Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.112 - BODY ART AND COSMETICS › Subchapter 37.112.1 - Tattoo Parlors › Rule 37.112.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Aftercare instructions" means verbal and
				written instructions that the client should follow to prevent infection and
				promote healing of the skin after receiving a tattoo or body
				piercing.
(2) "Antiseptic" means a
				substance applied to the skin that kills or inhibits the growth of
				disease-causing microorganisms.
(3)
				"Artist" means a tattooist or body piercer.
(4) "Aseptic technique" means a procedure
				that prevents contamination of any object or person.
(5) "Body modification" is the intentional
				altering of the human body for any nonmedical reason.
(6) "Body piercer" means a person who engages
				in the practice of piercing as defined in
				50-48-102,
				MCA.
(7) "Body piercing
				establishment" means any room, space, shop, or salon, including a temporary or
				mobile facility, where body piercing is practiced.
(8) "Cleaning room" means the room used to
				sterilize instruments and jewelry with an autoclave.
(9) "Client" means the person whose skin will
				be tattooed or pierced.
(10)
				"Contaminated" means the probable presence of disease-causing
				microorganisms.
(11) "Department"
				means the Department of Public Health and Human Services.
(12) "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.
(13)
				"Ear lobe piercing" means the puncturing of the ear lobe, but not the ear
				cartilage, to create a permanent hole for cosmetic purposes.
(14) "Easily cleanable" means a
				characteristic of a surface that allows effective removal of soil by normal
				cleaning methods.
(15) "Equipment"
				means all machinery, including fixtures, containers, vessels, instruments,
				tools, devices, implements, furniture, display and storage areas, sinks, and
				all other apparatus and appurtenances used in connection with the operation of
				an establishment.
(16) "Implant"
				means any transdermal or subdermal object that is embedded into a person's
				body. Implants do not include microdermal anchors or two-point
				piercings.
(17) "Infectious waste"
				means the definition found in
				75-10-1003,
				MCA.
(18) "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 is placed.
(19) "Instrument" means hand piece, needle,
				and any other tool that may come in contact with a client's body or be exposed
				to blood or body fluids during a tattooing or body piercing
				procedure.
(20) "Jewelry" means any
				ornament designed for insertion into a pierced area of a client.
(21) "Microdermal anchor" means a piece of
				jewelry defined in ARM
				37.112.103(16) 
				used for single-point piercings that has a foot no larger than 8mm in
				length.
(22) "Mobile establishment"
				means a facility where tattooing or body piercing or both is conducted,
				utilizing a wheeled vehicle for movement from place to place.
(23) "Operator" means any owner of an
				establishment or any person who is responsible for the establishment as well as
				the other artists working at the establishment, for the purpose of meeting the
				requirements of this chapter.
(24)
				"Permanent cosmetics", also known as permanent makeup or micropigmentation,
				means tattooing any part of the face for cosmetic purposes.
(25) "Physician" means a person licensed to
				practice medicine in Montana by the Montana Board of Medical Examiners under
				the Department of Labor and Industry.
(26) "Sanitization" means the effective
				treatment of surfaces of inanimate objects by a product registered by the EPA
				that provides a sufficient concentration of chemicals and enough time to reduce
				the bacterial count, including pathogens, to a safe level.
(27) "Sharps" means any discarded instrument
				or article that may be contaminated with blood or other bodily fluid and may
				cause punctures or cuts, including but not limited to needles, scalpel blades,
				uncovered razors, and broken glass. A disposable shaving razor with protective
				cap in place is not considered a sharp.
(28) "Single-point piercing" means a piercing
				that creates a hole in the skin that acts as both the entry and exit for a
				microdermal or transdermal anchor.
(29) "Single-use" means items that are
				intended to be used once then discarded.
(30) "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.
(31) "Subdermal
				object" means an item that is being, living, used, or made under the
				skin.
(32) "Tattoo establishment"
				means any room, space, shop, or salon, including a temporary or mobile
				facility, where tattooing is practiced.
(33) "Tattooist" means a person who engages
				in the practice of tattooing as defined in
				50-48-102,
				MCA.
(34) "Temporary establishment"
				means a facility where either tattooing or body piercing or both are conducted
				for not more than 14 days at one location in a calendar year.
(35) "Transdermal anchor" means a piece of
				jewelry defined under ARM
				37.112.103(16) 
				used for single-point piercings that has a foot larger than 8mm in
				length.
(36) "Transdermal object"
				means an item that is passed, entered, or made by penetration through the skin.
				Transdermal objects do not include microdermal anchors.
(37) "Two-point piercing" means a piercing
				that punctures the skin creating a distinct entry and exit point.
(38) "Universal precautions" means the
				current set of guidelines and controls published by the U.S. Centers for
				Disease Control and Prevention that includes specific recommendations for the
				use of protective equipment such as gloves, masks, or protective eye wear
				whenever contact with blood or body fluids containing blood is
				anticipated.
(39) "Work room" means
				a designated room or area in which either tattooing or body piercing takes
				place.
50-48-103,
					 MCA; IMP,
					 50-48-102,
					 50-48-103,
					 MCA;