NDAC 33-41-01-03
Body art operator requirements
Cite as N.D. Admin. Code ยง 33-41-01-03
1.
The following information shall be kept on file on the premises of a body art establishment and
available for inspection by the department:
a.
Employee information:
(1)
Full names and exact duties;
(2)
Date of birth;
(3)
Gender;
(4)
Home address;
(5)
Home and work telephone numbers; and
(6)
Identification photos of all body art operator/technicians.
b.
Establishment information:
(1)
Establishment name;
(2)
Hours of operation; and
(3)
Owner's name and address.
c.
A complete description of all body art procedures performed.
d.
An inventory of all instruments and body jewelry, all sharps, and all inks used for any and
all body art procedures, including names of manufacturers and serial or lot numbers, if
applicable. Invoices or orders shall satisfy this requirement.
e.
A copy of these regulations.
2.
The body art operator must be a minimum of eighteen years of age.
3.
Smoking, eating, or drinking is prohibited in the area where body art is performed.
4.
Operators shall refuse service to any person who, in the opinion of the operator, is under the
influence of alcohol or drugs.
5.
The operator shall maintain a high degree of personal cleanliness, conform to hygienic
practices, and wear clean clothes when performing body art procedures. Before performing
body art procedures, operators must thoroughly wash their hands in hot running water with
liquid soap, then rinse hands and dry with disposable paper towels. This shall be done as
often as necessary to remove contaminants.
6.
In performing body art procedures, the operator shall wear disposable medical gloves. Gloves
must be changed if they become contaminated by contact with any nonclean surfaces or
objects or by contact with a third person. The gloves shall be discarded, at a minimum, after
the completion of each procedure on an individual client, and hands shall be washed before
the next set of gloves is donned. Under no circumstances shall a single pair or gloves be used
on more than one person. The use of disposable medical gloves does not preclude or
substitute for handwashing procedures as part of a good personnel hygiene program.
7.
If, while performing a body art procedure, the operator's glove is pierced or torn, or otherwise
contaminated, the procedure delineated in subsection 6 shall be repeated immediately. The
contaminated gloves shall be immediately discarded, and the hands washed thoroughly as
described in subsection 6 before a fresh pair of gloves is applied. Any item or instrument used
for body art that is contaminated during the procedure shall be discarded, and replaced
immediately with a new disposable item or a new sterilized instrument or item before the
procedure resumes.
8.
Contaminated waste that may release liquid blood or body fluids when compressed or may
release dried blood or body fluids when handled must be placed in an approved red bag
marked with the international biohazard symbol. It must then be disposed of by a waste hauler
approved by the department or, at a minimum, in compliance with 29 CFR part 1910.1030,
"occupational exposure to bloodborne pathogens". Sharps ready for disposal shall be
disposed of in approved sharps containers. Contaminated waste that does not release liquid
blood or body fluids when compressed or does not release dried blood or body fluids when
handled may be placed in a covered receptacle and disposed of through normal, approved
disposal methods. Storage of contaminated waste onsite shall not exceed the period specified
by the department or more than a maximum of thirty days, as specified in 29 CFR part
1910.1030, whichever is less.
9.
No person shall perform any body art procedure upon a person under the age of eighteen
years without the presence, written consent, and proper identification of a parent, legal
custodial parent, or legal guardian. Nothing in this section is intended to require an operator to
perform any body art procedure on a person under eighteen years of age with parental or
guardian consent.
10.
Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible
infection.
11.
The skin of the operator shall be free of rash or infection. No person or operator affected with
boils, infected wounds, open sores, abrasions, keloids, weeping dermatological lesions, or
acute respiratory infection shall work in any area of a body art establishment in any capacity in
which there is a likelihood that the person could contaminate body art equipment, supplies, or
working surfaces with body substances or pathogenic organisms.
12.
The operator shall be vacinnated against the hepatitis B virus. The operator is responsible for
ensuring that all individuals working at the operator's establishment initiate the hepatitis B
vaccination series within thirty days of starting work unless the individuals have previously
received the complete hepatitis B vaccination series and can provide documentation to the
department, antibody testing has revealed that the individual is immune, or the vaccine is
contraindicated for medical reasons.
13.
The operator shall be certified in cardiopulmonary resuscitation.