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Tattoo & Piercing Laws - United States - Maine
Back to United States Tattoo & Piercing Laws
State Of Maine
State of Maine Micropigmentation Law
STATE OF MAINE
IN THE YEAR OF OUR LORD
NINETEEN HUNDRED AND NINETY-SEVEN
H.P 1270-L.D.1796
An Act to Provide Licensing for Micropigmentation Practitioners
Be in enacted by the People of the State of Maine as follows:
Sec. 1 32 MRSA c.63-A is to be enacted to read:
S4311 Definitions
As used in this chapter unless the context otherwise indicates the following terms have the following meanings.
1. Department. "Department" means the Department of Human Services.
2. Micropigmentation. "Micropigmentation" means placing nontoxic dyes or pigments into or under the subcutaneous portion of the skin s as to form indelible marks for cosmetic or medical purposes. "Micropigmentation" does not include tattooing.
3. Micropigmentation facility. "Micropigmentation facility" means any space where micropigmentation is practiced.
4. Micropigmentation practitioner. "Micropigmentation practitioner" means a person who practices micropigmentation.
S4322 Licenses Required
1. Requirement. A person may not practice micropigmentation, display a sign or otherwise advertise or purport to be a micropigmentation practitioner unless that person holds a valid license issued by the department.
2. Terms of license. A license issued under this chapter expires on September 30th and is renewable biennially.
3. Exemption. This chapter does not apply to a physician or a person acting under the control or supervision of a physician.
S4313. Licensing rules
The department shall adopt Licensing rules governing the practice of micropigmentation under this chapter. Rules adopted under this chapter are routine technical rules for purposes of Title 5. chapter 375, subchapter II-A. The rules must include the following:
1. Standards of practice. The department shall adopt rules that provide standards for the practice of micropigmentation that include at least the following:
A. Instruments used for micropigmentation must be sterilized in a manner specified by the department.
B. Micropigmentation facilities must be equipped with appropriate sterilization equipment, hot and cold running water and a covered waste receptacle.
C. Case history records must be kept for each client.
D. A micropigmentation practitioner must demonstrate safety, sanitation, and sterilization procedures and knowledge of infection control.
2. Equipment and training. The department shall adopt rules specifying the education and training standards for the practice of micropigmentation. The rules may require continuing education.
The licensing rules must be adopted by the department by November 1, 1997.
S4314. Fee.
The fee for a license under this chapter may not exceed $50. The fee required by this section includes the cost of a biennial inspection of the micropigmentation facility by the department. However, the department may inspect the facility at any time.
S4315. Eligibility.
To be eligible for a license under the chapter a person must:
1. Age. Be at least 18 years of age.
2. High School diploma. Have a high school diploma or equivalent education.
3. Additional training. Submit evidence of completion of education or training required by rules of the department under the direct supervision of a licensed micropigmentation practitioner' and
4. Compliance. Demonstrate ability to comply with the rules of the department.
S4316. Revocation; suspension; or refusal to issue.
The department may revoke, suspend, or refuse to issue a license or renewal or place a license on probation if:
1. Conviction. The person has been convicted of a crime related to the practice of micropigmentation;
2. Deception or misrepresentation. Has engaged in any deception or misrepresentation to the department or the public in applying for a license under this chapter or in the advertising or practice of micropigmentation;
3. Incompetence. Has demonstrated negligence, incompetence, or danger to the public in the practice of micropigmentation; or
4. Violation of rules. Has violated any of the rules adopted by the department under this chapter.
S4317. Compliance
Beginning January 1, 1998, a person seeking to engage in the business of micropigmentation shall comply with the provisions of this chapter.
Maine Legislation
On January 1 1998, Micropigmentation became legalized in
the State of Maine. According to prior law, MPI was considered
to be tattooing which is prohibited above the neck. This, in
effect, rendered the practice of MPI illegal.
The new Law, signed by Gov. Angus King in May 1997, recognizes
that MPI is not tattooing and will allow its practice by
licensed individuals. Licensing procedures and other pertinent
aspects of the bill will be established in the next several
months.
Practice and training guidelines were proposed to legislators in
Augusta, Maine by Gabriela Rodriguez, DAAM, RDH in May 1997. The
proposed regulations are compatible with the certification
requirements established by the American Academy of
Micropigmentation. Maine legislators from the Committee of
Business and Economic Development and the Maine Board of Health
were very supportive of the proposed legislation and responded
favorably and unanimously to the pending changes. This dynamic
legislation will have a dramatic effect on the MPI industry,
specifically in the New England area.
4201. Definitions
Tattoo means to insert pigment under the skin of a human being by
pricking with a needle or otherwise, so as to produce an indelible
mark or figure visible through the skin.
4251. Rules and regulations
The Department of Human Services is authorized and empowered to
make necessary rules and regulations governing the application of
tattoos upon the bodies of human beings.
4252. Issuance of licenses
The Department of Human Services is empowered to license persons
to practice the art of tattooing. Such licenses shall be issued
annually by the department upon the payment of a fee of $50.
Licenses shall expire on
September 30th of each year.
4301. License required
No person shall place a tattoo upon the body of another human
being without first obtaining a license from the Department of
Human Services.
4311. Definitions
As used in this chapter, unless the context otherwise indicates,
the following terms have the following meanings.
1. Department. "Department" means the Department of
Human Services.
2. Micropigmentation. "Micropigmentation" means placing
nontoxic dyes or pigments into or under the subcutaneous portion
of the skin so as to form indelible marks for cosmetic or medical
purposes. "Micropigmentation" does not include
tattooing.
3. Micropigmentation facility. "Micropigmentation
facility" means any space where micropigmentation is
practiced.
4. Micropigmentation practitioner. "Micropigmentation
practitioner" means a person who practices micropigmentation.
4312. License required
1. Requirement. A person may not practice micropigmentation>,
display a sign or otherwise advertise or purport to be a <micropigmentation
practitioner unless that person holds a valid license issued by
the department.
2. Term of license. A license issued under this chapter expires on
September 30th and is renewable biennially.
3. Exemption. This chapter does not apply to a physician or a
person acting under the control or supervision of a physician.
4313. Licensing rules
The department shall adopt licensing rules governing the practice
of micropigmentation> under this chapter. Rules adopted under
this chapter are routine technical rules for purposes of Title 5,
chapter 375, subchapter II-A. The rules must include the
following.
1. Standards of practice. The department shall adopt rules that
provide standards for the practice of <micropigmentation>
that include at least the following.
A. Instruments used for <micropigmentation> must be
sterilized in a manner specified by the department.
B. <Micropigmentation> facilities must be equipped with
appropriate sterilization equipment, hot and cold running water
and a covered waste receptacle.
C. Case history records must be kept for each client.
D. A <micropigmentation> practitioner must demonstrate
safety, sanitation and sterilization procedures and knowledge of
infection control.
2. Education and training. The department shall adopt rules
specifying the education and training standards for the practice
of <micropigmentation. The rules may require continuing
education. The licensing rules must be adopted by the department
by November 1, 1997.
4314. Fee
The fee for a license under this chapter may not exceed $50. The
fee required by this section includes the cost of a biennial
inspection of the micropigmentation facility by the department.
However, the department may inspect the facility at any time.
4315. Eligibility
To be eligible for a license under this chapter a person must:
1. Age. Be at least 18 years of age;
2. High school diploma. Have a high school diploma or equivalent
education;
3. Additional training. Submit evidence of completion of education
or training required by rules of the department under the direct
supervision of a licensed micropigmentation practitioner; and
4. Compliance. Demonstrate ability to comply with the rules of the
department.
4316. Revocation; suspension; or refusal to issue
The department may revoke, suspend or refuse to issue a license or
renewal or place a licensee on probation if:
1. Conviction. The person has been convicted of a crime related to
the practice of micropigmentation;
2. Deception or misrepresentation. Has engaged in any deception or
misrepresentation to the department or the public in applying for
a license under this chapter or in the advertising or practice of
<micropigmentation>;
3. Incompetence. Has demonstrated negligence, incompetence or
danger to the public in the practice of <micropigmentation; or
4. Violation of rules. Has violated any of the rules adopted by
the department under this chapter.
4317. Compliance
Beginning January 1, 1998, a person seeking to engage in the
business of micropigmentation shall comply with the provisions of
this chapter.
4325. Issuance of licenses
The department may license persons to practice the art of body
piercing. Licenses are issued annually by the department upon the
payment of a fee not to exceed $75. The license for a person
engaged in both the arts of tattooing, as defined by chapter 63,
and body piercing may not exceed $100. The fee required by this
section includes the cost of an annual inspection of the body
piercing establishment by the department. Licenses expire one year
from date of issue.
WEIL'S CODE OF MAINE RULES
CHAPTER 211. RULES OF THE DEPARTMENT OF HUMAN SERVICES RELATING
TO
MICROPIGMENTATION PRACTITIONERS
10 144 211 Rules of the Department of Human Services Relating
to
Micropigmentation Practitioners
SUMMARY: These rules require people who practice micropigmentation
to
obtain licenses and to show proof of meeting education and
training standards and
of providing the proper facilities to protect the public's health
and safety.
1. ADMINISTRATION
A. A person may not practice micropigmentation, display a sign or
otherwise advertise or purport to be a micropigmentation
practitioner unless that
person holds a valid license issued by the Department of Human
Services. However, a
person enrolled in a program of training to become a
micropigmentation
practitioner may perform micropigmentation in the course of that
training,
but only under the direct supervision of an instructor who is a
licensed
micropigmentation practitioner. The instructor must meet the
requirements in
section 8.J of these rules.
B. The Department of Human Services is empowered to license
persons to
practice the art of micropigmentation. Such licenses shall be
issued
biennially by the Department upon payment of a license fee of $
50. The licenses shall
expire on September 30 of each year.
1. An applicant shall obtain a micropigmentation practitioner's
application form from the department, complete and submit it to
the department along
with the license fee.
a. The information will include: applicant's name, home and
mailing
address, business address, and telephone number, date of birth and
in addition submit
the following:
(1) Evidence of completion of education or training under the
direct
supervision of a licensed micropigmentation practitioner
(2) Copy of high school diploma or evidence of equivalent
education
(3) Copies of any licenses, registrations, diplomas or
certificates
issued to the applicant as a micropigmentation practitioner.
C. Denial: No license will be granted to any applicant who has
been
convicted of a crime related to the practice of micropigmentation.
D. The Department of Human Services is authorized and empowered to
make
necessary rules governing the practice of micropigmentation.
2. GENERAL PROVISIONS
A. Definitions
1. Aftercare: Instructions on caring for the area affected by
micropigmentation to include at a minimum recommendations on time
guidelines, skin care, clothing, injuries, exposure to ultraviolet
light, exposure to
chlorinated and salt water, and skin care products. In addition,
instructions will include information when to seek medical
treatment if necessary.
2. Commissioner: Commissioner of Human Services.
3. Department: Department of Human Services.
4. Micropigmentation: To place nontoxic pigments into or under the
subcutaneous portion of the skin so as to form indelible marks for
cosmetic
or medical purposes. Micropigmentation does not include tattooing.
5. Micropigmentation facility: Any space where micropigmentation
is
practiced.
6. Micropigmentation practitioner: A person who practices
micropigmentation.
7. Operator: The person who practices micropigmentation.
8. Person: An individual, group of individuals, association,
partnership,
corporation, firm, or company.
9. Pigment: The materials used in micropigmentation to implant a
lasting
pattern in the skin.
10. Pre-procedural care: Instructions regarding care and
completion of
medical history form must be completed prior to the procedure.
11. Shall: A term used to indicate that which is required, the
only
acceptable method under these rules.
12. Should: A term used to reflect the more preferable procedure,
yet
providing for the use of effective alternatives.
13. Sterilize: To render free from infectious microorganisms, by
use of
an autoclave.
14. Tattoo: To insert pigment under the skin of a human being by
pricking
with a needle or otherwise, so as to produce an indelible mark or
figure
visible through the skin.
B. Severability
1. The provisions of the rules are severable. If any provision of
these
rules is invalid, or if the application to any person or
circumstance is invalid,
such invalidity shall not affect other provisions or applications
which can be
given effect without the invalid provision or application.
3. SANITARY FACILITIES
A. Water supply. The water supply shall be adequate, of a safe
sanitary
quality, and from a source approved by the Department.
1. All private water supplies shall be subject to inspection at
all times
and no water from such source shall be used or supplied to the
public unless
samples therefrom have been tested and approved by the Department
within the
preceding twelve (12) month period.
2. A copy of the water analysis from a state approved testing
facility,
shall be available on the premises.
3. All water, not piped into the micropigmentation establishment
directly
from the source, shall be transported, handled, stored and
dispensed in a
sanitary manner.
B. Sewage Disposal
1. Water-carried sewage: All water carried sewage shall be
disposed of by
means of:
a. A public sewerage system; or
b. An approved sewage disposal system which is constructed and
operated
in conformance with applicable state and local laws, ordinances
and
regulations.
C. Establishment
1. Screening: Effective control measures shall be utilized to
minimize
the presence of any and all vermin from the establishment.
2. Animals: Live animals, including birds and turtles, shall be
excluded
from the establishment, and from adjacent areas under the control
of the license
holder. Patrol dogs accompanying security or police officers,
guide dogs,
accompanying blind persons, hearing ear guide dogs accompanying
deaf and
hearing impaired persons or a guide dog trainer, shall be
permitted in the
establishment. The security person, police officer, blind person,
deaf and
hearing impaired person and guide dog trainer shall be responsible
for their
dogs in public accommodations.
3. The room in which micropigmentation is done shall have an area
of not
less than 150 square feet. The area designated for the practice of
the art of
micropigmentation will be separated from any waiting or common
area by a
wall not less than 4 feet in height and will be separated from
other treatment
areas for privacy and health purposes.
4. The entire premises and all facilities used in connection
therewith
shall be maintained in a clean, sanitary, vermin free condition
and in good
repair.
5. The working area should be separated from other treatment areas
for
health and safety precautions in regards to fumes and hair
clippings, etc., that
could render the working area unsanitary. Procedure must be done
in a clean
environment.
D. Illumination
1. At least 10 foot-candles of light intensity shall be provided
at a
distance of thirty inches (30") above the floor throughout
the
micropigmentation room and at least 25 foot-candles of light shall
be
maintained at the place and on surfaces, materials, and equipment
where
micropigmentation is being performed.
E. Floors walls and ceilings
1. All floors shall be kept clean and in good repair. All surfaces
shall
be easily cleanable and smooth.
2. All walls and ceilings, including doors, windows, skylights,
and
similar closures shall be kept clean, in good repair, and be
easily cleanable.
3. Studs, joists and rafters shall not be left exposed in waiting
rooms,
toilet rooms, or the room in which micropigmentation is being
done.
4. Light fixtures, decorative material, and similar equipment, and
material attached to walls or ceilings, shall be kept clean.
F. Toilet Facilities
1. A toilet and lavatory shall be located in or adjacent to the
micropigmentation establishment and shall be accessible to the
micropigmentation operator and client at all times that the
micropigmentation establishment is open for business. Toilet and
lavatory shall not be
available to the general public.
2. A lavatory with hot and cold running water, under pressure,
preferably
from a combination supply fixture shall be located in the room
where
micropigmentation is performed. Anti-bacterial hand cleanser and
sanitary
towels shall be provided.
3. Toilet rooms shall be vented.
4. The use of common towels and cups shall be prohibited.
5. A covered waste receptacle shall be provided in the restroom.
G. Service tables and treatment chairs: All service tables and
treatment
chairs shall be constructed of easily cleanable material, shall be
of light
color, with a smooth washable finish, and separated from waiting
customers
or observers by a panel at least four (4) feet high.
4. MICROPIGMENTATION PROCEDURES
A. No micropigmentation shall be practiced on the person of any
individual who is obviously under the influence of intoxicating
liquor or chemical
substances. No intoxicating beverages or chemical substances shall
be
consumed on the micropigmentation premises. This rule includes,
but is not limited
to, the micropigmentation practitioner.
B. No micropigmentation shall be practiced on the person of any
one who
is less than 18 years of age, as verified by a driver's license,
liquor ID
card, military ID card, or other adequate record.
C. The micropigmentation practitioner shall be 18 years of age or
older.
D. Neither the micropigmentation practitioner nor the client shall
use
tobacco in any form while micropigmentation procedure is being
performed.
E. The operator shall wash his or her hands thoroughly with
antibacterial
soap and water and dried with individual single use towels before
starting
to perform micropigmentation.
F. The operator will use single service impervious gloves on both
hands
before beginning any procedures associated with micropigmentation.
G. The area to receive the micropigmentation shall first be
thoroughly
washed, i.e., for a period of two (2) minutes with warm water to
which has
been added an antiseptic soap. A sterile single use sponge shall
be used to wash
the area. Before micropigmentation is begun, a solution of 70%
alcohol shall be
applied to the area with a single use sponge (e.g. Telfa), used
and applied
with a sterile instrument.
H. Petroleum jelly, anti-bacterial, or anti-biotic ointment, (e.g.
Vaseline, A & D Ointment, etc.) in collapsible metal, plastic
tubes, or its equivalent
as approved by the Department, shall be used on the area to
receive the
micropigmentation and it shall be applied with a sterile gauze if
needed.
I. Any and all substances being applied to the skin including, but
not
limited to, enhancements of applicability of transfers, etc., will
be done
with a single service applicator.
J. A medical history will be obtained on every client. Anyone
giving a
history of jaundice or hepatitis shall not receive
micropigmentation. Anyone
with a history of diabetes or latex allergy shall be advised of
possible
complications from this process.
K. Single service items including, but limited to, individual
containers
of pigment, gloves, ointments, and all other applicable supplies
shall be used
for each patron and the container therefore shall be discarded
immediately after
completing work on a patron and any pigment in which needles were
dipped
shall not be used on any person. These items shall be disposed of
in accordance
with state and local laws, utilizing the highest of safety
precautions. Needles
used shall be of single use type that have been properly cleaned
by an
ultra-sonic device and disposed of in a sharps container after
each client.
L. Excess pigment shall be removed from the skin with an
individual
sterile sponge which shall be used only on one person and then
immediately
discarded.
M. After completing work on any person, the affected area shall be
washed
with sterile gauze saturated with an antiseptic soap solution
approved by
the Department, or a 70% alcohol solution. The affected area shall
be allowed to
dry and petroleum jelly, antiseptic ointment, antibacterial
ointment, or
antibiotic ointment, from a single use collapsible or plastic
tube, or other single
service method of dispensing, shall be applied, using sterile
gauze.
N. The operator will provide written aftercare directions to the
person
that has received micropigmentation.
O. All containers will be labeled clearly of their contents.
5. CARE OF INSTRUMENTS
A. Storage of instruments: All clean and ready-to-use needles in
autoclave bags and instruments shall be kept in a closed glass,
metal, or rigid
plastic case, or storage cabinet while not in use. Such cabinet
shall be maintained
in a sanitary manner at all times.
B. Sterilization of instruments:
1. An autoclave shall be provided for sterilizing all needles and
similar
instruments before use on any customer.
2. Before sterilizing, all needles and similar instruments shall
be
thoroughly washed to remove dyes, blood clots, and all other
foreign matter.
3. The needles and instruments required to be sterilized shall be
so
used, stored, handled, and temporarily placed during
micropigmentation so that
they are not contaminated.
4. The sterilizer shall be spore tested at least once each month
and
records shall be maintained and available for inspection for a
minimum period of one
year.
6. EQUIPMENT
A. Micropigmentation machines are lightweight implantors that lack
the
power of conventional tattoo machines. They are manufactured
specifically for
facial, cosmetic procedures. These shall be used for all
procedures except as
indicated in the following section.
B. Certain medical procedures in micropigmentation require more
power to
penetrate the skin, as with scar tissue. For these procedures, the
use of
tattoo machines is acceptable.
7. RECORDS
A. No micropigmentation shall be done on the person of anyone
having a
history of jaundice, hepatitis or other similar disease, and each
patron
shall be questioned and a record made of his/her answers relating
to such diseases
on a medical history form completed by the client.
B. Permanent records for each patron shall be maintained by the
person
operating the establishment. Before the micropigmentation
operation begins,
the patron shall be required to personally enter on a record form
provided for
such establishments, the date, his or her name, address, age,
social security
number, and his or her signature. Such records shall be maintained
in the
establishment and shall be available for examination upon request.
C. Records shall be retained by the operator for a period of not
less
than two (2) years. In the event of a change or ownership or
closing of the
business, all records shall be made available to the
(Commissioner) Department. The
micropigmentation practitioner shall issue a receipt to each
patron setting
forth the name and address of the establishment.
D. All infections resulting from the practice of micropigmentation
which
become known to the operator shall be reported to the
(Commissioner)
Department within twenty-four (24) hours by the person owning or
operating the
micropigmentation establishment, and the infected client shall be
referred
to a physician.
8. EDUCATION AND TRAINING
A background in cosmetology or medical field provides a base for
training
in micropigmentation. The amount of specific training in
micropigmentation
depends upon the professional background of the applicant.
A. Applicants with a professional license in cosmetology including
standard cosmetology (hair) and aestheticians (skin care) need the
following for
licensing as a practitioner of micropigmentation:
1. Medical aspects - 7 hours
2. Cosmetic aspects - 6 hours
3. Micropigmentation - 8 hours
4. Color application labs - 10 hours - 1 procedure each of brows,
eyes,
lips
5. Misc. - 6 hours discussion
B. Applicants with a professional license in cosmetology - nail
technicians need the following for licensing as a practitioner of
micropigmentation:
1. Medical aspects - 15 hours
2. Cosmetic aspects - 14 hours
3. Micropigmentation - 10 hours
4. Color application labs - 10 hours - 1 procedure each of brows,
eyes,
lips
5. Misc. - 6 hours discussion
C. Applicants who are licensed electrologists need the following
for
licensing as a practitioner of micropigmentation:
1. Medical aspects - 4 hours
2. Cosmetic aspects - 9 hours
3. Micropigmentation - 8 hours
4. Color application labs - 10 hours - 1 procedure each of brows,
eyes,
lips
5. Misc. - 6 hours discussion
D. Applicants with a professional license in the medical field,
including
medical/dental and paramedical professionals need the following
for
licensing as a practitioner of micropigmentation:
1. Medical aspects - 4 hours
2. Cosmetic aspects - 9 hours
3. Micropigmentation - 8 hours
4. Color application labs - 10 hours - 1 procedure each of brows,
eyes,
lips
5. Misc. - 6 hours discussion
E. Candidates without professional license in any of the above
fields
need the following for licensing as a practitioner of
micropigmentation:
1. Medical aspects - 50 hours
2. Cosmetic aspects - 50 hours
3. Micropigmentation - 50 hours
4. Color application labs - 50 hours - 14 completed procedures: 4
eyebrows, 4 eyeliner, 4 lipliner, 2 full lip color
F. Applicants with a professional license in tattooing will need
the
following for licensing as a practitioner of micropigmentation:
1. Medical aspects - 7 hours
2. Cosmetic aspects - 6 hours
3. Micropigmentation - 8 hours
4. Color application labs - 10 hours - 1 procedure each of brows,
eyes,
lips
5. Misc. - 6 hours discussion
G. Applicants from the State of Maine who were trained in
micropigmentation but have been unable to practice due to Maine
law which made it illegal to practice micropigmentation prior to
January 1, 1998:
1. Micropigmentation review - 8 hours
a. Medical aspects, cosmetic aspects, micropigmentation: 4 hours
b. Color application lab to include 1 completed procedure on
brows, eyes
or lips: 4 hours.
H. Applicants from other states wishing to be licensed to practice
micropigmentation in the State of Maine:
1. Must show proof of training documenting hours of written and
practical
instruction, equal to the training requirements of Maine
practitioners as
listed in Section 8, herein.
2. Must be Board Certified by the American Academy of
Micropigmentation,
as proof of basic competence, within two years of obtaining a
license to
practice.
I. All applicants practicing in the State of Maine shall become
Board
Certified by the American Academy of Micropigmentation, within 2
years of
obtaining their license to practice.
J. Instructors of micropigmentation must meet the following
requirements:
1. Educational
a. They must have proof of having completed a training course of a
minimum of 36 hours of instruction.
b. They must have Board Certification from the American Academy of
Micropigmentation.
c. They must have at least 8 hours of Continuing Education yearly.
This
must be related to aspects of micropigmentation and can be in the
form of
research on
the subject.
2. Practical
a. Must have proof of 1 year clinical practice to be documented by
proof
of business license.
b. Must show proof of 50 completed micropigmentation procedures.
K. The following guidelines should be followed to help assure
quality
training in the State of Maine.
1. Practical portions of classes where color application is
performed on
models or clients should have a 1 to 1 student to teacher ratio.
This should
be reflected on the certificate.
2. Trainers must schedule a follow-up session with the student
with-in
one year of course completion, at no additional cost to the
student, to review
material and observe a minimum of one procedure performed by the
student. A
certificate reflecting this should be issued by the instructor.
9. HOSPITALS, MEDICAL INSTITUTIONS AND PHYSICIANS
A. These rules are not applicable to licensed medical hospitals,
and
similarly licensed medical institutions.
B. These rules are not applicable to physicians or persons
operating
under the control or supervision of a physician.
10. REVOCATION, SUSPENSION OR REFUSAL TO ISSUE LICENSE
The Department make revoke, suspend or refuse to issue a license
or
renewal or place a licensee on probation if the person:
A. Has been convicted of a crime related to the practice of
micropigmentation.
B. Has engaged in any deception or misrepresentation to the
Department or
the public in applying for a license or in the advertising or
practice of
pigmentation.
C. Has demonstrated negligence, incompetence or danger to the
public in
the practice of micropigmentation.
D. Has violated any of these rules.
32 M.R.S.A., @@ 4311 - 4317
NOTES:
EFFECTIVE DATE: January 1, 1998 (Secretary of State Rule Log #
97-408)
10 144 210 Rules Relating to Tattooing
SUMMARY: These rules require people who practice the art of
tattooing to
obtain licenses and to show proof of the proper facilities and
equipment for
the protection of the public's health and safety.
1. ADMINISTRATION
A. No person shall place a tattoo upon the body of another human
being
without first obtaining a license from the Department of Human
Services.
1. An applicant for a practitioner's license shall submit a
completed
application form together with the following:
a. Information including: applicant's name, home and mailing
address,
business address, and telephone number and date of birth.
b. All new applicants shall provide copies of any licenses,
registrations
or certificates issued to the applicant as a tattoo practitioner
or apprentice.
(1) Other documentation which indicates the length of time as a
tattoo
practitioner and/or apprentice may be accepted by the Department
in lieu of
a license, registration or certificate.
c. All new applicants and renewals after January 1, 2001 shall
provide
proof of having attended, within the last 3 years, a bloodborne
pathogen training
program given or approved by the Department.
d. The licensure fee.
2. An applicant for an apprentice license shall submit a completed
application form together with the following:
a. Information including the applicant's name, home and mailing
address,
telephone number and date of birth.
b. The name, address, and telephone number of the tattoo
establishment
for which the applicant will work as an apprentice.
c. The name of the licensed tattooist who will be providing direct
supervision.
d. A description of the duties to be performed.
e. The licensure fee.
3. Applications shall be obtained from the department
4. An apprentice license can be converted to a practitioner
license for
the balance of the license year once a completed apprentice
training form,
signed by a practitioner is submitted and reviewed by the
department and an inspection
is conducted by a department representative.
B. The Department of Human Services is empowered to license
persons to
practice the art of tattooing. Such licenses shall be issued
annually by the
Department upon payment of a fee of $ 50. The license fee is the
same for
the apprentice and practitioner licenses. The licenses shall
expire on September
30th of each year.
C. The Department of Human Services is authorized and empowered to
make
necessary rules governing the application of tattoos upon the
bodies of
human beings.
D. An apprentice shall be strictly supervised at all times by a
licensed
tattoo practitioner and shall be required to follow the same
procedures and
precautions as a licensed tattoo practitioner.
E. Whoever violates these rules shall be punished by a fine of not
less
than $ 50 nor more than $ 500, or by imprisonment for not more
than 6 months.
2. GENERAL PROVISIONS
A. Definitions.
1. Aftercare: Written instructions on how to care for a new tattoo
to
include at a minimum: bandages, time guidelines, skin care,
clothing, injuries.
exposure to U.V. light, exposure to chlorinated and salt water,
and skin care
products. In addition, written instructions will include
information when to seek
medical treatment if necessary.
2. Apprentice: A person, at least 18 years of age, working under
the
strict supervision of a licensed tattoo practitioner for the
purpose of learning
the trade of tattooing.
3. Autoclave: pressure vessel using steam, pressure, heat and time
to
kill micro-organisms. It must be used according to the
manufacturers directions.
A pressure cooker is not an autoclave.
4. Commissioner: Commissioner of Human Services.
5. Department: Department of Human Services.
6. Person: An individual, group of individuals, association,
partnership,
corporation, firm, or company.
7. Pigment: Shall refer to the materials used in tattooing to
implant a
lasting pattern in the skin.
8. Shall: A term used to indicate that which is required, the only
acceptable method under these rules.
9. Should: A term used to reflect the more preferable procedure,
yet
providing for the use of effective alternatives.
10. Sterilize: Shall mean to render free from infectious
organisms, by
use of an autoclave.
11. Tattoo: To insert pigment under the skin of a human being by
pricking
with a needle or otherwise, so as to produce an indelible mark or
figure
visible through the skin.
12. Tattoo practitioner: the person who places a tattoo on a human
being,
and is at least 18 years of age. A tattoo practitioner shall
possess a regular
tattoo license for at least one (1) year before training an
apprentice.
B. Severability.
1. The provisions of the rules are severable. If any provision of
these
rules is invalid, or if the application to any person or
circumstance is invalid,
such invalidity shall not affect other provisions or applications
which can be
given effect without the invalid provision or application.
3. SANITARY FACILITIES.
A. Water supply. The water supply shall be adequate, of a safe
sanitary
quality, and from a source approved by the Department.
1. All private water supplies shall be subject to inspection at
all times
and no water from such source shall be used or supplied to the
public unless a
sample therefrom has been tested and approved by the Department as
being
satisfactory within the preceding twelve (12) month period.
2. A copy of the water analysis from a state approved testing
facility,
shall be available on premises.
3. All water, not piped into the tattooing establishment directly
from
the source, shall be transported, handled, stored and dispensed in
a sanitary
manner.
B. Sewage Disposal.
All water carried sewage shall be disposed of by means of:
1. A public sewerage system; or
2. An approved sewage disposal system which is constructed and
operated
in conformance with applicable state and local laws, ordinances
and
regulations.
C. Establishment.
1. Screening: Effective control measures shall be utilized to
minimize
the presence of any and all vermin from the tattoo establishment.
2. Animals: Live animals, including birds and turtles, shall be
excluded
from the establishment, and from adjacent areas under the control
of the license
holder. Patrol dogs accompanying security or police officers,
guide dogs
accompanying handicapped persons, such as guide dogs for the blind
or
hearing ear guide dogs accompanying deaf and hearing impaired
persons or a guide dog
trainer, shall be permitted in the establishment. The security
person,
police officer, handicapped person or guide dog trainer shall be
responsible for
their dogs in public accommodations.
3. The room in which tattooing is done shall have an area of not
less
than 150 square feet. The area designated for the practice of the
art of
tattooing will be separated from any waiting or common area by a
wall not less than 4
feet in height.
D. Illumination.
1. At least 10 foot-candles of light intensity shall be provided
at a
distance of thirty inches (30") above the floor throughout
the tattooing
room and at least 25 foot-candles of light shall be maintained at
the place and
on surfaces, materials, and equipment where tattooing is being
performed.
E. Floors walls and ceilings.
1. All floors shall be kept clean and in good repair. All surfaces
shall
be easily cleanable and smooth.
2. All walls and ceilings, including doors, windows, skylights,
and
similar closures shall be kept clean, in good repair, and be
easily cleanable.
3. Studs, joists and rafters shall not be left exposed in waiting
rooms,
toilet rooms, or the room in which tattooing is being done.
4. Light fixtures, decorative material, and similar equipment, and
material attached to walls or ceilings, shall be kept clean.
F. Toilet Facilities.
1. A toilet and lavatory shall be located in or adjacent to the
tattoo
establishment and shall be accessible to the tattoo practitioner,
apprentice
and client_at all times that the tattooing establishment is open
for business.
The toilet and lavatory shall not be available to the general
public.
2. A lavatory with hot and cold running water, under pressure,
preferably
from a combination supply fixture shall be located in the room
where
tattooing is performed. Anti-bacterial hand cleanser and sanitary,
single use
disposable towels shall be provided.
3. Toilet rooms shall be vented to outside air.
4. The use of common towels and cups shall be prohibited.
G. Service tables. All service tables shall be constructed of
easily
cleanable material, shall be of light color, with a smooth
washable finish,
and separated from waiting customers or observers by a panel at
least four (4)
feet high.
1. The entire premises and all facilities used in connection
therewith
shall be maintained in a clean, sanitary, vermin free condition
and in good
repair.
H. Temporary establishments.
1. No person shall be licensed to practice the art of tattooing in
any
temporary place of business, such as agricultural fairs or
carnivals. Tents,
tent trailers, open-air facilities, and mobile tattoo
establishments are
prohibited.
2. A state licensed tattoo practitioner may practice the art of
tattooing
at a tattoo trade show. Approval of the facilities will be at the
discretion of
the department and shall be in an approved building with running
water,
handwashing facilities and toilets.
4. TATTOOING PROCEDURES
A. No tattooing shall be practiced on the person of any individual
who is
obviously under the influence of intoxicating liquor, or chemical
substances. No intoxicating beverages or chemical substances shall
be consumed on the
tattooing premises. This rule includes, but is not limited to, the
tattoo practitioner
and/or apprentice.
B. No tattooing shall be conducted outside of an approved tattoo
establishment or approved tattoo trade show, inspected by the
Department and
run by a licensed tattoo practitioner.
C. No tattooing shall be practiced on the person of any one who is
less
than 18 years of age, as verified by a driver's license, liquor ID
card, military
ID card, or other adequate record.
D. The tattoo practitioner or apprentice shall be 18 years of age
or
older.
E. Neither the tattoo practitioner, apprentice or person being
tattooed
shall use tobacco in any form while tattooing is being performed.
F. No tattooing shall be done on the head, neck, hands, feet or
the
genitalia of any person.
G. The tattoo practitioner/apprentice shall wash his or her hands
thoroughly with antibacterial soap and water and dry them with
individual single use
disposable towels before starting to tattoo.
H. The tattoo practitioner/apprentice shall use single service
impervious
gloves on both hands before beginning all procedures associated
with the
application of the tattoo.
I. No tattoo shall be penetrated, abraded, or treated with
chemicals for
the purpose of removal, except by licensed medical doctor. No
blemish,
birthmark, or scar can be camouflaged or altered except by a
licensed medical doctor.
J. A safety razor with a new single service blade, a new single
edge,
single use, disposable razor or an autoclavable straight edge
razor may be used for
shaving on only one person.
K. The area to be tattooed shall first be thoroughly washed for a
period
of at least two (2) minutes with warm water to which has been
added an
antiseptic soap. A new single use sponge, gauze or paper towel
shall be used to wash
the area. After shaving and before tattooing is begun, a solution
of 70% alcohol
shall be applied to the area with a single use sponge, gauze or
paper towel.
L. Only petroleum jelly, anti-bacterial, or anti-biotic
ointment_in
collapsible metal, plastic tubes, or its equivalent as approved by
the
Commissioner, shall be used on the area to be tattooed and it
shall be
applied with a sterile gauze or single use sterile tongue
depressor.
M. The use of styptic pencils, alum blocks, or other solid or
liquid
styptics to check the flow of blood is prohibited.
N. Any and all substances being applied to the skin including, but
not
limited to, enhancements of applicability of transfers, etc., will
be done
with a single service applicator.
O. All needles shall be of the single service type.
P. Single service items including, but not limited to, individual
containers of dye or ink, gloves, ointments, razors, and all other
applicable supplies
shall be used for each patron and the containers shall be
discarded
immediately after completing work on a patron and any dye in which
needles were dipped
shall not be used on any other person. These items shall be
disposed of in
accordance with state and local laws, utilizing the highest of
safety precautions. Used
needles used shall be properly disposed of in a sharps container.
Each
establishment must register with the Department of Environmental
Protection
under the Biomedical Waste Disposal Rules.
Q. Excess dye or ink shall be removed from the skin with an
individual
gauze or new single use paper towel which shall be used only on
one person and
then immediately discarded.
R. After completing work on any person, the tattooed area shall be
washed
with sterile gauze saturated with an antiseptic soap solution
approved by
the Commissioner, or a 70% alcohol solution. The tattooed area
shall be allowed
to dry and petroleum jelly, antiseptic ointment, antibacterial
ointment, or
antibiotic ointment, from a single use collapsible or plastic tube
or other
single service method of dispensing, shall be applied, using
sterile gauze.
A sterile, non-adherent gauze shall be applied to the finished
tattoo before
the customer leaves the establishment.
S. The tattoo practitioner shall provide written and verbal
aftercare
instructions to the person that has been tattooed.
T. Once the patron has left, the tattoo area shall be completely
cleaned
and sanitized to include the service chair and all tattoo related
equipment
before the next patron is allowed into the tattoo area. All
autoclavable items
shall be replaced with clean autoclaveable items stored in
individual sterile
packets.
U. All containers shall be labeled clearly with their contents.
V. Needles shall be examined for burrs with a magnifier or eye
loop
before being used.
5. CARE OF INSTRUMENTS.
A. Storing of instruments: All clean and ready-to-use needles and
instruments shall be kept in sterile packets and stored in a
closed glass, metal, or
rigid plastic case, or storage cabinet while not in use. Such
cabinet shall be
maintained in a sanitary manner at all times.
B. Sterilizing of instruments:
1. An autoclave shall be used for sterilizing all needles and
similar
instruments packed in sterile packets before use on any customer.
2. Dirty instruments awaiting sterilization shall be handled and
stored
so as not to contaminate any person, clean surface or equipment.
Before
sterilizing, all instruments shall be thoroughly washed to remove
dyes, blood clots, and
all other foreign matter.
3. The needles and instruments temporarily set down during
tattooing must
not become contaminated.
4. The autoclave shall be spore tested at least once each month
and
records shall be maintained and available for inspection for a
minimum period of one
year.
6. RECORDS.
A. A medical history of the client shall be obtained. Anyone with
a
history of diabetes or latex allergy shall be advised of possible
complications from
being tattooed and advised to consult with their physician.
B. Permanent records for each patron shall be maintained by the
person
operating the establishment. Before the tattooing operation
begins, the
patron shall be required to personally enter on a record form
provided for such
establishments, the date, his or her name, address, age, social
security
number, and his or her signature. Such records shall be maintained
in the tattoo
establishment and shall be available for examination upon request.
C. Records shall be retained for a period of not less than two (2)
years.
In the event of a change or ownership or closing of the business,
all records
shall be made available to the Department. The tattoo practitioner
shall issue a
receipt to each patron setting forth the name and address of the
establishment.
D. A copy of apprentice records shall be kept by the licensed
tattoo
practitioner that provides direct supervision. These shall include
at a
minimum the completed apprenticeship requirements form and a copy
of the permanent
record maintained for each patron tattooed by the apprentice.
E. All infections resulting from the practice of tattooing which
become
known to the tattoo practitioner shall be reported to the
Department within
twenty-four (24) hours by the person owning or operating the
tattooing
establishment, and the infected client shall be referred to a
physician.
7. HOSPITALS AND MEDICAL INSTITUTIONS
A. These rules are not applicable to licensed medical hospitals,
and
similarly licensed medical institutions.
8. TATTOOING OF ANIMALS.
A. No person shall allow the tattooing of animals in a tattoo
establishment used for tattooing human beings.
B. No needles or similar instruments used in tattooing human
beings shall
be used to tattoo animals.
32 M.R.S.A. @ 4251
NOTES:
EFFECTIVE DATE: May 4, 1978.
AMENDED: May 5, 1996 (Effective Date of Electronic Conversion);
May 31, 2000
(Secretary of State Rule Log # 2000-232)