Minnesota Legislature
HF 677
1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to health occupations; establishing a regulation system for technicians
1.3performing body art procedures and for body art establishments; adopting
1.4penalty fees;amending Minnesota Statutes 2008, sections 325F.814, subdivision
1.51; 609.2246, subdivision 1; proposing coding for new law as Minnesota Statutes,
1.6chapter 146B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [146B.01] DEFINITIONS.
1.9 Subdivision 1. Scope. The terms defined in this section apply to this chapter.
1.10 Subd. 2. Aftercare. "Aftercare" means written instructions given to a client,
1.11specific to the procedure rendered, on caring for the body art and surrounding area. These
1.12instructions must include information on when to seek medical treatment.
1.13 Subd. 3. Antiseptic. "Antiseptic" means an agent that destroys disease-causing
1.14microorganisms on human skin or mucosa.
1.15 Subd. 4. Body art. "Body art" means physical body adornment using, but not
1.16limited to, the following techniques: body piercing, tattooing, micropigmentation,
1.17cosmetic tattooing, branding, scarification, suspension, subdermal implantation,
1.18microdermal, tongue bifurcation, and tissue removal. Body art does not include practices
1.19and procedures that are performed by a licensed medical or dental professional if the
1.20procedure is within the professional's scope of practice.
1.21 Subd. 5. Body art establishment. "Body art establishment" or "establishment"
1.22means any structure or venue, whether permanent, temporary, or mobile, where body art
1.23is performed. Mobile establishments include vehicle-mounted units, either motorized or
1.24trailered, and readily moveable without dissembling and where body art procedures are
1.25regularly performed in more than one geographic location.
2.1 Subd. 6. Body piercing. "Body piercing" means the penetration or puncturing of
2.2the skin by any method for the purpose of inserting jewelry or other objects in or through
2.3the body. Body piercing does not include the piercing of the outer perimeter or the lobe of
2.4the ear using a presterilized single-use stud-and-clasp ear-piercing system.
2.5 Subd. 7. Branding. "Branding" means an indelible mark burned into the skin using
2.6instruments of thermal cautery, radio hyfrecation, and strike branding.
2.7 Subd. 8. Commissioner. "Commissioner" means the commissioner of health.
2.8 Subd. 9. Contaminated waste. "Contaminated waste" means any liquid or
2.9semiliquid blood or other potentially infectious materials; contaminated items that would
2.10release blood or other potentially infectious materials in a liquid or semiliquid state
2.11if compressed; items that are caked with dried blood or other potentially infectious
2.12materials and are capable of releasing these materials during handling; and sharps and any
2.13wastes containing blood and other potentially infectious materials, as defined in Code of
2.14Federal Regulations, title 29, section 1910.1030, known as "Occupational Exposure to
2.15Bloodborne Pathogens."
2.16 Subd. 10. Department. "Department" means the Department of Health.
2.17 Subd. 11. Equipment. "Equipment" means all machinery, including fixtures,
2.18containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks,
2.19and all other apparatus and appurtenances used in the operation of a body art establishment.
2.20 Subd. 12. Guest artist. "Guest artist" means an individual who performs body art
2.21procedures according to the requirements under section 146B.04.
2.22 Subd. 13. Hand sink. "Hand sink" means a sink equipped with hot and cold water
2.23held under pressure, used solely for washing hands, wrists, arms, or other portions of
2.24the body.
2.25 Subd. 14. Hot water. "Hot water" means water at a temperature of at least 110
2.26degrees Fahrenheit.
2.27 Subd. 15. Jewelry. "Jewelry" means any personal ornament inserted into a newly
2.28pierced area.
2.29 Subd. 16. Liquid chemical germicide. "Liquid chemical germicide" means a
2.30tuberculocidal disinfectant or sanitizer registered with the Environmental Protection
2.31Agency.
2.32 Subd. 17. Microdermal. "Microdermal" means a single-point perforation of any
2.33body part other than an earlobe for the purpose of inserting an anchor with a step either
2.34protruding from or flush with the skin.
3.1 Subd. 18. Micropigmentation or cosmetic tattooing. "Micropigmentation or
3.2cosmetic tattooing" means the use of tattoos for permanent makeup or to hide or neutralize
3.3skin discolorations.
3.4 Subd. 19. Operator. "Operator" means any person who controls, operates, or
3.5manages body art activities at a body art establishment and who is responsible for the
3.6establishment's compliance with these regulations, whether or not the person actually
3.7performs body art activities.
3.8 Subd. 20. Procedure area. "Procedure area" means the physical space or room used
3.9solely for conducting body art procedures.
3.10 Subd. 21. Procedure surface. "Procedure surface" means the surface area of
3.11furniture or accessories that may come into contact with the client's clothed or unclothed
3.12body during a body art procedure and the area of the client's skin where the body art
3.13procedure is to be performed and the surrounding area, or any other associated work
3.14area requiring sanitizing.
3.15 Subd. 22. Safe level. "Safe level" means not more than 50 colonies of
3.16microorganisms per four square inches of equipment or procedure surface.
3.17 Subd. 23. Scarification. "Scarification" means an indelible mark fixed on the
3.18body by the production of scars.
3.19 Subd. 24. Sharps. "Sharps" means any object, sterile or contaminated, that may
3.20purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited
3.21to, presterilized single-use needles, scalpel blades, and razor blades.
3.22 Subd. 25. Sharps container. "Sharps container" means a closed, puncture-resistant,
3.23leak-proof container, labeled with the international biohazard symbol, that is used for
3.24handling, storage, transportation, and disposal.
3.25 Subd. 26. Single use. "Single use" means products or items intended for onetime
3.26use which are disposed of after use on a client. This definition includes, but is not limited
3.27to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and
3.28sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink
3.29cups, and protective gloves.
3.30 Subd. 27. Sterilization. "Sterilization" means a process resulting in the destruction
3.31of all forms of microbial life, including highly resistant bacterial spores.
3.32 Subd. 28. Subdermal implantation. "Subdermal implantation" means the
3.33implantation of an object entirely below the dermis.
3.34 Subd. 29. Supervision. "Supervision" means the presence of a technician licensed
3.35under this chapter while a body art procedure is being performed.
4.1 Subd. 30. Suspension. "Suspension" means the suspension of the body from affixed
4.2hooks placed through temporary piercings.
4.3 Subd. 31. Tattooing. "Tattooing" means any method of placing indelible ink or
4.4other pigments into or under the skin or mucosa with needles or any other instruments
4.5used to puncture the skin, resulting in permanent coloration of the skin or mucosa.
4.6 Subd. 32. Technician. "Technician" means any individual who performs or
4.7practices body art procedures.
4.8 Subd. 33. Temporary body art establishment. "Temporary body art establishment"
4.9means any place or premise operating at a fixed location where an operator performs body
4.10art procedures for no more than 21 days in conjunction with a single event or celebration.
4.11 Subd. 34. Tissue removal. "Tissue removal" means an indelible mark or figure
4.12fixed on the body by the removal of dermis.
4.13 Subd. 35. Tongue bifurcation. "Tongue bifurcation" means the cutting of the
4.14tongue from the tip to the base, forking at the end.
4.15 Sec. 2. [146B.02] ESTABLISHMENT LICENSE PROCEDURES.
4.16 Subdivision 1. General. Beginning January 1, 2011, no person acting individually
4.17or jointly with any other person may maintain, own, or operate a body art establishment in
4.18the state without an establishment license issued by the commissioner in accordance with
4.19this chapter, except as permitted under subdivision 8 or 9.
4.20 Subd. 2. Requirements. (a) Each application for an initial establishment license
4.21and for renewal must be submitted to the commissioner on a form provided by the
4.22commissioner accompanied with the applicable fee required under section 146B.10. The
4.23application must contain:
4.24(1) the name of the owner and operator of the establishment;
4.25(2) the location of the establishment;
4.26(3) verification of compliance with all applicable local and state codes;
4.27(4) a description of the general nature of the business; and
4.28(5) any other relevant information deemed necessary by the commissioner.
4.29(b) Upon initial approval, the commissioner shall issue a provisional establishment
4.30license effective for one year from the date of issuance. Upon the approval of an
4.31application for renewal, the commissioner shall issue a new license effective for three
4.32years from the date of issuance.
4.33 Subd. 3. Inspection. (a) Within one year of the issuance of the provisional
4.34establishment license, and thereafter at least one time during each three-year licensure
4.35period, the commissioner shall conduct an inspection of the body art establishment and a
5.1review of any records necessary to ensure that the standards required under this chapter
5.2are met.
5.3(b) If the establishment seeking licensure is new construction or if a licensed
5.4establishment is remodeling, the establishment must meet all local building and zoning
5.5codes.
5.6(c) The commissioner shall have the authority to enter the premises to make the
5.7inspection. Refusal to permit an inspection constitutes valid grounds for licensure denial
5.8or revocation.
5.9 Subd. 4. Location restricted. No person may perform a body art procedure at
5.10any location other than a body art establishment licensed under this chapter except as
5.11permitted under subdivisions 8 and 9.
5.12 Subd. 5. Transfer and display of license. A body art establishment license must
5.13be issued to a specific person and location and is not transferable. A license must be
5.14prominently displayed in a public area of the establishment.
5.15 Subd. 6. Establishment information. The following information must be kept on
5.16file for two years on the premises of the establishment and must be made available for
5.17inspection upon request by the commissioner:
5.18(1) a description of all body art procedures performed by the establishment;
5.19(2) copies of the spore tests conducted on each sterilizer; and
5.20(3) the following information for each technician or guest artist employed or
5.21performing body art procedures in the establishment:
5.22(i) name;
5.23(ii) home address;
5.24(iii) home telephone number;
5.25(iv) date of birth;
5.26(v) copy of an identification photo; and
5.27(vi) license number or guest artist registration number.
5.28 Subd. 7. Establishments located in a private residence. If the body art
5.29establishment is located within a private residence, the space where the body art
5.30procedures are performed must be completely partitioned off and separate from the
5.31residential living, eating, and bathroom areas, and must meet the standards of this chapter.
5.32The space used for body procedures must be made available for inspection upon the
5.33request of the commissioner.
5.34 Subd. 8. Temporary events permit. (a) An owner or operator of a temporary
5.35body art establishment shall submit an application for a temporary events permit to the
5.36commissioner at least 14 days before the start of the event. The application must include
6.1the specific days and hours of operation. The owner or operator shall comply with the
6.2requirements of this chapter.
6.3(b) The temporary events permit must be prominently displayed in a public area
6.4at the location.
6.5(c) The temporary events permit, if approved, is valid for the specified dates and
6.6hours listed on the application. No temporary events permit shall be issued for longer than
6.7a 21-day period, and may not be renewed.
6.8 Subd. 9. Exception. (a) Any body art establishment located within a county or
6.9municipal jurisdiction that has enacted an ordinance that establishes licensure for body art
6.10establishments operating within the jurisdiction shall be exempt from this chapter if the
6.11provisions of the ordinance meet or exceed the provisions of this chapter. Any county or
6.12municipal jurisdiction that maintains an ordinance that meets this exception may limit the
6.13types of body art procedures that may be performed in body art establishments located
6.14within its jurisdiction.
6.15(b) A body art establishment license under this chapter is not required if the
6.16establishment is licensed as a salon under chapter 155A.
6.17 (c) Any individual performing body art procedures in an establishment that meets
6.18an exception under this subdivision must be licensed as a body art technician under this
6.19chapter.
6.20 Sec. 3. [146B.03] LICENSURE FOR BODY ART TECHNICIANS.
6.21 Subdivision 1. Licensure required. Effective January 1, 2011, no individual may
6.22perform body art procedures unless the individual holds a valid technician license issued
6.23by the commissioner under this chapter, except as provided in subdivision 3.
6.24 Subd. 2. Designation. No individual may use the title of "tattooist," "tattoo artist,"
6.25"body piercer," "body piercing artist," "body art practitioner," "body art technician," or
6.26other letters, words, or titles in connection with that individual's name which in any way
6.27represents that the individual is engaged in the practice of tattooing or body piercing, or
6.28authorized to do so, unless the individual is licensed and authorized to perform body
6.29art procedures under this chapter.
6.30 Subd. 3. Exceptions. (a) The following individuals may perform body art
6.31procedures within the scope of their practice without a technician's license:
6.32(1) a physician licensed under chapter 147;
6.33(2) a nurse licensed under sections 148.171 to 148.285;
6.34(3) a chiropractor licensed under chapter 148;
6.35(4) an acupuncturist licensed under chapter 147B;
7.1(5) a physician's assistant licensed under chapter 147A; or
7.2(6) a dental professional licensed under chapter 150A.
7.3(b) A guest artist under section 146B.04 may perform body art procedures in
7.4accordance with the requirements of section 146B.04.
7.5 Subd. 4. Licensure requirements. An applicant for licensure under this section
7.6shall submit to the commissioner on a form provided by the commissioner:
7.7(1) proof that the applicant is over the age of 18;
7.8(2) all fees required under section 146B.10;
7.9(3) proof of completing a minimum of 200 hours of supervised experience;
7.10(4) proof of having satisfactorily completed coursework approved by the
7.11commissioner on bloodborne pathogens, the prevention of disease transmission, infection
7.12control, cardiopulmonary resuscitation (CPR), first aid, and aseptic technique. Courses
7.13to be considered for approval by the commissioner may include, but are not limited to,
7.14those administered by one of the following:
7.15(i) the American Red Cross;
7.16(ii) United States Occupational Safety and Health Administration (OSHA); or
7.17(iii) the Alliance of Professional Tattooists; and
7.18(5) any other relevant information requested by the commissioner.
7.19 Subd. 5. Action on licensure applications. The commissioner shall notify the
7.20applicant in writing of the action taken on the application. If licensure is denied, the
7.21applicant must be notified of the determination and the grounds for it, and the applicant
7.22may request a hearing under chapter 14 on the determination by filing a written statement
7.23with the commissioner within 30 days after receipt of the notice of denial. After the
7.24hearing, the commissioner shall notify the applicant in writing of the decision.
7.25 Subd. 6. Licensure term; renewal. (a) A technician's license is valid for two
7.26years from the date of issuance and may be renewed upon payment of the renewal fee
7.27established under section 146B.10.
7.28(b) At renewal, a licensee must submit proof of continuing education approved by
7.29the commissioner in the areas identified in subdivision 4, clause (4).
7.30 Subd. 7. Temporary licensure. (a) The commissioner may issue a temporary
7.31license to an applicant who submits to the commissioner on a form provided by the
7.32commissioner:
7.33(1) proof that the applicant is over the age of 18;
7.34(2) all fees required under section 148B.10; and
7.35(3) a letter from a licensed technician who has agreed to provide the supervision to
7.36meet the supervised experience requirement under subdivision 4, clause (3).
8.1(b) Upon completion of the required supervised experience, the temporary
8.2licensee shall submit documentation of satisfactorily completing the requirements under
8.3subdivision 4, clauses (3) and (4), and the applicable fee under section 146B.10. The
8.4commissioner shall issue a new license in accordance with subdivision 4.
8.5(c) A temporary license issued under subdivision 7 is valid for one year and may be
8.6renewed for one additional year.
8.7 Subd. 8. License by reciprocity. The commissioner shall issue a technician's
8.8license to a person who holds a current license, certification, or registration from another
8.9state if the commissioner determines that the standards for licensure, certification, or
8.10registration in the other jurisdiction meets or exceeds the requirements for licensure stated
8.11in this chapter and a letter is received from that jurisdiction stating that the applicant
8.12is in good standing.
8.13 Subd. 9. Transfer and display of license. A license issued under this section is not
8.14transferable to another individual. A valid license must be displayed at the establishment
8.15site and available to the public upon request.
8.16 Subd. 10. Transition period. Until January 1, 2012, the supervised experience
8.17requirement under subdivision 4, clause (3), shall be waived by the commissioner if the
8.18applicant submits to the commissioner evidence satisfactory to the commissioner that the
8.19applicant has performed body art procedures for 2,080 hours within the last five years.
8.20 Sec. 4. [146B.04] TEMPORARY LICENSURE FOR GUEST ARTISTS.
8.21 Subdivision 1. General. Before an individual may work as a guest artist, the
8.22commissioner shall issue a temporary license to the guest artist. The guest artist shall
8.23submit an application to the commissioner on a form provided by the commissioner.
8.24The form must include:
8.25(1) the name, home address, and date of birth of the guest artist;
8.26(2) the name of the licensed technician sponsoring the guest artist;
8.27 (3) proof of having satisfactorily completed coursework approved by the
8.28commissioner on bloodborne pathogens, the prevention of disease transmission, infection
8.29control, cardiopulmonary resuscitation (CPR), first aid, and aseptic technique;
8.30(4) the starting and anticipated completion dates the guest artist will be working; and
8.31(5) a copy of any current body art credential or licensure issued by another local
8.32or state jurisdiction.
8.33 Subd. 2. Guest artists. A guest artist may not conduct body art procedures for more
8.34than 30 days per calendar year per licensed establishment. If the guest artist exceeds this
8.35time period, the guest artist must apply for a technician's license under section 146B.03.
9.1 Sec. 5. [146B.05] GROUNDS FOR DENIAL OF AN ESTABLISHMENT
9.2LICENSE OR EMERGENCY CLOSURE.
9.3 Subdivision 1. General. If any of the following conditions exist, the owner or
9.4operator of a licensed establishment may be ordered by the commissioner to discontinue
9.5all operations of a licensed body art establishment or the commissioner may refuse to
9.6grant or renew, suspend, or revoke licensure:
9.7(1) evidence of a sewage backup in an area of the body art establishment where
9.8body art activities are conducted;
9.9(2) lack of potable, plumbed, or hot or cold water to the extent that handwashing or
9.10toilet facilities are not operational;
9.11(3) lack of electricity or gas service to the extent that handwashing, lighting, or
9.12toilet facilities are not operational;
9.13(4) significant damage to the body art establishment due to tornado, fire, flood,
9.14or another disaster;
9.15(5) evidence of an infestation of rodents or other vermin;
9.16(6) evidence of any individual performing a body art procedure without a license as
9.17required under this chapter;
9.18(7) evidence of existence of a public health nuisance;
9.19(8) use of instruments or jewelry that are not sterile;
9.20(9) failure to maintain required records;
9.21(10) failure to use gloves as required;
9.22(11) failure to properly dispose of sharps, blood or body fluids, or items contaminated
9.23by blood or body fluids;
9.24(12) failure to properly report complaints of potential bloodborne pathogen
9.25transmission to the commissioner; or
9.26(13) evidence of a positive spore test on the sterilizer.
9.27 Subd. 2. Licensure or reopening requirements. Prior to license approval or
9.28renewal or the reopening of the establishment, the establishment shall submit to the
9.29commissioner satisfactory proof that the problem condition causing the need for the
9.30licensure action or emergency closure has been corrected or removed by the operator of
9.31the establishment. A body art establishment may not reopen without the written approval
9.32of the commissioner and a valid establishment license.
9.33 Sec. 6. [146B.06] HEALTH AND SAFETY STANDARDS.
10.1 Subdivision 1. Establishment standards. (a) Except as permitted under subdivision
10.22, the body art establishment must meet the health and safety standards in this subdivision
10.3before a licensed technician may conduct body art procedures at the establishment.
10.4(b) The procedure area must be separated from any other area that may cause
10.5potential contamination of work surfaces.
10.6(c) For clients requesting privacy, at a minimum, a divider, curtain, or partition must
10.7be provided to separate multiple procedure areas.
10.8(d) All procedure surfaces must be smooth, nonabsorbent, and easily cleanable.
10.9(e) The establishment must have a readily accessible hand sink equipped with:
10.10(1) potable hot and cold running water under pressure;
10.11(2) liquid hand soap;
10.12(3) single-use paper towels or a mechanical hand drier or blower; and
10.13(4) a garbage can with a foot-operated lid or with no lid and a removable liner.
10.14(f) All ceilings in the body art establishment must be in good condition.
10.15(g) All walls and floors must be free of open holes or cracks and be washable and no
10.16carpeting may be in areas used for procedures other than tattooing. Carpeting may be in
10.17areas used exclusively for tattooing if the carpet is clean and unstained.
10.18(h) All facilities within the establishment must be maintained in a clean and sanitary
10.19condition and in good working order.
10.20 (i) No animals may be present during a body art procedure, unless the animal is a
10.21service animal.
10.22 Subd. 2. Establishment exception. Any establishment that is operating as a body
10.23art establishment on August 1, 2010, may request an exemption from any of the health and
10.24safety standards required under subdivision 1 that would require remodeling in order to
10.25comply. The request for an exemption shall be submitted in writing to the commissioner,
10.26and shall not be considered final until notification is received from the commissioner
10.27that the exemption is approved.
10.28 Subd. 3. Standards for equipment, instruments, and supplies. (a) Equipment,
10.29instruments, and supplies must comply with the health and safety standards in this
10.30subdivision before a licensed technician may conduct body art procedures.
10.31(b) Jewelry used as part of a body art procedure must be made of surgical
10.32implant-grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium,
10.33titanium, or platinum, or a dense low-porosity plastic. Use of jewelry that is constructed
10.34of wood, bone, or other porous material is prohibited.
10.35(c) Jewelry used as part of a body art procedure must be free of nicks, scratches, or
10.36irregular surfaces and must be properly sterilized before use.
11.1(d) Reusable instruments must be thoroughly washed to remove all organic matter,
11.2rinsed, and sterilized before and after use.
11.3(e) Needles must be single-use needles and sterilized before use.
11.4(f) Sterilization must be conducted using steam heat or chemical vapor.
11.5(g) All sterilization units must be operated according to the manufacturer's
11.6specifications.
11.7(h) At least once a month, but not to exceed 30 days between tests, a spore test must
11.8be conducted on each sterilizer used to ensure proper functioning. If a positive spore test
11.9result is received, the sterilizer at issue may not be used until a negative result is obtained.
11.10(i) All inks and other pigments used in a body art procedure must be specifically
11.11manufactured for tattoo procedures.
11.12(j) Immediately before applying a tattoo, the quantity of the ink needed must be
11.13transferred from the ink bottle and placed into single-use paper or plastic cups immediately
11.14before applying the tattoo. Upon completion of the tattoo, the single-use cups and their
11.15contents must be discarded.
11.16(k) All tables, chairs, furniture, or other procedure surfaces that may be exposed
11.17to blood or body fluids during the body art procedure must be cleanable and must be
11.18sanitized after each client with a liquid chemical germicide.
11.19(l) Single-use towels or wipes must be provided to the client. These towels must be
11.20dispensed in a manner that precludes contamination and disposed of in a washable garbage
11.21container with a foot-operated lid or with no lid and a removal liner.
11.22(m) All bandages and surgical dressings used must be sterile or bulk-packaged
11.23clean and stored in a clean, closed container.
11.24(n) All equipment and instruments must be maintained in good working order and in
11.25a clean and sanitary condition.
11.26(o) All instruments and supplies must be stored clean and dry in covered containers.
11.27(p) Single-use disposable barriers must be provided on all equipment that cannot be
11.28sterilized as part of the procedure as required under this section including, but not limited
11.29to, spray bottles, procedure light fixture handles, and tattoo machines.
11.30 Subd. 4. Standards for body art procedures. (a) All body art procedures must
11.31comply with the health and safety standards in this subdivision.
11.32(b) The skin area subject to a body art procedure must be thoroughly cleaned
11.33with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only
11.34single-use towels or wipes may be used to clean the skin.
11.35(c) Whenever it is necessary to shave the skin, a new disposable razor must be
11.36used for each client and disposed after use.
12.1(d) No body art procedure may be performed on any area of the skin where there is
12.2an evident infection, irritation, or open wound.
12.3(e) Single-use nonabsorbent gloves of adequate size and quality to preserve dexterity
12.4must be used for touching clients, for handling sterile instruments, or for handling blood
12.5or body fluids. Nonlatex gloves must be used with clients or employees who request
12.6them or when petroleum products are used. Gloves must be changed if a glove becomes
12.7damaged or comes in contact with any nonclean surface or objects or with a third person.
12.8At a minimum, gloves must be discarded after the completion of a procedure on a client.
12.9Hands and wrists must be washed before putting on a clean pair of gloves and after
12.10removing a pair of gloves.
12.11 Subd. 5. Standards for technicians. (a) Technicians must comply with the health
12.12and safety standards in this subdivision.
12.13(b) Technicians must scrub their hands and wrists thoroughly before and after
12.14performing a body art procedure, after contact with the client receiving the procedure,
12.15and after contact with potentially contaminated materials.
12.16(c) A technician may not smoke, eat, or drink while performing body art procedures.
12.17(d) A technician may not perform a body art procedure if the technician has any open
12.18sores visible or in a location that may come in contact with the client.
12.19 Subd. 6. Contamination standards. (a) Infectious waste and sharps must be
12.20managed according to sections 116.76 to 116.83 and must be disposed of by an approved
12.21infectious waste hauler at a site permitted to accept the waste, according to Minnesota
12.22Rules, parts 7035.9100 to 7035.9150. Sharps ready for disposal must be disposed of
12.23in an approved sharps container.
12.24(b) Contaminated waste that may release liquid blood or body fluids when
12.25compressed or that may release dried blood or body fluids when handled must be placed in
12.26an approved red bag that is marked with the international biohazard symbol.
12.27(c) Contaminated waste that does not release liquid blood or body fluids when
12.28compressed or handled may be placed in a covered receptacle and disposed of through
12.29normal approved disposal methods.
12.30(d) Storage of contaminated waste onsite must not exceed the period specified by
12.31Code of Federal Regulations, title 29, section 1910.1030.
12.32 Sec. 7. [146B.07] PROFESSIONAL STANDARDS.
12.33 Subdivision 1. Standard practice. (a) A technician shall require proof of age
12.34before performing any body art procedure on a client. Proof of age must be established
12.35by one of the following methods:
13.1(1) a valid driver's license or identification card issued by the state of Minnesota or
13.2another state that includes a photograph and date of birth of the individual;
13.3(2) a valid military identification card issued by the United States Department of
13.4Defense;
13.5(3) a valid passport;
13.6(4) a resident alien card; or
13.7(5) a tribal identification card.
13.8(b) No technician shall perform a body art procedure on any individual under the
13.9age of 18 years unless the individual provides a notarized written consent of a parent or
13.10legal guardian or the individual's parent or legal guardian is present and a consent form is
13.11signed by a parent or legal guardian in the presence of the technician. The consent must
13.12include both the custodial and noncustodial parents, where applicable.
13.13(c) Before performing any body art procedure, the technician must provide the client
13.14with a disclosure and authorization form that indicates whether the client has:
13.15(1) diabetes;
13.16(2) a history of hemophilia;
13.17(3) a history of skin diseases, skin lesions, or skin sensitivities to soap or
13.18disinfectants;
13.19(4) a history of epilepsy, seizures, fainting, or narcolepsy;
13.20(5) any condition that requires the client to take medications such as anticoagulants
13.21that thin the blood or interfere with blood clotting; or
13.22(6) any other information that would aid the technician in the body art procedure
13.23process evaluation.
13.24The technician shall ask the client to sign and date the disclosure and authorization form
13.25confirming that the information listed on the form was provided.
13.26(d) No technician shall perform body art procedures on any individual who appears
13.27to be under the influence of alcohol, controlled substances as defined in section 152.01,
13.28subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.
13.29(e) No technician shall perform body art procedures while under the influence of
13.30alcohol, controlled substances as defined under section 152.01, subdivision 4, or hazardous
13.31substances as defined in the rules adopted under chapter 182.
13.32(f) No technician shall administer anesthetic injections or other medications.
13.33(g) Before performing any body art procedure, the technician shall offer and make
13.34available to the client personal draping, as appropriate.
14.1 Subd. 2. Informed consent. Before performing a body art procedure, the technician
14.2shall obtain from the client a signed and dated informed consent form. The consent form
14.3must disclose:
14.4(1) that a tattoo is considered permanent and may only be removed with a surgical
14.5procedure and that any effective removal may leave scarring; and
14.6(2) that a piercing may leave scarring.
14.7 Subd. 3. Client record maintenance. For each client, the body art establishment
14.8operator shall maintain proper records of each procedure. The records of the procedure
14.9must be kept for two years and must be available for inspection by the commissioner upon
14.10request. The record must include the following:
14.11(1) the date of the procedure;
14.12(2) the information on the required picture identification showing the name, age,
14.13and current address of the client;
14.14(3) a copy of the release form signed and dated by the client required under
14.15subdivision 1, paragraph (c);
14.16(4) a description of the body art procedure performed;
14.17(5) the name and license number of the technician performing the procedure;
14.18(6) a copy of the consent form required under subdivision 2; and
14.19(7) if the client is under the age of 18 years, a copy of the consent form signed by the
14.20parent or legal guardian as required under subdivision 1.
14.21 Subd. 4. Aftercare. A technician shall provide each client with verbal and
14.22written instructions for the care of the tattooed or pierced site upon the completion of
14.23the procedure. The written instructions must advise the client to consult a health care
14.24professional at the first sign of infection.
14.25 Subd. 5. State, county, and municipal public health regulations. An operator
14.26and technician shall comply with all applicable state, county, and municipal requirements
14.27regarding public health.
14.28 Subd. 6. Notification. The operator of the body art establishment shall immediately
14.29notify the commissioner or local health authority of any reports they receive of a potential
14.30bloodborne pathogen transmission.
14.31 Sec. 8. [146B.08] INVESTIGATION PROCESS AND GROUNDS FOR
14.32DISCIPLINARY ACTION.
14.33 Subdivision 1. Investigations of complaints. The commissioner may initiate an
14.34investigation upon receiving a signed complaint or other signed written communication
14.35that alleges or implies that an individual or establishment has violated this chapter.
15.1According to section 214.13, subdivision 6, in the receipt, investigation, and hearing of a
15.2complaint that alleges or implies an individual or establishment has violated this chapter,
15.3the commissioner shall follow the procedures in section 214.10.
15.4 Subd. 2. Rights of applicants and licensees. The rights of an applicant denied
15.5licensure are stated in section 146B.03, subdivision 5. A licensee may not be subjected to
15.6disciplinary action under this section without first having an opportunity for a contested
15.7case hearing under chapter 14.
15.8 Subd. 3. Grounds for disciplinary action by commissioner. The commissioner
15.9may take any of the disciplinary actions listed in subdivision 4 on proof that a technician
15.10or an operator of an establishment has:
15.11(1) intentionally submitted false or misleading information to the commissioner;
15.12(2) failed, within 30 days, to provide information in response to a written request by
15.13the commissioner;
15.14(3) violated any provision of this chapter;
15.15(4) failed to perform services with reasonable judgment, skill, or safety due to the
15.16use of alcohol or drugs, or other physical or mental impairment;
15.17(5) aided or abetted another person in violating any provision of this chapter;
15.18(6) been or is being disciplined by another jurisdiction, if any of the grounds for the
15.19discipline are the same or substantially equivalent to those under this chapter;
15.20(7) not cooperated with the commissioner in an investigation conducted according to
15.21subdivision 1;
15.22(8) advertised in a manner that is false or misleading;
15.23(9) engaged in conduct likely to deceive, defraud, or harm the public;
15.24(10) demonstrated a willful or careless disregard for the health, welfare, or safety
15.25of a client;
15.26(11) obtained money, property, or services from a client through the use of undue
15.27influence, harassment, duress, deception, or fraud;
15.28(12) failed to refer a client to a health care professional for medical evaluation or
15.29care when appropriate; or
15.30(13) been convicted of a felony-level criminal sexual conduct offense. "Conviction"
15.31means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.
15.32 Subd. 4. Disciplinary actions. If the commissioner finds that a technician or
15.33an operator of an establishment should be disciplined according to subdivision 3, the
15.34commissioner may take any one or more of the following actions:
15.35(1) refuse to grant or renew licensure;
15.36(2) suspend licensure for a period not exceeding one year;
16.1(3) revoke licensure;
16.2(4) take any reasonable lesser action against an individual upon proof that the
16.3individual has violated this chapter; or
16.4(5) impose, for each violation, a civil penalty not exceeding $10,000 that deprives
16.5the licensee of any economic advantage gained by the violation and that reimburses the
16.6department for costs of the investigation and proceedings resulting in disciplinary action,
16.7including the amount paid for services of the Office of Administrative Hearings, the
16.8amount paid for services of the Office of the Attorney General, attorney fees, court
16.9reporters, witnesses, reproduction of records, department staff time, and expenses incurred
16.10by department staff.
16.11 Subd. 5. Consequences of disciplinary actions. Upon the suspension or revocation
16.12of licensure, the technician or establishment shall cease to:
16.13(1) perform body art procedures;
16.14(2) use titles protected under this chapter; and
16.15(3) represent to the public that the technician or establishment is licensed by the
16.16commissioner.
16.17 Subd. 6. Reinstatement requirements after disciplinary action. A technician
16.18who has had licensure suspended may petition on forms provided by the commissioner
16.19for reinstatement following the period of suspension specified by the commissioner. The
16.20requirements of section 146B.03 for renewing licensure must be met before licensure
16.21may be reinstated.
16.22 Sec. 9. [146B.09] COUNTY OR MUNICIPAL REGULATION.
16.23Nothing in this chapter preempts or supersedes any county or municipal ordinance
16.24relating to land use, building and construction requirements, nuisance control, or the
16.25licensing of commercial enterprises in general.
16.26 Sec. 10. [146B.10] FEES.
16.27 Subdivision 1. Biennial licensing fees. (a) The fee for the initial technician
16.28licensure and biennial licensure renewal is $.......
16.29(b) The fee for temporary technician licensure is $......
16.30(c) The fee for the temporary guest artist license is $.......
16.31(d) The fee for a provisional establishment license is $.......
16.32(e) The fee for an establishment license is $.......
16.33(f) The fee for a temporary body art establishment permit and renewal is $.......
17.1 Subd. 2. Penalty for late renewals. The penalty fee for late submission for renewal
17.2applications is $.......
17.3 Subd. 3. Deposit. Fees collected by the commissioner under this section must be
17.4deposited in the state government special revenue fund.
17.5 Sec. 11. Minnesota Statutes 2008, section 325F.814, subdivision 1, is amended to read:
17.6 Subdivision 1. Prohibition. No person may provide body piercingservices for a
17.7person under the age of 18 without the notarized written consent of a parent or legal
17.8guardian or the parent or legal guardian is present and a consent form is signed by a
17.9parent or legal guardian in the presence of the person performing the body piercing.
17.10The consent must include both the custodial and noncustodial parents, where applicable.
17.11The provider of the services must witness the execution and dating of the consent by the
17.12parent or legal guardian.
17.13 Sec. 12. Minnesota Statutes 2008, section 609.2246, subdivision 1, is amended to read:
17.14 Subdivision 1. Requirements. No person under the age of 18 may receive a tattoo
17.15unless the person provides a notarized writtenparental consent to the tattoo of a parent or
17.16legal guardian or the parent or legal guardian is present and a consent form is signed by a
17.17parent or legal guardian in the presence of the person performing the tattoo. The consent
17.18must include both the custodial and noncustodial parents, where applicable.
17.19 Sec. 13. EFFECTIVE DATE.
17.20Sections 1 to 12 are effective August 1, 2010.
1.3performing body art procedures and for body art establishments; adopting
1.4penalty fees;amending Minnesota Statutes 2008, sections 325F.814, subdivision
1.51; 609.2246, subdivision 1; proposing coding for new law as Minnesota Statutes,
1.6chapter 146B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [146B.01] DEFINITIONS.
1.9 Subdivision 1. Scope. The terms defined in this section apply to this chapter.
1.10 Subd. 2. Aftercare. "Aftercare" means written instructions given to a client,
1.11specific to the procedure rendered, on caring for the body art and surrounding area. These
1.12instructions must include information on when to seek medical treatment.
1.13 Subd. 3. Antiseptic. "Antiseptic" means an agent that destroys disease-causing
1.14microorganisms on human skin or mucosa.
1.15 Subd. 4. Body art. "Body art" means physical body adornment using, but not
1.16limited to, the following techniques: body piercing, tattooing, micropigmentation,
1.17cosmetic tattooing, branding, scarification, suspension, subdermal implantation,
1.18microdermal, tongue bifurcation, and tissue removal. Body art does not include practices
1.19and procedures that are performed by a licensed medical or dental professional if the
1.20procedure is within the professional's scope of practice.
1.21 Subd. 5. Body art establishment. "Body art establishment" or "establishment"
1.22means any structure or venue, whether permanent, temporary, or mobile, where body art
1.23is performed. Mobile establishments include vehicle-mounted units, either motorized or
1.24trailered, and readily moveable without dissembling and where body art procedures are
1.25regularly performed in more than one geographic location.
2.1 Subd. 6. Body piercing. "Body piercing" means the penetration or puncturing of
2.2the skin by any method for the purpose of inserting jewelry or other objects in or through
2.3the body. Body piercing does not include the piercing of the outer perimeter or the lobe of
2.4the ear using a presterilized single-use stud-and-clasp ear-piercing system.
2.5 Subd. 7. Branding. "Branding" means an indelible mark burned into the skin using
2.6instruments of thermal cautery, radio hyfrecation, and strike branding.
2.7 Subd. 8. Commissioner. "Commissioner" means the commissioner of health.
2.8 Subd. 9. Contaminated waste. "Contaminated waste" means any liquid or
2.9semiliquid blood or other potentially infectious materials; contaminated items that would
2.10release blood or other potentially infectious materials in a liquid or semiliquid state
2.11if compressed; items that are caked with dried blood or other potentially infectious
2.12materials and are capable of releasing these materials during handling; and sharps and any
2.13wastes containing blood and other potentially infectious materials, as defined in Code of
2.14Federal Regulations, title 29, section 1910.1030, known as "Occupational Exposure to
2.15Bloodborne Pathogens."
2.16 Subd. 10. Department. "Department" means the Department of Health.
2.17 Subd. 11. Equipment. "Equipment" means all machinery, including fixtures,
2.18containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks,
2.19and all other apparatus and appurtenances used in the operation of a body art establishment.
2.20 Subd. 12. Guest artist. "Guest artist" means an individual who performs body art
2.21procedures according to the requirements under section 146B.04.
2.22 Subd. 13. Hand sink. "Hand sink" means a sink equipped with hot and cold water
2.23held under pressure, used solely for washing hands, wrists, arms, or other portions of
2.24the body.
2.25 Subd. 14. Hot water. "Hot water" means water at a temperature of at least 110
2.26degrees Fahrenheit.
2.27 Subd. 15. Jewelry. "Jewelry" means any personal ornament inserted into a newly
2.28pierced area.
2.29 Subd. 16. Liquid chemical germicide. "Liquid chemical germicide" means a
2.30tuberculocidal disinfectant or sanitizer registered with the Environmental Protection
2.31Agency.
2.32 Subd. 17. Microdermal. "Microdermal" means a single-point perforation of any
2.33body part other than an earlobe for the purpose of inserting an anchor with a step either
2.34protruding from or flush with the skin.
3.1 Subd. 18. Micropigmentation or cosmetic tattooing. "Micropigmentation or
3.2cosmetic tattooing" means the use of tattoos for permanent makeup or to hide or neutralize
3.3skin discolorations.
3.4 Subd. 19. Operator. "Operator" means any person who controls, operates, or
3.5manages body art activities at a body art establishment and who is responsible for the
3.6establishment's compliance with these regulations, whether or not the person actually
3.7performs body art activities.
3.8 Subd. 20. Procedure area. "Procedure area" means the physical space or room used
3.9solely for conducting body art procedures.
3.10 Subd. 21. Procedure surface. "Procedure surface" means the surface area of
3.11furniture or accessories that may come into contact with the client's clothed or unclothed
3.12body during a body art procedure and the area of the client's skin where the body art
3.13procedure is to be performed and the surrounding area, or any other associated work
3.14area requiring sanitizing.
3.15 Subd. 22. Safe level. "Safe level" means not more than 50 colonies of
3.16microorganisms per four square inches of equipment or procedure surface.
3.17 Subd. 23. Scarification. "Scarification" means an indelible mark fixed on the
3.18body by the production of scars.
3.19 Subd. 24. Sharps. "Sharps" means any object, sterile or contaminated, that may
3.20purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited
3.21to, presterilized single-use needles, scalpel blades, and razor blades.
3.22 Subd. 25. Sharps container. "Sharps container" means a closed, puncture-resistant,
3.23leak-proof container, labeled with the international biohazard symbol, that is used for
3.24handling, storage, transportation, and disposal.
3.25 Subd. 26. Single use. "Single use" means products or items intended for onetime
3.26use which are disposed of after use on a client. This definition includes, but is not limited
3.27to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and
3.28sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink
3.29cups, and protective gloves.
3.30 Subd. 27. Sterilization. "Sterilization" means a process resulting in the destruction
3.31of all forms of microbial life, including highly resistant bacterial spores.
3.32 Subd. 28. Subdermal implantation. "Subdermal implantation" means the
3.33implantation of an object entirely below the dermis.
3.34 Subd. 29. Supervision. "Supervision" means the presence of a technician licensed
3.35under this chapter while a body art procedure is being performed.
4.1 Subd. 30. Suspension. "Suspension" means the suspension of the body from affixed
4.2hooks placed through temporary piercings.
4.3 Subd. 31. Tattooing. "Tattooing" means any method of placing indelible ink or
4.4other pigments into or under the skin or mucosa with needles or any other instruments
4.5used to puncture the skin, resulting in permanent coloration of the skin or mucosa.
4.6 Subd. 32. Technician. "Technician" means any individual who performs or
4.7practices body art procedures.
4.8 Subd. 33. Temporary body art establishment. "Temporary body art establishment"
4.9means any place or premise operating at a fixed location where an operator performs body
4.10art procedures for no more than 21 days in conjunction with a single event or celebration.
4.11 Subd. 34. Tissue removal. "Tissue removal" means an indelible mark or figure
4.12fixed on the body by the removal of dermis.
4.13 Subd. 35. Tongue bifurcation. "Tongue bifurcation" means the cutting of the
4.14tongue from the tip to the base, forking at the end.
4.15 Sec. 2. [146B.02] ESTABLISHMENT LICENSE PROCEDURES.
4.16 Subdivision 1. General. Beginning January 1, 2011, no person acting individually
4.17or jointly with any other person may maintain, own, or operate a body art establishment in
4.18the state without an establishment license issued by the commissioner in accordance with
4.19this chapter, except as permitted under subdivision 8 or 9.
4.20 Subd. 2. Requirements. (a) Each application for an initial establishment license
4.21and for renewal must be submitted to the commissioner on a form provided by the
4.22commissioner accompanied with the applicable fee required under section 146B.10. The
4.23application must contain:
4.24(1) the name of the owner and operator of the establishment;
4.25(2) the location of the establishment;
4.26(3) verification of compliance with all applicable local and state codes;
4.27(4) a description of the general nature of the business; and
4.28(5) any other relevant information deemed necessary by the commissioner.
4.29(b) Upon initial approval, the commissioner shall issue a provisional establishment
4.30license effective for one year from the date of issuance. Upon the approval of an
4.31application for renewal, the commissioner shall issue a new license effective for three
4.32years from the date of issuance.
4.33 Subd. 3. Inspection. (a) Within one year of the issuance of the provisional
4.34establishment license, and thereafter at least one time during each three-year licensure
4.35period, the commissioner shall conduct an inspection of the body art establishment and a
5.1review of any records necessary to ensure that the standards required under this chapter
5.2are met.
5.3(b) If the establishment seeking licensure is new construction or if a licensed
5.4establishment is remodeling, the establishment must meet all local building and zoning
5.5codes.
5.6(c) The commissioner shall have the authority to enter the premises to make the
5.7inspection. Refusal to permit an inspection constitutes valid grounds for licensure denial
5.8or revocation.
5.9 Subd. 4. Location restricted. No person may perform a body art procedure at
5.10any location other than a body art establishment licensed under this chapter except as
5.11permitted under subdivisions 8 and 9.
5.12 Subd. 5. Transfer and display of license. A body art establishment license must
5.13be issued to a specific person and location and is not transferable. A license must be
5.14prominently displayed in a public area of the establishment.
5.15 Subd. 6. Establishment information. The following information must be kept on
5.16file for two years on the premises of the establishment and must be made available for
5.17inspection upon request by the commissioner:
5.18(1) a description of all body art procedures performed by the establishment;
5.19(2) copies of the spore tests conducted on each sterilizer; and
5.20(3) the following information for each technician or guest artist employed or
5.21performing body art procedures in the establishment:
5.22(i) name;
5.23(ii) home address;
5.24(iii) home telephone number;
5.25(iv) date of birth;
5.26(v) copy of an identification photo; and
5.27(vi) license number or guest artist registration number.
5.28 Subd. 7. Establishments located in a private residence. If the body art
5.29establishment is located within a private residence, the space where the body art
5.30procedures are performed must be completely partitioned off and separate from the
5.31residential living, eating, and bathroom areas, and must meet the standards of this chapter.
5.32The space used for body procedures must be made available for inspection upon the
5.33request of the commissioner.
5.34 Subd. 8. Temporary events permit. (a) An owner or operator of a temporary
5.35body art establishment shall submit an application for a temporary events permit to the
5.36commissioner at least 14 days before the start of the event. The application must include
6.1the specific days and hours of operation. The owner or operator shall comply with the
6.2requirements of this chapter.
6.3(b) The temporary events permit must be prominently displayed in a public area
6.4at the location.
6.5(c) The temporary events permit, if approved, is valid for the specified dates and
6.6hours listed on the application. No temporary events permit shall be issued for longer than
6.7a 21-day period, and may not be renewed.
6.8 Subd. 9. Exception. (a) Any body art establishment located within a county or
6.9municipal jurisdiction that has enacted an ordinance that establishes licensure for body art
6.10establishments operating within the jurisdiction shall be exempt from this chapter if the
6.11provisions of the ordinance meet or exceed the provisions of this chapter. Any county or
6.12municipal jurisdiction that maintains an ordinance that meets this exception may limit the
6.13types of body art procedures that may be performed in body art establishments located
6.14within its jurisdiction.
6.15(b) A body art establishment license under this chapter is not required if the
6.16establishment is licensed as a salon under chapter 155A.
6.17 (c) Any individual performing body art procedures in an establishment that meets
6.18an exception under this subdivision must be licensed as a body art technician under this
6.19chapter.
6.20 Sec. 3. [146B.03] LICENSURE FOR BODY ART TECHNICIANS.
6.21 Subdivision 1. Licensure required. Effective January 1, 2011, no individual may
6.22perform body art procedures unless the individual holds a valid technician license issued
6.23by the commissioner under this chapter, except as provided in subdivision 3.
6.24 Subd. 2. Designation. No individual may use the title of "tattooist," "tattoo artist,"
6.25"body piercer," "body piercing artist," "body art practitioner," "body art technician," or
6.26other letters, words, or titles in connection with that individual's name which in any way
6.27represents that the individual is engaged in the practice of tattooing or body piercing, or
6.28authorized to do so, unless the individual is licensed and authorized to perform body
6.29art procedures under this chapter.
6.30 Subd. 3. Exceptions. (a) The following individuals may perform body art
6.31procedures within the scope of their practice without a technician's license:
6.32(1) a physician licensed under chapter 147;
6.33(2) a nurse licensed under sections 148.171 to 148.285;
6.34(3) a chiropractor licensed under chapter 148;
6.35(4) an acupuncturist licensed under chapter 147B;
7.1(5) a physician's assistant licensed under chapter 147A; or
7.2(6) a dental professional licensed under chapter 150A.
7.3(b) A guest artist under section 146B.04 may perform body art procedures in
7.4accordance with the requirements of section 146B.04.
7.5 Subd. 4. Licensure requirements. An applicant for licensure under this section
7.6shall submit to the commissioner on a form provided by the commissioner:
7.7(1) proof that the applicant is over the age of 18;
7.8(2) all fees required under section 146B.10;
7.9(3) proof of completing a minimum of 200 hours of supervised experience;
7.10(4) proof of having satisfactorily completed coursework approved by the
7.11commissioner on bloodborne pathogens, the prevention of disease transmission, infection
7.12control, cardiopulmonary resuscitation (CPR), first aid, and aseptic technique. Courses
7.13to be considered for approval by the commissioner may include, but are not limited to,
7.14those administered by one of the following:
7.15(i) the American Red Cross;
7.16(ii) United States Occupational Safety and Health Administration (OSHA); or
7.17(iii) the Alliance of Professional Tattooists; and
7.18(5) any other relevant information requested by the commissioner.
7.19 Subd. 5. Action on licensure applications. The commissioner shall notify the
7.20applicant in writing of the action taken on the application. If licensure is denied, the
7.21applicant must be notified of the determination and the grounds for it, and the applicant
7.22may request a hearing under chapter 14 on the determination by filing a written statement
7.23with the commissioner within 30 days after receipt of the notice of denial. After the
7.24hearing, the commissioner shall notify the applicant in writing of the decision.
7.25 Subd. 6. Licensure term; renewal. (a) A technician's license is valid for two
7.26years from the date of issuance and may be renewed upon payment of the renewal fee
7.27established under section 146B.10.
7.28(b) At renewal, a licensee must submit proof of continuing education approved by
7.29the commissioner in the areas identified in subdivision 4, clause (4).
7.30 Subd. 7. Temporary licensure. (a) The commissioner may issue a temporary
7.31license to an applicant who submits to the commissioner on a form provided by the
7.32commissioner:
7.33(1) proof that the applicant is over the age of 18;
7.34(2) all fees required under section 148B.10; and
7.35(3) a letter from a licensed technician who has agreed to provide the supervision to
7.36meet the supervised experience requirement under subdivision 4, clause (3).
8.1(b) Upon completion of the required supervised experience, the temporary
8.2licensee shall submit documentation of satisfactorily completing the requirements under
8.3subdivision 4, clauses (3) and (4), and the applicable fee under section 146B.10. The
8.4commissioner shall issue a new license in accordance with subdivision 4.
8.5(c) A temporary license issued under subdivision 7 is valid for one year and may be
8.6renewed for one additional year.
8.7 Subd. 8. License by reciprocity. The commissioner shall issue a technician's
8.8license to a person who holds a current license, certification, or registration from another
8.9state if the commissioner determines that the standards for licensure, certification, or
8.10registration in the other jurisdiction meets or exceeds the requirements for licensure stated
8.11in this chapter and a letter is received from that jurisdiction stating that the applicant
8.12is in good standing.
8.13 Subd. 9. Transfer and display of license. A license issued under this section is not
8.14transferable to another individual. A valid license must be displayed at the establishment
8.15site and available to the public upon request.
8.16 Subd. 10. Transition period. Until January 1, 2012, the supervised experience
8.17requirement under subdivision 4, clause (3), shall be waived by the commissioner if the
8.18applicant submits to the commissioner evidence satisfactory to the commissioner that the
8.19applicant has performed body art procedures for 2,080 hours within the last five years.
8.20 Sec. 4. [146B.04] TEMPORARY LICENSURE FOR GUEST ARTISTS.
8.21 Subdivision 1. General. Before an individual may work as a guest artist, the
8.22commissioner shall issue a temporary license to the guest artist. The guest artist shall
8.23submit an application to the commissioner on a form provided by the commissioner.
8.24The form must include:
8.25(1) the name, home address, and date of birth of the guest artist;
8.26(2) the name of the licensed technician sponsoring the guest artist;
8.27 (3) proof of having satisfactorily completed coursework approved by the
8.28commissioner on bloodborne pathogens, the prevention of disease transmission, infection
8.29control, cardiopulmonary resuscitation (CPR), first aid, and aseptic technique;
8.30(4) the starting and anticipated completion dates the guest artist will be working; and
8.31(5) a copy of any current body art credential or licensure issued by another local
8.32or state jurisdiction.
8.33 Subd. 2. Guest artists. A guest artist may not conduct body art procedures for more
8.34than 30 days per calendar year per licensed establishment. If the guest artist exceeds this
8.35time period, the guest artist must apply for a technician's license under section 146B.03.
9.1 Sec. 5. [146B.05] GROUNDS FOR DENIAL OF AN ESTABLISHMENT
9.2LICENSE OR EMERGENCY CLOSURE.
9.3 Subdivision 1. General. If any of the following conditions exist, the owner or
9.4operator of a licensed establishment may be ordered by the commissioner to discontinue
9.5all operations of a licensed body art establishment or the commissioner may refuse to
9.6grant or renew, suspend, or revoke licensure:
9.7(1) evidence of a sewage backup in an area of the body art establishment where
9.8body art activities are conducted;
9.9(2) lack of potable, plumbed, or hot or cold water to the extent that handwashing or
9.10toilet facilities are not operational;
9.11(3) lack of electricity or gas service to the extent that handwashing, lighting, or
9.12toilet facilities are not operational;
9.13(4) significant damage to the body art establishment due to tornado, fire, flood,
9.14or another disaster;
9.15(5) evidence of an infestation of rodents or other vermin;
9.16(6) evidence of any individual performing a body art procedure without a license as
9.17required under this chapter;
9.18(7) evidence of existence of a public health nuisance;
9.19(8) use of instruments or jewelry that are not sterile;
9.20(9) failure to maintain required records;
9.21(10) failure to use gloves as required;
9.22(11) failure to properly dispose of sharps, blood or body fluids, or items contaminated
9.23by blood or body fluids;
9.24(12) failure to properly report complaints of potential bloodborne pathogen
9.25transmission to the commissioner; or
9.26(13) evidence of a positive spore test on the sterilizer.
9.27 Subd. 2. Licensure or reopening requirements. Prior to license approval or
9.28renewal or the reopening of the establishment, the establishment shall submit to the
9.29commissioner satisfactory proof that the problem condition causing the need for the
9.30licensure action or emergency closure has been corrected or removed by the operator of
9.31the establishment. A body art establishment may not reopen without the written approval
9.32of the commissioner and a valid establishment license.
9.33 Sec. 6. [146B.06] HEALTH AND SAFETY STANDARDS.
10.1 Subdivision 1. Establishment standards. (a) Except as permitted under subdivision
10.22, the body art establishment must meet the health and safety standards in this subdivision
10.3before a licensed technician may conduct body art procedures at the establishment.
10.4(b) The procedure area must be separated from any other area that may cause
10.5potential contamination of work surfaces.
10.6(c) For clients requesting privacy, at a minimum, a divider, curtain, or partition must
10.7be provided to separate multiple procedure areas.
10.8(d) All procedure surfaces must be smooth, nonabsorbent, and easily cleanable.
10.9(e) The establishment must have a readily accessible hand sink equipped with:
10.10(1) potable hot and cold running water under pressure;
10.11(2) liquid hand soap;
10.12(3) single-use paper towels or a mechanical hand drier or blower; and
10.13(4) a garbage can with a foot-operated lid or with no lid and a removable liner.
10.14(f) All ceilings in the body art establishment must be in good condition.
10.15(g) All walls and floors must be free of open holes or cracks and be washable and no
10.16carpeting may be in areas used for procedures other than tattooing. Carpeting may be in
10.17areas used exclusively for tattooing if the carpet is clean and unstained.
10.18(h) All facilities within the establishment must be maintained in a clean and sanitary
10.19condition and in good working order.
10.20 (i) No animals may be present during a body art procedure, unless the animal is a
10.21service animal.
10.22 Subd. 2. Establishment exception. Any establishment that is operating as a body
10.23art establishment on August 1, 2010, may request an exemption from any of the health and
10.24safety standards required under subdivision 1 that would require remodeling in order to
10.25comply. The request for an exemption shall be submitted in writing to the commissioner,
10.26and shall not be considered final until notification is received from the commissioner
10.27that the exemption is approved.
10.28 Subd. 3. Standards for equipment, instruments, and supplies. (a) Equipment,
10.29instruments, and supplies must comply with the health and safety standards in this
10.30subdivision before a licensed technician may conduct body art procedures.
10.31(b) Jewelry used as part of a body art procedure must be made of surgical
10.32implant-grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium,
10.33titanium, or platinum, or a dense low-porosity plastic. Use of jewelry that is constructed
10.34of wood, bone, or other porous material is prohibited.
10.35(c) Jewelry used as part of a body art procedure must be free of nicks, scratches, or
10.36irregular surfaces and must be properly sterilized before use.
11.1(d) Reusable instruments must be thoroughly washed to remove all organic matter,
11.2rinsed, and sterilized before and after use.
11.3(e) Needles must be single-use needles and sterilized before use.
11.4(f) Sterilization must be conducted using steam heat or chemical vapor.
11.5(g) All sterilization units must be operated according to the manufacturer's
11.6specifications.
11.7(h) At least once a month, but not to exceed 30 days between tests, a spore test must
11.8be conducted on each sterilizer used to ensure proper functioning. If a positive spore test
11.9result is received, the sterilizer at issue may not be used until a negative result is obtained.
11.10(i) All inks and other pigments used in a body art procedure must be specifically
11.11manufactured for tattoo procedures.
11.12(j) Immediately before applying a tattoo, the quantity of the ink needed must be
11.13transferred from the ink bottle and placed into single-use paper or plastic cups immediately
11.14before applying the tattoo. Upon completion of the tattoo, the single-use cups and their
11.15contents must be discarded.
11.16(k) All tables, chairs, furniture, or other procedure surfaces that may be exposed
11.17to blood or body fluids during the body art procedure must be cleanable and must be
11.18sanitized after each client with a liquid chemical germicide.
11.19(l) Single-use towels or wipes must be provided to the client. These towels must be
11.20dispensed in a manner that precludes contamination and disposed of in a washable garbage
11.21container with a foot-operated lid or with no lid and a removal liner.
11.22(m) All bandages and surgical dressings used must be sterile or bulk-packaged
11.23clean and stored in a clean, closed container.
11.24(n) All equipment and instruments must be maintained in good working order and in
11.25a clean and sanitary condition.
11.26(o) All instruments and supplies must be stored clean and dry in covered containers.
11.27(p) Single-use disposable barriers must be provided on all equipment that cannot be
11.28sterilized as part of the procedure as required under this section including, but not limited
11.29to, spray bottles, procedure light fixture handles, and tattoo machines.
11.30 Subd. 4. Standards for body art procedures. (a) All body art procedures must
11.31comply with the health and safety standards in this subdivision.
11.32(b) The skin area subject to a body art procedure must be thoroughly cleaned
11.33with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only
11.34single-use towels or wipes may be used to clean the skin.
11.35(c) Whenever it is necessary to shave the skin, a new disposable razor must be
11.36used for each client and disposed after use.
12.1(d) No body art procedure may be performed on any area of the skin where there is
12.2an evident infection, irritation, or open wound.
12.3(e) Single-use nonabsorbent gloves of adequate size and quality to preserve dexterity
12.4must be used for touching clients, for handling sterile instruments, or for handling blood
12.5or body fluids. Nonlatex gloves must be used with clients or employees who request
12.6them or when petroleum products are used. Gloves must be changed if a glove becomes
12.7damaged or comes in contact with any nonclean surface or objects or with a third person.
12.8At a minimum, gloves must be discarded after the completion of a procedure on a client.
12.9Hands and wrists must be washed before putting on a clean pair of gloves and after
12.10removing a pair of gloves.
12.11 Subd. 5. Standards for technicians. (a) Technicians must comply with the health
12.12and safety standards in this subdivision.
12.13(b) Technicians must scrub their hands and wrists thoroughly before and after
12.14performing a body art procedure, after contact with the client receiving the procedure,
12.15and after contact with potentially contaminated materials.
12.16(c) A technician may not smoke, eat, or drink while performing body art procedures.
12.17(d) A technician may not perform a body art procedure if the technician has any open
12.18sores visible or in a location that may come in contact with the client.
12.19 Subd. 6. Contamination standards. (a) Infectious waste and sharps must be
12.20managed according to sections 116.76 to 116.83 and must be disposed of by an approved
12.21infectious waste hauler at a site permitted to accept the waste, according to Minnesota
12.22Rules, parts 7035.9100 to 7035.9150. Sharps ready for disposal must be disposed of
12.23in an approved sharps container.
12.24(b) Contaminated waste that may release liquid blood or body fluids when
12.25compressed or that may release dried blood or body fluids when handled must be placed in
12.26an approved red bag that is marked with the international biohazard symbol.
12.27(c) Contaminated waste that does not release liquid blood or body fluids when
12.28compressed or handled may be placed in a covered receptacle and disposed of through
12.29normal approved disposal methods.
12.30(d) Storage of contaminated waste onsite must not exceed the period specified by
12.31Code of Federal Regulations, title 29, section 1910.1030.
12.32 Sec. 7. [146B.07] PROFESSIONAL STANDARDS.
12.33 Subdivision 1. Standard practice. (a) A technician shall require proof of age
12.34before performing any body art procedure on a client. Proof of age must be established
12.35by one of the following methods:
13.1(1) a valid driver's license or identification card issued by the state of Minnesota or
13.2another state that includes a photograph and date of birth of the individual;
13.3(2) a valid military identification card issued by the United States Department of
13.4Defense;
13.5(3) a valid passport;
13.6(4) a resident alien card; or
13.7(5) a tribal identification card.
13.8(b) No technician shall perform a body art procedure on any individual under the
13.9age of 18 years unless the individual provides a notarized written consent of a parent or
13.10legal guardian or the individual's parent or legal guardian is present and a consent form is
13.11signed by a parent or legal guardian in the presence of the technician. The consent must
13.12include both the custodial and noncustodial parents, where applicable.
13.13(c) Before performing any body art procedure, the technician must provide the client
13.14with a disclosure and authorization form that indicates whether the client has:
13.15(1) diabetes;
13.16(2) a history of hemophilia;
13.17(3) a history of skin diseases, skin lesions, or skin sensitivities to soap or
13.18disinfectants;
13.19(4) a history of epilepsy, seizures, fainting, or narcolepsy;
13.20(5) any condition that requires the client to take medications such as anticoagulants
13.21that thin the blood or interfere with blood clotting; or
13.22(6) any other information that would aid the technician in the body art procedure
13.23process evaluation.
13.24The technician shall ask the client to sign and date the disclosure and authorization form
13.25confirming that the information listed on the form was provided.
13.26(d) No technician shall perform body art procedures on any individual who appears
13.27to be under the influence of alcohol, controlled substances as defined in section 152.01,
13.28subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.
13.29(e) No technician shall perform body art procedures while under the influence of
13.30alcohol, controlled substances as defined under section 152.01, subdivision 4, or hazardous
13.31substances as defined in the rules adopted under chapter 182.
13.32(f) No technician shall administer anesthetic injections or other medications.
13.33(g) Before performing any body art procedure, the technician shall offer and make
13.34available to the client personal draping, as appropriate.
14.1 Subd. 2. Informed consent. Before performing a body art procedure, the technician
14.2shall obtain from the client a signed and dated informed consent form. The consent form
14.3must disclose:
14.4(1) that a tattoo is considered permanent and may only be removed with a surgical
14.5procedure and that any effective removal may leave scarring; and
14.6(2) that a piercing may leave scarring.
14.7 Subd. 3. Client record maintenance. For each client, the body art establishment
14.8operator shall maintain proper records of each procedure. The records of the procedure
14.9must be kept for two years and must be available for inspection by the commissioner upon
14.10request. The record must include the following:
14.11(1) the date of the procedure;
14.12(2) the information on the required picture identification showing the name, age,
14.13and current address of the client;
14.14(3) a copy of the release form signed and dated by the client required under
14.15subdivision 1, paragraph (c);
14.16(4) a description of the body art procedure performed;
14.17(5) the name and license number of the technician performing the procedure;
14.18(6) a copy of the consent form required under subdivision 2; and
14.19(7) if the client is under the age of 18 years, a copy of the consent form signed by the
14.20parent or legal guardian as required under subdivision 1.
14.21 Subd. 4. Aftercare. A technician shall provide each client with verbal and
14.22written instructions for the care of the tattooed or pierced site upon the completion of
14.23the procedure. The written instructions must advise the client to consult a health care
14.24professional at the first sign of infection.
14.25 Subd. 5. State, county, and municipal public health regulations. An operator
14.26and technician shall comply with all applicable state, county, and municipal requirements
14.27regarding public health.
14.28 Subd. 6. Notification. The operator of the body art establishment shall immediately
14.29notify the commissioner or local health authority of any reports they receive of a potential
14.30bloodborne pathogen transmission.
14.31 Sec. 8. [146B.08] INVESTIGATION PROCESS AND GROUNDS FOR
14.32DISCIPLINARY ACTION.
14.33 Subdivision 1. Investigations of complaints. The commissioner may initiate an
14.34investigation upon receiving a signed complaint or other signed written communication
14.35that alleges or implies that an individual or establishment has violated this chapter.
15.1According to section 214.13, subdivision 6, in the receipt, investigation, and hearing of a
15.2complaint that alleges or implies an individual or establishment has violated this chapter,
15.3the commissioner shall follow the procedures in section 214.10.
15.4 Subd. 2. Rights of applicants and licensees. The rights of an applicant denied
15.5licensure are stated in section 146B.03, subdivision 5. A licensee may not be subjected to
15.6disciplinary action under this section without first having an opportunity for a contested
15.7case hearing under chapter 14.
15.8 Subd. 3. Grounds for disciplinary action by commissioner. The commissioner
15.9may take any of the disciplinary actions listed in subdivision 4 on proof that a technician
15.10or an operator of an establishment has:
15.11(1) intentionally submitted false or misleading information to the commissioner;
15.12(2) failed, within 30 days, to provide information in response to a written request by
15.13the commissioner;
15.14(3) violated any provision of this chapter;
15.15(4) failed to perform services with reasonable judgment, skill, or safety due to the
15.16use of alcohol or drugs, or other physical or mental impairment;
15.17(5) aided or abetted another person in violating any provision of this chapter;
15.18(6) been or is being disciplined by another jurisdiction, if any of the grounds for the
15.19discipline are the same or substantially equivalent to those under this chapter;
15.20(7) not cooperated with the commissioner in an investigation conducted according to
15.21subdivision 1;
15.22(8) advertised in a manner that is false or misleading;
15.23(9) engaged in conduct likely to deceive, defraud, or harm the public;
15.24(10) demonstrated a willful or careless disregard for the health, welfare, or safety
15.25of a client;
15.26(11) obtained money, property, or services from a client through the use of undue
15.27influence, harassment, duress, deception, or fraud;
15.28(12) failed to refer a client to a health care professional for medical evaluation or
15.29care when appropriate; or
15.30(13) been convicted of a felony-level criminal sexual conduct offense. "Conviction"
15.31means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.
15.32 Subd. 4. Disciplinary actions. If the commissioner finds that a technician or
15.33an operator of an establishment should be disciplined according to subdivision 3, the
15.34commissioner may take any one or more of the following actions:
15.35(1) refuse to grant or renew licensure;
15.36(2) suspend licensure for a period not exceeding one year;
16.1(3) revoke licensure;
16.2(4) take any reasonable lesser action against an individual upon proof that the
16.3individual has violated this chapter; or
16.4(5) impose, for each violation, a civil penalty not exceeding $10,000 that deprives
16.5the licensee of any economic advantage gained by the violation and that reimburses the
16.6department for costs of the investigation and proceedings resulting in disciplinary action,
16.7including the amount paid for services of the Office of Administrative Hearings, the
16.8amount paid for services of the Office of the Attorney General, attorney fees, court
16.9reporters, witnesses, reproduction of records, department staff time, and expenses incurred
16.10by department staff.
16.11 Subd. 5. Consequences of disciplinary actions. Upon the suspension or revocation
16.12of licensure, the technician or establishment shall cease to:
16.13(1) perform body art procedures;
16.14(2) use titles protected under this chapter; and
16.15(3) represent to the public that the technician or establishment is licensed by the
16.16commissioner.
16.17 Subd. 6. Reinstatement requirements after disciplinary action. A technician
16.18who has had licensure suspended may petition on forms provided by the commissioner
16.19for reinstatement following the period of suspension specified by the commissioner. The
16.20requirements of section 146B.03 for renewing licensure must be met before licensure
16.21may be reinstated.
16.22 Sec. 9. [146B.09] COUNTY OR MUNICIPAL REGULATION.
16.23Nothing in this chapter preempts or supersedes any county or municipal ordinance
16.24relating to land use, building and construction requirements, nuisance control, or the
16.25licensing of commercial enterprises in general.
16.26 Sec. 10. [146B.10] FEES.
16.27 Subdivision 1. Biennial licensing fees. (a) The fee for the initial technician
16.28licensure and biennial licensure renewal is $.......
16.29(b) The fee for temporary technician licensure is $......
16.30(c) The fee for the temporary guest artist license is $.......
16.31(d) The fee for a provisional establishment license is $.......
16.32(e) The fee for an establishment license is $.......
16.33(f) The fee for a temporary body art establishment permit and renewal is $.......
17.1 Subd. 2. Penalty for late renewals. The penalty fee for late submission for renewal
17.2applications is $.......
17.3 Subd. 3. Deposit. Fees collected by the commissioner under this section must be
17.4deposited in the state government special revenue fund.
17.5 Sec. 11. Minnesota Statutes 2008, section 325F.814, subdivision 1, is amended to read:
17.6 Subdivision 1. Prohibition. No person may provide body piercing
17.7person under the age of 18 without the notarized written consent of a parent or legal
17.8guardian or the parent or legal guardian is present and a consent form is signed by a
17.9parent or legal guardian in the presence of the person performing the body piercing.
17.10The consent must include both the custodial and noncustodial parents, where applicable.
17.11
17.12
17.13 Sec. 12. Minnesota Statutes 2008, section 609.2246, subdivision 1, is amended to read:
17.14 Subdivision 1. Requirements. No person under the age of 18 may receive a tattoo
17.15unless the person provides a notarized written
17.16legal guardian or the parent or legal guardian is present and a consent form is signed by a
17.17parent or legal guardian in the presence of the person performing the tattoo. The consent
17.18must include both the custodial and noncustodial parents, where applicable.
17.19 Sec. 13. EFFECTIVE DATE.
17.20Sections 1 to 12 are effective August 1, 2010.