216-40-10 R.I. Code R. § 15.4

Current through May 1, 2024

Section 216-RICR-40-10-15.4 - Registration Requirements for Tattoo/Permanent Makeup Artists

Pursuant to R.I. Gen. Laws § 23-1-39, no person shall engage in the practice of tattooing or hold himself/herself as a tattoo artist in this state unless he/she is registered in this state under the statutory and regulatory provisions of this Part. Provided, that physicians duly licensed to practice medicine in the state of Rhode Island under the provisions of R.I. Gen Laws Chapter 5-37, shall be exempt from this registration requirement. However, a physician engaged in the practice of tattooing in his/her private office shall be required to register the site as a tattoo parlor/shop and meet the requirements of § 15.5 of this Part.

15.4.1Qualifications

A. Any applicant seeking registration in this state must:

1. Be over 18 years of age;

2. Be of good moral character;

3. Demonstrate knowledge of aseptic tattooing technique via inspection, as indicated in §15.4.3 of this Part; and

4. Have completed an apprenticeship program as outlined in this Part or has shown equivalent documentation of education/experience in the art of tattooing/permanent makeup.

15.4.2Application and Registration Fee

A. Application for registration shall be made on forms provided by the Division including, if applicable, a request for inspection form, which shall be completed and submitted to the Division. Such application shall be accompanied by the following documents:

1. For U.S citizens: a certified copy of birth certificate;

2. For non-U.S. citizens: proof of lawful entry into the United States and proof of lawful eligibility for employment in the United States;

3. A registration fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title);

4. A recent identification photograph of the applicant, head and shoulders, front view, approximately 2x3 inches in size; and,

5. A completed "Inspection Request" form.

a. Said inspection will be completed within ninety (90) days of application.

B. Any applicant who has not previously been issued a registration by the registration agency will be required to submit to a technique inspection, as set forth in §15.4.3 of this Part, before a registration shall be issued.

15.4.3Registration of Tattoo/ Permanent Makeup Artists and Apprentices

A. By Examination

1. Applicants and apprentices who have completed an apprenticeship program, seeking registration as a tattoo/permanent makeup artist, shall be required to demonstrate aseptic tattooing technique via an examination administered by the registration agency, to test the applicant's fitness to engage in the practice of tattooing/permanent makeup. Such examination shall test the applicant's knowledge and practices of infection control and such other areas as may be deemed necessary, and shall be administered upon completion and review of the application.

a. Applicants who have not satisfactorily met the application requirements of this Part relating to the examination described in §15.4.3(A)(1) of this Part will be given two (2) additional opportunities to demonstrate tattooing technique. Failure to meet all technique requirements will result in denial of registration.

b. Applicants wishing to reapply for registration may do so after a six (6) month waiting period between attempts at the examination.

B. Apprenticeships

1. Persons wishing to begin an apprenticeship program at an established tattoo parlor must register with the registration agency within thirty (30) days of beginning a tattoo parlor's apprenticeship training program.

2. A tattoo parlor's apprenticeship training program must span eighteen (18) months from the apprentice registration date and should be inclusive of the following:

a. Practical Operation: 150 hours

b. Aseptic Tattooing Technique: 50 hours

c. Anatomy and Physiology: 30 hours

d. Skin and Skin Disorders: 20 hours

e. Aftercare Instruction: 10 hours

f. Equipment and Supplies: 20 hours

g. Rhode Island Rules and Regulations for Tattoo Artists and Tattoo Parlors: 20 hours

3. Upon completion of a tattoo parlor's training program, documentation of training must be presented with the tattoo license application to the registration agency for review and processing.

4. Parlor patrons receiving a tattoo/permanent make up procedure from an apprentice must be informed prior to the tattoo/permanent makeup procedure in writing, and acknowledge via a dated signature, that they willfully accept the tattoo/permanent makeup procedure to be performed by an apprentice.

5. The licensed tattoo artist trainer must be present at all times during procedures performed by the apprentice.

15.4.4Issuance and Renewal of Registration and Fee

A. The Director shall issue to applicants who have satisfactorily met the application and examination requirements of this Part, a registration to practice tattooing in the state. This registration, unless sooner suspended or revoked, shall expire on December 31st of each year.

B. On or before the first day of December in each year, an application for online renewal of registration shall be mailed to every person to whom a registration has been issued during the current year.

C. Every person so registered who desires to renew his/her registration shall electronically file with the Division:

1. An online renewal acknowledgement of adherence to the requirements of this Part.

2. The fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

D. Lapsed Registration

1. Any registrant who allows the registration to lapse may have same reinstated by submitting to the registration agency, an application and accompanying documents, as required in §15.4.2 of this Part.

2. Any registrant whose registration lapses for two (2) or more years shall be required to submit to the practical examination of aseptic tattooing technique administered by the registration agency.

15.4.5Tattooing Practice

A. A registered tattoo artist shall maintain sanitary and safe practice in accordance with prevailing standards contained in this Part.

1. Dyes, Pigments, Transfer Paper, and Stencils:

a. All dyes and pigments shall be manufactured for the purpose of tattooing and used according to the manufacturer's specifications.

b. In preparing dyes or pigments, non-toxic materials shall be used.

c. Single-use, sterile, individual containers for dyes or pigments shall be used for each patron.

d. The stencil, unless composed of acetate, shall be used for a single tattoo procedure only. Acetate stencils may be disinfected and re-used.

e. Transfer paper shall be one time use and shall be used per manufacturer's specifications.

2. Tattoo Procedures:

a. A tattoo artist shall conduct his/her tattooing practice so as to prevent the transmission of communicable diseases from client to client and from artist to client. Tattoo artists shall maintain at least the following minimum standards in the practice of tattooing:

(1) The area of the body to be tattooed, and all parts of the body which are visible, shall be examined for signs of intravenous drug use, open sores, lesions, oozing wounds, and skin diseases. If such are found, or suspected, the person shall not be tattooed.

(2) Each tattoo artist shall wear a clean outer garment. If the garment is visibly contaminated with blood, it shall be changed between clients.

(3) Before working on each client, each tattoo artist shall clean his/her own fingernails with a brush and shall thoroughly wash and scrub hands with hot running water, using germicidal soap from a dispenser. Hands must also be washed after each rest room use, before putting on gloves and after taking off gloves.

3. Tattoo Materials:

a. All materials necessary for the tattooing process shall be set up on a single-use disposable sterile cloth (e.g., polycloth). All autoclaved/sterile packs shall be opened ready for use without touching the interior of the pack. Single-use or collapsible tubes shall be used for lubricants.

b. Any shaving shall be done with a single use razor blade or razor.

c. The skin shall be prepared first by thoroughly soaping with an antiseptic soap and rinsing with tap water. Following this cleansing, a germicidal solution (such as 70% isopropyl alcohol) shall be applied to the skin using a sterile swab.

d. Stencil transfer medium shall be applied (if applicable) using sterile swabs and prepared clean transfer paper/stencil shall be applied to the skin.

e. After applying the stencil, the tattoo artist shall remove and discard gloves and again wash and scrub his/her hands with soap and water and dry hands using paper towels.

f. Prior to commencing application of the tattoo, the tattoo artist shall then re-glove.

g. If there is a need to rinse the tube and needle between colors, this shall be done with ninety-one percent (91%) isopropyl alcohol or sterile water in sterile single-use disposable containers or non-disposable sterilized containers.

h. As the tattoo operation progresses, any excess dye or pigment applied to the skin shall be removed with sterile, lint-free material.

i. The tattoo shall be allowed to dry. After drying, a sterile lubricant shall be applied from a collapsible metal or plastic tube, and the entire area covered with a piece of sterile gauze or similar sterile porous material.

j. Needles and microblades shall be immediately deposited into a puncture-resistant infectious waste sharps container. Needles and microblades shall not be reused.

k. All used sharps and any blood soaked material shall be handled and discarded according to the Medical Waste Regulations (250-RICR- 140-15-1). All other material shall be discarded appropriately.

l. Unless one time use and disposable, all tubes must be rinsed with tap water and then placed in a germicidal solution (e.g., Cidex) or directly into an ultrasonic cleaner.

m. Gloves shall be removed and discarded in accordance with the requirements of the Medical Waste Regulations (250-RICR- 140-15-1).

n. Immediately after tattooing, the tattoo artist shall advise the patron, both verbally and in writing, on the care of the tattoo and shall instruct the patron to consult a physician at the first sign of infection (such as excessive pain, redness, swelling, or discharge) in the area of the tattoo.

o. All work surfaces and non-autoclaved equipment (e.g., tattoo machine and pliers) used in the tattoo process shall be cleaned with an EPA-approved bactericidal, virucidal, fungicidal, tuberculocidal surface disinfectant/decontaminant cleaner between clients. Gloves shall be used in the cleaning process. Subsequently, the artist shall wash his/her hands with a germicidal soap after cleaning work surfaces and equipment.

p. After tattooing, the remaining unused dye or pigment shall be discarded in accordance with the requirements of the Medical Waste Regulations (250-RICR- 140-15-1). Non-disposable individual containers shall be resterilized, according to specifications in §15.4.5(A)(5) of this Part.

4. Tattoo Equipment:

a. A set of individual, single-use sterilized needle bars shall be used for each new patron. Before each use, the open end of the reusable needle tube of the tattooing machine shall be cleaned and sterilized in an approved manner as set forth in §15.4.5(A)(5) of this Part.

b. Unless one time use and disposable, the needle tubes shall be cleaned by use of an ultrasonic cleaner and sterilizer. Immersion time for all equipment shall be five (5) minutes. Ultrasonic cleaning tank detergent shall be changed daily. The tank shall be scrubbed thoroughly with a ninety-one percent (91%) solution of isopropyl alcohol between detergent changes.

c. Adequate numbers of sterilized needles, tubes and/or microblades shall be on hand for each operator for the entire day or night operation, based on the average number of clients per day. Failure to maintain an adequate number of sterilized needles, tubes, and/or microblades shall require the artist to cease operations until such time as an adequate number becomes available.

d. All items of equipment which may be touched during the tattoo process, such as clip cords, machine heads, spray bottles, etc., shall be capable of being sheathed easily with a disposable impervious covering.

e. Storage cabinets shall be maintained in a sanitary condition and all instruments, dyes, pigments, stencils and other equipment, when not in use, shall be stored in an orderly manner.

5. Sterilization:

a. Sterilizing of instruments: Operational sterilizers shall be available in each tattoo parlor unless all materials are one time use and disposable. All multiuse grips and needle tubes shall be sterilized after each use by autoclaving per manufacturer's specifications.

b. If in use, autoclave units shall be checked monthly, using a standard spore test, with results maintained on file for inspection. Autoclave units shall be maintained in accordance with manufacturer's specifications. Records of said monthly checks shall be maintained for a minimum of two (2) years.

c. A log book shall be maintained for the results of said monthly inspections and shall include no less than the following items:

(1) Date of inspection;

(2) Results of inspection; and

(3) The signature of the tattoo artist who conducted the inspection.

d. The sterilizing date shall be noted, and evidence of sterilization shall be demonstrated by color indicator or equivalent. Packs shall be used within thirty (30) days or resterilized.

B. Restrictions: All tattoo patrons must meet the age eligibility requirements of R.I. Gen. Laws § 11-9-15.

216 R.I. Code R. § 216-RICR-40-10-15.4