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Tattoo & Piercing Laws - United States - Alabama
Back to United States Tattoo & Piercing Laws
Body Art Practice and Facilities 420-3-23
1
RULES FOR BODY ART PRACTICE AND FACILITIES
420-3-23
Table of Contents
420-3-23-.01 General Provisions
420-3-23-.02 Definitions
420-3-23-.03 Body Art Operator Requirements and
Professional Standards
420-3-23-.04 Exemptions
420-3-23-.05 Client Information and Site Care
Information
420-3-23-.06 Client Health
420-3-23-.07 Records Retention
420-3-23-.08 Preparation and Care of the Body Art Area
420-3-23-.09 Sanitization and Sterilization Procedures
420-3-23-.10 Inks, Dyes, Pigments, Needles, and
Equipment
420-3-23-.11 Single-use Items
420-3-23-.12 Physical Facilities
420-3-23-.13 Licenses and Permits
420-3-23-.14 Temporary Establishment License or
Operator Permit
420-3-23-.15 Prohibitions
420-3-23-.16 Compliance and Enforcement
420-3-23-.17 Department Personnel Competency
Requirement
420-3-23-.18 Repealer
Body Art Practice and Facilities 420-3-23
2
420-3-23-.01 General Provisions.
(1) Purpose – The purpose of these rules is to
protect the health of the public by
establishing standards for the prevention of disease
that may be associated with tattooing, body
piercing, and branding. These rules shall be
interpreted and applied to protect the public
health.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.02 Definitions.
(1) "Biohazard waste" means any liquid
or semi-liquid blood or other potentially
infectious materials; contaminated items that would
release blood or other potentially infectious
materials in a liquid or semi-liquid 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.
(2) "Body art" means the practice of
physical body adornment using invasive
procedures and, for the purpose of these rules, is an
inclusive term for any procedures utilizing
body piercing, tattooing, cosmetic tattooing, branding
or scarification. Physicians licensed by
the Alabama Licensure Commission and who perform body
art procedures as part of patient
treatment are exempt from these rules. Nor does this
definition include, for the purposes of
these rules, piercing of the ear using pre-sterilized
single use stud and clasp ear piercing
systems.
(3) "Body art facility" or "Tattoo
facility" means the geographic location at
which an
individual does one or more of the following for
compensation:
(a) Places an indelible mark upon the body of another
individual by the insertion of a
pigment in or under the skin.
(b) Places an indelible design upon the body of
another individual by production of
scars (branding).
(c) Performs body piercing.
(4) "Body piercing" means the
perforation of human tissue other than ear for a
nonmedical purpose.
(5) "Branding" means a permanent mark
made on human tissue by burning with a hot
iron or other instrument.
(6) "Clean technique" means the
technique used to prevent or reduce the
transmission of microorganisms from one person to
another or from one place to another. It
includes, but is not limited to:
Body Art Practice and Facilities 420-3-23
3
(a) Meticulous handwashing with soap and water;
(b) Maintaining the sterility of supplies;
(c) Using barriers; in particular, clean, disposable,
single-use gloves;
(d) Proper cleaning and preparation of the body site
area; and
(e) Maintaining a clean and sanitary environment by
using a detergent to remove soil
and a disinfectant agent to clean up a spill of blood
or other potentially infectious materials.
(7) "Cosmetic tattooing" means a tattoo
procedure designed primarily to place a
permanent color or pigment in or under the skin or
mucosa and that is intended to be used in
lieu of cosmetic make-up, such as permanent eyeliner
or lip color.
(8) "Critical item" means:
(a) a provision of these rules that, if in
non-compliance, has the potential for immediate
impact on the public health by resulting in infection
of either clients or staff of a body art facility,
or disease transmission among clients or staff of a
body art facility, or
(b) an administrative provision of these rules that is
necessary to ascertain the
likelihood of infection or disease transmission among
clients or staff of a body art facility or to
inform the public, and
(c) are referred to in Appendix A of these rules.
(9) "Department" means the State
Department of Public Health.
(10) "Disinfectant " means an agent that
destroys microorganisms, particularly
pathogenic microorganisms.
(a) These can be disinfectants or sanitizers that are
registered with the U.S.
Environmental Protection Agency (EPA). Household
bleach (sodium hypochlorite) with no
fragrance or other additives may also be used as a
germicide.
(b) Over-the-counter pre-mixed bleach products can be
used or a 1:100 dilution of
household chlorine bleach (5.25% sodium hypochlorite)
can be made fresh daily and dispensed
from a spray bottle (500ppm, 1/4 cup per gallon of
water or 2 tablespoons per quart of water).
(11) "Disinfection" means a process that
eliminates many or all pathogenic
microorganisms, with the exception of bacterial
spores, on inanimate objects, thereby rendering
them safe for use or handling.
Body Art Practice and Facilities 420-3-23
4
(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 facility.
(13) "Handwashing sink" means a lavatory
equipped with hot and cold running water
under pressure, through a mixing valve, used solely
for washing hands, arms or other portions
of the body.
(14) "Hot water" means water which
attains and maintains a temperature of at least
100º F.
(15) "Informed consent" means a written
consent signed by the client prior to having
any body art procedure performed and which provides
information and/or counseling on risks
and possible complications of the procedure to be
performed.
(16) "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 possible exposure to bodily
fluids during body art procedures.
(17) "Invasive" means entry into the
body either by incision or insertion of an
instrument into or through the skin or mucosa, or by
any other means intended to puncture,
break or compromise the skin or mucosa.
(18) "Jewelry" means any personal
ornament inserted into a newly pierced area.
Jewelry for body piercing use shall be made of
surgical implant grade stainless steel; solid 14k
or 18k white or yellow gold; niobium, titanium, or
platinum; which is free of nicks, scratches, or
irregular surfaces; has been properly sterilized prior
to use, and has not been previously used.
The Department may approve other materials upon
request and review.
(19) "License" means the written
document issued by the Department for the
operation of a tattoo facility. Approval is given in
accordance with these rules and is separate
from any other licensing requirement of any local
laws, rules, or ordinances.
(20) "Minor" means an individual under
18 years of age who is not emancipated. An
emancipated minor is or has been married or has by
court order otherwise been legally freed
from the care, custody, and control of his or her
parents.
(21) "Operator" means any person who
controls, operates, manages, conducts, or
practices body art activities at a body art facility
and who is responsible for compliance with
these rules, whether actually performing body art
activities or not. The term includes
technicians or apprentices who work under the operator
and perform body art activities.
(22) "Permit" means the written document
issued by the Department to an individual
denoting that the individual has received training as
specified in these rules. The permit is
given in accordance with these rules and is separate
from any other licensing requirement of
these rules for the body art facility or any local
laws, rules, or ordinances.
Body Art Practice and Facilities 420-3-23
5
(23) "Person" means an individual, any
form of business or social organization or any
other non-governmental legal entity including but not
limited to a corporation, partnership,
limited liability company, association, trust or
unincorporated organization.
(24) "Physician" means a person licensed
by the Alabama Licensure Commission to
practice medicine in all its branches.
(25) "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.
(26) "Sanitize/sanitization procedure" means
a process of using a disinfectant to
reduce the numbers of microorganisms on cleaned
surfaces and equipment to a safe level.
(27) "Shall" means a mandatory
requirement.
(28) "Sharps" means any object (sterile
or contaminated) that may purposefully or
accidentally cut or penetrate the skin or mucosa
including, but not limited to, pre-sterilized,
single use needles, scalpel blades and razor blades.
(29) "Sharps container" means
puncture-resistant, leak-proof container that can be
closed for handling, storage, transportation and
disposal and is labeled with the International
Biohazard Symbol.
(30) "Single-use" means products or
items that are intended for one-time, one-person
use and are disposed of after use on each client. This
includes, but is not limited to, cotton
swabs or balls, tissues or paper products, paper or
plastic cups, gauze and sanitary coverings,
razors, piercing needles, tattoo needles, scalpel
blades, stencils, ink cups and protective
gloves.
(31) "Site care" means written
instructions on caring for the body art and
surrounding
area given to the client, and specific to the body art
procedure(s) rendered.
(32) "Sterilization" means the complete
elimination or destruction of all forms of
microbial life, including highly resistant bacterial
spores and is accomplished by the use,
according to manufacturer’s directions, of a
properly functioning autoclave or dry heat sterilizer
that is manufactured to be used for sterilization.
(33) "Tattoo" means an indelible mark
made upon the body of another individual by
the insertion of a pigment in or under the skin or an
indelible design upon the body of another
individual by production of scars other than by
branding.
(34 ) "Tattoo facility" means a facility
as defined under "Body art facility" in this
rule.
Body Art Practice and Facilities 420-3-23
6
(35) "Tattooing" means any method of
placing ink or other pigment into or under the
skin or mucosa of another individual by the aid of
needles or any other instrument used to
puncture the skin, resulting in permanent coloration
of the skin or mucosa. This includes all
forms of cosmetic tattooing.
(36) "Temporary body art facility" means
any place or premise operating at a non-mobile,
fixed location where an operator performs body art
procedures for no more than 14
days consecutively in conjunction with a single event
or celebration.
(37) "Universal precautions" or
"Standard precautions" means a set of
guidelines
and controls established by the Center for Disease
Control and Prevention (CDC) for the
prevention of transmission of bloodborne pathogens
(specifically; the human immunodeficiency
virus (HIV), hepatitis B virus (HBV), and hepatitis C
virus (HCV)).
(a) This method of infection control requires the
employer and employee to assume that
all human blood and body fluids are potentially
infectious.
(b) Precautions include hand washing, gloving,
personal protective equipment, injury
prevention, and proper handling and disposal of
needles, other sharp instruments, and blood
and body fluid-contaminated products.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.03 Body art operator requirements and
professional standards.
(1) Licensed facility required – Except as
otherwise allowed in these rules, all body
art procedures shall be performed in a body art
facility which has a current, valid license issued
by the Department.
(2) Consent age -
(a) No person shall perform any body art procedure
upon a minor unless the person
obtains the prior, written, informed consent of the
parent or legal guardian of the minor, as
shown in Appendix B, Consent for Minor.
(b) The parent or legal guardian of the minor shall
execute the written informed consent
required in this rule in the presence of the
individual performing the body art procedure on the
minor, or in the presence of an employee or agent of
that individual.
(c) Nothing in this section is intended to require
an operator to perform any body art
procedure on a minor with parental or guardian
consent.
(3) Clients under the influence - A person shall
not perform any body art procedure
upon another individual if, in the opinion of the
operator, the other individual, or the consenting
parent or guardian, is under the influence of
intoxicating liquor or a controlled substance.
Body Art Practice and Facilities 420-3-23
7
(4) Gloves -
(a) The operator shall wear clean, intact, single-use
gloves when performing body art
procedures.
(b) Under no circumstances shall a single pair of
gloves be used on more than one
person. Gloves shall be changed if they become
contaminated by contact with any non-clean
surfaces or objects or contact with a third person.
The gloves shall be discarded at a minimum
after the completion of each procedure on an
individual client and hands washed prior to
donning the next set of gloves.
(c) The use of single-use gloves does not preclude or
substitute for hand washing
procedures as part of a good personal hygiene program.
(d) If, while performing a body art procedure the
operator's glove is pierced, torn or
otherwise contaminated, the contaminated glove shall
be immediately discarded and the hands
washed thoroughly (see section (5)(b) of this rule)
before a new pair of gloves is applied. Any
item or instrument used for body art, which is
contaminated during the procedure, shall be
discarded and replaced immediately with a new
disposable or sterilized item or a new sterilized
instrument before the procedure resumes.
(5) Hygienic practices –
(a) The operator or technician shall maintain a high
degree of personal cleanliness,
conform to hygienic practices, and wear clean clothes
when performing body art procedures.
(b) Before performing body art procedures, the
operator or technician must thoroughly
wash their hands in hot running water with liquid
soap, then rinse hands and dry with disposable
paper towels. This shall be done as often as necessary
to remove contaminants. Disposable
liquid soap dispensers shall not be refilled.
(c) Smoking, eating or drinking by anyone is
prohibited in the work area where body art
is performed.
(6) Operator information required - The following
information shall be kept on file on
the premises of a body art facility and available for
inspection by the Department:
(a) Full name and exact duties of each body art
operator/technician;
(b) Date of birth of each body art
operator/technician;
(c) Gender of each body art operator/technician;
(d) Home address of each body art operator/technician;
(e) Identification photos of each body art
operator/technician;
(f) Social security number of each body art
operator/technician. Except that, refusal
by the employee to give the social security number
will not result in denial of any right, privilege
or benefit.
Body Art Practice and Facilities 420-3-23
8
(7) Procedures information required - A complete
listing of all body art procedures
performed shall be kept on file on the premises of a
body art facility and available for inspection
by the Department.
(8) Inventory information required - An inventory
of all instruments and body jewelry,
all sharps, and all inks used for any and all body art
procedures, including names of
manufacturers and serial or lot numbers, if
applicable, shall be kept on file on the premises of a
body art facility and available for inspection by the
Department. Invoices or orders shall satisfy
this requirement.
(9) Biohazard waste and sharps disposal –
(a) Biohazard waste, as defined in these rules, shall
be disposed in accordance with all
applicable local, state, and federal laws, rules, and
ordinances, to include, at a minimum, 29
CFR Part 1910.1030, Occupational Exposure to
Bloodborne Pathogens.
(b) Waste which does not release liquid blood or body
fluids when compressed or does
not release dried blood or body fluids when handled
may be placed in a covered receptacle and
disposed through normal, approved disposal methods.
Storage of such waste on-site shall not
exceed the period specified by the Department or more
than a maximum of 30 days, as
specified in 29 CFR Part 1910.1030 whichever is less.
(c) Sharps ready for disposal shall be disposed of in
approved biohazard sharps
containers.
(10) Skin condition of clients and operators -
(a) Any skin or mucosa surface to receive a body art
procedure shall be free of rash or
any visible infection.
(b) The skin of the operator shall be free of rash or
infection. No person or operator
affected with boils, infected wounds, open sores,
abrasions, or weeping dermatological lesions
shall work in any area of a body art facility in any
capacity in which there is a likelihood that they
could contaminate body art equipment, supplies or
working surfaces with body substances or
pathogenic organisms.
(11) Hepatitis B vaccination - Proof shall be
provided upon request of the
Department that all operators and technicians have
either completed or were offered and
declined, in writing, the hepatitis B vaccination
series. This offering should be included as a
pre-employment requirement. Documentation of immunity,
based on a blood test of the
operator, in written form and from an approved
laboratory, may be used for this requirement of
proof.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
Body Art Practice and Facilities 420-3-23
9
420-3-23-.04 Exemptions.
(1) Physicians - Physicians licensed by the State
of Alabama who perform body art
procedures as part of patient treatment are exempt
from these rules.
(2) Ear piercing - Ear piercing is exempt from
these rules. This does not prohibit the
Department from investigating consumer complaints
relating to alleged misuse or improper
disinfection of ear piercing systems.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.05 Client information and site care
information.
(1) Information given prior to a procedure -
(a) Body art facilities shall prominently display a
Disclosure Statement which advises
the public of the risks and possible consequences of
body art services. The Disclosure
Statement shall be posted in a conspicuous place in
the facility’s waiting or general public area,
and easily seen by potential clients wanting to
receive a body art procedure.
(b) The Disclosure Statement shall include, at a
minimum, the following wording in bold
type:
"There may be risks associated with the
procedures of commercial body art which
includes permanent tattoos, body piercing and
permanent cosmetic application, that may
adversely affect the healing process, or may be a
concern due to potential disease
transmission, if you have, or have had, any of the
following conditions:
a. History of Hepatitis B or Hepatitis C;
b. HIV/AIDS;
c. Diabetes;
d. History of hemophilia or any other blood
disorder/disease;
e. History of skin diseases or skin lesions;
f. History of sensitivities to soaps, disinfectants,
etc.;
g. History of allergies or adverse reactions to
pigments, dyes, latex, etc.;
h. Tuberculosis;
i. Immune disorders;
j. History of epilepsy, seizures, fainting, or
narcolepsy;
k. Scarring (keloids);
l. History of heart murmur or any heart
disease/condition;
m. History of taking medications such as
anticoagulants that thin the blood and/or
interferes with blood clotting;
n. Pregnancy or breast feeding/nursing."
(c) In the event a body piercing procedure is to be
performed which involves the oral
area ("oral piercing"), the client should be
given oral piercing information such as shown in
Body Art Practice and Facilities 420-3-23
10
Appendix C.
(2) Site care information - A written information
sheet, shown in Appendix D, with
instructions for general site care which shall be
provided as a minimum to each client. The
facility may provide additional information as it
deems appropriate. The body art procedure site
care information shall be provided to each client by
the operator upon completion of the
procedure. The written information sheet shall also
contain the name, address and phone
number of the body art facility.
(b) The written information shall advise the client to
consult a physician at the first sign
of infection; such as redness, swelling, drainage,
prolonged pain at the body art procedure site,
or onset of fever.
(3) Reporting known infections, complications, or
diseases required - A person
who owns or operates a licensed tattoo facility shall,
within 24 hours of becoming aware that an
individual tattooed, branded, or body pierced at the
tattoo facility is infected with a
communicable disease, notify the department or a local
county health department.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.06 Client health.
(1) Client health medical information form -
(a) In order for the operator or technician to
properly evaluate the client's medical
condition prior to receiving a body art procedure and
not violate the client's rights or confidential
medical information, a written request for medical
information shall be given to the client. The
request for medical information shall include, at a
minimum, the conditions noted on the Model
Medical History shown in Appendix E.
(b) The operator should ask the client to sign this
form confirming that the information
was obtained or attempted to be obtained.
(c) This form shall be signed and dated by both
parties, with a copy given to the client
and the operator retaining the original with all other
required records.
(d) Nothing in this rule shall be construed to require
the operator to perform a body art
procedure upon a client.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.07 Records retention.
Body Art Practice and Facilities 420-3-23
11
(1) Client records required - The body art
facility shall keep a record of all persons
who have had body art procedures performed. The record
shall include the name, date of birth,
and address of the client, the date of the procedure,
name of operator who performed the
procedure(s), type and locations of procedure(s)
performed, signature of client and if the client
is a minor, proof of parental or guardian consent,
that is, signature.
(2) Record retention time - Such records, any
release forms, and all materials signed
by the client, shall be retained permanently and made
available to the Department upon
request. The records for the previous three years
shall be kept on the premises of the body art
facility; records older than three years may be kept
offsite provided they are readily accessible
upon request of the Department. The Department and the
body art facility shall keep such
records confidential.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.08 Preparation and care of the body art
area.
(1) Skin preparation - If shaving is necessary,
single use disposable razors with
single service blades shall be used and discarded
after each use. Following shaving, the skin
and surrounding area shall be cleaned with soap and
water or an approved surgical skin
preparation, depending on the type of body art to be
performed. When shaving is not done,
the immediate and surrounding area of the skin where
the body art procedure is to be placed
shall be cleaned with soap and water or an approved
surgical skin preparation. Cleansing pads
shall be discarded after a single use.
(2) Supplies contaminated with blood - In the
event of blood flow, all products used
to check the flow of blood or to absorb blood shall be
single-use and disposed of immediately
after use in appropriate covered containers, unless
the disposal products meet the definition of
biomedical waste. 420-3-23-.09 Sanitation and
sterilization procedures.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.09 Sanitation and sterilization procedures.
(1) Instrument cleaning - All non-single use,
non-disposable instruments used for
body art shall be cleaned thoroughly after each use by
scrubbing with an appropriate soap or
detergent solution and hot water or follow the
manufacturer's instructions to remove blood and
tissue residue, and placed in an ultrasonic unit which
shall also be operated in accordance with
manufacturer's instructions.
(2) Instruments packaged following cleaning - After
cleaning, all non-disposable
instruments used for body art shall be packaged
individually in peel-packs and subsequently
Body Art Practice and Facilities 420-3-23
12
sterilized. All peel-packs shall contain either a
sterilizer indicator or internal temperature
indicator. Peel-packs must be dated and may be used as
long as the package integrity has not
been breached.
(3) Instrument sterilization -
(a) All cleaned, non-disposable instruments and
jewelry used for body art shall be
sterilized in a steam autoclave or dry heat
sterilizer. Equipment used for sterilization shall be
used, cleaned, and maintained according to the
manufacturer's instructions. A copy of the
manufacturer's recommended procedures for the
operation of their sterilization unit must be
available for inspection by the Department.
(b) The use of equipment not specifically designed for
medical instrument sterilization,
such as, but not limited to, food pressure cookers,
microwave ovens, and baking ovens, is
prohibited.
(4) Package integrity - Sterile equipment shall
not be used if the package integrity has
been breached. If the package integrity is breached,
the equipment shall be removed from the
package, and cleaned and sterilized as required in
sections (1) and (2) of this rule.
(5) Location of sterilizers, when required - Sterilizers
shall be located away from
work stations or areas frequented by the public. If
the body art facility uses all single use,
disposable instruments and products, and utilizes
sterile supplies, an autoclave shall not be
required.
(6) Sterilizer efficacy testing - Each holder of a
license to operate a body art facility
shall demonstrate that the sterilizer used is capable
of attaining sterilization by conducting
monthly spore destruction tests. These tests shall be
verified through an independent
laboratory. The license shall not be issued or renewed
until documentation of the sterilizer's
ability to destroy spores is determined by the
Department. These test records shall be retained
by the operator for a period of three (3) years and
made available to the Department upon
request.
(7) Storage of sterilized instruments and other
instruments and supplies - Unless
received from the manufacturer as a sterile instrument
and in a package maintaining sterility
and package integrity, all needles used in
tattooing and cosmetic tattooing shall be cleaned and
sterilized prior to use and stored in peel-packs.
After sterilization, the instruments used for
tattooing/body piercing shall be stored in a dry,
clean cabinet or other tightly covered container
reserved for the storage of such instruments. All
other instruments and supplies shall be stored
in clean, dry and covered containers.
(8) Sanitization and disinfection of surfaces - Procedure
surfaces, counter tops
used for equipment assembly, and any other similar
surfaces where necessary shall be cleaned
and sanitized with a disinfectant solution after each
client.
(9) Reusable cloth items - Reusable cloth items
shall be mechanically washed with
detergent and dried after each use. The cloth items
shall be stored in a dry, clean environment
Body Art Practice and Facilities 420-3-23
13
until used. Soiled cloth items shall be stored in a
manner to preclude contamination of any
clean items, equipment, or instruments.
(10) Clean techniques required - All instruments
used for tattooing/body piercing
shall remain stored in sterile packages until just
prior to performing a body art procedure.
When assembling instruments used for performing body
art procedures, the operator shall wear
disposable single-use gloves and use clean techniques
to ensure that the instruments and
gloves are not contaminated.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.10 Inks, dyes, pigments, needles and
equipment.
(1) Use according to manufacturer’s directions - All
inks, dyes, pigments, needles
and equipment shall be specifically manufactured for
performing body art procedures and shall
be used according to manufacturer's instructions and
standard professional practice.
(2) Ink used during a procedure - Immediately
before applying a tattoo, the quantity
of the dye to be used shall be transferred from the
dye bottle and placed into single-use paper
or plastic cups. Upon completion of the tattoo, these
single cups and their contents shall be
discarded.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.11 Single-use items.
(1) Use restricted – Single-use items shall not
be used on more than one client for any
reason. After use, all single-use needles, razors and
other sharps shall be immediately
disposed of in approved sharps containers.
(2) Products applied to the skin -
(a) All products applied to the skin, including body
art stencils, shall be single-use and
disposable.
(b) Acetate stencils shall be allowed for re-use if
sanitization procedures are performed
between uses.
(c) Petroleum jellies, soaps and other products used
in the application of stencils shall
be dispensed and applied on the area to be tattooed
with sterile gauze or in a manner to
prevent contamination of the original container and
its contents. The gauze shall be used only
once and then discarded.
Body Art Practice and Facilities 420-3-23
14
(d) The operator shall use only single-use sterile
gauze and single-use antibacterial
ointments to cover the procedure site(s).
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.12 Physical facilities.
(1) Plans required - Body art facilities applying
for a license after adoption of these
rules shall submit a scale drawing and floor plan of
the proposed facility for a plan review by the
Department, as part of the license application
process.
(2) Floors, walls, and ceiling -
(a) All walls and floors of the procedure area of a
body art facility shall be smooth, free
of open holes or cracks, washable and in good repair.
Ceilings in all procedure areas shall be
maintained in good repair with no open holes. Walls
in waiting rooms and non-procedure areas
may have decorative attachments if the wall and
decorations are kept clean.
(b) Carpeting is prohibited as a floor covering in the
body art procedure area.
(c) Walls, floors and ceilings in the body art
facility shall be maintained in a clean
condition.
(3) Water supply -(
a) Water used for the sanitary operations of the body
art facility shall be provided from
a source operated and constructed according to law.
(b) At least one water sample shall be collected
annually from any body art facility if the
body art facility’s water supply is not from a
source approved by the Alabama Department of
Environmental Management.
(c) If the water sample results show coliform present
as reported by the Alabama
Department of Public Health Bureau of Clinical
Laboratories, a resample shall be taken within
seven days of the report being received by the county
health department. Whenever two
consecutive samples taken on separate days show
coliform present, body art facility’s license
shall be suspended in accordance with appropriate
administrative procedures. A sample result
of coliform absent with no confluent growth is
required prior to reinstatement of the license.
(4) Sewage disposal – All sewage, and liquid
waste such as mop water, shall be
disposed of by a public sewerage system or by a sewage
disposal system constructed and
operated according to law.
(5) Sinks and toilet facilities -
Body Art Practice and Facilities 420-3-23
15
(a) A readily accessible handwashing sink with hot and
cold running water, under
pressure, dispensed through a mixing valve, with no
aerator, preferably equipped with wrist or
foot operated controls, and supplied with liquid soap
in disposable dispensers and disposable
paper towels at the sink, shall be provided convenient
to the work area within any procedure
room in the body art facility.
(b) When there are multiple procedure areas or
operators in one room, one
handwashing sink shall serve no more than three (3)
operators or three (3) work areas.
(c) Toilet facilities shall be installed according to
law; shall be the number required by
law as enforced by local plumbing officials, but at
least one; shall be under the care and control
of the body art facility operator; and shall be
accessible to employees at all times.
(d) Each toilet room shall have a handwashing sink,
designed and supplied as required
in section (3)(a) of this rule, inside the toilet room
or outside the toilet room immediately
adjacent to the toilet room door.
(e) Handwashing sinks shall be used for no other
purpose.
(f) A utensil sink with hot and cold water under
pressure, supplied through a mixing
valve with no aerator, shall be provided for washing
reusable instruments or other reusable
items.
(g) A service sink or utility sink, with at least hot
water under pressure, shall be provided
for the disposal of liquid waste.
(6) Procedure surfaces - All procedure surfaces,
including client chairs and/or
benches, shall be of such construction and maintained
to be easily cleaned and sanitized with a
disinfectant solution after each client.
(7) Separation from other areas - All body art
facilities shall be completely separated
by solid partitions or by walls extending from floor
to ceiling, from any room used for human
habitation, or any room used for living or sleeping
quarters or a bathroom used for a personal
residence, or from a food establishment or room where
food is prepared, a hair salon, retail
sales, or other such activity which may cause
potential contamination of work surfaces.
(8) Procedure (work station) area - There shall be
a minimum of thirty-five (35)
square feet of floor space at each work station in the
body art facility unencumbered by non-portable
furniture or equipment. Each body art facility shall
have an area which may be
screened from public view for clients requesting
privacy. Multiple body art stations shall be
separated by dividers, curtains or partitions, at a
minimum.
(9) Ventilation - The facility shall be
well-ventilated.
(10) Lighting - The facility shall be provided
with an artificial light source equivalent to
at least twenty (20) foot candles three (3) feet off
the floor, except that at least 100 foot candles
shall be provided at the level where the body art
procedure is being performed, and where
Body Art Practice and Facilities 420-3-23
16
instruments and sharps are assembled and/or processed.
(11) Insects, vermin, and rodents prohibited - Effective
measures shall be taken by
the body art operator to protect the entrance into the
facility and the breeding or presence on
the premises of insects, vermin and rodents. Insects,
vermin and rodents shall not be present
in any part of the facility, its appurtenances or
appertaining premises.
(12) Animals prohibited - No animals of any kind
shall be allowed in body art facility
except service animals used by persons with
disabilities shall be allowed. Fish aquariums may
be allowed in waiting rooms and non-procedural areas.
(13) Refuse containers - At least one covered
waste receptacle shall be provided in
each operator work area and each toilet room.
Receptacles in the operator work area shall be
emptied daily and solid waste shall be removed from
the premises at least weekly. All refuse
containers shall be lidded, cleanable and kept clean.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.13 Licenses and permits.
(1) Body art facility licenses required -
(a) No person shall operate a body art facility until
obtaining a license from the
Department. Any person desiring to operate a body art
facility shall make written application
for a license on forms provided by the Department.
Such application shall include the name
and address of each applicant, the physical location
of the proposed body art facility, the type of
all body art procedures proposed to be conducted at
the facility, and the signature of each
applicant. The license shall be issued on forms
provided by the Department.
(b) If the Department determines that the application
is complete and the body art
facility proposed or operated by the applicant meets
the requirements of these rules, the
Department shall issue a license to the applicant for
the operation of that body art facility.
(c) Licenses shall automatically expire on the date
upon which state, county, and
municipal annual privilege licenses expire or on a
date designated by the local county health
department and shall be renewable annually upon
written application from the operator not less
than thirty (30) days prior to expiration.
(d) The body art facility applicant shall pay a fee as
set by law for each body art facility
license, which is:
1. $250.00 for the initial annual license.
2. $200.00 for a one-year renewal of an annual
license.
Body Art Practice and Facilities 420-3-23
17
3. $50.00 for a temporary license.
(e) Body art facility license fees are not prorated.
(f) A license for a body art facility shall not be
transferable from one place or person to
another.
(g) A current body art facility license shall be
displayed in a conspicuous place within
the customer service area of the body art facility
where it may be readily observed by clients
upon entering the facility.
(2) Operator permits required -
(a) The holder of a body art facility license shall
hire, employ, or use operators or
technicians who have complied with the operator permit
requirements of these rules.
(b) No person shall practice body art procedures
without first obtaining an operator
permit from the Department.
(c) The operator permit shall be valid from the date
of issuance and shall automatically
expire at the end of the facility license year
following the current year when issued unless
revoked sooner by the Department in accordance with
these rules. Application for operator
permits shall include:
1. Name;
2. Date of birth;
3. Sex;
4. Residence address;
5. Mailing address;
6. Phone number;
7. Place(s) of employment as an operator;
8. Years experience;
9. Social security number. Provided that, refusal
by the employee to give the social
security number will not result in denial of any
right, privilege or benefit;
10. Proof of attendance within the 36 months prior to
making application at a
bloodborne pathogen training program (or equivalent),
given or approved by the Department, to
include demonstration of knowledge of the following
subjects:
Body Art Practice and Facilities 420-3-23
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( i) Anatomy;
(ii) Skin diseases, disorders, and conditions (for
example, diabetes) which may affect
the skin;
(iii) Infection control procedures including waste
disposal, hand washing techniques,
sterilization equipment operation and methods, and
sanitization/disinfection/sterilization
methods and techniques;
(iv) Facility safety and sanitation.
(d) Knowledge of the subjects in section
420-3-23-.13(2)(c)10 must be demonstrated
through submission of documentation of attendance or
completion of courses approved or
given by the Department prior to issuance of the
operator's permit. Examples of courses
approved by the Department would include such courses
as Prevention of Disease
Transmission and Bloodborne Pathogen Training.
(e) No operator permit shall be issued unless,
following reasonable investigation by the
Department, the body art operator has demonstrated
compliance with the provisions of this
section and all other provisions of these rules.
(f) All operator permits shall be conditioned upon
continued compliance with the
provisions of this section as well as all applicable
provisions of these rules.
(g) All operator permits shall be posted in a
conspicuous place within the customer
service area where they may be readily observed by
clients upon entering the body art facility.
(3) Existing body art facilities and operators -
(a) Body art facilities operating at the time of the
enactment of these rules, as
evidenced by the possession of a current and valid
business license, shall, within 30 days of the
effective date of these rules, make application to the
Department for a body art facility license
and pay the fee for a new license as required in this
rule. This first license for these existing
facilities shall be considered a Provisional License
and shall not be renewed unless all the
requirements of these rules are met by the license
expiration date. In the event all the
requirements of these rules are not met by the time
the Provisional License expires, or
application for a Provisional License is not made
within 30 days of the effective date of these
rules, the body art facility shall not be considered
an existing facility and shall make application
for a license as a new facility.
(b) Operators conducting body art procedures at the
time of the enactment of these
rules shall make application to the Department for an
Operators Permit and obtain an
Operators Permit within 6 months of the effective date
of these rules.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
Body Art Practice and Facilities 420-3-23
19
420-3-23-.14 Temporary Facility License or Operator
Permit.
(1) Licenses and permits -
(a) Temporary body art facility licenses and, when
required, operator permits, may be
issued for body art services provided outside of the
physical site of a fixed licensed facility for
the purposes of product demonstration, industry trade
shows or for educational reasons.
(b) Temporary licenses issued under the provisions of
these rules may be suspended
by the Department for failure of the holder to comply
with the requirements of these rules.
(c) All facility licenses and operator permits and the
disclosure notice must be readily
visible to clients.
(2) Requirements - Temporary operator permits
and/or facility licenses shall not be
issued unless:
(a) The applicant furnishes proof of compliance with
420-3-23-.13(2) relating to
operator's permits and/or
(b) The applicant is currently affiliated with a fixed
location or permanent facility which,
where applicable, is permitted by the appropriate
State and/or local jurisdiction; and
(c) The temporary site complies with section (9) of
this rule.
(3) Training - In lieu of attendance at a
bloodborne pathogens training program
approved by the Department within the past three (3)
years as specified in 420-2-23-13(2)(c)
above, the applicant may furnish proof of attendance
at equivalent training which is acceptable
to the Department.
(4) Time limit - Temporary body art facility
licenses and/or operator permits expire
after fourteen (14) days or the conclusion of the
special event, whichever is less.
(5) Fee required - Temporary body art facility
licenses shall not be issued unless the
applicant has paid the fee set by law.
(6) Non-transferable - The temporary body art
facility license or operator permit shall
not be transferable from one place or person to
another.
(7) License and permits posted - The temporary
body art facility license and operator
permit shall be posted in a prominent and conspicuous
area where they may be readily seen by
clients upon entering the facility.
(8) Temporary Operator Permit Requirements -
Body Art Practice and Facilities 420-3-23
20
(a) A temporary permit may be issued by the Department
for educational, trade show or
product demonstration purposes only. The permit may
not exceed fourteen (14) calendar days.
(b) A person who wishes to obtain a temporary
demonstration permit must submit the
request in writing for review by the Department, at
least thirty (30) days prior to the event. The
request shall specify:
1. The purpose for which the permit is requested;
2. The period of time during which the permit is
needed (not to exceed fourteen
(14) calendar days per event), without re-application;
3. The fulfillment of temporary operator requirements
as specified in section (2) of this
rule;
4. The location where the temporary demonstration will
be conducted.
(9) Temporary Establishment Physical Facilities -(
a) The temporary demonstration project must be
contained in a completely enclosed,
non-mobile facility (that is, inside a permanent
building).
(b) Except as otherwise provided in this rule,
the temporary body art facility and
operator shall comply with all of the requirements of
these rules, including but not limited to:
1. Conveniently located handwashing facilities with
liquid soap, paper towels and hot
and cold water under adequate pressure shall be
provided; along with sanitary drainage in
accordance with local plumbing codes.
2. A minimum of eighty (80) square feet of floor
space;
3. At least one hundred (100) foot candles of light at
the level where the body art
procedure is being performed.
4. Facilities to properly sterilize instruments with
evidence of a spore test performed on
sterilization equipment thirty (30) days or less prior
to the date of the event, shall be provided;
or only single use, prepackaged, sterilized equipment
obtained from reputable suppliers or
manufacturers shall be allowed;
5. Ability to properly clean and sanitize the area
used for body art procedures.
The facility where the temporary demonstration is
proposed shall be inspected by the
Department and a license issued prior to any body art
procedures being performed.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
Body Art Practice and Facilities 420-3-23
21
420-3-23-.15 Prohibitions.
(1) Prohibited acts include, but are not limited to,
the following:
(a) Performing body art on any body part of a minor
without the informed written
consent of the parent or legal guardian of such minor.
This consent is to be given in person to
the operator or responsible person at the facility by
the parent or legal guardian at the time the
tattooing or piercing is to commence.
(b) Performing body art on a person who, in the
opinion of the operator is inebriated or
appears to be under the influence of alcohol or drugs.
(c) Owning, operating or soliciting business as a body
art facility or operator without first
obtaining all necessary permits and approvals from the
Department, unless specifically
exempted by these rules.
(d) Obtaining or attempting to obtain any body art
facility license or operator permit by
means of fraud, misrepresentation or concealment.
AUTHORS: Ronald Dawsey and Charlotte Denton
STATUTORY AUTHORITY: Section 22-17A-7, Code of
Alabama, 1975.
EFFECTIVE DATE: May 4, 2001
420-3-23-.16 Compliance and Enforcement.
(1) Inspection frequency -
(a) A representative of the Department shall properly
identify him or herself upon
entering a body art facility to make an inspection.
Inspections shall be conducted at least every
180 days or as often as necessary throughout the year
to ensure compliance with these rules.
(b) The routine inspection frequency shall be
determined by the compliance status
found on inspection as below. Nothing in this
section precludes the Department from issuing an
immediate Notice of Intent to Suspend/Revoke order, or
issuing an emergency order to
immediately cease operation or cease using a
particular item of equipment or a particular
process, if necessary in order to protect the public
health.
(c) A routine re-inspection shall be conducted within
180 days when:
1. No critical items were found in non-compliance or
any critical items found in non-compliance
are corrected during the inspection, or
2. No second-time repeat non-critical items were found
in non-compliance.
(d) A compliance check shall be conducted within 30
days when:
Body Art Practice and Facilities 420-3-23
22
1. One or more critical items are found in
non-compliance and are not corrected during
the inspection, or one or more repeat corrected
critical items from the previous inspection were
found in non-compliance regardless of being corrected
during the current inspection, or
2. One or more second-time repeat non-critical items
from the previous routine
inspection were noted in non-compliance regardless of
being corrected during the current
inspection.
(e) Whenever a compliance check to determine
correction of any item finds the item in
continuing non-compliance; a Notice of Intent to
Suspend or Revoke the license or permit shall
be issued to the person in charge at the body art
facility. If the item in non-compliance and
being the cause for issuance of the Notice is
corrected, the body art facility shall retain the
inspection status but shall be re-inspected within 30
days.
(2) Inspection report -
(a) The original of the inspection report (see
Appendix F) shall be furnished to the
permit holder or operator of the body art facility,
with the Department retaining possession of a
copy.
(b) The inspection report shall designate the
compliance status of the body art facility
as Routine re-inspection or Compliance Check
Necessary, based on the result of the inspection
as specified in 420-3-23-.16(1).
(3) Correction of non-critical violations -
(a) Upon finding a violation of any provision of these
rules that is deemed a non-critical
item, the Department shall advise the licensee or
permitted operator, in writing, of its findings
and instruct the operator to correct such violations
within a reasonable period of time, but no
later than the time of the next routine inspection.
(b) In the event a non-critical violation is not
corrected by the time of the next routine
inspection, or is the same violation as on the
preceding routine inspection, it shall be noted on
the inspection report as a repeat violation. In the
event one or more non-critical items are found
in violation on a second consecutive routine
inspection, they shall be noted on the inspection
report as a second repeat violation, and shall be
corrected as required for critical items in 420-
3-.16(4).
(4) Correction of critical violations -
(a) Violation of any provision of these rules that is
deemed a critical item should be
corrected immediately, during the course of the
inspection, but in any event within 30 days
following the inspection.
(b) In the event the violation cannot be corrected
during the course of the inspection, or
if the critical violation is the same as on the
immediately preceding inspection and was
corrected at that time but is now in violation again,
notice of intent to suspend the body art
Body Art Practice and Facilities 420-3-23
23
facility license or operator permit, or both, shall be
issued by the Department representative
conducting the inspection. The body art facility
license holder or permit holder may request a
hearing on the notice of intent to suspend in
accordance with these rules.
(5) Suspension of licenses and permits -
(a) Licenses and permits issued under the provisions
of these rules may be suspended
temporarily by the Department for failure of the
holder to comply with the requirements of these
rules or for repeated or critical violations of any of
the requirements if these rules.
(b) Whenever the Department is aware of, or has
reasonable cause to suspect that, 1)
a communicable disease has been, or may be,
transmitted by an operator to a client; or 2)
there is use of unapproved or malfunctioning
equipment; or 3) insanitary or unsafe conditions
exist which may adversely impact the health of the
public; the Department may, upon written
notice to the owner or operator, do any or all of the
following:
1. Issue an order excluding any or all operators from
the licensed body art facility who
are responsible, or reasonably appear responsible, for
the transmission of a communicable
disease until the Department determines there is no
further risk to public health.
2. Issue an order to immediately suspend or revoke the
license of the body art facility
until the Department determines there is no further
risk to the public health. Such an order shall
state the cause for the action.
(6) Reinstatement - Any person whose license or
permit has been suspended may, at
any time, make application for reinstatement of the
permit. Within ten (10) days following
receipt of a written request, including a statement
signed by the applicant that in his opinion the
conditions causing the suspension have been corrected,
the Department shall re-inspect the
body art facility or evaluate documentation provided
by an operator. If the applicant is in
compliance with the provisions of these rules, the
license or permit will be reinstated.
(7) Revocation -
(a) For failure to comply with a notice of license or
permit suspension, or for repeated or
critical violations of any of the requirements of
these rules, or for interference with Department
personnel in the performance of their duties, the
license or permit may be permanently revoked
after a hearing. Before taking such action, the
Department shall notify the license or permit
holder or operator in writing, stating the reasons for
which the license or permit is subject to
revocation and advising the license or permit holder
or operator of the requirements for filing a
request for a hearing. A license or permit may be
suspended for cause, pending its revocation
or hearing relative thereto.
(b) A revocation shall last no less than 90 days.
After that time, any person whose
license or permit has been revoked may make
application for a new license or permit. If the
applicant is in compliance with the provisions of
these rules as required for new applicants, the