Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2267 - Office of Tattooing, Body Piercing, and Branding
Chapter 3 - Establishments
Section 20 CSR 2267-3.010 - Tattoo, Body Piercing, and Branding Establishments
Universal Citation: 20 MO Code of State Regs 2267-3.010
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The amendment clarifies that establishment records should be kept where inspectors can gain reasonable access and adds new language that refusal to grant an inspection shall be grounds for discipline or denial.
(1) Each operator of a licensed establishment shall-
(A) Only
employ or allow licensed practitioners to perform tattooing, body piercing
and/or branding procedures on the premises of the licensed
establishment;
(B) Ensure that no
practitioner in his/her employ or practicing on the premises of the licensed
establishment performs beyond the scope of his or her practice and expertise,
nor shall an establishment operator direct or require a practitioner to perform
beyond the scope of his or her practice and expertise;
(C) Maintain on file in the establishment a
copy of each current practitioner's license;
(D) Ensure that each practitioner employed or
practicing at the licensed establishment engages in the safe and sanitary
practice of tattooing, branding and/or body piercing including but not limited
to the use of universal precautions and proper hygiene;
(E) Conspicuously display for the public in
the establishment, the license issued by the division for the establishment and
the license of each practitioner working in the establishment. A photograph of
each practitioner shall be in close proximity to the license for that
individual. The photograph shall measure approximately two inches by two inches
(2" x 2") and shall have been taken within the last two (2) years;
(F) Be responsible for maintaining client
records, in a manner where inspectors can gain reasonable access, for a minimum
of two (2) years. If a tattoo requires more than one (1) visit to be completed,
client records shall be maintained for two (2) years following the completion
of the work;
(G) Maintain
documentation of compliance with all applicable building, fire, and plumbing
codes prescribed by the state or local government. If no zoning codes are
available, establishments shall be equipped with and maintain a minimum of at
least one (1) fire extinguisher, and one (1) smoke alarm, each of which shall
be maintained in good working condition;
(H) Maintain all equipment used to perform
tattooing, body piercing and branding procedures in a safe and sanitary
condition;
(I) Provide for safe and
unobstructed human passage in the public areas of the premises;
(J) Provide for the removal of biohazardous
waste, garbage and refuse in a safe and sanitary manner; and
(K) Provide for the safe storage and removal
of flammable materials.
(2) General Premises.
(A) Licensed establishments located in
buildings that are also used as residences shall be completely separated from
the living quarters by floor to ceiling walls or partition(s) and solid doors
that are kept closed during business hours. A direct outside entrance to the
tattoo, body piercing and/or branding establishment shall be
provided.
(B) Floors in the area
where tattooing, body piercing and branding procedures are performed shall be
constructed of smooth, durable, washable and nonporous material and shall be
maintained in clean condition and in good repair at all times. Carpeting is
prohibited.
(C) Walls in the area
where tattoo, body piercing and branding procedures are performed shall be
constructed of washable material and shall be maintained in good condition and
in good repair at all times.
(D)
Proper lighting shall be available to enable the practitioner to safely perform
tattooing, body piercing and branding on a patron.
(E) Water and sewage systems shall comply
with all state and local requirements.
(F) A panel or other barrier of sufficient
height and width to effectively separate a patron on whom a procedure is being
performed from observers or waiting patrons shall be in place or readily
available at the patron's request. A panel or barrier shall be in place or
readily available and must be used during any tattooing, body piercing or
branding of the genital area.
(G)
Easily cleanable waste containers with non-absorbent, durable plastic liners
shall be used for disposal of all tissue, towels, gauze pads and other similar
items used on patrons. Infectious waste, including but not limited to sharps
waste, shall be placed in a properly marked biohazard bag or sharps container
and disposed of by an approved biohazardous waste company. All items which are
single use and are not considered sharps waste that come in contact with body
fluids must be placed in a biohazard container and disposed of by an approved
biohazardous waste company.
(H) The
premises and all facilities used in connection with the premises shall be
maintained in a clean, sanitary and vermin-free condition at all
times.
(I) All furniture in an
establishment must be kept clean and well maintained.
(J) No animals, except for those providing
services to persons with disabilities, are permitted in a tattoo, body piercing
and/or branding establishment.
(3) Restroom, Handwashing, and Cleaning Areas.
(A) All tattoo, body piercing and/or
branding establishments shall have a public toilet and handwashing facility
that is separate from any living areas.
(B) All tattoo, body piercing and/or branding
establishments shall have a separate sink to be used only for sterilization
purposes.
(C) Floors, walls,
ceilings and fixtures shall be kept clean and in good repair at all times. An
easily cleanable covered waste receptacle shall be provided in the toilet
room.
(D) At least one handwashing
facility shall be easily accessible to the tattoo, body piercing and/or
branding area, in addition to what is provided in the toilet room.
(E) Antibacterial soap in a dispenser and
single-service towels for drying hands shall be provided at all handwashing
facilities. Hot and cold potable water under pressure shall be available at all
handwashing facilities.
(4) Refusal to permit an inspection, if required by the division, shall constitute grounds for discipline or denial.
*Original authority: 324.522, RSMo 1998, amended 1999, 2001.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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