Temporary Establishment License

PURPOSE: This rule outlines the requirement that must be met when applying for a temporary tattoo, body piercing, or branding establishment. (1) Issuance of Temporary Establishment License. (A) The division may issue a temporary establishment license for a specified event to any tattoo, body piercing, and/or branding establishment upon successful completion of an inspection. A temporary establishment license shall be in effect for not more than fourteen (14) consecutive days and shall not be transferable to a different location. (B) The inspection of a temporary establishment shall be conducted by an inspector serving as a representative of the division and shall be conducted immediately prior to the beginning of the establishment’s operation. (C) An application for a temporary establishment license shall be notarized and submitted to the division at least thirty (30) days prior to the event. (D) No temporary establishment may be operated without a license granted by the division. No temporary establishment license may be issued without a prior inspection. (E) A temporary establishment license shall be conspicuously displayed for the public’s view in the temporary establishment. (2) Operator of a Temporary Establishment. (A) The operator of a temporary establishment shall— 1. Hold a current license in the state of Missouri or in another state and be at least eighteen (18) years old; 2. Submit a notarized application with the required temporary establishment fee; 3. Provide the division with a list of all practitioners who will be working at the temporary establishment. Such a list shall set forth each practitioner’s current license number and the status of his or her license; 4. Only employ or allow licensed practitioners and registered apprentices to perform tattooing, body piercing, and/or branding procedures on the premises of the licensed establishment; 5. Ensure that each practitioner employed or practicing at the licensed establishment engages in the safe and sanitary practice of tattooing, body piercing, and/or branding including but not limited to the use of universal precautions and proper hygiene; 6. Conspicuously display for the public in the establishment the license issued by the division for the establishment and the license of each practitioner working in the establishment. A photograph of each practitioner shall be in close proximity to the license for that individual. The photograph shall measure approximately two inches by two inches (2" × 2") and shall have been taken within the last two (2) years; 7. Be responsible for maintaining client records for a minimum of two (2) years. If a tattoo requires more than one (1) visit to be completed, client records shall be maintained for two (2) years following the completion of the work; 8. Maintain all equipment used to perform tattooing, body piercing, and branding procedures in a safe and sanitary condition; 9. Provide for the removal of biohazardous waste, garbage, and refuse in a safe and sanitary manner; 10. Provide for the safe storage and removal of flammable materials; and 11. Be responsible for all practitioners. (3) Facility. (A) Each temporary establishment shall be equipped with— 1. An approved toilet and handwashing facility; 2. Potable water under pressure; 3. Hot or tempered water for handwashing and cleaning; 4. Connection to an approved sewage collection system; 5. Properly sterilized instruments and evidence of a spore test performed on sterilization equipment thirty (30) days or less prior to the date of the event must be provided; or single-use prepackaged, sterilized equipment obtained from reputable suppliers or manufacturers allowed; 6. Floors of the facility, which shall be smooth and impervious or be covered with an impermeable barrier; 7. A panel or other barrier of sufficient height and width to effectively separate a patron on whom a procedure is being performed from observers or waiting patrons, which shall be in place or readily available at the patron’s request. A panel or barrier shall be in place or readily available and must be used during any tattooing, body piercing, or branding of the genital area; and 8. Easily cleanable waste containers with non-absorbent, durable plastic liners, which shall be used for disposal of all tissue, towels, gauze pads, and other similar items used on patrons. Infectious waste, including, but not limited to, sharps waste, shall be placed in a properly marked biohazard bag or sharps container and disposed of by an approved biohazardous waste company. All items which are single use and are not considered sharps waste that come in contact with body fluids must be placed in a biohazard container and disposed of by an approved biohazardous waste company. (B) Each temporary establishment shall be constructed according to the following specification: 1. Each temporary facility shall be restricted to a stationary physical location, such as inside a permanent building. (C) No animals, except for those providing services to persons with disabilities, are permitted in a tattoo, body piercing, and/or branding establishment. AUTHORITY: sections 324.522 and 324.526, RSMo 2016.* This rule originally filed as 4 CSR 267-4.010. Original rule filed Aug. 15, 2002, effective Feb. 28, 2003. Moved to 20 CSR 2267-4.010, effective Aug. 28, 2006. Amended: Filed Sept. 13, 2019, effective March 30, 2020. *Original authority: 324.522, RSMo 1998, amended 1999, 2001, 2007 and 324.526, RSMo 2004, 2008.