Montana Statutes
TITLE 50 HEALTH AND SAFETY
CHAPTER 2 LOCAL BOARDS OF HEALTH
Part 1 General Provisions
50-2-116. Powers and duties of local boards.
(1) Local boards shall:
(a) appoint a local health officer who is a physician or a person
with a master's degree in public health or the equivalent and with
appropriate experience, as determined by the department, and shall
fix the health officer's salary;
(b) elect a presiding officer and other necessary officers;
(c) employ necessary qualified staff;
(d) adopt bylaws to govern meetings;
(e) hold regular meetings quarterly and hold special meetings as
necessary;
(f) supervise destruction and removal of all sources of filth
that cause disease;
(g) guard against the introduction of communicable disease;
(h) supervise inspections of public establishments for sanitary
conditions;
(i) subject to the provisions of 50-2-130, adopt necessary
regulations that are not less stringent than state standards for the
control and disposal of sewage from private and public buildings that
is not regulated by Title 75, chapter 6, or Title 76, chapter 4. The
regulations must describe standards for granting variances from the
minimum requirements that are identical to standards promulgated by
the board of environmental review and must provide for appeal of
variance decisions to the department as required by 75-5-305.
(2) Local boards may:
(a) quarantine persons who have communicable diseases;
(b) require isolation of persons or things that are infected with
communicable diseases;
(c) furnish treatment for persons who have communicable
diseases;
(d) prohibit the use of places that are infected with
communicable diseases;
(e) require and provide means for disinfecting places that are
infected with communicable diseases;
(f) accept and spend funds received from a federal agency, the
state, a school district, or other persons;
(g) contract with another local board for all or a part of local
health services;
(h) reimburse local health officers for necessary expenses
incurred in official duties;
(i) abate nuisances affecting public health and safety or bring
action necessary to restrain the violation of public health laws or
rules;
(j) adopt necessary fees to administer regulations for the
control and disposal of sewage from private and public buildings. The
fees must be deposited with the county treasurer.
(k) adopt rules that do not conflict with rules adopted by the
department:
(i) for the control of communicable diseases;
(ii) for the removal of filth that might cause disease or
adversely affect public health;
(iii) subject to the provisions of 50-2-130, on sanitation in
public buildings that affects public health;
(iv) for heating, ventilation, water supply, and waste disposal
in public accommodations that might endanger human lives;
(v) subject to the provisions of 50-2-130, for the maintenance of
sewage treatment systems that do not discharge an effluent directly
into state waters and that are not required to have an operating
permit as required by rules adopted under 75-5-401; and
(vi) for the regulation, as necessary, of the practice of
tattooing>, which may include registering <tattoo> artists, inspecting
<tattoo> establishments, adopting fees, and also adopting sanitation
standards that are not less stringent than standards adopted by the
department pursuant to 50-1-202. For the purposes of this subsection,
"<tattoo" means making permanent marks on the skin by puncturing the
skin and inserting indelible colors.
(l) adopt regulations for the establishment of institutional
controls that have been selected or approved by the:
(i) United States environmental protection agency as part of a
remedy for a facility under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601, et
seq.; or
(ii) department of environmental quality as part of a remedy for
a facility under the Montana Comprehensive Environmental Cleanup and
Responsibility Act, Title 75, chapter 10, part 7.
History: En. Sec. 86, Ch. 197, L. 1967; amd. Sec. 4, Ch. 216, L.
1969; amd. Sec. 1, Ch. 196, L. 1971; amd. Secs. 108, 111, Ch. 349, L.
1974; amd. Sec. 2, Ch. 273, L. 1975; R.C.M. 1947, 69-4509; amd. Sec.
1, Ch. 709, L. 1985; amd. Sec. 2, Ch. 479, L. 1991; amd. Sec. 2, Ch.
324, L. 1995; amd. Sec. 88, Ch. 418, L. 1995; amd. Sec. 6, Ch. 471,
L. 1995; amd. Sec. 2, Ch. 137, L. 1999.
Compiler's Comments:
1999 Amendment: Chapter 137 inserted (2)(l) providing for
adoption of regulations for establishment of institutional controls;
and made minor changes in style. Amendment effective March 23, 1999.
1995 Amendments: Chapter 324 inserted (2)(k)(vi) authorizing
local boards to adopt rules compatible with Department rules to
regulate the practice of tattooing; and made minor changes in style.
Chapter 418 in (1)(i), in first full sentence, substituted "board
of environmental review" for "board of health and environmental
sciences"; and made minor changes in style. Amendment effective July
1, 1995.
Chapter 471 at beginning of (1)(i), (2)(k)(iii), and (2)(k)(v)
inserted "subject to the provisions of 50-2-130". Amendment effective
April 14, 1995.
Transition: Section 499, Ch. 418, L. 1995, provided: "The
provisions of 2-15-131 through 2-15-137 apply to [this act]."
Saving Clause: Section 503, Ch. 418, L. 1995, was a saving
clause.
Applicability: Section 22(3), Ch. 471, L. 1995, provided: "(3)
[This act] does not apply to the establishment of fees or public
participation requirements."
1991 Amendment: Inserted (1)(i) requiring a local board to adopt
regulations pertaining to control and disposal of sewage from certain
public and private buildings; in (2)(j), before "fees", deleted
"regulations and", after "fees" inserted "to administer regulations",
and after "buildings" deleted "not currently connected to any
municipal system"; in (2)(k)(v) deleted local board option for the
adoption of rules for control and disposal of sewage from private and
public buildings and before "treatment" inserted "sewage"; and made
minor changes in style.
Applicability: Section 3, Ch. 479, L. 1991, provided: "[This
act] applies to proceedings begun after October 1, 1991."
1985 Amendment: Inserted (2)(k)(v) relating to control and
disposal of sewage from private and public buildings and maintenance
of treatment systems not discharging into state waters.
Cross References:
Nuisances, Title 27, ch. 30.
Exemptions from requirements for sanitarians, 37-40-102.
Tuberculosis control, Title 50, ch. 17.
Sexually transmitted diseases, Title 50, ch. 18.
Administrative Rules:
ARM 16.28.101 Definitions.
ARM 16.28.102 Local board rules.
ARM 16.28.601 Minimal control measures.
Case Notes:
Constitutionality of Former Sections -- Rulemaking: Section
69-809, R.C.M. 1947 (now repealed), giving full-time County and
District Boards of Health power to enact rules, was unconstitutional
as invalid delegation of legislative power; section 69-813, R.C.M.
1947 (now repealed), setting forth a penalty for violation of act or
rules thereunder, was unconstitutional insofar as it applied to rules
promulgated under section 69-809, R.C.M. 1947 (now repealed). Bacus
v. Lake County, 138 Mont. 69, 354 P.2d 1056 (1960).
Deputy Health Officer:
Section 69-604, R.C.M. 1947 (now
repealed), making provision for a local health officer, did not
provide for a deputy health officer. Pue v. County of Lewis and
Clark, 75 Mont. 207, 243 P. 573 (1926).
Attorney General Opinions:
Local Health Boards Required to Inspect Food Establishments and
Participate in Enforcement: In light of clear statutory provisions
that place a mandatory duty upon a local health board and its officer
to participate in inspection and enforcement of health laws regarding
food establishments, the discretionary language of 50-50-305 simply
allows an inspection program to be more accountable by permitting the
Department to restrict funds going to the local board if it is not a
functioning board or if it is not conducting inspections or enforcing
legal provisions in a satisfactory manner. The language does not
imply that the inspection and enforcement duties are discretionary.
Therefore, local boards of health are required to inspect food
establishments and to participate in enforcing state laws that govern
those establishments. 46 A.G. Op. 3 (1995).
Regulation of Firearms as Health Ordinance Not Permitted:
A
city ordinance regulating the discharge of firearms outside the city
limits may not be enacted as a health ordinance under this section
and enforced pursuant to the extraterritorial powers granted to the
mayor by 7-4-4306. 42 A.G. Op. 8 (1987).
District Boards of Health -- Licensing Authority:
District
Boards of Health have statutory authority to license contractors who
perform work on sewage disposal systems that are not connected to a
municipal sewage system. (See 1991 amendment.) 37 A.G. Op. 177
(1978).
Law Review Articles:
The Constitutionality of Civil Inspections, 21 Mont. L. Rev. 195
(Spring 1960).
Collateral References:
Health and Environment key 6, 20, et seq.
39A C.J.S. Health and Environment §§§§ 3, 5, 6, 13, 48.
39 Am. Jur. 2d Health §§ 9, et seq.
General delegation of power to guard against spread of contagious
disease. 8 ALR 836.
Montana Acts
Chapter 137 of 1999 - 1st Regular Session
HOUSE BILL NO. 331
INTRODUCED BY C. AHNER
AN ACT AUTHORIZING LOCAL BOARDS OF HEALTH TO ADOPT AND ENFORCE
INSTITUTIONAL CONTROLS AT FEDERAL SUPERFUND SITES AND AT SITES
REGULATED UNDER THE MONTANA COMPREHENSIVE ENVIRONMENTAL CLEANUP
AND RESPONSIBILITY ACT; AMENDING SECTIONS 50-2-101 AND 50-2-116,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 50-2-101, MCA, is amended to read:
"50-2-101. Definitions. As used in this chapter, unless the
context clearly indicates otherwise, the following definitions
apply:
(1) "Communicable disease" means a disease designated as
communicable by the department.
(2) "Department" means the department of public health and
human services provided for in 2-15-2201.
(3) "Institutional control" means a legal or regulatory
mechanism designed to protect public health and safety or the
environment that:
(a) limits access to or limits or conditions the use of
environmentally contaminated property or media;
(b) provides for the protection or preservation of
environmental cleanup measures; or
(c) informs the public that property is or may be
environmentally impaired or that there are limitations on the
access to or use of environmentally contaminated properties or
media.
(3)(4) "Local board" means a county, city, city-county, or
district board of health.
(4)(5) "Local health officer" means a county, city,
city-county, or district health officer appointed by the local
board.
(5)(6) "Physician" means a physician legally authorized topractice medicine in this state."
Section 2. Section 50-2-116, MCA, is amended to read:
"50-2-116. Powers and duties of local boards. (1) Local
boards shall:
(a) appoint a local health officer who is a physician or a
person with a master's degree in public health or the equivalent
and with appropriate experience, as determined by the department,
and shall fix the health officer's salary;
(b) elect a presiding officer and other necessary officers;
(c) employ necessary qualified staff;
(d) adopt bylaws to govern meetings;
(e) hold regular meetings quarterly and hold special
meetings as necessary;
(f) supervise destruction and removal of all sources of
filth that cause disease;
(g) guard against the introduction of communicable disease;
(h) supervise inspections of public establishments for
sanitary conditions;
(i) subject to the provisions of 50-2-130, adopt necessary
regulations that are not less stringent than state standards for
the control and disposal of sewage from private and public
buildings that is not regulated by Title 75, chapter 6, or Title
76, chapter 4. The regulations must describe standards for
granting variances from the minimum requirements that are
identical to standards promulgated by the board of environmental
review and must provide for appeal of variance decisions to the
department as required by 75-5-305.
(2) Local boards may:
(a) quarantine persons who have communicable diseases;
(b) require isolation of persons or things that are infected
with communicable diseases;
(c) furnish treatment for persons who have communicable
diseases;
(d) prohibit the use of places that are infected with
communicable diseases;
(e) require and provide means for disinfecting places that
are infected with communicable diseases;
(f) accept and spend funds received from a federal agency,
the state, a school district, or other persons;
(g) contract with another local board for all or a part oflocal health services;
(h) reimburse local health officers for necessary expenses
incurred in official duties;
(i) abate nuisances affecting public health and safety or
bring action necessary to restrain the violation of public health
laws or rules;
(j) adopt necessary fees to administer regulations for the
control and disposal of sewage from private and public buildings.
The fees must be deposited with the county treasurer.
(k) adopt rules that do not conflict with rules adopted by
the department:
(i) for the control of communicable diseases;
(ii) for the removal of filth that might cause disease or
adversely affect public health;
(iii) subject to the provisions of 50-2-130, on sanitation in
public buildings that affects public health;
(iv) for heating, ventilation, water supply, and waste
disposal in public accommodations that might endanger human lives;
(v) subject to the provisions of 50-2-130, for the
maintenance of sewage treatment systems that do not discharge an
effluent directly into state waters and that are not required to
have an operating permit as required by rules adopted under
75-5-401; and
(vi) for the regulation, as necessary, of the practice of
tattooing>, which may include registering <tattoo> artists,
inspecting <tattoo> establishments, adopting fees, and also adopting
sanitation standards that are not less stringent than standards
adopted by the department pursuant to 50-1-202. For the purposes
of this subsection, "<tattoo" means making permanent marks on the
skin by puncturing the skin and inserting indelible colors.
(l) adopt regulations for the establishment of institutional
controls that have been selected or approved by the:
(i) United States environmental protection agency as part of
a remedy for a facility under the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. §§ 9601, et seq.; or
(ii) department of environmental quality as part of a remedy
for a facility under the Montana Comprehensive Environmental
Cleanup and Responsibility Act, Title 75, chapter 10, part 7."
Section 3. Effective date. [This act] is effective on
passage and approval.
All Sections effective: March 23, 1999.
Montana Statutes
TITLE 45 CRIMES
CHAPTER 5 OFFENSES AGAINST THE PERSON
Part 6 Offenses Against the Family
45-5-623. Unlawful transactions with children.
(1) Except as provided for in 16-6-305, a person commits the offense
of unlawful transactions with children if the person knowingly:
(a) sells or gives explosives to a child under the age of
majority except as authorized under appropriate city ordinances;
(b) sells or gives intoxicating substances other than alcoholic
beverages to a child under the age of majority;
(c) sells or gives an alcoholic beverage to a person under 21
years of age;
(d) being a junk dealer, pawnbroker, or secondhand dealer,
receives or purchases goods from a child under the age of majority
without authorization of the parent or guardian; or
(e) tattoos> a child under the age of majority without the
explicit in-person consent of the child's parent or guardian. For
purposes of this subsection, "<tattoo" has the meaning provided in
50-2-116(2)(k)(vi). Failure to adequately verify the identity of a
parent or guardian is not an excuse for violation of this
subsection.
(2) A person convicted of the offense of unlawful transactions
with children shall be fined an amount not to exceed $500 or be
imprisoned in the county jail for any term not to exceed 6 months, or
both. A person convicted of a second offense of unlawful transactions
with children shall be fined an amount not to exceed $1,000 or be
imprisoned in the county jail for any term not to exceed 6 months, or
both. (See compiler's comments for contingent termination of certain
text.)
History: En. 94-5-609 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947,
94-5-609; amd. Sec. 2, Ref. 74, app. Nov. 7, 1978; amd. Sec. 4, Ch.
217, L. 1987; amd. Sec. 4, Ch. 448, L. 1989; amd. Sec. 1, Ch. 155, L.1997.
Criminal Law Commission Comments: Source: New.
This section is merely a partial recodification of a number of
statutes on unlawful transactions with children. (See R.C.M. 1947,
sections 94-35-106 to 94-35-106.2, 94-3702 and 69-1902.) Other
statutes relating to children were repealed. (See R.C.M. 1947,
sections 94-35-138, 94-35-137 and 94-35-208.) The substance of still
other statutes relating to children [was] placed elsewhere in the
code.
Compiler's Comments:
1997 Amendment: Chapter 155 inserted (1)(e) relating to tattoos;
and made minor changes in style. Amendment effective March 26, 1997.
1989 Amendment: In (1), at beginning, inserted exception clause
citing 16-6-305; and made minor change in grammar.
1987 Amendment: In (1)(c) changed 19 to 21.
Applicability:
Section 8, Ch. 217, L. 1987, provided: "The
provisions of this act do not apply to persons who were born on or
between April 1, 1966, and April 1, 1968."
Contingent Termination Date:
Section 9(2), Ch. 217, L. 1987,
read: "If the United States congress repeals or removes or a final
judgment invalidates the provisions of federal law that require
states to raise the legal age for purchasing and possessing alcoholic
beverages to 21 as a condition of full receipt of federal highway
funds, the governor of Montana shall immediately certify the fact of
the repeal, removal, or invalidation to the secretary of state of
Montana. This act terminates on the date of such certification."
Effective Date:
Section 9(1), Ch. 217, L. 1987, provided: "This
act is effective April 1, 1987."
Severability:
Section 7, Ch. 217, L. 1987, was a severability
section.
Annotator's Note:
The area covered by subsection (1)(a) is
uncertain in the absence of an applicable statutory definition of the
word explosives, but the exception which allows municipalities to
permit, under appropriate ordinances, the sale of explosives to
minors, suggests that the framers intended to include even fireworks
within the section's coverage.
Subsection (1)(b) replaces R.C.M. 1947, §§ 94-35-106 and
expands the prior law's prohibition on the sale or gift of
intoxicating liquor to minors to include the sale or gift of any
intoxicating substance. The term "intoxicating substance" is defined
by MCA, 45-2-101 to include both the alcoholic beverages described by
R.C.M. 1947, §§ 94-35-107 and any other substance having an
hallucinogenic, depressant, stimulating or narcotic effect.
Subsection (1)(c) was adopted following approval by the voters in
the general election of November 7, 1978, of the constitutional
amendment which raised the drinking age to 19 years or older. (See
1987 amendment note.) Subsection (1)(d) reenacts the prohibition onthe purchase or acceptance of property from minors by pawnbrokers,
second-hand dealers and junk dealers contained in R.C.M. 1947, §§
94-3704. This section also lowers the age limit on the prohibition to
18 from 21 in accordance with the Constitutional requirement in Art.
II, sec. 14.
Effective Date:
Amendment proposed by Referendum 74 (Ch. 264, L.
1977) and approved at the general election held Nov. 7, 1978, was
effective Jan. 1, 1979.
Contingent Termination Date:
Section 9(2), Ch. 217, L. 1987,
read: "If the United States congress repeals or removes or a final
judgment invalidates the provisions of federal law that require
states to raise the legal age for purchasing and possessing alcoholic
beverages to 21 as a condition of full receipt of federal highway
funds, the governor of Montana shall immediately certify the fact of
the repeal, removal, or invalidation to the secretary of state of
Montana. This act terminates on the date of such certification."
Cross References:
Adult rights, Art. II, sec. 14, Mont. Const.
Presumption of legal age to purchase alcoholic beverage -- defense
for seller, 16-3-301.
Liability of one furnishing alcoholic beverage for injuries
arising from event involving consumer, 27-1-710.
Definition of intoxicating substance, 45-2-101.
Definition of knowingly, 45-2-101.
Case Notes:
Intoxicating Beverage: In prosecution for violation of
94-35-106, R.C.M. 1947 (a forerunner of this section), corpus delicti
was established by evidence that the defendant poured minor a drink
from a bottle marked "Vodka". St. v. Moore, 138 Mont. 379, 357 P.2d 346
(1960).
Information charging defendant with selling intoxicating liquor to
minor was sufficient even though it did not specify the kind of
liquor furnished. St. v. Baker, 87 Mont. 295, 286 P. 1113 (1930).
Misrepresentation of Age: In a prosecution under 94-35-106,
R.C.M. 1947 (a forerunner of this section) for furnishing liquor to a
minor, misrepresentation of age by the minor was no defense, and it
was immaterial what precautions defendant took to ascertain the
buyer's age. St. v. Paskvan, 131 Mont. 316, 309 P.2d 1019 (1957).
License:
In prosecution for selling intoxicating liquor to a
minor, it was immaterial whether defendant was licensed under the
alcoholic beverage laws, and amendment of information to insert
allegation that defendant was an employee of a licensee was
surplusage and not prejudicial to defendant. St. v. Winter, 129 Mont. 207
, 285 P.2d 149 (1955).
Entrapment:
Entrapment was no defense in a prosecution for selling liquor to a minor even though a public officer gave the minor
money and instructed him to buy whiskey, whereupon the minor entered
defendant's bar, offered to buy and was sold whiskey, where the
officers did not induce the sale by defendant or mislead him as to
the minor's age. St. v. Parr, 129 Mont. 175, 283 P.2d 1086, 55 ALR 2d 1313
(1955).
Furnishing Liquor:
Evidence that defendant poured drinks
containing intoxicating liquor and set them out on a dresser in his
hotel room and that a minor picked one up and consumed it supported
conviction under 94-35-106, R.C.M. 1947 (a forerunner of this
section). St. v. Clark, 87 Mont. 416, 288 P. 186 (1930).
Attorney General Opinions:
"Explosives" Not to Include Small Arms Ammunition or Fireworks:
The term "explosives" in this section does not include small arms
ammunition or fireworks permitted to be sold to the public under
50-37-104. 42 A.G. Op. 83 (1988).
Legal Age for Serving Alcoholic Beverages:
A person who is 18
years of age may be employed as a bartender, waiter, or waitress to
serve customers purchasing alcoholic beverages at retail. 38 A.G. Op.
15 (1979).
Collateral References:
Explosives key 1 through 5; Intoxicating Liquors key 159, 242;Pawn Brokers and Money Lenders key 11.
35 C.J.S. Explosives §§§§ 1, 2, 3, 6; 47 C.J.S. Interest and
Usury §§ 365; 48 C.J.S. Intoxicating Liquors §§ 259; 48A C.J.S.
Intoxicating Liquors §§ 380.
ADMINISTRATIVE RULES OF MONTANA
*** THIS DOCUMENT IS CURRENT THROUGH DECEMBER 31, 2001 ***
TITLE 37: DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
CHAPTER 112: BODY ART AND COSMETICS
SUB-CHAPTER 1: TATTOO PARLORS
37.112.101 TATTOOING: DEFINITIONS
(1) "Certificate of sanitation" means a written certificate issued by the
department to a tattoo shop signifying compliance with these rules.
(2) "Client" means the person, customer or patron whose skin will be
tattooed.
(3) "Communicable disease" means a disease which can be transmitted from
person to person directly or indirectly, including diseases transmitted via
blood or body fluids.
(4) "Department" means the department of public health and human
services.
(5) "Disinfectant" means a substance or solution, registered with the
United States environmental protection agency (EPA), which kills or inactivates
viruses and pathogenic microorganisms, but not necessarily their spores, on cleaned
environmental surfaces, and which is formulated for decontamination
procedures.
(6) "Disposable" means items which are intended for use and disposal, but
not necessarily suitable for cleaning, sanitizing and re-use.
(7) "Germicidal cleanser" means a substance, which when used according to
manufacturer's instructions, cleans and reduces the level of microbial
contamination on a surface, and which is suitable for use on the skin.
(8) "Infectious waste" means the definition found in 75-10-1003, MCA.
(9) "Ink cup" means a small container for an individual portion of
pigment which may be installed in a holder or palette, and in which a small amount
of pigment of a given color is placed.
(10) "Permanent makeup" means tattooing colored pigment along the upper
or lower margin of the eyelids, or into the skin on eyelids, lips, cheeks or
other parts of the face for cosmetic purposes.
(11) "Physician" means a person licensed to practice medicine in Montana
by the Montana board of medical examiners.
(12) "Sharps" means the definition found in 75-10-1003, MCA.
(13) "Single use" means items which are intended for one time, one person
use only, then to be discarded.
(14) "Sterilize" means to treat an object or surface with a procedure
that kills or irreversibly inactivates all microorganisms, including bacteria,
viruses, and pathogenic fungi, including their spores.
(15) "Tattoo" means the definition found in 50-2-116, MCA.
(16) "Tattooist" means a person who engages in the practice of tattooing
the skin of a live human being and includes a person administering tattoos to
impart permanent makeup on the skin such as permanent lip coloring, permanent
eye-liner or permanent skin coloration for any purpose other than noted in (16)(a)
through (d), whether or not such activities occur in whole or in part in a tattoo
shop, beauty salon, or other business setting. This term does not include:
(a) the practice of electrology as defined in 37-32-102, MCA;
(b) a physician or licensed medical professional employing colors, dyes,
pigments for the purposes of obscuring scar tissues or imparting color to
the skin for cosmetic, medical or figurative purposes;
(c) a person engaged in body puncturing or piercing for the purpose of
creating a perforation in the skin for inserting jewelry or ornamental
hardware, unless that person also does tattooing; or
(d) an acupuncturist.
(17) "Tattoo shop" means any room, space or establishment, including a
temporary or mobile facility, where tattooing is practiced.
(18) "Temporary or mobile facility" means a facility where tattooing is
conducted for not more than 14 days in a calendar year.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.136 TATTOOING: CONSENT FORM
(1) Each client must sign a consent form. The consent form must contain:
(a) the client's name and address, the date tattooed, the design of the
tattoo, its location on the client's body and any other information that the
tattooist may deem appropriate;
(b) pre-service information describing:
(i) possible allergies, skin or systemic reactions, side-effects and
potential complications of tattooing, including the possibility of scarring
and changes in the appearance of the tattoo over time; and
(ii) the permanent nature of tattoos, including a description of removal
methods such as laser treatment or surgery.
(c) a statement by the client that the client:
(i) is free from a communicable respiratory or diarrheal disease;
(ii) has been provided with the pre-service information, both in writing
and verbally by the tattooist; and
(iii) consents to the tattoo.
37.112.124 TATTOOING: TATTOO APPLICATION
(1) If, during the process of tattooing, the tattooist sustains a needle
stick, the tattooist must:
(a) stop tattooing immediately;
(b) replace the tube, needle, and bar sets with a sterile setup; and
(c) wash and reglove before continuing the tattoo procedure.
(2) During the process of tattooing, each tattooist must:
(a) use single use disposable ink cups for pigments and dispose of the
ink cups after each client so that ink cups may not be reused on another client
or for any other purpose. If additional pigment must be added to the ink cup
during the tattooing procedure, a disposable handling liner may be used or the
tattooist must wash and re-glove. Ink storage containers and other surfaces
must be considered as potentially contaminated. Individual pigment portions and
ink cups must be disposed of in accordance with ARM 37.112.130;
(b) use single use disposable gauze or tissue to absorb blood, fluids and
ink on the client's skin during the tattooing procedure;
(c) not smoke in the work room during tattooing procedures;
(d) avoid touching his or her eyes, nose or mouth with gloved hands.
After gloving, if any object, such as an ink container, a telephone receiver, or
door knob, is inadvertently touched or retrieved from the floor or otherwise
comes into contact with the gloved hands of the tattooist, the tattooist must
rewash and reglove before proceeding with the tattooing procedure; and
(e) prohibit dusting, cleaning, vacuuming or other cleaning of floors,
walls,ceilings or attached equipment during times when clients are being tattooed
or while tattoos are exposed to the air.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.128 TATTOOING: COLORS, DYES AND PIGMENTS
(1) Each tattooist must use colors, dyes and pigments from reputable
suppliers, stored in appropriate containers, to insure and maintain their
integrity and sterility. After completing the tattooing procedure, the
remaining dye or pigment in the disposable ink cup must be regarded as infectious
waste, and must be discarded in accordance with ARM 37.112.130.
(2) Pigments mixed or prepared in the tattoo shop must be non-toxic and
sanitary and must be prepared and stored in accordance with the
manufacturer's instructions.
(3) A tattooist who becomes aware of a client who has experienced an
apparent reaction, allergy, or sensitivity to a pigment used in tattooing must report
the condition and pigment information to the Department of Public Health and
Human Services, Health Policy and Services Division, Food and Consumer Safety
Section, Cogswell Building, P.O. Box 202951, Helena, Montana 59620-2951 or the local
health officer. Adulterated pigments or those containing deleterious
substances may be subject to voluntary hold, manufacturer recall or other action under
the Montana Food, Drug and Cosmetic Act, the federal Food, Drug and Cosmetic
Act, or other local, state or federal law. This reporting requirement does not apply
to skin sensitivity to antibacterial ointments, soaps, or tape adhesive used in
bandaging.
(4) Pigments or dyes disapproved or under recall by the United States
food and drug administration or the department under the Montana Food, Drug and
Cosmetic Act may not be used.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.106 TATTOOING: WORK ROOM REQUIREMENTS
(1) The work room in which tattoos are applied must be separated by
barrier from the waiting area. The room need not have complete physical separation,
but must be segregated by counters, barriers and self- closing doors, such that
clients or other employees may not enter the work room unless they open a
door to gain access. Animals are not allowed in the work room, except for guide
or handicap dogs.
(2) The work room must have:
(a) a minimum of 10 foot-candles of light measured at the level of the
tattooing operation or the counter top;
(b) adequate ventilation. If heating ducts, vents or air conditioners
discharge into the work room, the intakes for such venting must be filtered
to minimize airborne dust and insects;
(c) a hand washing sink with hot and cold running water unless there is a
hand washing sink outside the work room within 10 feet of the work room
door. If the hand washing sink is outside the work room, the work room door must be a
2-way self-closing door. If controls for wrist or foot activation are not
available, single service towels must be used for turning controls off after
washing hands. The hand washing sink must be sanitized daily; and
(d) a sufficient number of waste receptacles for the disposal of waste
materials. A dedicated container for the disposal of sharps must be located
in the work room.
(3) The work room may not be used as a corridor for access to other
rooms.
(4) The work room must be maintained in a clean condition to prevent
contamination from previous clients and exposure to contaminants during
tattooing procedures. Work tables, counter tops and other client contact
surfaces must be sanitized between clients with a disinfectant solution
having virucidal capability. The floor of the work room must be constructed of
smooth and impervious materials and must be wet-mopped daily.
(5) Clients may be tattooed only in the work room.
(6) Closed containers must be maintained in the work room for the storage
of instruments, needles, bars, tubes, dyes and pigments, carbon transfer blanks
and other materials used in the tattooing procedures. Disinfectants, cleaning
compounds, pesticides and other chemicals must be stored in a separate
container.
(7) Tables, trays and tattooing utensils may not be shared between or
among tattooists tattooing clients at the same time.
(8) Work tables must be constructed of metal or other material which is
easily cleanable, smooth, non-absorbent, corrosion-resistant, and easily
sanitized.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.140 TATTOOING: RESTRICTIONS AND PROHIBITIONS
(1) The tattoo application may not proceed:
(a) if either the tattooist or the client is under the apparent influence
of alcohol or other mind- altering drugs;
(b) if either the tattooist or the client has a communicable respiratory
or diarrheal disease;
(c) if the client has not signed the consent form required by ARM
37.112.136; or
(d) if the client is under the age of majority, without the explicit
in-person consent of the client's parent or guardian as provided in
45-5-623(1)(e), MCA. Failure to adequately verify the identity of a parent
or guardian is not an excuse for violation of 45-5-623(1)(e), MCA.
(2) A written physician referral is required before tattooing a client
if:
(a) the client is taking any drug which may induce bleeding tendencies or
reduce clotting;
(b) the client shows signs of recent intravenous drug use;
(c) the client has a sunburn or other skin disease or infection such as a
rash, wound, or puncture mark, psoriasis, eczema, or lesions at the tattoo site;
or
(d) the client declares or evidences allergies or contact sensitivity to
pigments, soaps, or other substances used in the tattooing process.
(3) The tattooist may delay tattooing or require a medical referral
before tattooing persons whose physical health, understanding or judgment may be in
question.
(History: Sec. 50-1- 202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p.
967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.122 TATTOOING: PATTERN TRANSFER
(1) If the method of pattern transfer involves a reusable plastic or
acetate stencil, the stencil must be sanitized immediately prior to the application
using a germicidal cleanser and a 70% isopropyl alcohol rinse.
(2) If the method of pattern transfer involves a hectograph pencil, a
disposable carbon transfer sheet or a thermal spirit transfer sheet or other
single use transfer method, the tattooist must meet the following
requirements:
(a) The pencil, drawing instrument, transfer sheet, or other single use
transfer product must be stored in a closed dust proof cabinet.
(b) The transfer produced by a tattooist for transferring the design to
the skin must be single use. The pattern may be reused.
(3) An adherent or emollient applied to facilitate a pattern transfer, or
to cover a pattern after transfer, must be from a single use collapsible tube,
a spray bottle or a large supply container. If a large supply container is
used, the adherent or emollient must be extracted using a disposable, single use
utensil such as a disposable tongue depressor to prevent contamination of
the adherent or emollient supply.
(4) After preparing the client's skin for tattooing, including washing
and if necessary, shaving, and setting up the equipment and supplies for the
tattooing procedure, the tattooist must put on a pair of disposable latex or vinyl
examination gloves to be used only for that particular tattooing procedure.
If the tattooist wore gloves to wash or shave the client's skin, the tattooist
must discard those gloves after completing those procedures. The tattooist must
then put on a new pair of disposable latex or vinyl examination gloves before
proceeding with the tattooing.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.114 TATTOOING: ULTRASONIC CLEANING UNIT
(1) An ultrasonic cleaning unit, when used for needles, tubes or other
parts which may become contaminated during the tattooing process, must be used in
accordance with the manufacturer's instructions. An ultrasonic cleaning unit
does not satisfy the sterilization requirements in ARM 37.112.113, with or
without the addition of chemical sanitizers.
(2) If the tattooist uses the ultrasonic unit at the work station to
rinse needles between pigment changes, a disposable cup or single use liner must
be placed in the tank prior to use and changed between clients, unless the tank
is autoclaved between clients. The used liner must be disposed of in accordance
with ARM 37.112.130.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.105 TATTOOING: TATTOO SHOP REQUIREMENTS
(1) Each tattoo shop must:
(a) have a work room for applying tattoos which complies with ARM
37.112.106;
(b) be maintained in good repair at all times during which the shop is
operating. Work rooms, restrooms, hand washing facilities, and all shop
areas to which clients have access must be kept clean and free of garbage, litter,
unnecessary articles, dust, dirt, and sources of airborne dust. Utility
rooms, garbage can storage rooms and workshop rooms, separated from other areas of
the shop by closed doors, must be cleaned periodically as necessary to prevent
insect or rodent harborage, airborne dust, airborne solvents or toxics or
other contaminants;
(c) have an approved water supply and sewage treatment system meeting
applicable local and state statutes and rules. If the water source is not
served by a public water supply approved by the Montana department of environmental
quality, the water source must be sampled for bacteriologic testing at a
certified laboratory at least 2 times per year. The testing records must be
maintained on the premises and be available for review and verification by
the department or its authorized representative. During periods when the public
water supply may be contaminated or operating under a boil order of the
Montana department of environmental quality, an alternative source of sterilized
water or bottled, distilled water must be used for hand washing and other
tattooing operations;
(d) have a client toilet and hand washing sink. The toilet room must be
vented, well lighted and equipped with a self-closing door and a covered
waste receptacle. A hand washing sink must be located either within the toilet
room or within 10 feet of the toilet room door, with a sink, soap dispenser, and hot
and cold running water. If the hand washing sink is not in the toilet room, an
additional covered waste receptacle is required in the immediate location of
the hand washing sink. Single service towels must be provided for hand drying;
and
(e) maintain its floors and ceilings in good repair and clean condition.
(2) A tattoo shop may not be operated in any room or area used as living
or sleeping quarters. A tattoo shop must be separated from any living or
sleeping quarters by complete partitioning and solid self-closing doors.
(3) A temporary or mobile facility may be operated in connection with a
tattoo shop if the tattoo shop submits to the department:
(a) a written plan that demonstrates to the department how the temporary
or mobile facility will meet the provisions of these rules, or will use
alternatives which provide equivalent protection as provided by these rules;
and
(b) the department or its authorized representative issues written
approval of the plan.
(4) At a minimum, the plan referenced in (3) above must include
information on the facility's:
(a) water supply source;
(b) sanitation, sterilization, infection control, and record keeping
methods and procedures;
(c) waste disposal methods and procedures, including wastes contaminated
with blood or body fluids; and
(d) ability to provide adequate toilets and hand washing sinks.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.112 TATTOOING: HEPATITIS B VACCINATION
(1) A tattoo shop owner, employing at least one tattooist, shall offer:
(a) pre-exposure hepatitis B vaccine to the employee(s), unless serologic
testing indicates they are immune to the infection; and
(b) post-exposure hepatitis B vaccine to the employee(s) who incur a
needle stick or other accidental exposure to blood or body fluids, or articles
which may be contaminated with blood or body fluids.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.113 TATTOOING: STERILIZATION REQUIREMENTS
(1) Each tattooist must:
(a) use sets of individually wrapped, sterilized needles, bars and tubes for
each new client. Defective or faulty needles may not be used;
(b) except as provided in (2) below, sterilize needles, bars, tubes and any
other articles which may come into contact with blood or body fluids, using
autoclave sterilization, by placing the wrapped needles, bars and tubes in
an autoclave for 20 minutes at 15 pounds pressure at a temperature of 250xF, or
in accordance with the manufacturer's instructions. Autoclave packaging must be
used to sterilize needles, bars, tubes, and any other articles which may
come into contact with blood or body fluids. Testing indicator strips for
checking temperature must be used each time the autoclave is operated. After
autoclaving, the package must be date marked and initialed by the tattooist. If the
sterilized needle, bar or tube is not used within 60 days of the
sterilization date, the article must be resterilized before use;
(c) conduct quarterly biological monitoring for autoclave effectiveness using
standard spore suspension units available for this purpose. A written record
of quarterly reports must be maintained on the premises and be available for
review and verification by the department or its authorized representative;
(d) following sterilization, keep the needle sets and tubes in the
autoclave packaging. The packages may only be opened in full view of the client;
(e) sterilize, by autoclave sterilization, pen-style tattooing machines
and the components intended for reuse; and
(f) use a new pair of disposable latex or vinyl examination gloves for
each client.
(2) Any tattoo shop in existence in this state prior to the adoption of
this rule which uses dry heat sterilization as its sterilization method may
continue to use dry heat sterilization, instead of autoclave sterilization as
required under (1)(b), for a period of 1 year after the adoption of this rule.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.107 TATTOOING: UTENSILS AND SUPPLIES
(1) Needles and bars must be:
(a) either single use and disposable and discarded after one use or the
needle portion must be detached from the bar and discarded after one use. The
bar may be reused after attachment of a new needle and sterilization, in
accordance with ARM 37.112.113; and
(b) of single use construction and discarded after one use.
(3) A durable tray must be maintained in the work room for the placement
of used tweezers, tubes, bars and needles, and other articles which require
autoclaving. Single use needles must be disposed of in a sharps disposal
container after use. If needles are to be held for autoclaving, the tray on
which the needles are placed must be puncture proof.
(4) The tattoo shop must maintain on its premises at all times the
following minimum supplies:
(a) one-half gallon of germicidal cleanser or tincture surgical soap;
(b) one-half gallon of 70% isopropyl alcohol;
(c) one-half gallon of distilled water;
(d) 18 sets of sterilized needles and bars per tattooist. For purposes of
this requirement, one set of needles and bars consists of one liner needle
soldered to a bar and one shader soldered to a bar;
(e) 18 sterile liner tubes per tattooist;
(f) 18 sterile shader tubes per tattooist;
(g) 300 disposable latex or vinyl examination gloves; and
(h) 500 single use ink cups.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.120 TATTOOING: SKIN PREPARATION
(1) Prior to performing a tattoo, each tattooist must:
a) clean under and around his or her fingernails with a nail brush, used
solely by the particular tattooist;
(b) thoroughly wash and scrub his or her hands with hot running water, a
germicidal hand cleanser and an individual hand brush, used solely by the
particular tattooist;
(c) wear a clean outer garment and hair restraint. The hair restraint
must be sufficient to prevent contact by the tattooist's hair with the tattoo site.
Tie backs or hair nets are acceptable; and
(d) clean and wash the client's skin area to be tattooed with hot water
and a germicidal cleanser. If it is not necessary to shave the client's skin
area, the tattooist must then rinse the skin area at the tattoo site with a 70%
isopropyl alcohol solution or an equivalent rinsing agent commercially
labeled for direct use on the skin which contains alcohol or other solvents to
remove all cleaning compounds and chemical residue.
(2) If it is necessary to shave the client's skin area to be tattooed,
the tattooist must use single service disposable razors. Straight razors and
replaceable blade units may not be used. After shaving the client's skin,
the tattooist must:
(a) wash and scrub his or her hands;
(b) clean the skin at the tattoo site with tincture surgical soap, green
soap or other germicidal cleanser using a sterile gauze pad, sponge or single use
tissue; and
(c) rinse the skin at the tattoo site with a 70% isopropyl alcohol
solution or an equivalent rinsing agent commercially labeled for direct use on the
skin which contains alcohol or other solvents to remove all cleaning compounds
and chemical residue.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.126 TATTOOING: AFTERCARE
(1) After applying the tattoo, each tattooist must wash the completed
tattoo with a piece of sterile gauze or sterile cotton saturated with a germicidal
cleanser or tincture surgical soap, and allow the tattooed skin to air dry.
After drying, anti-bacterial ointment must be applied from a collapsible
tube, a single use package, or a supply container using a disposable instrument such
as a sterile tongue depressor. After one use, the disposable instrument must be
discarded. The entire tattooed skin area must be covered with a non-stick
sterile gauze and bandage or other effective means of protection and
infection
prevention.
(2) Aftercare instructions must be provided to the client both verbally
and in writing after every tattoo procedure.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.130 TATTOOING: HANDLING AND DISPOSAL OF INFECTIOUS MATERIAL
(1) Each tattooist must ensure that sharps, such as discarded or used
needles, razors and any other articles that may cause punctures or cuts, and
other articles which are contaminated, or which contain or may contain
infectious waste, are handled and disposed of in accordance with the
following requirements:
(a) A sharps disposal container must be used in which sharps are placed
for storage, transportation, treatment, and subsequent disposal. An adequate
supply of sharps containers must be maintained on the premises. A sharps container
must:
(i) be sealable, rigid (puncture proof), and strong enough to protect the
handler and others from accidental cuts or puncture wounds;
(ii) not be filled more than 3/4 full; and
(iii) be leak proof, and labeled or color-coded.
(b) Infectious disposable waste, other than sharps, must be placed in
moisture-proof disposable containers or bags of a strength sufficient to
prevent ripping, tearing, or bursting under normal conditions of use. The bags must
be securely tied to prevent leakage or expulsion of solid or liquid wastes
during storage, handling, and transportation. Waste receptacles must be removed by
persons trained in infection control. Single plastic trash can liners may
not be used as a vehicle for storing or transporting infectious waste.
(c) A tattooist must use:
(i) an implement or tool, such as tongs or pliers, to bend, separate from
the bar or otherwise manipulate used needles; and
(ii) a brush, dust pan or tongs to pick up any broken glassware in the
work room. A tattooist, having engaged in such cleanup, must wash his or her
hands and reglove before working with a client.
(d) Laundry which may have been contaminated with blood must be handled
as little as possible and stored separately in a closed container prior to
cleaning. It must be stored and transported in bags or containers which
prevent soak-through or leakage of fluids.
(e) All disposable infectious waste or material must be treated and
disposed of in accordance with Title 75, chapter 10, part 10, MCA. The department
hereby adopts and incorporates by reference Title 75, chapter 10, part 10, MCA,
which sets forth the requirements for treating and disposing of infectious waste.
A copy of Title 75, chapter 10, part 10, MCA, may be obtained from the
Department of Public Health and Human Services, Health Policy and Services Division,
Food and Consumer Safety Section, Cogswell Building, P.O. Box 202951, Helena,
Montana 59620-2951.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.135 TATTOOING: CLIENT RECORD
(1) Each tattooist must maintain a client record for each client. At a
minimum, the client record must include:
(a) a copy of the signed consent form required by ARM 37.112.136;
(b) the name of the tattooist who performed the tattoo, and the address
and telephone number of the tattoo shop;
(c) special instructions or notations regarding the client's medical or
skin conditions; and
(d) a written physician referral if a referral is required by ARM
37.112.140.
(2) Client records must be maintained on the tattoo shop premises for a
minimum of 2 years. The records must be available for review and
verification by the department or its authorized representative.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.143 TATTOOING: OPERATION
(1) A tattoo shop shall:
(a) possess a current certificate of sanitation from the department to
operate; and
(b) display the certificate of sanitation in a prominent place in the
tattoo shop.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
37.112.146 TATTOOING: INSPECTION AND ENFORCEMENT
(1) The department or its authorized representative may conduct
inspections at all times when the tattoo shop is operating.
(2) The department may, after providing notice and an opportunity for
hearing, refuse to issue a certificate of sanitation to a tattoo shop, or
may revoke or suspend a certificate of sanitation, for violations of these
rules.
(3) A hearing request must be made in writing to the department within 10
days of the date of the department's notice of its intention to refuse to
issue a certificate of sanitation or to revoke or suspend a certificate of
sanitation.
(4) A hearing for the refusal, revocation or suspension of a certificate
of sanitation is governed by the provisions of the Montana Administrative
Procedure Act, Title 2, chapter 4, MCA.
(History: Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA; NEW, 1998 MAR p. 967,
Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429.)
Source: Department
of Health and Environmental Science
See also: Montana
Tattooing FAQ
