New Hampshire Session Laws
Chapter 58 - 2001
HOUSE BILL 255
AN ACT establishing a committee to study the practice of "body works."
SPONSORS: Rep. Dalrymple, Rock 26; Rep. Emerton, Hills 7
COMMITTEE: Health, Human Services and Elderly Affairs
AMENDED ANALYSIS
This bill establishes a committee to study the practice of "body
works."
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted
appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT establishing a committee to study the practice of "body works."
Be it Enacted by the Senate and House of Representatives in General Court
convened:
58:1 Statement of Purpose. The general court recognizes the public heath
and safety concerns regarding "body works", including branding, body
piercing, tongue piercing, tattooing>, and marking. Therefore, the general
court recommends the formation of a committee to study the practice of
"body works" and to recommend appropriate legislation.
58:2 Committee Established. There is established a committee to study the
practice of "body works", including branding, body piercing, tongue
piercing, <tattooing>, and marking.
58:3 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the
speaker of the house.
(b) Three members of the senate, appointed by the president of the
senate.
II. Members of the committee shall receive mileage at the legislative
rate when attending to the duties of the committee.
58:4 Duties. The committee shall study the practice of "body works",
including branding, body piercing, tongue piercing, <tattooing>, <cosmetic>
<tattooing, and marking. The committee's study shall include, but not be
limited to client safety and public protection, education and training
for persons practicing "body works", and the practice environment.
58:5 Chairperson; Quorum. The members of the study committee shall elect
a chairperson from among the members. The first meeting of the committee
shall be called by the first-named house member. The first meeting of the
committee shall be held within 45 days of the effective date of this
section. Four members of the committee shall constitute a quorum.
58:6 Report. The committee shall report its findings and any
recommendations for proposed legislation to the speaker of the house of
representatives, the senate president, the house clerk, the senate
clerk, the governor, and the state library on or before November 1,
2001.
58:7 Effective Date. This act shall take effect upon its passage.
(Approved: June 12, 2001)
(Effective Date: June 12, 2001)
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
Copyright (c) 2002 by Weil Publishing Co., Inc.
All rights reserved
*** THIS DOCUMENT IS CURRENT THROUGH MAY 2002 ***
DEPARTMENT OF HEALTH AND HUMAN SERVICES; DIVISION OF PUBLIC HEALTH
SERVICES
CHAPTER He-P 1100 TATTOO REGULATIONS
PART He-P 1103 TATOO ESTABLISHMENT REQUIREMENTS
N.H. Admin. Rules, He-P 1103.01 (2002)
He-P 1103.01 Physical Environment.
(a) All tattoo establishments shall be clean and free from rodents and
vermin.
(b) The floor(s) and walls in the tattoo area shall be smooth,
nonabsorbent and washable.
(c) Furniture in the waiting area and in the area utilized for tattooing,
including scarification or body piercing shall be clean and in good repair.
(d) The area utilized for tattooing shall be separated from the waiting
area by curtains or a full partition to a minimum height of 6 feet in order to
assure privacy.
(e) A toilet room with hot and cold running water shall be available to
clients.
(f) The area utilized for tattooing, including scarification or body
piercing shall contain the following:
(1) Hot and cold running water under pressure;
(2) Individual paper towels in a holder;
(3) Areas for the storage of instruments, pigments, and other supplies;
(4) Countertop workspace made of nonpermeable materials and cleansed with
a germicidal solution immediately prior to and after each tattoo;
(5) Lighting sufficient to perform the tattooing, scarification or body
piercing process;
(6) Single use surgical or examination gloves;
(7) A rigid, puncture resistant container for disposal of sharps such as
needles in accordance with He-P 1103.02(o); and
(8) A waste container for other waste in accordance with He-P 1103.02(p).
(g) Each establishment shall have an ultrasonic cleaner or equipment for
soaking instruments in glutaraldehyde for 24 hours prior to sterilization in
an autoclave.
(h) Each establishment shall scrub all equipment with soap or detergent
and water to ensure that it is free of all pigments and residue prior to
sterilization of that equipment.
(i) Each establishment shall have an autoclave for sterilization of
instruments unless:
(1) All instruments are pre-sterilized single use items; or
(2) The establishment has a contract for sterilization of needles and
needle bars with an outside company.
(j) Contracts for sterilization, if used, and manifests of items
sterilized shall be maintained in the establishment for 2 years and shall be available
for review by the division upon request.
(k) Tattoo establishments shall employ only licensed tattoo practitioners
to perform tattooing, including scarification or body piercing in a tattoo
establishment.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1102.04 Inspections of Tattooing Establishments.
(a) All tattoo establishments shall be inspected in accordance with He-P
1100.
(b) Inspections shall be required prior to issuance of the following
licenses as follows:
(1) Initial establishment license;
(2) Renewal establishment license; and
(3) License issued to new owners.
(c) In those cities and towns which regulate the practice of tattooing,
no inspection by the division shall be conducted if the city or town has:
(1) Inspected the establishment for compliance with local tattoo
ordinances within the previous 12 months; and
(2) Approved the operation of the tattoo establishment.
(d) Inspections shall be made to determine if:
(1) Tattooing, including scarification or body piercing is being
performed as defined in RSA 314-A;
(2) Individuals performing tattooing, including scarification or body
piercing are licensed in accordance with RSA 314-A and He-P 1102.01 or He-P
1102.05; and
(3) The requirements of RSA 314-A and He-P 1103 or He-P 1104 are being met.
(e) Inspections shall be conducted by appointment.
(f) The tattoo establishment shall allow access by the inspectors to all
portions of the establishment and shall provide for inspection any records
required under He-P 1100.
(g) The director shall provide the licensee with a copy of the inspection
report within 30 calendar days after the inspection has been completed.
(h) The inspection report shall include:
(1) The name and address of the establishment;
(2) The date and time of the inspection;
(3) Those items found not to be in compliance with RSA 314-A and He-P
1100;and
(4) The name of the person conducting the inspection.
(i) The establishment shall post the inspection reports in a public and
conspicuous place in the establishment so that all pages of the report shall
be visible.
(j) Within 15 calendar days of receipt of the inspection report, the
establishment shall submit a plan of correction for each deficiency cited.
(k) The plan of correction shall include:
(1) How the establishment is planning to correct the deficiencies; and
(2) When the deficiencies will be corrected.
(l) Upon receipt of the establishment's plan of correction, the director
shall review it to determine the following:
(1) If implementation of the plan of correction shall result in
compliance with RSA 314-A and He-P 1100;
(2) If the proposed correction date will achieve compliance prior to the
expiration of the current license; and
(3) If correction of the deficiency is done in a manner that results in a
different deficiency.
(m) The director shall notify the establishment in writing if the plan of
correction is not acceptable based on (1) above.
(n) Notwithstanding (m) above, for plans of correction which involve
either renovation of the establishment or an expenditure of funds, the
establishment may request that the division accept a plan of correction which will not be
completed prior to the expiration of the current license.
(o) The division shall decide based on the hardship to the establishment,
the safety of the clients and the feasibility of the establishment's plan of
correction whether to grant the request.
(p) If the plan of correction is not acceptable, the establishment shall
be given an opportunity to submit a new plan of correction for review by the
division if the current tattoo establishment license has not expired.
(q) If the current tattoo establishment license has expired prior to
receipt of an acceptable plan of correction, a warning shall be issued in accordance
with He-P 1106.01(a).
(r) The director shall conduct an onsite follow up inspection or, if
correction of the deficiencies can be verified by telephone or by submission
of documents, contact the facility to verify that the plan of correction,
accepted by the division, has been implemented.
(s) If the onsite or telephone follow up determines that the plan of
correction has not been implemented, a warning shall be issued to the
establishment in accordance with He-P 1106.01(a).
(t) Failure to meet the terms of the warning shall result in denial of
the license in accordance with He-P 1106.03.
He-P 1102.01 Initial Practitioner License.
(a) An applicant shall obtain a tattoo practitioner's application form
from the division.
(b) An applicant for a tattoo practitioner's license shall submit a
completed application to the division.
(c) An applicant shall provide the following to the division on a tattoo
practitioner's application form:
(1) The applicant's name, home, mailing or business address and telephone
number;
(2) The applicant's date of birth;
(3) A description of the applicant's experience in performing tattooing,
scarification or body piercing, including:
a. The length of time the applicant has practiced;
b. The name, address and telephone number of the tattoo establishment for
which the applicant worked as an apprentice;
c. The length of time as an apprentice; and
d. A description of the duties performed.
(4) A statement signed by a licensed physician, licensed advanced
registered nurse practitioner or licensed physician's assistant in accordance with He-P
1101(f);
(5) Copies of any licenses, registrations or certificates issued to the
applicant as a tattoo practitioner;
(6) A 2" x 2" signed passport photograph of the applicant; and
(7) The fee for licensure as a tattoo practitioner as prescribed in He-P
1102.11(a).
(d) Applicants for a tattoo practitioner's license who wish to perform
cosmetic tattooing shall submit documentation of 4 years of experience as a
tattoo practitioner.
(e) Documentation of experience required pursuant to (d) above shall be
in the form of:
(1) Business records;
(2) Previous licenses or permits held; or
(3) Other documentation which indicates the length of time as a tattoo
practitioner.
(f) Applicants for a tattoo practitioner's license shall be examined by a
physician, physician's assistant or advanced registered nurse practitioner
no more than 90 days prior to submission of the application and shall obtain a
statement from the physician, physician's assistant or advanced registered
nurse practitioner that he/she found the practitioner to be in good physical
health.
(g) Applicants for a tattoo practitioner's license who submit an
application to the division completed in accordance with He-P 1102.01 shall be granted a
license.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1102.05 Renewal of Practitioner License.
(a) All applicants for practitioner license renewal shall complete and
submit an application which contains the information described in He-P 1102.02(b)
to the director prior to the expiration of their current license.
(b) All applicants for a practitioner license renewal shall complete at
least 3 contact hours from classes or workshops in one of the following subjects:
(1) Disease transmission;
(2) Bloodborne pathogens;
(3) Universal precautions;
(4) Sanitary tattoo practice; or
(5) Sterilization and aseptic techniques.
(c) At least 120 days prior to the expiration of a tattoo practitioners
license, the director shall send an application for renewal to the last
known address of the licensee.
(d) Failure to receive an application for renewal prior to the expiration
of the current license shall not remove the obligation by the tattoo
practitioner for timely submission of an application for renewal.
(e) In addition to the application required by He-P 1102.05(a), the
applicant for a tattoo practitioner license renewal shall also submit the following
documents:
(1) A statement, signed by a licensed physician, licensed advanced
registered nurse practitioner or licensed physician's assistant in accordance with He-P
1101(f);
(2) A list of the type of tattooing, including scarification or body
piercing he/she intends to perform;
(3) The address of the tattoo establishment in which they practice, or if
the tattoo establishment is a mobile establishment, the current location of the
mobile establishment in which they practice;
(4) Documentation in the form of a certificate of completion or other
form that he/she has completed 3 contact hours as described in He-P 1102.05 (b)
above; and
(5) The tattoo practitioner's fee as specified in RSA 314-A:2.
(f) If the application indicates the practitioner intends to practice
cosmetic tattooing he/she shall submit documentation in accordance with He-P
1102.01(d) and (e).
(g) In accordance with RSA 541-A:29, I within 60 days of receipt of the
application for tattoo practitioner license renewal, the director shall
notify the applicant if the application is complete or contains errors. If the
application is not complete or contains errors, the applicant shall be
notified in writing of the errors or omissions.
(h) In accordance with RSA 541-A:29, I, within 120 days of receipt of the
application for tattoo practitioner licensure renewal, the applicant shall
be notified if the licensing request has been approved.
(i) If the application is complete and is received prior to the
expiration of the current license, the application shall be approved and a new license
shall be issued. The license shall expire 12 months from the date of issue.
(j) If a completed application is received after the expiration date of
the current license renewal, procedures shall be in accordance with He-P
1102.09, relative to lapsed licenses.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
PART He-P 1105 INVESTIGATIONS
He-P 1105.01 Complaint Submission.
(a) Any individual may submit a complaint against:
(1) A licensed tattoo practitioner;
(2) A licensed establishment;
(3) An individual who is not licensed to perform tattooing, including
scarification or body piercing who is suspected of performing tattooing,
including scarification or body piercing; or
(4) An unlicensed establishment.
(b) All complaints shall be in writing.
(c) All complaints shall:
(1) Be sent to the director;
(2) Name the specific practitioner or establishment;
(3) State the specific alleged violation of law or rule;
(4) Include the date of the alleged violation;
(5) Be made within 180 days of the alleged violation; and
(6) Contain the complainant's name and either a telephone number or an
address where the complainant can be contacted.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
PART He-P 1103 TATTOO ESTABLISHMENT REQUIREMENTS
He-P 1103.02 Antiseptic Techniques and Procedures.
(a) Each tattooist shall cleanse his/her hands thoroughly with soap and
hot running water immediately before starting a tattoo, including scarification
or body piercing procedure on each client.
(b) Tattoo practitioners shall wear clean outer garments or lab coats to
perform any procedure.
(c) There shall be no smoking, eating, or drinking in the room by the
practitioner or customer during the conduct of tattoo, including
scarification or body piercing procedures.
(d) Single use surgical gloves shall be used by the tattoo practitioner
during any tattoo, including scarification or body piercing procedure.
(e) No practitioner shall knowingly perform any tattoo, including
scarification or body piercing procedure when suffering from any
communicable disease.
(f) When it is necessary to shave the area to be tattooed, a new,
disposable razor or blade for each client shall be used.
(g) Common shaving mugs and brushes shall be prohibited.
(h) The tattoo practitioner shall refuse to perform a procedure on any
client who shows signs of:
(1) Being intoxicated;
(2) Utilizing intravenous drugs; or
(3) Having open sores, oozing wounds, lesions or other skin conditions.
(i) The skin shall be prepared first by cleaning the area with an
antiseptic soap and warm water, or cleaned with soap and warm water. Following the
cleansing, a germicidal solution shall be applied to the area.
(j) Single use individual absorbent towels, tissues or pads shall be used
in preparing the site to be tattooed, scarified, or pierced.
(k) The stencil, unless composed of acetate, shall be used for a single
tattooing procedure only. If acetate stencils are used, they shall be washed
and disinfected between uses.
(l) A set of individual, sterilized tattoo needles shall be used for each
new client.
(m) Single service or individual containers of pigments shall be used for
each client and any remaining pigments in the container following the
procedure shall be discarded.
(n) Used needles shall be placed in an appropriate infectious waste
sharps container.
(o) Disposal of infectious waste sharps shall be in accordance with
Env-Wm 2604.
(p) Disposal of potentially hazardous or hazardous substances shall be in
accordance with Env-Wm 500.
(q) Excess pigments shall be removed with individual single use absorbent
towels, tissues or pads or cotton only.
(r) Petrolatum or antiseptic ointment such as A & D ointment may be used
on the fresh tattoo.
(s) Petrolatum or antiseptic ointment shall be removed from the container
using a single use sterile stick.
(t) If dispensing petrolatum or antiseptic ointment from a tube, the
mouth of the tube shall not touch the client's skin.
(u) The tattooed, including the scarified or pierced area, if covered,
shall be covered with a piece of sterile non-stick gauze or cotton prior to
covering with tissue or other materials which can be fastened with adhesive tape.
(v) Needle bars, tubes and grips shall be cleaned by use of an ultrasonic
cleaner prior to sterilization.
(w) Immersion time in the ultrasonic cleaner for all equipment shall be
for a minimum of 5 minutes.
(x) If an ultrasonic cleaner is not available, needle bars, tubes and
grips shall be soaked 24 hours in a solution of glutaraldehyde prepared in
accordance with the manufacturers recommendations.
(y) Ultrasonic cleaning tank detergent shall be changed each day of use.
(z) Instruments used in tattooing such as tattoo needle bars, grips and
tubes shall be individually packaged and sterilized in an autoclave before use on
each client.
(aa) Autoclave times and pressures shall be in accordance with the
manufacturer's recommendation but shall not be less than the equivalent of
250.7 degrees Fahrenheit or 121.5 degrees Celsius under a pressure of 15 pounds
per square inch for 55 minutes.
(ab) Sterilization indicators such as autoclave indicator tapes which
change color when the appropriate temperature and pressure are reached shall be
used on each run.
(ac) Autoclaves shall be maintained in accordance with manufacturer's
recommendations. A record of all maintenance shall be kept for 2 years. Such
records shall include the date and type of maintenance activity and shall be
made available to the division upon request.
(ad) If the autoclave indicator tape does not indicate sterility, the
materials shall be re-autoclaved utilizing a new autoclave indicator tape
until satisfactory sterilization is indicated by the indicator tape.
(ae) The sterilizing date shall be noted on each instrument pack. Sterile
instruments shall be used within 30 days or shall be repackaged and
re-sterilized.
(af) Spore testing, a test utilizing heat resistant bacterial spores
which are subsequently sent to a laboratory for testing shall be conducted
quarterly and a record maintained of the results of the spore tests.
(ag) After completion of the procedure, all individual use items shall be
disposed of and the area cleaned with a disinfectant solution prepared in
accordance with the manufacturer's recommendation.
(ah) Prior to being sterilized, instruments shall not be coated with:
(1) Petrolatum;
(2) Lubricating jelly;
(3) Glycerine;
(4) Oil; or
(5) Grease.
(ai) Not withstanding (ah) above, carbon based needles may be covered
with a light coating of oil.
(aj) Motors or frames shall be damp-wiped with:
(1) 70% alcohol; or
(2) Another disinfectant such as:
a. A 1.5% solution of carbolic acid; or
b. Activated glutaraldehyde solutions such as Cidex; or
c. Covered with clear plastic coverings which shall be changed between
each client.
(ak) All piercing needles, tapers, jewelry, and other equipment that
penetrates the skin used in the body piercing process shall be sterilized as
described in He-P 1103.02 (aa).
(al) Jewelry inserted into a new piercing shall be composed of:
(1) Gold;
(2) Surgical stainless steel;
(3) Platinum;
(4) Titanium;
(5) Monofiliments such as surgical thread; or
(6) Niobium, an alloy formed from oxides in the stainless steel
production process.
(am) Equipment used in scarification procedures shall be sterilized as
described in He-P 1103.02 (aa).
(an) All piercing needles shall be single use and shall be disposed of in
an appropriate infectious waste sharps container in accordance with Env-Wm
2604.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1101.28 "Tattoo establishment" Defined.
"Tattoo establishment" means a room or enclosed space in which the
business of tattooing, scarification or body piercing is conducted.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1101.24 "Scarification" Defined.
"Scarification" means a type of tattooing as defined in RSA 314-A:1, III
which produces scars on the body instead of utilizing pigment to implant a
lasting pattern in the skin.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1103.04 Guest Artists.
(a) Any tattoo establishment wishing to have a guest tattoo artist
perform any procedure at the establishment shall ensure that the guest artist is
licensed as a tattoo practitioner in New Hampshire prior to him/her
performing tattooing, including scarification or body piercing procedures.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1104.01 Physical Environment.
(a) Mobile tattoo establishments shall meet the same physical environment
requirements as a permanent tattoo establishment as described in He-P
1103.01.
(b) Antiseptic techniques and procedures shall be those described in He-P
1103.02.
(c) Tents, tent trailers or open air tattooing, including scarification
or body piercing shall not be allowed.
(d) Mobile tattoo establishments located in a trailer or other motor
vehicle shall prominently display their license number by painting or otherwise
applying the number to the outside of the vehicle visible to persons passing by the
location.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
He-P 1102.03 Licenses for Mobile Tattoo Establishments.
(a) Mobile tattoo establishments shall submit:
(1) The material required under:
a. He-P 1102.02(a);
b. He-P 1102.02 (b);
c. He-P 1102.02(c);
d. He-P 1102.02(d); and
e. He-P 1102.02(e); and
(2) The following additional information:
a. The proposed locations of the mobile establishment; and
b. The time period not to exceed 90 days in each location in which the
mobile establishment shall be utilized to perform tattooing, scarification or body
piercing.
(b) If the mobile tattoo establishment is located in a trailer, or
recreational vehicle, the owner shall arrange for inspection to occur in the
parking lot of the health and human services building on a mutually
acceptable date within 90 days from the date the division received the completed
application.
STATUTORY AUTHORITY: RSA 314-A:3
Effective Date: # 6080, eff 8/19/95, exp 8/19/03
08/16/00 Compilation
