) At least one lavatory with mixing faucets supplied with hot and cold
running water under pressure shall be provided for every five artists
for
hand washing and utensil washing. Lavatories shall be accessible to the
tattooing
room such that tattoo artists can wash their hands and return to the
tattoo
room without having to touch anything with their hands. Access to these
lavatories shall be restricted to the tattoo artists. Each lavatory
shall be easily
cleanable, in good repair, and kept free of storage.
(c) Poisons, including germicidal solutions, used in the tattoo
establishment shall be stored in covered containers with labels
identifying the contents.
(d) The tattooing room shall be maintained clean and in good repair. The
floor of the tattooing room shall be of impervious material and shall be
maintained in clean condition at all times.
.
3211 PROCEDURE WHEN INFECTION SUSPECTED
All infections resulting from the practice of tattooing which become
known to the tattoo artist shall be reported to the local health
department by the
tattoo artist within 48 hours.
.3210 INSECT, RODENT AND VECTOR CONTROL
The premises shall be kept clean and free of vermin at all times. There
shall be no fly or mosquito breeding places or rodent harborage on the
premises.
Non-human animals shall not be allowed in the tattooing room. Litter
under
the control of the tattoo artist or operator shall not be permitted to
accumulate on the premises.
.3206 RECORDS, HEALTH REQUIREMENTS FOR PATRONS
(a) Retrievable records for each patron shall be kept by the tattoo
artist.
The patron shall be required to record or verify their name, address,
phone
number, date of birth, and provide their signature.
(b) Records shall be kept for a minimum of two years and shall be made
available to the department on demand.
(c) No person with visible jaundice (yellowing of the eyes or skin)
shall
be tattooed.
(d) No tattooing shall be done on skin surface that has a rash, pimples,
boils, infections, or manifests any evidence of being reddened or
inflamed.
