reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1219 - PEST AND WEED CONTROL

Current through Register Vol. 13, July 5, 2024
(1) Buildings and
				other structures must be maintained to be kept free of harborage for, and
				infestations of, pests and wildlife.
(2) Any extermination or control measures
				involving insecticides, rodenticides, or herbicides must strictly conform to
				the manufacturer's application instructions, and not be used within 100 feet of
				a drinking water well.
(3) The
				growth of brush, weeds, grass, and other plants must be controlled within the
				establishment to eliminate harborage of pests.
(4) The growth of ragweed, poison ivy, poison
				oak, poison sumac, and other similarly noxious plants must be controlled within
				the area of the establishment frequented by occupants.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1220 - FIRE PROTECTION AND HAZARDOUS SUBSTANCES

Current through Register Vol. 13, July 5, 2024
(1) Facilities shall be kept free of litter,
				rubbish, and other flammable materials.
(2) Chemicals, flammables, and other
				hazardous substances shall be used for their intended purpose and according to
				the manufacturer's directions stated on the container label.
(3) Chemicals and other hazardous substances
				shall be stored according to the manufacturer's directions in their original,
				covered, and labeled containers in a separate, secure area accessible only by
				appropriate employees.
(4)
				Flammable materials shall be stored in a well-ventilated structure, separate
				from areas occupied by campers and employees.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1223 - REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) All campgrounds, youth camps, and work
				camps shall maintain a camp register that contains the names, home addresses,
				and phone numbers of the occupants.
(2) A youth camp shall maintain a camp
				register that also contains names and phone numbers of persons to notify in
				case of an emergency for employees and campers.
(3) Outside groups that rent a campground or
				youth camp must maintain a list of attendees to be made available upon request
				to the regulatory authority for purposes of investigation of communicable
				disease or other conditions of public health importance.
(4) Registers shall be retained for a minimum
				of two years.
(5) Registers shall
				be made available to the regulatory authority upon request.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1224 - SPECIAL EVENT CAMPGROUNDS

Current through Register Vol. 13, July 5, 2024
(1) A special event
				campground may be licensed by the local regulatory authority for a single event
				that takes place at a single venue for 14 days or less.
(2) The operator of a special event
				campground must submit a complete plan review application to the regulatory
				authority at least 30 days prior to opening and must receive approval from the
				regulatory authority before opening.
(3) The application must include a site plan
				showing:
(a) the area that will be used for
				camping;
(b) the location of the
				event;
(c) an estimate of the
				number of people to be accommodated;
(d) the maximum number of people that can be
				accommodated;
(e) the number of
				toilets, handwashing, and bathing facilities to be provided and plans for
				servicing and maintenance;
(f) the
				water supply source and distribution method; and
(g) the method of handling solid and liquid
				waste.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1225 - FOOD SERVICE

Current through Register Vol. 13, July 5, 2024
(1) An
				establishment preparing or serving food that meets the definition of a "retail
				food establishment" under
				50-50-102,
				MCA, must obtain a separate retail food license. An establishment as defined in
				50-51-102,
				MCA, that is licensed as a public accommodation may serve food to registered
				guests and day visitors without obtaining a retail food license pursuant to
				50-50-102(21)(c)(xii),
				MCA.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1226 - LICENSURE

Current through Register Vol. 13, July 5, 2024
(1) The local regulatory authority shall
				perform a pre-licensing inspection prior to submitting a complete license
				application with the appropriate fee found in
				50-52-202,
				MCA.
(2) A licensee shall give
				notice in writing to the local regulatory authority at least 30 days prior to
				selling, transferring, giving away, or otherwise disposing of interest in or
				control of the establishment. The notice must include the name and address of
				the person assuming ownership or control of the establishment. The new owner
				must contact the local regulatory authority to obtain a new license. At the
				regulatory authority's discretion, a plan review may be required as part of the
				change of ownership.
(3) Licenses
				are not transferrable.
(4) The
				license must be posted on the premises at a location approved by the local
				regulatory authority.
(5) The
				licensee or manager of an establishment may not accept or offer camping units,
				shelter units, or mobile homes in excess of the number and types approved under
				the license.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 50-52-202,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1227 - YOUTH CAMPS

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the other requirements of this subchapter, the operator of a youth camp must:
(a) ensure that the site is as free as
				reasonably possible of objects or conditions which are hazardous to
				humans;
(b) post a warning of
				potential natural hazards and otherwise inform each camper of the danger;
				and
(c) ensure that each facility
				and item of equipment used in camp programs are of sufficient quality and
				properly maintained.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1228 - WORK CAMPS

Current through Register Vol. 13, July 5, 2024
(1) Whenever
				operation of a work camp is permanently discontinued, all septic tanks, privy
				vaults, and cisterns must be removed or emptied and subsequently filled with
				solid materials.
AUTH:
					 50-52-102,
					 MCA; IMP:
					 50-52-102,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1231 - VARIANCES

Current through Register Vol. 13, July 5, 2024
(1) The regulatory authority may grant a
				variance to a requirement of this subchapter if, in the opinion of the
				regulatory authority, a health hazard or nuisance will not result from the
				variance.
(2) To apply for a
				variance, the applicant must submit the following information:
(a) a statement as to why the applicant is
				unable to comply with the rule to which the variance is requested;
(b) the nature and duration of the variance
				requested;
(c) a statement of how
				the intent of the rule will be met and the reasons why the public health or
				safety would not be jeopardized if the variance is granted; and
(d) other information deemed necessary by the
				regulatory authority to establish that a health hazard or nuisance will not
				result from granting the variance.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1232 - INSPECTIONS AND COMPLIANCE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				In accordance with
				50-52-303,
				MCA, a licensee shall allow the local regulatory authority to perform
				inspections at reasonable hours for determining compliance with this
				subchapter.
(2) Whenever an
				inspection is made to determine compliance with this subchapter, the findings
				must be recorded on an inspection form approved by the department. Within 15
				days after each inspection, the local regulatory authority shall give the owner
				or operator a copy of the inspection report.
(3) If the regulatory authority determines
				that one or more violations exist, the inspection form must designate the
				administrative rule(s) that have been violated, the observed basis of the
				violations(s), any required corrective action, and the date by which the
				correction must be implemented.
(4)
				If plans for correction are required, the licensee shall submit necessary plans
				to the local regulatory authority that include a proposed time schedule for
				corrective measures. The time schedule and plans, if approved, shall become
				conditions of licensure.
AUTH:
					 50-52-102,
					 50-52-301,
					 MCA; IMP:
					 50-52-102,
					 50-52-103,
					 50-52-301,
					 50-52-303,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.111 - PUBLIC ACCOMMODATIONS › Subchapter 37.111.12 - Reserved › Rule 37.111.1233 - PERFORMANCE REQUIREMENTS FOR LOCAL REGULATORY AUTHORITIES

Current through Register Vol. 13, July 5, 2024
In addition to the requirements of
				  50-52-301,
				  MCA, the following performance requirements apply to the local board of
				  health:
(1) for a local board of
				health to qualify for reimbursement under
				50-52-302,
				MCA, the local regulatory authority shall:
(a) use inspection forms approved by the
				department;
(b) update the
				department's inspection database quarterly;
(c) inspect each establishment within its
				jurisdiction at least once per license year, or as otherwise agreed upon in a
				cooperative agreement;
(d) provide
				copies of program documentation, including inspection reports, plans of
				correction, and enforcement actions when requested by the department;
				and
(e) keep all documentation
				related to an establishment for five years from the date of its creation,
				unless required to be kept longer by another part of this rule. Plan reviews
				must be retained for five years after establishment closure.
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 37.112.101 - TATTOOING: DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.102 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The rules in this chapter pertain to
				tattooing and body piercing establishments under Title 50, chapter 48, MCA,
				that are licensed by the Montana Department of Public Health and Human
				Services. Unless otherwise specified by the rules of the local health
				authority, the rules in this chapter do not apply to tattooing and body
				piercing establishments that are licensed solely by local boards of health
				pursuant to
				50-48-203,
				MCA.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 50-48-203,
					 MCA;
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 37.112.105 - TATTOOING: TATTOO SHOP REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.106 - TATTOOING: WORK ROOM REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.107 - TATTOOING: UTENSILS AND SUPPLIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.108 - GENERAL FACILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Work
				rooms, cleaning rooms, restrooms, handwashing facilities, waiting areas, and
				all establishment areas to which clients have access must be kept clean and
				free of garbage, litter, unnecessary articles, dust, dirt, and sources of
				airborne dust or fumes.
(2) Utility
				rooms, storage rooms, and all other auxiliary rooms separated from other areas
				of the establishment by closed doors must be in good repair and cleaned as
				often as necessary to prevent insect or rodent harborage, airborne dust,
				airborne hazardous chemicals, or other contaminants.
(3) All rooms in the establishment must be
				provided with an artificial light source equivalent to 20 foot-candles of light
				three feet off the floor, except as required for work rooms in ARM
				37.112.117(5).
(4) An establishment may not be operated in
				any room or area used as living or sleeping quarters. An establishment must be
				separated from any living or sleeping quarters by solid self-closing
				doors.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;
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 37.112.109 - WATER SUPPLY

Current through Register Vol. 13, July 5, 2024
(1) An adequate and
				potable supply of water must be provided.
(2) A nonpublic water supply system must meet
				the requirements of Food and Consumer Safety (FCS) Circular 1-2012 when:
(a) the water supply is constructed after the
				effective date of this rule;
(b)
				modifications are made to the water system; or
(c) the local health authority determines
				compliance with FCS circular 1-2012 is necessary to meet the requirements of
				this subchapter.
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 37.112.112 - TATTOOING: HEPATITIS B VACCINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.113 - TATTOOING: STERILIZATION REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.114 - TATTOOING: ULTRASONIC CLEANING UNIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.115 - SEWAGE SYSTEM AND SOLID WASTE

Current through Register Vol. 13, July 5, 2024
(1) An adequate
				and safe wastewater system must be provided for conveying, treating, and
				disposing of all sewage. Immediate measures must be taken to alleviate health
				and sanitation hazards caused by wastewater at the establishment when they
				occur.
(2) All sewage, including
				liquid waste, must be disposed of by a public sewage system approved by the
				Montana Department of Environmental Quality or by a sewage treatment and
				disposal system constructed and operated in accordance to applicable state and
				local laws. Nonwater-carried sewage disposal facilities are prohibited, except
				as permitted by ARM
				37.112.121 for temporary or mobile
				establishments.
(3) A wastewater
				system has failed and requires replacement or repair if any of the following
				conditions occur:
(a) the system fails to
				accept, treat, or dispose of wastewater as designed;
(b) effluent from the wastewater system
				contaminates a potable water supply or state waters; or
(c) the wastewater system is subjected to
				mechanical failure, including electrical outage, or collapse or breakage of a
				septic tank, lead line, or drainfield line.
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 37.112.116 - TOILETS AND HANDWASHING FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each
				establishment must have a toilet and handwashing facility conveniently
				available to clients and artists during all hours of operation.
(2) The toilet room must be located within
				200 feet by a normal pedestrian route of the work room and not more than one
				floor-to-floor flight of stairs.
(3) The toilet room must be ventilated, well
				lit, equipped with a door, toilet tissue, and waste receptacle.
(4) Floors, walls, and ceilings of the toilet
				room must be in good repair and in clean condition.
(5) Equipment and supplies used for either
				tattooing or body piercing or both must not be stored or used within the toilet
				room.
(6) The handwashing facility
				must be located either within the toilet room or within ten feet of the toilet
				room door.
(7) The handwashing sink
				must be provided with hot and cold running water by means of a mixing valve or
				combination faucet, except as provided in ARM
				37.112.121(2) for
				temporary or mobile establishments.
(8) Any self-dispensing, slow-closing, or
				metering faucet used must be designed to provide a flow of water for at least
				20 seconds without the need to reactivate the faucet.
(9) Steam mixing valves are
				prohibited.
(10) Soap must be
				conveniently located to the handwashing sink.
(11) Each handwashing sink must be provided
				with individual, disposable towels that are kept clean for drying hands and a
				waste receptacle.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;
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 37.112.117 - WORK ROOM REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All tattooing
				and body piercing procedures must take place in the work room only.
(2) The work room must be separated by a
				barrier from the waiting area. The room does not need to have complete physical
				separation, but it must be segregated by counters, self-closing doors, or other
				barriers so that clients or other employees may not enter the work room unless
				they open the barrier to gain access.
(3) The work room may not be used as a
				corridor for access to other rooms.
(4) Animals are not allowed in the work room,
				except for patrol dogs accompanying security or police officers and service
				animals such as guide dogs.
(5) The
				work room must have a minimum of 50 foot-candles of light measured at the level
				where the procedure is implemented. Spot lighting may be used to achieve this
				degree of illumination.
(6) The
				work room must have adequate ventilation.
(7) Openings to the outside must be protected
				by such means as self-closing doors, screened or closed windows, or air
				currents to protect against the entrance of insects, rodents, or other animals.
				Screening material must not be less than 16 mesh to the inch.
(8) The work rooms must have a handwashing
				facility unless there is a handwashing facility outside the work room within
				ten feet of the work room door.
(a) If the
				handwashing facility is outside the work room, the work room door must be a
				two-way self-closing door.
(b) The
				handwashing facility cannot be in the same room as the toilet.
(c) If controls for wrist or foot activation
				are not available, single service towels must be used for turning controls off
				after washing hands.
(d) The
				handwashing sink must be sanitized at least once each day while the
				establishment is in operation.
(e)
				The handwashing sink must be provided with hot and cold running water by means
				of a mixing valve or combination faucet, except as provided in ARM
				37.112.121(2) 
				regarding temporary or mobile establishments.
(f) Any self-dispensing, slow-closing, or
				metering faucet used must be designed to provide a flow of water for at least
				20 seconds without the need to reactivate the faucet.
(g) Steam mixing valves are
				prohibited.
(h) Soap must be
				conveniently located near the handwashing sink.
(i) Individual, disposable towels must be
				conveniently located for drying hands.
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 37.112.120 - TATTOOING: SKIN PREPARATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.121 - TEMPORARY OR MOBILE ESTABLISHMENT

Current through Register Vol. 13, July 5, 2024
(1) A
				temporary or mobile establishment may be operated if:
(a) the operator submits to the department or
				its designee a written plan that demonstrates how the temporary or mobile
				establishment will meet the provisions of these rules, or will use alternatives
				that provide equivalent protection as provided by these rules; and
(b) the department or its designee issues
				written approval of the plan.
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 37.112.122 - TATTOOING: PATTERN TRANSFER (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.124 - TATTOOING: TATTOO APPLICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.125 - EQUIPMENT AND SUPPLIES

Current through Register Vol. 13, July 5, 2024
(1) Equipment,
				tools, and jewelry must be clean, in sound condition, and free of rust. Sharp
				instruments and tools must not be dull. Defective needles may not be
				used.
(2) Single-use or disposal
				items must be used only once.
(3)
				Gloves that come into contact with a client must be single-use nonlatex
				examination gloves designed for medical or clinical use.
(4) A durable tray must be maintained in the
				work room for the placement of used articles which require cleaning and
				autoclaving.
(5) Single-use needles
				must be disposed of in a sharps disposal container that meets the requirements
				in ARM 37.112.137.
(6) Work tables, counter tops, and client
				contact surfaces must be:
(a) constructed of
				material that is easily cleanable, smooth, nonabsorbent, and
				corrosion-resistant; and
(b)
				cleaned and sanitized with a disinfectant between clients.
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 37.112.126 - TATTOOING: AFTERCARE (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.128 - TATTOOING: COLORS, DYES AND PIGMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.129 - BLOOD-BORNE PATHOGEN EXPOSURE CONTROL

Current through Register Vol. 13, July 5, 2024
(1)
				An establishment operator employing at least one artist shall meet the
				applicable requirements of
				29 CFR
				1910.1030, which provides standards for
				blood-borne pathogen exposure control as promulgated by the U.S. Department of
				Labor, Occupational Safety and Health Administration. The department hereby
				adopts and incorporates by reference
				29 CFR
				1910.1030. Copies of
				29 CFR
				1910.1030 may be obtained by contacting the
				Montana Department of Public Health and Human Services, Public Health and
				Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box
				202951, Helena, MT 59620-2951.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;
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 37.112.130 - TATTOOING: HANDLING AND DISPOSAL OF INFECTIOUS MATERIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.131 - STERILIZATION OF EQUIPMENT AND JEWELRY

Current through Register Vol. 13, July 5, 2024
(1)
				All nondisposable instruments used for tattooing or body piercing that can come
				into contact with blood or body fluids must be individually wrapped and
				sterilized by an autoclave. All disposable instruments that come into contact
				with blood or body fluids must come from the supplier individually wrapped and
				sterile.
(2) All jewelry must be
				sterilized by one of the following methods:
(a) individually wrapped and autoclaved;
				or
(b) come from the supplier
				individually wrapped and sterile.
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 37.112.132 - CLEANING AND ULTRASONIC USE

Current through Register Vol. 13, July 5, 2024
(1) All
				nondisposable instruments used for tattooing and body piercing procedures must
				be cleaned thoroughly with an appropriate soap or detergent and rinsed
				completely with potable water.
(2)
				Each establishment must have at least a one-compartment sink with hot and cold
				running water for the cleaning of instruments. The sink must be of an adequate
				size to submerge the instruments being cleaned, except as provided in (3) of
				this rule.
(3) Establishments that
				use ultrasonic units with heating elements to clean their instruments are not
				required to have hot water at the cleaning sink, provided the heating elements
				can heat the cleaning solution and maintain the temperature according to the
				manufacturer's specifications.
(4)
				An ultrasonic cleaning unit must be used in accordance with the manufacturer's
				instructions. An ultrasonic cleaning unit does not satisfy the sterilization
				requirements in ARM
				37.112.131, with or without the
				addition of chemical sanitizers.
(5) Ultrasonic unit use, cleaning, dusting,
				or vacuuming is prohibited during times when clients are being tattooed or
				pierced.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;
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 37.112.133 - SKIN PREPARATION, ASEPTIC TECHNIQUE, AND AFTERCARE

Current through Register Vol. 13, July 5, 2024
(1) Aftercare instructions appropriate for
				the tattooing or body piercing procedure that describe effective means of
				infection prevention must be provided to the client both verbally and in
				writing before every procedure.
(2)
				At all times during the tattooing or body piercing procedure, artists must use
				sterile instruments as specified in ARM
				37.112.131 and aseptic
				techniques.
(3) Before and after
				performing the tattooing or body piercing procedure, artists must remove all
				rings and then thoroughly wash their hands, wrists, and lower arms in warm
				running water with soap for at least 20 seconds, scrubbing around and under
				their fingernails, rinsing completely, and drying with clean, individual,
				disposable towels.
(4) Artists must
				wear a clean outer garment. A hair restraint must be worn if necessary to
				prevent the artist's hair from contact with the client. All necklaces,
				bracelets, or other personal items of the artist either must be removed or
				covered by the outer garment or sterile gloves to prevent the item coming in
				contact with the client.
(5) If it
				is necessary to shave the client's skin area to be tattooed or pierced, the
				artist must use single-use razors. Straight razors, electric razors, and
				replaceable blade units may not be used. After shaving the client's skin, the
				artist must:
(a) wash and scrub the artist's
				hands as described in (3) of this rule; and
(b) wash and rinse the client's area of skin
				that was shaved.
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 37.112.135 - TATTOOING: CLIENT RECORD (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.136 - TATTOOING: CONSENT FORM (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.137 - HANDLING AND DISPOSAL OF INFECTIOUS MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) Waste that may have been contaminated
				with blood or body fluids must be separated from other waste and stored in a
				container with a biohazard warning label.
(2) An adequate supply of sharps containers
				must be maintained on the premises. A sharps container must:
(a) be leakproof, rigid, and strong enough to
				protect the handler and others from accidental cuts or puncture
				wounds;
(b) be closed or capped
				securely to prevent the loss of contents for disposal; and
(c) not be filled more than 3/4
				full.
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 37.112.140 - TATTOOING: RESTRICTIONS AND PROHIBITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.141 - RECORD KEEPING AND REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Client records,
				consent forms, autoclave sterilization test results, and any other records
				required by this chapter must be maintained on the establishment premises for a
				minimum of three years. The records must be:
(a) available for review and verification by
				the department or its designee; and
(b) typed or printed in ink.
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 37.112.142 - CLIENT RECORD

Current through Register Vol. 13, July 5, 2024
(1) The operator
				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
				37.112.144;
(b) the name of the artist who performed the
				tattooing or body piercing procedure;
(c) the address, telephone number, and name
				of the establishment;
(d) special
				instructions or information regarding the client's medical or skin conditions
				which are relevant to the tattooing or body piercing procedure; and
(e) a written physician referral if one is
				required by ARM
				37.112.158.
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 37.112.143 - TATTOOING: OPERATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.144 - CONSENT FORM

Current through Register Vol. 13, July 5, 2024
(1) The client must
				sign a consent form before each tattooing or body piercing procedure. If the
				client is under the age of 18, then the client's parent or legal guardian must
				sign the consent form, in person, before the procedure.
(2) The consent form must contain:
(a) the client's name and address, the date
				of the procedure, the design of the tattoo, if applicable, the location of the
				procedure on the client's body, and any other information that the artist may
				consider appropriate;
(b) a
				description of potential complications and side-effects, including abscesses,
				allergies, excessive bleeding (from body piercing), heavy metal poisoning,
				infection, keloid formation, muscle paralysis, nerve paralysis, scarring,
				swelling, blood-borne pathogens, tongue swelling, throat closure, and tooth
				fracture (from oral piercing).
(c)
				symptoms of infection such as fever, swelling, redness, or drainage;
(d) instructions to consult a licensed
				medical provider if symptoms of infection or other complications
				occur;
(e) the permanent nature of
				either tattoos or specific piercings or both; and
(f) a statement by the client that the
				client:
(i) has been provided with the
				aftercare instructions, both in writing and verbally by the artist;
				and
(ii) consents to the tattooing
				or body piercing procedure.
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 37.112.146 - TATTOOING: INSPECTION AND ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-1-202,
					 MCA; IMP,
					 50-1-202,
					 MCA;
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 37.112.147 - TRAINING

Current through Register Vol. 13, July 5, 2024
(1) Operators and artists must complete
				formal training in at least general sanitation, first aid, and universal
				precautions for preventing the transmission of blood-borne pathogens before
				licensure. Training may be provided by the department, its designee, or an
				organization approved by the department or its designee as having adequate
				content in each subject.
(2)
				Operators and artists must maintain current training certification with
				approved providers for first aid, and universal precautions for preventing the
				transmission of blood-borne pathogens and follow certifying organizations
				guidelines for expiration and renewal.
(3) Guest artists and new artists must
				complete formal training and provide the inspecting authority with
				documentation of this training prior to working in a licensed
				facility.
(4) Equivalent formal
				training that is not provided by the department or its designee may be
				permitted if the training contains the same subject matter requirements as
				specified in (1), and the department or its designee has approved the
				training.
(5) Each formal training
				course must provide written documentation to trainees indicating successful
				completion the course.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;
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 37.112.150 - LICENSE REQUIREMENT AND DISPLAY

Current through Register Vol. 13, July 5, 2024
(1) No
				person shall operate an establishment without a license issued by the
				department. Only a person who complies with the requirements of this chapter
				shall be entitled to receive or retain such a license. Licenses are not
				transferable.
(2) A valid license
				must be posted in every establishment in a conspicuous location.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 50-48-201,
					 MCA;
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 37.112.151 - LICENSE APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Any person
				desiring to operate an establishment shall submit an application for a license
				on forms provided by the department. The application must include the name and
				address of the applicant, and the location and type of the proposed
				establishment.
(2) The applicant of
				license and all artists working in the proposed establishment shall be at least
				18 years of age at the time of application.
(3) Prior to approval of an application for a
				license, the department or its designee will inspect the proposed establishment
				to determine compliance with the requirements of this chapter.
(4) The department will issue a license to
				the applicant if the applicant demonstrates that the proposed establishment
				complies with all applicable requirements of this chapter by plan review,
				inspection, and upon receipt of the license fee.
(5) Obtaining a license from the department
				does not relieve the applicant from satisfying applicable requirements from
				other federal, state, or local agencies. These requirements may include, but
				are not limited to:
(a) building code permits
				and inspections;
(b) fire and life
				safety inspections; and
(c) other
				business licenses.
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 37.112.152 - LICENSE FEE AND EXPIRATION

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), the license fee is $135.
(2) The license fee for establishments that
				only pierce ear lobes is $75.
(3)
				The license will expire annually on December 31 following the date of its
				issuance.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 50-48-201,
					 MCA;
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 37.112.153 - LICENSE DENIAL AND CANCELLATION

Current through Register Vol. 13, July 5, 2024
(1) A notice of
				license denial or cancellation, as provided for in
				50-48-205,
				MCA, is properly served when it is hand-delivered to the operator of the
				license or the person in charge, or when it is sent by registered or certified
				mail to the last known address of the operator.
(2) The hearing process provided in
				50-48-205,
				MCA, concerning license denial or cancellation, must be conducted by the
				department pursuant to Title 2, chapter 4, part 6, MCA, of the Montana
				Administrative Procedure Act regarding contested cases, and ARM
				37.5.117.
50-48-103,
					 MCA; IMP,
					 2-4-201,
					 2-4-631,
					 50-48-205,
					 MCA;
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 37.112.156 - REVIEW OF PLANS

Current through Register Vol. 13, July 5, 2024
(1) Whenever an
				initial license is applied for, the license applicant must submit properly
				prepared plans and specifications to the department or its designee for review
				and approval before construction, remodeling, or conversion begins.
(2) The plans and specifications must
				demonstrate how the establishment will meet the requirements of this rule,
				including the following:
(a) a layout of work
				rooms, waiting areas, auxiliary rooms, toilet rooms, handwashing facilities,
				doorways, stairways, fixed equipment, and facilities;
(b) specifications for any autoclave that may
				be used, including manufacturer and model number;
(c) copies of the client consent form and
				client record form; and
(d) copies
				of formal training documentation as described in ARM
				37.112.147.
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 37.112.157 - INSPECTION

Current through Register Vol. 13, July 5, 2024
(1) The department or its designee, after
				proper identification, must be permitted to enter any establishment at any
				reasonable time for the purpose of making inspections to determine compliance
				with this chapter and must be permitted to examine the records of the
				establishment pertaining to compliance with this chapter.
(2) The department or its designee shall
				conduct inspection of establishments at least once per year. Additional
				inspections of the establishment may be performed as often as necessary for the
				enforcement of this chapter. The department will charge a follow-up fee for a
				third or subsequent inspection if a violation of this chapter is not corrected
				by the end of the second visit to the establishment. The follow-up fee is
				$150.
(3) Whenever an inspection of
				an establishment is made, the department or its designee will document its
				findings on an inspection form. A copy of the completed inspection report form
				will be given to the person in charge of the establishment within ten days of
				the inspection.
(a) Correction of the
				violations that the department or its designee finds must be accomplished
				within the period specified on the inspection form.
(b) Failure to comply with any time limits
				for corrections of critical item violations may result in cessation of
				establishment operations.
(c) The
				completed inspection report form is a public document that must be made
				available for public review or distribution upon payment of reasonable copying
				costs.
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 37.112.158 - RESTRICTIONS AND PROHIBITIONS

Current through Register Vol. 13, July 5, 2024
(1) A tattooing
				or body piercing procedure may not occur if:
(a) either the artist or the client is under
				the apparent influence of alcohol or other mind-altering drugs;
(b) the client has not signed the consent
				form required by ARM
				37.112.144; or
(c) the client is under the age of 18,
				without the explicit in-person consent of the client's parent or legal guardian
				as provided in
				45-5-623,
				MCA.
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 37.112.159 - VARIANCE

Current through Register Vol. 13, July 5, 2024
(1) A licensee may request a variance to
				waive or modify compliance with the health requirements of this subchapter by
				petitioning the department. An application for a variance must contain:
(a) a statement of the proposed variance from
				the chapter's requirements, citing the relevant rule numbers; and
(b) a rationale explaining how the potential
				public health hazards addressed by the relevant rules will be alternatively
				addressed by the proposal.
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 37.112.162 - TATTOOING: PATTERN TRANSFER

Current through Register Vol. 13, July 5, 2024
(1) If the
				method of pattern transfer involves a reusable plastic or acetate stencil, the
				stencil must be cleaned and sanitized immediately prior to the
				application.
(2) An adherent or
				emollient applied to facilitate a pattern transfer, or to cover a pattern after
				transfer, must be from a single-use container or must be extracted from a
				supply container in a manner to prevent contamination of the adherent or
				emollient supply.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;
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 37.112.163 - TATTOOING: COLORS, DYES, AND PIGMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Each tattooist shall use colors, dyes, and pigments from reputable suppliers,
				designed for tattooing, stored in appropriate clean and sterile containers, and
				labeled with the manufacturer name and lot number.
(2) Pigments mixed or prepared in the tattoo
				establishment 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,
				Public Health and Safety Division, Food and Consumer Safety Section, 1400
				Broadway, P.O. Box 202951, Helena, MT 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, Title 50, chapter 31, MCA; the Federal Food, Drug and
				Cosmetic Act; or other federal, state, or local law.
(4) Pigments or dyes may not be used if they
				are disapproved of or under recall by the United States Food and Drug
				Administration or the department under the Montana Food, Drug and Cosmetic Act,
				Title 50, chapter 31, MCA.
(5)
				Individual pigment portions and ink cups must be used for one client, then
				disposed in accordance with ARM
				37.112.137 pertaining to
				infectious waste.
(6) If additional
				pigment must be added to an ink cup during the tattooing, the tattooist shall
				wash hands and reglove, or use a single-use liner to handle the ink storage
				container.
50-48-103,
					 MCA; IMP,
					 50-48-103,
					 MCA;