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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [~~in brackets and struckthrough.~~]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05apr01...0524h

24may01...1226eba

01-0202

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT establishing a committee to study the practice of "body works."

Be it Enacted by the Senate and House of Representatives in General Court convened:

58:1 Statement of Purpose. The general court recognizes the public heath and safety concerns regarding "body works", including branding, body piercing, tongue piercing, tattooing, and marking. Therefore, the general court recommends the formation of a committee to study the practice of

"body works" and to recommend appropriate legislation.

58:2 Committee Established. There is established a committee to study the practice of "body works", including branding, body piercing, tongue piercing, tattooing, and marking.

58:3 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the president of the senate.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

58:4 Duties. The committee shall study the practice of "body works", including branding, body piercing, tongue piercing, tattooing, cosmetic tattooing, and marking. The committee's study shall include, but not be limited to client safety and public protection, education and training for persons practicing "body works", and the practice environment.

58:5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

58:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2001.

58:7 Effective Date. This act shall take effect upon its passage.

(Approved: June 12, 2001)

(Effective Date: June 12, 2001)

State of

New Hampshire

HOUSE RECORD

First Year of the 157^th 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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

(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

New Hampshire State Law:

TITLE XXX OCCUPATIONS AND PROFESSIONS

CHAPTER 314-A TATTOO PARLORS

Section 314-A:3

CHAPTER 314-A
TATTOO PARLORS