Current through Register Vol. 49, No. 9, September, 2024
SECTION
I.
AUTHORITY. The following Rules and Regulations
Pertaining to Permanent Cosmetic and Tattoo Establishments are duly adopted and
promulgated by the Arkansas Board of Health pursuant to the authority expressly
conferred by the laws of the State of Arkansas including, without limitation,
Act 96 of 1913 as amended, the same being A.C.A.
20-7-109.
SECTION II.
PURPOSE. To protect
the health of the citizens of Arkansas by establishing criteria for the
application of permanent cosmetics and tattooing, to require certification of
artists and establishments and require inspections of such
establishments.
SECTION III.
DEFINITIONS. For the purposes of these Regulations, the following words
and phrases when used herein shall be construed as follows:
A.
Apprentice shall mean any
person who is training under the supervision of a certified permanent cosmetic
or tattoo artist or physician but cannot independently perform the work of
permanent cosmetic application or tattooing.
B.
Aseptic Technique shall mean
the practice which prevents or hinders the transmission of disease-producing
microorganisms from one person or place to another person or place.
C.
Artist shall mean any person
who actually performs the work of the application of permanent cosmetics or
tattooing, except a duly licensed physician.
D.
Department shall mean the
Arkansas Department of Health or its authorized agent.
E.
Establishment shall mean any
place or facility where the application of permanent cosmetics or the art of
tattooing is performed.
F.
Health Officer shall mean the Director of the Arkansas Department
of Health or his/her duly authorized representative.
G.
Permanent Cosmetics shall
mean the application of permanent or semi-permanent pigmentation to the face
for cosmetic purposes or to any part of the body for scar coverage or other
corrective purposes by the penetration of the skin with a needle or other
instrument.
H.
Procedure(s)
shall mean the act of applying permanent cosmetics or
tattooing.
I.
Single service
shall mean articles Intended for one-time, one-person use and then
discarded.
J. Tattoo shall mean any
method of placing designs, letters, scrolls, figures, symbols or any other
marks upon or under the skin by introducing pigments, or by the production of
scars to form indelible marks with the aid of needles or other instruments.
K.
Operator shall
mean any person who owns, controls, operates, conducts or manages any permanent
cosmetic or tattoo establishment, whether actually performing the work of
tattooing or not.
SECTION
IV.
ARTIST CERTIFICATION.
A. No person except a duly licensed physician
shall engage in the practice of the application of permanent cosmetics or
tattooing or act as a permanent cosmetic or tattoo artist unless he or she
holds a permanent cosmetic or tattoo artist certification issued by the Health
Officer.
B. These Rules and
Regulations are not applicable to any establishment under the control or
direction of a duly licensed physician nor do they apply to licensed medical
hospitals and similarly licensed medical institutions.
C. The following requirements must be
completed before any individual shall receive a tattoo artist certification:
1. An application for a tattoo artist
certification shall be filed with the Department.
2. Successful completion of a written
examination given by the Department of Health. This examination shall be based
on the Rules and Regulations Pertaining to Permanent Cosmetic and Tattoo
Establishments. It shall insure the applicant has knowledge of bacteriology and
proper technique, to assure that infection and contagious disease shall not be
spread.
3. The applicant shall meet
all the current applicable requirements of the Rules and Regulations Pertaining
to the Control of Communicable Di seases.
4. Completion of no less than six (6) months
apprenticeship. Apprentices for tattooing shall train in a certified shop under
a currently certified tattoo artist who has been certified and operating in
compliance with the Regulations in the State of Arkansas for a period of not
less than three (3) years.
D. The following requirements must be
completed before any individual shall receive a permanent cosmetic artist
certification:
1. An application for a
permanent cosmetic artist certification shall be filed with the
Department.
2. The applicant must
be a high school graduate or equivalent.
3. The applicant must successfully complete a
written and practical examination designed by the Department. This examination
shall be based on the Rules and Regulations Pertaining to Permanent Cosmetic
and Tattoo Establishments. It shall insure the applicant has sufficient
knowledge of bacteriology, anatomy of the face and proper technique to assure
that infection and contagious disease shall not be spread.
4. The applicant shall have a health
evaluation that includes:
(a) Establishing
that he or she is not suffering from hepatitis, or other communicable diseases
designated by the Department;
(b)
Adequate vision;
(c) Adequate
color vision.
5.
Completion of no less than six (6) months apprenticeship. Apprentices for
permanent cosmetics shall train in a certified shop under a currently certified
permanent cosmetic or tattoo artist who has been certified and operating in
compliance with the Regulations in the State of Arkansas for a period of not
less than three (3) years.
E. No reciprocity will be granted to artists
certified or licensed in other states.
ARTIST RENEHAL REQUIREMENTS
Any artist certified by the Arkansas Department of Health at
the time of the effective date of this regulation will be exempt from the
requirements for apprenticeship.
Artist's certifications shall expire on December 31st of each
year and are renewable when the applicant meets all the current applicable
requirements of the Rules and Regulations Pertaining to the Control of
Communicable Diseases.
SECTION
V.
ESTABLISHMENT SANITATION CERTIFICATION.
A. No person shall operate a permanent
cosmetic or tattoo establishment unless the shop has received a Certificate of
Sanitation from the Health Officer. No certificate shall be issued or renewed
unless the shop has been inspected and found to be in compliance with the
provisions of these Rules and Regulations.
B. The certificate shall expire on December
31 of each year. Renewal inspections shall be conducted by the
Department.
C. No holder of any
certificate of sanitation shall allow a permanent cosmetic or tattoo artist to
perform in his/her tattoo shop unless the artist is the holder of a valid
permanent cosmetic or tattoo artist certification issued under Section II of
these Rules and Regulations.
D. It
shall be the duty of the operator or owner of the establishment to post the
current certification in a conspicuous place where it may be readily observed
by the public.
SECTION
VI.
GENERAL PHYSICAL ENVIRONMENT.
A. Each establishment shall have a work room
which is separate and apart from a waiting room or area. This room shall not be
used as a corridor for access to other rooms. Patrons shall be tattooed or have
permanent cosmetics applied only in the work room.
B. The floor of the work room shall be
constructed of impervious materials and shall be, at all times, maintained in a
clean condition. Floors shall be swept and wet-mopped daily. The walls and
ceilings shall be of light color and be maintained in good repair and shall be
of such materials to be easily cleanable. Floors, walls or ceilings shall not
be swept or cleaned while permanent cosmetics are being applied or anyone is
being tattooed.
C. The
establishment shall have adequate light and ventilation.
D. Light fixtures, decorative materials and
similar equipment attached to the walls or ceilings shall be kept
clean.
E. The building and
equipment shall be maintained in good repair at all times. All parts of the
shop and its premises shall be kept clean, neat, and free of litter and
rubbish.
F. A lavatory with hot and
cold running water shall be located in the work room. The lavatory shall be for
the exclusive use of the artists for washing their hands and preparing the
customer. It shall be equipped with controls which provide for wrist action,
soap, approved germicidal solution, individual hand brushes and fingernail
files for each artist.
G. A toilet
and lavatory shall be located in the establishment and be accessible to
patrons. All plumbing shall meet the requirements of the Arkansas State
Plumbing Code. The plumbing fixtures and toilet room shall be maintained in a
sanitary manner and in good repair.
H. Single service paper towels or mechanical
means for hand drying shall be provided.
I. Adequate cabinets for the storage of
instruments, dyes and pigments, carbon, stencils and other materials used in
the procedures shall be provided.
J. An adequate number of work tables shall be
provided for each artist. The surface of all work tables shall be constructed
of metal or other material which is easily cleanable, smooth, light colored,
non-absorbent, corrosive-resistant, and easily sanitized.
K. The shop shall have sufficient covered
waste receptacles for the disposal of waste materials.
SECTION VII.
SANITARY
FACILITIES.
A.
Hater supply.
The water supply shall be adequate, of a safe sanitary quality and meet
the current requirements of the Department's Rules and Regulations Pertaining
to Public Hater Supplies.
B.
Sewage. All water carried sewage shall be disposed of by means of:
1) A public sewerage system; or
2) An approved individual sewage disposal
system which is constructed and operated in conformance with the standards
established by the Arkansas State Board of Health.
SECTION VIII.
OPERATION
STANDARDS.
A.
Record Keeping.
The operator shall maintain proper records on each patron. These records
shall be entered in ink. or indelible pencil in a bound book kept solely for
this purpose. This book shall be available at a reasonable time for examination
by the Health Officer. The records shall be preserved for at least two (2)
years from the date of the last entry. The records shall contain the following
information:
1. The date the procedure was
performed.
2. The name, address,
date of birth and age of the patron.
3. The branch of service, rate or rank and
serial number of the patron if in the armed services.
4. The design and location of the tattoo, or
the cosmetic procedure applied.
5.
The name of the artist.
6. The
signature of the patron.
In the event of a change of ownership or closing of the
establishment, all records shall be made available to the Health
Officer.
B.
Consent Required for Minors. No application of permanent cosmetics
or tattoo shall be administered to any person less than 18 years of age without
written consent of the parent or guardian. The consent shall be on such forms
approved by the Health Officer and shall be presented to the operator by the
parent or guardian. The records of the written consents shall be kept on file
for two (2) years by the operator and shall be available at the time of
inspection. Whenever there is doubt about age, the operator shall obtain proof
of age verification by driver's license or other adequate record.
C.
Patron Information. Before
applying permanent cosmetics or administering a tattoo, a discussion of the
risks involved and possible complications shall be conducted by the artist or
operator. The patron must be advised that the procedure should be considered
permanent and that it can be removed only by a surgical procedure and that any
effective removal may leave permanent scarring. A written cautionary notice to
that effect shall be furnished to and signed by the patron and retained on file
at the establishment.
After the procedure is complete, written (printed or
photocopied) instructions, approved by the Health Officer, on the care of the
skin to prevent infection, shall be given to each patron. A copy of these
instructions shall also be posted in a conspicuous place in the
establishment.
D.
Patch Test for Sensitivity. The patch test shall be administered
upon request by the patron or whenever the artist determines through discussion
with the patron that a patch test for sensitivity to the pigments to be used is
warranted).
E.
Suspected
Infections To be Reported. All infections suspected from the application
of permanent cosmetics or tattooing which become known to the artist/operator
shall be reported to the Health Officer within 24 hours and the infected patron
shall be referred to a physician.
SECTION IX.
RESTRICTIONS CONCERNING
APPLICATION OF PERMANENT COSMETICS OR TATTOOING. Application of
permanent cosmetics or tattooing shall be prohibited under the following
circumstances:
A. No application of permanent
cosmetics or tattooing shall be done on the person of anyone having a history
of jaundice or similar disease, and each patron shall be questioned.
B. No application of permanent cosmetics or
tattooing shall be done on the person of any individual who is obviously under
the influence of drugs or intoxicating liquor.
C. No person suffering from any rash, skin
lesion or any skin disease or possible communicable disease shall be applied
with permanent cosmetics or tattooed. The skin surface shall be free from rash,
pimples, infection or recent scar tissue.
D. No person with any disease in a
communicable form or suspected of having such a disease shall perform the
application of permanent cosmetics or tattooing. Such disease may include but
shall not be limited to the common cold, influenza, tuberculosis, scabies,
impetigo, syphilis, chickenpox, measles (rubella), mumps, whooping cough,
hepatitis, infection on the hands or arms, sore throat or jaundice of the skin
or sclera. The Health Officer may require a certificate signed by a duly
licensed physician stating the person is free from communicable diseases before
permission to resume operation is granted.
E. No existing tattoo or permanent cosmetic
shall be abraded or treated with chemicals for the purpose of removing except
by a licensed physician. Any attempt by an artist to perform a removal
procedure shall result in the immediate suspension of the artist's or the
establishment's sanitation certificate. This section does not intend to
prohibit the coverup of existing tattoos with additional design pattern or
application of permanent cosmetics.
F. No pigment disapproved by the Food and
Drug Administration shall be used for permanent cosmetics or tattooing.
Ingredients contained in the pigments must be provided by the manufacturer to
the Department upon request.
G. The
use of a straight razor is prohibited. Only single service disposable razors
shall be used for shaving purposes.
H. No rusty, faulty or non-sterile needles
shall be used.
I. No person shall
allow or perform the tattooing of animals in a shop certified and used for
applying permanent cosmetics or tattooing human beings.
SECTION X.
ASEPTIC PROCEDURES.
A. The artist shall wear a clean outer
garment.
B. Before working on each
patron, the artist shall clean his/her fingernails with his/her individual nail
file and shall thoroughly wash and scrub his/her hands with hot running water,
an approved soap and his/her individual hand brush. He/she shall not allow
his/her hands to dry without the use of a single service use hand towel or
approved mechanical means.
The area of the patron's skin to which pigment is to be applied
shall be prepared by washing with hot water and approved germicidal soap. Nhen
it is necessary to shave the area, single service disposable razors shall be
used. Following shaving, the skin must be gently scrubbed with 70% isopropyl
alcohol or other approved germicidal solution, using a disposal sterile gauze
pad or sponge.
C. Following
the cleaning and the shaving of the patron's skin, the artist shall again wash
and scrub his/her hands and put on disposable gloves.
During any phase of the procedure, should the artist be
interrupted for other duties, i.e., answering the phone, etc., the artist shall
wash his/her hands as required in Section VIII B. before resuming the
procedure. A new pair of gloves shall be used.
D. Only petroleum jelly as listed in the
United States Pharmacopeia or National Formulary shall be applied to the area
to be tattooed and it shall be in a collapsible metal or plastic tube. The
application may be spread by the use of sterile gauze or sterile tongue
depressors but not directly with the fingers.
E. Nhen acetate stencils are used for
transferring the design to the skin, stencils shall be thoroughly cleaned and
rinsed in an approved germicidal solution for at least twenty (20) minutes and
then they shall be dried with sterile gauze or air dried before each use.
When stencils are not used and the design is transferred during
hectograph and tracing paper or duplicating carbon methods, the paper or
duplicating master shall not be reused.
F. In preparing nontoxic dyes or pigments,
only nontoxic or sterile material shall be used. Single service or individual
portions of pigments in clean sterilized containers or single service
containers shall be used for each patron. Upon completion, the remaining unused
pigments shall be discarded. Any pigment in which the needles were dipped shall
not be used on any person. Where pigment mixing is necessary to achieve the
correct color and follow-up touch-ups may be required (permanent cosmetics),
the original container of mixed pigment may be kept but only single service
individual portions of the mixture used during the procedure.
G. Excess pigment shall be removed from the
skin with an individual sterile gauze or sponge which shall be used only on one
patron and then discarded.
H. The
completed tattoo shall be washed with a piece of sterile materia] saturated
with an approved germicidal solution. It shall be allowed to dry. After drying,
antibacterial ointment shall be applied from a collapsible metal or plastic
tube or single use packet and the entire area covered with a piece of nonstick
sterile bandage which may in turn be covered with a piece of tissue and
fastened to the site with an approved type of adhesive.
The area of permanent cosmetic application shall be washed with
an approved germicidal solution and allowed to dry. Antibacterial ointment and
where feasible, a nonstick sterile bandage shall be applied.
I. A new pair of disposable gloves shall be
used by the artist for each patron.
J. All work tables and chairs used in the
procedure shall be constructed of a material allowing easy and thorough
cleaning. All surfaces, work tables, and patron chairs must be disinfected
before each new patron is seated. Appropriate solutions are a 1:10 dilution of
household bleach and water or other approved surface
sanitizer.
SECTION XI.
EQUIPMENT.
A. A set of
individual wrapped sterilized needles shall be used by the artist for each new
patron. Not less than 24 sets of sterilized needles and tubes or tips must be
on hand for the entire day or night operation.
B. All needles shall be cleaned thoroughly
before autoclaving. The use of an ultrasonic cleaner is recommended to remove
blood, pigments and other foreign matter from the needles and tubes. The tubes
and needles shall be run in the heated solution for a period of not less than
15 minutes and then thoroughly rinsed prior to autoclaving.
C. Sterilization of needles and tubes shall
be accomplished by:
1. Holding in an approved
autoclave for thirty (30) minutes at fifteen (15) pounds pressure at a
temperature of 248 degrees F. or 120 degrees C. The use of approved autoclave
packaging is required. The date the procedure is performed shall be written on
the packaging. Indicator tapes or strips for checking temperature shall be
provided each time the autoclave is used.
2. Culture testing of sterilization
equipment, using appropriate microbial spore strips, shall be required when
deemed necessary by the Health Officer.
3. Approved closed cabinets for the storage
of instruments, dyes, pigments, stencils, duplicating masters and other
paraphernalia used in the shop shall be provided. All needles and instruments
shall be stored in autoclave packaging and handled in such a manner as to
prevent recontamination.
D. The open end of the needle tube of the
machine shall be cleaned and sanitized with an approved germicidal before each
use.
SECTION XII.
TEMPORARY OR MOBILE ESTABLISHMENTS.
A.
No person shall be certified to apply permanent cosmetics or tattoo in any
temporary place of business, such as carnivals, mass gatherings or similar
public gatherings of a temporary nature without an approved mobile
facility.
B. Mobile units shall
meet all the requirements of these Rules and Regulations with the following
additional requirements:
1. Liquid waste shall
be stored in a permanently installed retention tank that is at least 15 percent
larger capacity than the water tank. Liquid waste shall not be discharged from
the tank when the mobile unit is in motion. All liquid waste shall be
discharged to an approved sanitary sewage disposal system.
2. A potable water system under pressure
shall be provided. Enough potable water shall be available in the unit for
cleaning and for handwashing. A heating facility capable of producing enough
hot water for these purposes shall be provided on the unit. The water inlet
shall be provided with a transition connection of a size or type that will
prevent its use for other service. The water inlet shall be coated so that it
will not be contaminated by waste discharge, road dust, oil, or grease and it
shall be kept capped unless being filled.
C. The Health Officer may impose additional
requirements to protect against health hazards related to a mobile permanent
cosmetic or tattoo unit.
SECTION
XIII.
TREATMENT AND DISPOSAL OF INFECTIOUS HASTE.
Treatment and disposal of infectious waste including sharps shall
conform to Act 96 of 1913 as amended and Act 41 of 1992, The Management of
Regulated Medical Waste from Health Care Related Facilities.
SECTION XIV.
SUBMISSION OF PLANS.
Before any permanent cosmetic or tattoo establishment is constructed or
an existing structure is converted to use as said establishment, plans shall be
submitted to the Arkansas Department of Health for review and approval. The
plans and specifications shall include the work room layout, plumbing plans,
construction materials and the type and model of proposed equipment. No
permanent cosmetic or tattoo establishment shall be constructed, remodeled or
converted except in accordance with approved plans.
SECTION XV.
INSPECTIONS.
Inspection of a permanent cosmetic or tattoo establishment shall be
performed as often as necessary for the enforcement of these
Regulations.
SECTION XVI.
ACCESS TO ESTABLISHMENT; CLOSURE FOR VIOLATION; SUSPENSION OR REVOCATION OF
ARTIST OR ESTABLISHMENT CERTIFICATION
A. The Department at all reasonable times
shall have access to and is hereby empowered to enter any and all parts of the
premises of any permanent cosmetic or tattoo establishment for the purpose of
making inspections to determine compliance with these regulations. The
Department shall also be permitted access to all required records.
B. If it is determined upon inspection that
any permanent cosmetic or tattoo establishment is being maintained contrary to
the provisions of these regulations, such establishment shall be closed until
provision is made to comply with the regulations and permission is given by the
Health Officer to reopen.
C. After
written notice, the Health Officer may suspend or revoke any artist
certification or certificate of sanitation issued in accordance with these
Rules and Regulations for violation of the provisions of these Rules and
Regulations. The artist or operator may appeal such suspension or revocation as
provided for by the Administrative Procedures of the State Board of
Health.
SECTION XVII.
RELATED REGULATIONS. All permanent cosmetic and tattoo
establishments shall comply with all appropriate state laws, rules and
regulations, including but not limited to the following:
A. Arkansas Department of Health Rules and
Regulations Pertaining to General Sanitation.
B. Act 402 of 1977, as amended, and Rules and
Regulations Pertaining to Sewage Disposal Systems and Installers.
C. Arkansas Department of Health Rules and
Regulations Pertaining to Public Water Systems and The Safe Drinking Water
Act.
D. Arkansas State Plumbing
Code.
E. Act 41 of 1992 - The
Management of Regulated Medical Waste from Health Care Related
Facilities.
F. The Rules and
Regulations Pertaining to the Control of Communicable Diseases.
SECTION XVIII.
PENALTY.
Every firm, person, or corporation violating any of the provisions of
these Rules and Regulations shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not less than one hundred
dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not
exceeding one month, or both. Each day of violation shall constitute a separate
offense (A.C.A. §
20-7-101.) Any penalty will be in
addition to other remedies available to the Department, including suspension or
revocation of certification, and civil penalties.
SECTION XIX.
SEVERABILITY. If
any provision of these Rules and Regulations or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of these Rules and Regulations which can give effect
without the invalid provisions or applications, and to this end the provisions
hereto are declared severable.
SECTION
XX.
REPEAL. All regulations and parts of regulations
in conflict herewith are hereby repealed.
