North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-41 - Tattoo and Body Art › Chapter 33-41-01 - Tattoo and Body Art › Section 33-41-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this article have the same meaning
				  as in North Dakota Century Code Chapter 12.1-31, except:
1. "Aftercare" means written instructions given to the
				  client, specific to the body art procedures rendered, about caring for the body
				  art and surrounding area. These instructions must include information about
				  when to seek medical treatment, if necessary.
2. "Antiseptic" means an agent that destroys disease-causing
				  microorganisms on human skin or mucosa.
3. "Body art" means the practice of physical body adornment
				  by permitted or licensed establishments and operators using techniques
				  including body piercing, tattooing, cosmetic tattooing, branding,
				  scarification, and subdermal implanting. This definition does not include, for
				  the purpose of this article, piercing of the outer perimeter or lobe of the ear
				  with presterilized single-use stud-and-clasp ear-piercing systems.
4. "Body art establishment" means any place or premise,
				  whether public or private, temporary or permanent, in nature of location, where
				  the practices of body art, whether or not for profit, are performed.
5. "Body piercing" means puncturing or penetration of the
				  skin of a person with presteriiized single-use needles and the insertion of
				  presterilized jewelry or other adornment thereto in the opening, except that
				  puncturing the outer perimeter or lobe of the ear with a presterilized
				  single-use stud-and-clasp ear-piercing system shall not be included in this
				  definition.
6. "Branding" means inducing a pattern of scar tissue by use
				  of a heated material (usually metal) to the skin, making a serious burn, which
				  eventually becomes a scar.
7. "Contaminated waste" means any liquid or semiliquid blood
				  or other potentially infectious materials; contaminated items that would
				  release blood or other potentially infectious materials in a liquid or
				  semiliquid state if compressed; items that are caked with dried blood or other
				  potentially infectious materials and are capable of releasing these materials
				  during handling; sharps and any wastes containing blood and other potentially
				  infectious materials, as defined in 29 Code of Federal Regulations part
				  1910.1030, known as "occupational exposure to bloodborne pathogens".
8. "Cosmetic tattooing" is included in the definition of
				  tattooing.
9. "Department" means the state department of health.
10. "Disinfection" means the destruction of disease-causing
				  microorganisms on inanimate objects or surfaces, thereby rendering these
				  objects safe for use or handling.
11. "Ear piercing" means the puncturing of the
				  noncartilaginous perimeter or lobe of the ear with a presterilized single-use
				  stud-and-clasp ear-piercing system following manufacturer's instructions. Under
				  no circumstances shall ear-piercing studs and clasps be used anywhere on the
				  body other than the outer perimeter and lobe of the ear.
12. "Equipment" means all machinery, including fixtures,
				  containers, vessels, tools, devices, implements, furniture, display and storage
				  areas, sinks, and all other apparatus and appurtenances used in connection with
				  the operation of a body art establishment.
13. "Handsink" means a lavatory equipped with hot and cold
				  running water under pressure, used solely for washing hands, arms, or other
				  portions of the body.
14. "Hot water" means water that attains and maintains a
				  temperature of at least one hundred degrees Fahrenheit.
15. "Instruments used for body art" means hand pieces,
				  needles, needle bars, and other instruments that may come in contact with a
				  client's body or may be exposed to bodily fluids during body art procedures.
16. "Invasive" means entry into the body either by incision
				  or insertion of an instrument into or through the skin of mucosa, or by any
				  other means intended to puncture, break, or compromise the skin or mucosa.
17. "Jewelry" means any personal adornment inserted into a
				  newly pierced area, which may be made of surgical implant-grade stainless
				  steel; solid fourteen karat or eighteen karat white or yellow gold, niobium,
				  titanium, or platinum; or a dense, low-porosity plastic, which is free of
				  nicks, scratches, or irregular surfaces and which has been properly sterilized
				  prior to use.
18. "Liquid chemical germicide" means a disinfectant or
				  sanitizer registered with the United States environmental protection agency or
				  an approximately one-to-one hundred dilution of household chlorine bleach made
				  fresh daily and dispensed from a spray bottle (five hundred parts per million,
				  one-fourth cup per gallon, or two tablespoons per quart of tap water).
19. "Mobile body art establishment or unit" means a mobile
				  establishment or unit which is self-propelled or otherwise movable from place
				  to place and is self-sufficient for utilities such as gas, water, electricity,
				  and liquid waste disposal which operates at a fixed location where a permitted
				  or licensed operator performs body art procedures.
20. "Operator" means any person who controls, operates,
				  manages, conducts, or practices body art activities at a body art establishment
				  and who is responsible for compliance with these rules, whether actually
				  performing body art activities or not. The term includes an assistant
				  technician who works under the operator and performs body art activities.
21. "Person" means an individual, any form of business or
				  social organization or any other nongovernmental legal entity, including
				  corporations, partnerships, limited liability companies, associations, trusts,
				  or unincorporated organizations.
22. "Physician" means a person currently licensed by the
				  state of North Dakota to practice medicine pursuant to the provisions of
				  chapter 43-17 of the North Dakota Century Code.
23. "Procedure surface" means any surface of an inanimate
				  object that contacts the client's unclothed body during a body art procedure,
				  skin preparation of the area adjacent to and including the body art procedure,
				  or any associated work area which may require sanitizing.
24. "Sanitization procedure" means a process of reducing the
				  numbers of microorganisms on cleaned surfaces and equipment to a safe level as
				  judged by public health standards and which has been approved by the
				  department.
25. "Sharps" means any objects (sterile or contaminated) that
				  may purposefully or accidentally cut or penetrate the skin or mucosa, including
				  presterilized, single-use needles; scalpel blades; and razor blades.
26. "Sharps container" means a puncture-resistant, leak-proof
				  container that can be closed for handling, storage, transportation, and
				  disposal and that is labeled with the international biohazard symbol.
27. "Single-use" means products or items that are intended
				  for one-time, one-person use and are disposed of after use on each client,
				  including cotton swabs or balls, tissues or paper products, paper or plastic
				  cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades,
				  stencils, ink cups, and protective gloves.
28. "Sterilization" means a process resulting in the
				  destruction of all forms of microbial life, including highly resistant
				  bacterial spores.
29. "Tattooing" means any method of placing ink or other
				  pigment into or under the skin or mucosa by the aid of needles or any other
				  instrument used to puncture the skin, resulting in permanent coloration of the
				  skin or mucosa. This term includes all forms of cosmetic tattooing.
30. "Temporary body art establishment" means any place or
				  premise operating at a fixed location where an operator performs body art
				  procedures for no more than fourteen days consecutively in conjunction with a
				  single event or celebration.
31. "Ultrasonic unit" means a unit approved by the
				  department, physically large enough to fully submerge instruments in liquid,
				  which removes all foreign matter from the instruments by means of
				  high-frequency oscillations transmitted through the contained liquid.
32. "Universal precautions" means a set of guidelines and
				  controls, published by the centers for disease control and prevention (CDC) as
				  "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and
				  Hepatitis B Virus to Health Care and Public Safety Workers" in
Morbidity and Mortality Weekly Report (MMWR)
, June 23, 1989,
				  vol. 38, no. S-6, and as "Recommendations for Preventing Transmission of Human
				  Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone
				  Invasive Procedures", in
(MMWR)
, July 12, 1991, vol. 40, no.
				  RR-8. This method of infection control requires the employer and the employee
				  to assume that all human blood and specified human body fluids are infectious
				  for HIV, HBV, and other blood pathogens. Precautions include handwashing;
				  gloving; personal protective equipment; injury prevention; and proper handling
				  and disposal of needles, other sharp instruments, and blood-contaminated and
				  body fluid-contaminated products.
General Authority: NDCC 23-01-35
Law Implemented: NDCC
					 23-01-35