172 Neb. Admin. Code, ch. 44, § 012

Current through June 17, 2024

Section 172-44-012 - REQUIRED DOCUMENTS, PHYSICAL STRUCTURE, EQUIPMENT, AND SUPPLIES FOR A BODY ART FACILITY

All body art facilities must comply with the following requirements.

012.01DOCUMENTS POSTED. The following documents must be posted in each facility in an area visible and assessable to the public:

(A) A copy of the current regulations governing sanitation and safety, 172 NAC 44;

(B) The current inspection report;

(C) A copy of the current license for each person practicing within the facility; and

(D) Pamphlets or literature explaining body art aftercare.

012.02IDENTIFICATION. Each person providing body art procedures must have a government-issued or state-issued photo identification card or document available for viewing by the Department inspector.

012.03CLIENT RECORDS. Body art facilities must maintain client records. The following specifies the information that must be documented in client records and the retention schedule:

012.03(A)ALL CLIENTS. The following information must be maintained in the client record:

(i) Name, address, and date of birth of the client;

(ii) A copy of the client's federal or state Identification which has a current photograph and date of birth on the document, such as, driver's license, military identification document, state identification documents, or passport;

(iii) Any known client allergies;

(iv) Any condition that may affect or hamper healing;

(v) The name of the body artist who performed the procedure;

(vi) The date of the procedure;

(vii) The location of the procedure on the client's body; and

(viii) A description of the type of procedure provided.

012.03(B)CLIENTS UNDER 18 YEARS OF AGE. If the client is under 18 years of age, the following information must be maintained in the client record in addition to the information set out in 172 NAC 44-012.03(A):

(i) A copy of the parent or legal guardian's federal or state identification which has a current photograph and date of birth on the document, such as, driver's license, military identification, state identification, or passport;

(ii) Consent form for all persons under 18 years of age, signed by the parent or legal guardian and client; and

(iii) A copy of a document that verifies the parent or guardian of the minor, such as, birth certificate, adoption record, guardian records, or court documents.

012.03(C)CLIENT RECORD RETENTION SCHEDULE. Client records must be retained as follows and made available to the Department upon request:

(i) All records must be maintained in a confidential manner;

(ii) For clients 18 or older, the records must be retained for 3 years;

(iii) For clients under 18 years of age, the client records and consent forms must be retained for 5 years; and

(iv) For inspection purposes, all client records for the past year must be maintained on-site at the facility.

012.04PHYSICAL STRUCTURE. The facility must be well lighted, well ventilated and kept in a clean, orderly, and sanitary condition at all times. The following applies:

(A) All walls, floors and procedure areas must be washable, in good repair, and in a safe and sanitary condition;

(B) All body art facilities must have a dedicated physical address;

(C) For body art facilities there must be:

(i) An entrance leading directly into the facility;

(ii) There can be no direct opening between a facility and any building or portion of a building used as a food, liquor, or tobacco facility; and

(iii) Body art facilities located in a cosmetology salon, esthetic salon, or nail technology salon may share an entrance into the entire facility; the body art facility must be separated from the salon by at least 6-foot high walls. The same room can be shared by an esthetician and permanent color technician;

(D) Each facility must have an area that can be screened from public view for clients requesting privacy or for all genitalia body art procedures; and

(E) Branding procedures must be provided in an enclosed room with doors that shut.

012.05WATER. The facility must have hot and cold running water.

012.06SAFETY. The facility must be maintained in a safe and sanitary condition and meet the following requirements:

(A) Floors, floor coverings, walls, woodwork, ceilings, furniture, fixtures and equipment must be clean and in good repair;

(B) Floors must be free of unsafe objects and slippery or uneven surfaces;

(C) Doorways, stairways, passageways, aisles or other means of exit must provide safe and adequate access;

(D) Electrical appliances must be clean and have no worn or bare wiring; and

(E) Water or product spills on the floor must be removed immediately and floor dried.

012.07RESTROOM FACILITIES. Restrooms must be clean and sanitary at all times and include the following:

(A) A toilet which is operational;

(B) Suitable holders for toilet paper;

(C) An adequate supply of toilet paper;

(D) A clean waste receptacle;

(E) A sink which is operational and has hot and cold running water;

(F) Liquid soap or foam; and

(G) Single-use disposable towels in a clean holder or an electric hand dryer.

012.08REQUIRED EQUIPMENT AND FURNISHINGS. Each facility must have the following equipment and furnishings that are in good repair, cleanable, and in a sanitary condition at all times.

012.08(A)PROCEDURE HAND WASHING SINK AREA. The hand washing sink area must be clean and include:

(i) A hand washing sink with hot and cold running water that passes through a mixing type of faucet;

(ii) Liquid or foam soap;

(iii) Single-use paper towels; and

(iv) Waste receptacle.

012.08(B)EQUIPMENT WASHING SINK AREA FOR EMPLOYEE USE ONLY. Facilities which use all disposable equipment are not required to have an equipment washing sink area. The equipment washing sink area must be clean, dedicated to equipment washing only, and include:

(i) An equipment washing sink with hot and cold running water that passes through a mixing type of faucet;

(ii) Liquid or foam soap;

(iii) Single-use paper towels; and

(iv) Waste receptacle.

012.08(C)SHARPS CONTAINER. Contaminated sharps must be disposed of in an approved sharps container in a manner to ensure the prevention of cross-contamination.

012.08(D)AUTOCLAVE. If the facility uses non-disposable equipment or instruments, it must have an autoclave.

012.08(E)WASTE RECEPTACLE. A facility must have at least 1 waste receptacle for each workstation, which is covered and has a plastic liner.

012.08(F)WORK TABLES OR COUNTERS. All work tables or counters must be smooth, non-absorbent, non-porous, and be able to be disinfected.

012.08(G)FIRST AID KIT. All facilities must have a first aid kit.

012.08(H)CLIENT CHAIRS AND BODY ARTIST CHAIRS. Chairs must be made of cleanable non-porous material.

012.08(I)BARRIERS. Disposable protection or covering on equipment and supplies must be used during procedures and be changed between procedures to ensure the prevention of cross-contamination.

012.08(J)STORAGE. The facility must have clean cabinets or containers for storing clean instruments, supplies, cloth towels and linens. Storage within the facility must comply with the following requirements:

(i) Flammable and combustible chemicals must be stored away from potential sources of ignition such as an open flame or an electrical device;

(ii) All chemicals must be stored in closed bottles or containers and properly labeled;

(iii) Cabinets, drawers, containers used for storage of supplies, instruments and towels must be clean;

(iv) Unused supplies must be stored in a clean, enclosed container, cabinet, or drawer and supplies must be labeled accordingly;

(v) Instruments that have been used on a client or soiled in any manner must be placed in a properly labeled covered receptacle until disinfected;

(vi) Cloth linens must be deposited in a closed receptacle after use;

(vii) Used or soiled cloth linens must not be used again until properly laundered and sanitized and must be kept in a closed receptacle;

(viii) Clean cloth towels or linens must be stored in a clean, labeled, enclosed cabinet or container until used; and

(ix) Disinfectant solution must be used and maintained in accordance with the manufacturer's directions and covered at all times.

012.08(K)DISPOSABLE SINGLE-USE TOWEL. Only disposable single-use towels must be used for body art procedures and must be discarded in a closed receptacle with a disposable liner, immediately following each body art procedure.

012.09PRODUCTS. Products must comply with the following requirements:

(A) All liquids, inks, creams, gels, pastes, powders, and other products must be kept in clean, closed containers;

(B) Original product bottles and containers must have an original manufacturer's label;

(C) When only a portion of the product is to be used on a client, the product must be removed from the container by a spatula, scoop, spoon, or dropper so that the product does not come in direct contact with the client and to assure the remaining product is not contaminated;

(D) If a product is poured into another container, the container must be labeled to identify the product;

(E) Manufacturer's directions must be followed when using products;

(F) Single-use products that are not sharps that come in direct contact with a client and cannot be disinfected, such as cotton pads, cotton balls, pads, "Q-tips", sponges, bandages, tapes, surgical dressing and other similar items, must be disposed of in a covered waste receptacle with a plastic liner immediately after use;

(G) All products applied to the skin, including stencils, must be single-use and disposable. Acetate stencils cannot be re-used. Petroleum jellies, soaps, and other products used in the application of stencils must be dispensed and applied on the area to be tattooed in a manner to prevent contamination of the original container and its contents; and

(H) All products used to stop bleeding or to absorb blood must be sanitary and be single-use.

012.10PIGMENTS, DYES, INKS, AND LIQUIDS. Pigments, dyes, inks, and liquids used from stock solutions for each client must be placed in a single-use cup or cap and remaining solution must be discarded and disposed of after each use.

012.11INK CAPS. Ink caps are required if providing tattooing and permanent color technology procedures. If the body artist uses a reusable ink cap holder, the holder must be smooth, non-absorbent, non-porous, and able to be autoclaved.

012.12RASH OR INFECTION. Any skin or mucosa surface to receive a body art procedure must be free of suspected rash or any suspected visible infection. The body artist must be free from any infection or other visible disease that may be transmitted as a result of carrying out the body art procedure.

012.13BODY ARTIST HAND CLEANLINESS. Body artists must wash their hands thoroughly with liquid soap or foam and water and dry them with single-use disposable towels before and after serving each client and at any time during the procedure when the hands may become contaminated.

012.14GLOVES. When performing body art procedures, the body artist must wash his or her hands prior to gloving. Gloves must be disposed of after the completion of each procedure on each client. If gloves become torn, punctured or otherwise contaminated, the body artist must remove and dispose of the gloves, wash his or her hands with liquid soap or foam and water, dry with a disposable towel, and then put on a new pair of gloves before resuming the body art procedure.

012.15REGULATED OR INFECTIOUS WASTE. Regulated or infectious waste must be handled and stored so that human exposure is prevented.

012.16PREPARATION AND CARE OF THE BODY ART PROCEDURE AREA. The following requirements apply to the preparation and care of the body art procedure area.

012.16(A)WASHING. Before performing body art procedures, the immediate area of the skin or mucous membrane where the body art procedure is to be placed must be washed with liquid soap or foam and water. Only single-use disposable towels, washing pads, blotters, or similar single use materials may be used and these materials must be discarded after a single use.

012.16(B)ORAL BODY ART. Before an oral body art procedure may be performed, the client must rinse his or her mouth with an antiseptic mouthwash which must be provided to the client in single-use cups.

012.16(C)SHAVING. If shaving is necessary, single-use disposable razors or safety razors with single-procedure blades must be used. Single-procedure blades must be discarded after each use and the reusable holder must be autoclaved after each use. Non-disposable clippers may be used prior to any procedure then cleaned and sprayed with a disinfectant solution after each client. Following shaving, the skin and surrounding area must be washed with liquid soap or foam and water or antiseptic.

012.17AUTOCLAVE, STERILIZATION, AND ULTRASONIC CLEANING UNITS. The following is required:

012.17(A)AUTOCLAVE. If the facility uses non-disposable equipment and instruments, it must have an autoclave used for sterilizing tools or equipment that must be clean and body artists must follow the manufacturer's directions for use.

012.17(B)AUTOCLAVED INSTRUMENTS. Instruments that are to be autoclaved within the facility must be sterilized in single-use paper pre-packs or other containers designed for sterilizing instruments. If pre-packaged or packages which have been autoclaved in the facility are torn, wet, or compromised, they cannot be used until they are re-packaged and re-autoclaved. Any package which has an expiration date printed on the package cannot be used after the expiration date has passed; they must be re-packed and re-autoclaved prior to use.

012.17(C)JEWELRY STERILIZATION. Jewelry used for new body piercing must be sterilized with an autoclave and the jewelry must be nonporous, smooth, and disinfected.

012.17(D)NON-DISPOSABLE INSTRUMENT STERILIZATION. All non-disposable instruments used for body art must be sterilized after each use. Autoclave sterilization must be conducted for the cycle of time and corresponding operating pressure recommended by the manufacturer of the autoclave.

012.17(E)STERILIZED INSTRUMENTS. Every batch of sterilized instruments must be monitored for sterilization by use of a heat sensitive indicator or integrator that is capable of indicating approximate time and temperature achieved. Sterilized instruments must be individually packed and stored in a clean closed container or drawer until used. Sterilized unwrapped instruments must be stored in a covered container or drawer, and sterilized again immediately prior to use.

012.17(F)ULTRASONIC CLEANING UNITS. If ultrasonic cleaning units or dry heat sterilizers are used, they must be used in addition to autoclaving, must be used and maintained in accordance with the manufacturer's recommendations, and be clean and sanitary.

012.18AUTOCLAVE STANDARDS. The following autoclave standards must be followed.

012.18(A)SPORE DESTRUCTION TESTS. Spore destruction tests must be performed to prove that autoclaves are capable of attaining the minimum operating standards. Spore tests must be performed at a minimum of one time every 30 days for each autoclave and must be verified through an independent laboratory or tester. A testing facility must be qualified by the Centers for Disease Control and Prevention (CDC), the American Dental Association (ADA), the American Medical Association (AMA), or the Food and Drug Administration (FDA). A record of all spore tests must be maintained for 3 years and must be maintained for a minimum of 1 year on site.

012.18(B)POSITIVE SPORE TEST. An autoclave which has received a positive spore test must be immediately removed from procedure and cannot be used again until it receives a passing or negative growth report from a qualified testing facility. Equipment and tools run through a positive cycle should not be used until re-sterilized properly.

012.18(C)CLEANING AND SERVICING AUTOCLAVES. All autoclaves must be cleaned and maintained according to manufacturer's instructions. A copy of the manufacturer's cleaning and servicing instructions must be maintained in the facility.

012.19NOT ALLOWED OR TO BE USED IN THE FACILITY. The following are not allowed in a body art facility:

(A) Smoking or vaping;

(B) Body artists consuming food or beverages in any area where body art is performed; clients may be allowed to consume food or non-intoxicating drinks;

(C) Body artists and clients consuming, serving, or in any manner possessing or distributing intoxicating beverages upon the facility premises;

(D) Performing body art procedures on clients who appear to be under the influence of alcohol, narcotic drugs, stimulants, or depressants;

(E) Dermal or biopsy punches and lasers;

(F) Unlicensed persons or persons with an expired or inactive license providing body art procedures;

(G) Animals and pets, except service animals; and

(H) Fish aquariums in any procedure area, except covered aquariums are allowed in the waiting room and non-procedure areas.

172 Neb. Admin. Code, ch. 44, § 012

Amended effective 6/14/2023