La. Admin. Code tit. 51 § XXVIII-107
Current through Register Vol. 50, No. 11, November 20, 2024
Section XXVIII-107 - Practice Standards; Restrictions [formerly paragraph 28:004]A. [Formerly paragraph 28:004-1] Prior to any body art procedure, a consent form shall be completed and signed by each client. Aftercare instructions shall be given to the client both verbally and in writing after every service. The written care instructions shall advise the client to consult the body art operator or a qualified health care professional at the first sign of abnormal inflammation/swelling or possible infection.B. [Formerly paragraph 28:004-2] Registrants may obtain advice from physicians regarding medical information needed to safeguard consumers and body art operators.C. [Formerly paragraph 28:004-3(a)] Registrants shall keep an individual written record of each client. That record shall include the name and address of the client; the date of each service; description of service; the color, manufacturer and lot number of each pigment used for each tattoo or permanent cosmetic procedure performed. 1. [Formerly paragraph 28:004-3(b)] The following information should be requested by the registrant or operator and recorded on the client's written record required in §107. C In order to promote proper healing of the body art procedure performed, we ask that you disclose if you have, or have had, any of the following conditions which may affect the healing process: b. history of hemophilia (bleeding);c. history of skin diseases, skin lesions or skin sensitivities to soap, disinfectants, etc.;d. history of allergies or adverse reactions to pigments, dyes or other skin sensitivities;e. history of epilepsy, seizures, fainting or narcolepsy;f. pregnancy or breast-feeding/nursing;D. [Formerly paragraph 28:004-3(c)] Each commercial body art facility shall display a sign clearly visible to each client which bears the following wording. 1. "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 if you have, or have had, any of the following conditions: b. history of hemophilia (bleeding);c. history of skin diseases, skin lesions or skin sensitivities to soap, disinfectants, etc.;d. history of allergies or adverse reactions to pigments, dyes or other skin sensitivities;e. history of epilepsy, seizures, fainting or narcolepsy;f. pregnancy or breast-feeding/nursing;2. The sign required in this sub-section shall be printed in upper and lower case letters which are at least 1/2 inch and 1/4 inch in height respectively.E. [Formerly paragraph 28:004-4] For permanent cosmetic procedures, operators shall take photographs for corrective procedures before and after the procedure and retain such photographs.F. [Formerly paragraph 28:004-5] Records shall be kept for a minimum of three years.G. [Formerly paragraph 28:004-6] Inks, dyes, or pigments shall be purchased from a commercial supplier or manufacturer. Products banned or restricted by the Food and Drug Administration shall not be used.H. [Formerly paragraph 28:004-7] Registrants or operators shall not perform tattooing and body piercing for any of these individuals: 1. on a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;2. on persons who show signs of intravenous drug use;3. on persons with sunburn or other skin diseases or disorders such as open lesions, rashes, wounds, puncture marks in areas of treatment;4. on persons with psoriasis or eczema present in the treatment area;5. on persons under 18 years of age without the presence, consent and proper identification of a parent, legal custodian parent or legal guardian as prescribed in R.S. 14:93.2(A) and (B). Nothing in this Section is intended to require an operator to perform any body art procedure on a person under 18 years of age with parental or guardian consent.I. [Formerly paragraph 28:004-8] Use of a piercing gun to pierce shall be prohibited on all parts of the body, including the outer cartilage perimeter of the ear with the exception of the ear lobe.J. [Formerly paragraph 28:004-9] Use of personal client jewelry or any apparatus or device presented by the client for use during the initial body piercing shall be sterilized prior to use. Each facility shall provide pre-sterilized jewelry, apparatus, or devices, which shall be of metallic content recognized as compatible with body piercing.K. [Formerly paragraph 28:004-10] No person afflicted with an infectious or communicable disease that may be transmitted during the performance of body art procedures shall be permitted to work or train in a commercial body art facility.L. [Formerly paragraph 28:004-11] No commercial body art facility shall require an operator to knowingly work upon a person suffering from any infectious or communicable disease that may be transmitted during the performance of permanent color, tattoo application, or body piercing.M. [Formerly paragraph 28:004-12] Nothing shall prohibit a commercial body art facility operator from refusing to provide services to anyone under the age of 18.La. Admin. Code tit. 51, § XXVIII-107
Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1458 (June 2002).AUTHORITY NOTE: Promulgated in accordance with the provisions of R.S. 40:4, R.S. 40:5, and 40:2833.