Current through September 17, 2024
All body art facilities must comply with the following
requirements.
012.01
DOCUMENTS POSTED. The following documents must be
posted in each facility in an area visible and assessable to the public:
(A) A copy of the current regulations
governing sanitation and safety, 172 NAC 44;
(B) The current inspection report;
(C) A copy of the current license for each
person practicing within the facility; and
(D) Pamphlets or literature explaining body
art aftercare.
012.02
IDENTIFICATION. Each person providing body art
procedures must have a government-issued or state-issued photo identification
card or document available for viewing by the Department inspector.
012.03
CLIENT
RECORDS. Body art facilities must maintain client records. The
following specifies the information that must be documented in client records
and the retention schedule:
012.03(A)
ALL CLIENTS. The following information must be
maintained in the client record:
(i) Name,
address, and date of birth of the client;
(ii) A copy of the client's federal or state
Identification which has a current photograph and date of birth on the
document, such as, driver's license, military identification document, state
identification documents, or passport;
(iii) Any known client allergies;
(iv) Any condition that may affect or hamper
healing;
(v) The name of the body
artist who performed the procedure;
(vi) The date of the procedure;
(vii) The location of the procedure on the
client's body; and
(viii) A
description of the type of procedure provided.
012.03(B)
CLIENTS UNDER 18 YEARS
OF AGE. If the client is under 18 years of age, the following
information must be maintained in the client record in addition to the
information set out in 172 NAC 44-012.03(A):
(i) A copy of the parent or legal guardian's
federal or state identification which has a current photograph and date of
birth on the document, such as, driver's license, military identification,
state identification, or passport;
(ii) Consent form for all persons under 18
years of age, signed by the parent or legal guardian and client; and
(iii) A copy of a document that verifies the
parent or guardian of the minor, such as, birth certificate, adoption record,
guardian records, or court documents.
012.03(C)
CLIENT RECORD RETENTION
SCHEDULE. Client records must be retained as follows and made
available to the Department upon request:
(i)
All records must be maintained in a confidential manner;
(ii) For clients 18 or older, the records
must be retained for 3 years;
(iii)
For clients under 18 years of age, the client records and consent forms must be
retained for 5 years; and
(iv) For
inspection purposes, all client records for the past year must be maintained
on-site at the facility.
012.04
PHYSICAL
STRUCTURE. The facility must be well lighted, well ventilated and
kept in a clean, orderly, and sanitary condition at all times. The following
applies:
(A) All walls, floors and procedure
areas must be washable, in good repair, and in a safe and sanitary
condition;
(B) All body art
facilities must have a dedicated physical address;
(C) For body art facilities there must be:
(i) An entrance leading directly into the
facility;
(ii) There can be no
direct opening between a facility and any building or portion of a building
used as a food, liquor, or tobacco facility; and
(iii) Body art facilities located in a
cosmetology salon, esthetic salon, or nail technology salon may share an
entrance into the entire facility; the body art facility must be separated from
the salon by at least 6-foot high walls. The same room can be shared by an
esthetician and permanent color technician;
(D) Each facility must have an area that can
be screened from public view for clients requesting privacy or for all
genitalia body art procedures; and
(E) Branding procedures must be provided in
an enclosed room with doors that shut.
012.05
WATER. The
facility must have hot and cold running water.
012.06
SAFETY. The
facility must be maintained in a safe and sanitary condition and meet the
following requirements:
(A) Floors, floor
coverings, walls, woodwork, ceilings, furniture, fixtures and equipment must be
clean and in good repair;
(B)
Floors must be free of unsafe objects and slippery or uneven
surfaces;
(C) Doorways, stairways,
passageways, aisles or other means of exit must provide safe and adequate
access;
(D) Electrical appliances
must be clean and have no worn or bare wiring; and
(E) Water or product spills on the floor must
be removed immediately and floor dried.
012.07
RESTROOM
FACILITIES. Restrooms must be clean and sanitary at all times and
include the following:
(A) A toilet which is
operational;
(B) Suitable holders
for toilet paper;
(C) An adequate
supply of toilet paper;
(D) A clean
waste receptacle;
(E) A sink which
is operational and has hot and cold running water;
(F) Liquid soap or foam; and
(G) Single-use disposable towels in a clean
holder or an electric hand dryer.
012.08
REQUIRED EQUIPMENT AND
FURNISHINGS. Each facility must have the following equipment and
furnishings that are in good repair, cleanable, and in a sanitary condition at
all times.
012.08(A)
PROCEDURE
HAND WASHING SINK AREA. The hand washing sink area must be clean
and include:
(i) A hand washing sink with hot
and cold running water that passes through a mixing type of faucet;
(ii) Liquid or foam soap;
(iii) Single-use paper towels; and
(iv) Waste receptacle.
012.08(B)
EQUIPMENT WASHING SINK
AREA FOR EMPLOYEE USE ONLY. Facilities which use all disposable
equipment are not required to have an equipment washing sink area. The
equipment washing sink area must be clean, dedicated to equipment washing only,
and include:
(i) An equipment washing sink
with hot and cold running water that passes through a mixing type of
faucet;
(ii) Liquid or foam
soap;
(iii) Single-use paper
towels; and
(iv) Waste
receptacle.
012.08(C)
SHARPS CONTAINER. Contaminated sharps must be disposed
of in an approved sharps container in a manner to ensure the prevention of
cross-contamination.
012.08(D)
AUTOCLAVE. If the facility uses non-disposable
equipment or instruments, it must have an autoclave.
012.08(E)
WASTE
RECEPTACLE. A facility must have at least 1 waste receptacle for
each workstation, which is covered and has a plastic liner.
012.08(F)
WORK TABLES OR
COUNTERS. All work tables or counters must be smooth,
non-absorbent, non-porous, and be able to be disinfected.
012.08(G)
FIRST AID
KIT. All facilities must have a first aid kit.
012.08(H)
CLIENT CHAIRS AND BODY
ARTIST CHAIRS. Chairs must be made of cleanable non-porous
material.
012.08(I)
BARRIERS. Disposable protection or covering on
equipment and supplies must be used during procedures and be changed between
procedures to ensure the prevention of cross-contamination.
012.08(J)
STORAGE.
The facility must have clean cabinets or containers for storing clean
instruments, supplies, cloth towels and linens. Storage within the facility
must comply with the following requirements:
(i) Flammable and combustible chemicals must
be stored away from potential sources of ignition such as an open flame or an
electrical device;
(ii) All
chemicals must be stored in closed bottles or containers and properly
labeled;
(iii) Cabinets, drawers,
containers used for storage of supplies, instruments and towels must be
clean;
(iv) Unused supplies must be
stored in a clean, enclosed container, cabinet, or drawer and supplies must be
labeled accordingly;
(v)
Instruments that have been used on a client or soiled in any manner must be
placed in a properly labeled covered receptacle until disinfected;
(vi) Cloth linens must be deposited in a
closed receptacle after use;
(vii)
Used or soiled cloth linens must not be used again until properly laundered and
sanitized and must be kept in a closed receptacle;
(viii) Clean cloth towels or linens must be
stored in a clean, labeled, enclosed cabinet or container until used;
and
(ix) Disinfectant solution must
be used and maintained in accordance with the manufacturer's directions and
covered at all times.
012.08(K)
DISPOSABLE SINGLE-USE
TOWEL. Only disposable single-use towels must be used for body art
procedures and must be discarded in a closed receptacle with a disposable
liner, immediately following each body art procedure.
012.09
PRODUCTS.
Products must comply with the following requirements:
(A) All liquids, inks, creams, gels, pastes,
powders, and other products must be kept in clean, closed containers;
(B) Original product bottles and containers
must have an original manufacturer's label;
(C) When only a portion of the product is to
be used on a client, the product must be removed from the container by a
spatula, scoop, spoon, or dropper so that the product does not come in direct
contact with the client and to assure the remaining product is not
contaminated;
(D) If a product is
poured into another container, the container must be labeled to identify the
product;
(E) Manufacturer's
directions must be followed when using products;
(F) Single-use products that are not sharps
that come in direct contact with a client and cannot be disinfected, such as
cotton pads, cotton balls, pads, "Q-tips", sponges, bandages, tapes, surgical
dressing and other similar items, must be disposed of in a covered waste
receptacle with a plastic liner immediately after use;
(G) All products applied to the skin,
including stencils, must be single-use and disposable. Acetate stencils cannot
be re-used. Petroleum jellies, soaps, and other products used in the
application of stencils must be dispensed and applied on the area to be
tattooed in a manner to prevent contamination of the original container and its
contents; and
(H) All products used
to stop bleeding or to absorb blood must be sanitary and be
single-use.
012.10
PIGMENTS, DYES, INKS, AND LIQUIDS. Pigments, dyes,
inks, and liquids used from stock solutions for each client must be placed in a
single-use cup or cap and remaining solution must be discarded and disposed of
after each use.
012.11
INK CAPS. Ink caps are required if providing tattooing
and permanent color technology procedures. If the body artist uses a reusable
ink cap holder, the holder must be smooth, non-absorbent, non-porous, and able
to be autoclaved.
012.12
RASH OR INFECTION. Any skin or mucosa surface to
receive a body art procedure must be free of suspected rash or any suspected
visible infection. The body artist must be free from any infection or other
visible disease that may be transmitted as a result of carrying out the body
art procedure.
012.13
BODY ARTIST HAND CLEANLINESS. Body artists must wash
their hands thoroughly with liquid soap or foam and water and dry them with
single-use disposable towels before and after serving each client and at any
time during the procedure when the hands may become contaminated.
012.14
GLOVES. When
performing body art procedures, the body artist must wash his or her hands
prior to gloving. Gloves must be disposed of after the completion of each
procedure on each client. If gloves become torn, punctured or otherwise
contaminated, the body artist must remove and dispose of the gloves, wash his
or her hands with liquid soap or foam and water, dry with a disposable towel,
and then put on a new pair of gloves before resuming the body art
procedure.
012.15
REGULATED OR INFECTIOUS WASTE. Regulated or infectious
waste must be handled and stored so that human exposure is prevented.
012.16
PREPARATION AND CARE OF
THE BODY ART PROCEDURE AREA. The following requirements apply to
the preparation and care of the body art procedure area.
012.16(A)
WASHING.
Before performing body art procedures, the immediate area of the skin or mucous
membrane where the body art procedure is to be placed must be washed with
liquid soap or foam and water. Only single-use disposable towels, washing pads,
blotters, or similar single use materials may be used and these materials must
be discarded after a single use.
012.16(B)
ORAL BODY
ART. Before an oral body art procedure may be performed, the
client must rinse his or her mouth with an antiseptic mouthwash which must be
provided to the client in single-use cups.
012.16(C)
SHAVING.
If shaving is necessary, single-use disposable razors or safety razors with
single-procedure blades must be used. Single-procedure blades must be discarded
after each use and the reusable holder must be autoclaved after each use.
Non-disposable clippers may be used prior to any procedure then cleaned and
sprayed with a disinfectant solution after each client. Following shaving, the
skin and surrounding area must be washed with liquid soap or foam and water or
antiseptic.
012.17
AUTOCLAVE, STERILIZATION, AND ULTRASONIC CLEANING
UNITS. The following is required:
012.17(A)
AUTOCLAVE.
If the facility uses non-disposable equipment and instruments, it must have an
autoclave used for sterilizing tools or equipment that must be clean and body
artists must follow the manufacturer's directions for use.
012.17(B)
AUTOCLAVED
INSTRUMENTS. Instruments that are to be autoclaved within the
facility must be sterilized in single-use paper pre-packs or other containers
designed for sterilizing instruments. If pre-packaged or packages which have
been autoclaved in the facility are torn, wet, or compromised, they cannot be
used until they are re-packaged and re-autoclaved. Any package which has an
expiration date printed on the package cannot be used after the expiration date
has passed; they must be re-packed and re-autoclaved prior to use.
012.17(C)
JEWELRY
STERILIZATION. Jewelry used for new body piercing must be
sterilized with an autoclave and the jewelry must be nonporous, smooth, and
disinfected.
012.17(D)
NON-DISPOSABLE INSTRUMENT STERILIZATION. All
non-disposable instruments used for body art must be sterilized after each use.
Autoclave sterilization must be conducted for the cycle of time and
corresponding operating pressure recommended by the manufacturer of the
autoclave.
012.17(E)
STERILIZED INSTRUMENTS. Every batch of sterilized
instruments must be monitored for sterilization by use of a heat sensitive
indicator or integrator that is capable of indicating approximate time and
temperature achieved. Sterilized instruments must be individually packed and
stored in a clean closed container or drawer until used. Sterilized unwrapped
instruments must be stored in a covered container or drawer, and sterilized
again immediately prior to use.
012.17(F)
ULTRASONIC CLEANING
UNITS. If ultrasonic cleaning units or dry heat sterilizers are
used, they must be used in addition to autoclaving, must be used and maintained
in accordance with the manufacturer's recommendations, and be clean and
sanitary.
012.18
AUTOCLAVE STANDARDS. The following autoclave standards
must be followed.
012.18(A)
SPORE
DESTRUCTION TESTS. Spore destruction tests must be performed to
prove that autoclaves are capable of attaining the minimum operating standards.
Spore tests must be performed at a minimum of one time every 30 days for each
autoclave and must be verified through an independent laboratory or tester. A
testing facility must be qualified by the Centers for Disease Control and
Prevention (CDC), the American Dental Association (ADA), the American Medical
Association (AMA), or the Food and Drug Administration (FDA). A record of all
spore tests must be maintained for 3 years and must be maintained for a minimum
of 1 year on site.
012.18(B)
POSITIVE SPORE TEST. An autoclave which has received a
positive spore test must be immediately removed from procedure and cannot be
used again until it receives a passing or negative growth report from a
qualified testing facility. Equipment and tools run through a positive cycle
should not be used until re-sterilized properly.
012.18(C)
CLEANING AND SERVICING
AUTOCLAVES. All autoclaves must be cleaned and maintained
according to manufacturer's instructions. A copy of the manufacturer's cleaning
and servicing instructions must be maintained in the
facility.
012.19
NOT ALLOWED OR TO BE USED IN THE FACILITY. The
following are not allowed in a body art facility:
(A) Smoking or vaping;
(B) Body artists consuming food or beverages
in any area where body art is performed; clients may be allowed to consume food
or non-intoxicating drinks;
(C)
Body artists and clients consuming, serving, or in any manner possessing or
distributing intoxicating beverages upon the facility premises;
(D) Performing body art procedures on clients
who appear to be under the influence of alcohol, narcotic drugs, stimulants, or
depressants;
(E) Dermal or biopsy
punches and lasers;
(F) Unlicensed
persons or persons with an expired or inactive license providing body art
procedures;
(G) Animals and pets,
except service animals; and
(H)
Fish aquariums in any procedure area, except covered aquariums are allowed in
the waiting room and non-procedure areas.
