Maine State Law

1. Department. "Department" means the Department of Human Services.

2. Micropigmentation. "Micropigmentation" means placing nontoxic dyes or pigments into or under the subcutaneous portion of the skin s as to form indelible marks for cosmetic or medical purposes. "Micropigmentation" does not include tattooing.

3. Micropigmentation facility. "Micropigmentation facility" means any space where micropigmentation is practiced.

4. Micropigmentation practitioner. "Micropigmentation practitioner" means a person who practices micropigmentation.

S4322 Licenses Required

1. Requirement. A person may not practice micropigmentation, display a sign or otherwise advertise or purport to be a micropigmentation practitioner unless that person holds a valid license issued by the department.

2. Terms of license. A license issued under this chapter expires on September 30th and is renewable biennially.

3. Exemption. This chapter does not apply to a physician or a person acting under the control or supervision of a physician.

S4313. Licensing rules

The department shall adopt Licensing rules governing the practice of micropigmentation under this chapter. Rules adopted under this chapter are routine technical rules for purposes of Title 5. chapter 375, subchapter II-A. The rules must include the following:

1. Standards of practice. The department shall adopt rules that provide standards for the practice of micropigmentation that include at least the following:

A. Instruments used for micropigmentation must be sterilized in a manner specified by the department.

B. Micropigmentation facilities must be equipped with appropriate sterilization equipment, hot and cold running water and a covered waste receptacle.

C. Case history records must be kept for each client.

D. A micropigmentation practitioner must demonstrate safety, sanitation, and sterilization procedures and knowledge of infection control.

2. Equipment and training. The department shall adopt rules specifying the education and training standards for the practice of micropigmentation. The rules may require continuing education.

The licensing rules must be adopted by the department by November 1, 1997.

S4314. Fee.

The fee for a license under this chapter may not exceed $50. The fee required by this section includes the cost of a biennial inspection of the micropigmentation facility by the department. However, the department may inspect the facility at any time.

S4315. Eligibility.

To be eligible for a license under the chapter a person must:

1. Age. Be at least 18 years of age.

2. High School diploma. Have a high school diploma or equivalent education.

3. Additional training. Submit evidence of completion of education or training required by rules of the department under the direct supervision of a licensed micropigmentation practitioner' and

4. Compliance. Demonstrate ability to comply with the rules of the department.

S4316. Revocation; suspension; or refusal to issue.

The department may revoke, suspend, or refuse to issue a license or renewal or place a license on probation if:

1. Conviction. The person has been convicted of a crime related to the practice of micropigmentation;

2. Deception or misrepresentation. Has engaged in any deception or misrepresentation to the department or the public in applying for a license under this chapter or in the advertising or practice of micropigmentation;

3. Incompetence. Has demonstrated negligence, incompetence, or danger to the public in the practice of micropigmentation; or

4. Violation of rules. Has violated any of the rules adopted by the department under this chapter.

S4317. Compliance

Beginning January 1, 1998, a person seeking to engage in the business of micropigmentation shall comply with the provisions of this chapter.

Maine Legislation

On January 1 1998, Micropigmentation became legalized in the State of Maine. According to prior law, MPI was considered to be tattooing which is prohibited above the neck. This, in effect, rendered the practice of MPI illegal.

The new Law, signed by Gov. Angus King in May 1997, recognizes that MPI is not tattooing and will allow its practice by licensed individuals. Licensing procedures and other pertinent aspects of the bill will be established in the next several months.

Practice and training guidelines were proposed to legislators in Augusta, Maine by Gabriela Rodriguez, DAAM, RDH in May 1997. The proposed regulations are compatible with the certification requirements established by the American Academy of Micropigmentation. Maine legislators from the Committee of Business and Economic Development and the Maine Board of Health were very supportive of the proposed legislation and responded favorably and unanimously to the pending changes. This dynamic legislation will have a dramatic effect on the MPI industry, specifically in the New England area.