Rule 37.112.103 - DEFINITIONS(1) "Aftercare instructions" means verbal and written instructions that the client should follow to prevent infection and promote healing of the skin after receiving a tattoo or body piercing.(2) "Antiseptic" means a substance applied to the skin that kills or inhibits the growth of disease-causing microorganisms.(3) "Artist" means a tattooist or body piercer.(4) "Aseptic technique" means a procedure that prevents contamination of any object or person.(5) "Body modification" is the intentional altering of the human body for any nonmedical reason.(6) "Body piercer" means a person who engages in the practice of piercing as defined in 50-48-102, MCA.(7) "Body piercing establishment" means any room, space, shop, or salon, including a temporary or mobile facility, where body piercing is practiced.(8) "Cleaning room" means the room used to sterilize instruments and jewelry with an autoclave.(9) "Client" means the person whose skin will be tattooed or pierced.(10) "Contaminated" means the probable presence of disease-causing microorganisms.(11) "Department" means the Department of Public Health and Human Services.(12) "Disinfectant" means a substance or solution, registered with the United States Environmental Protection Agency (EPA), which kills or inactivates viruses and pathogenic microorganisms, but not necessarily their spores.(13) "Ear lobe piercing" means the puncturing of the ear lobe, but not the ear cartilage, to create a permanent hole for cosmetic purposes.(14) "Easily cleanable" means a characteristic of a surface that allows effective removal of soil by normal cleaning methods.(15) "Equipment" means all machinery, including fixtures, containers, vessels, instruments, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of an establishment.(16) "Implant" means any transdermal or subdermal object that is embedded into a person's body. Implants do not include microdermal anchors or two-point piercings.(17) "Infectious waste" means the definition found in 75-10-1003, MCA.(18) "Ink cup" means a small container for an individual portion of pigment which may be installed in a holder or palette, and in which a small amount of pigment is placed.(19) "Instrument" means hand piece, needle, and any other tool that may come in contact with a client's body or be exposed to blood or body fluids during a tattooing or body piercing procedure.(20) "Jewelry" means any ornament designed for insertion into a pierced area of a client.(21) "Microdermal anchor" means a piece of jewelry defined in ARM 37.112.103(16) used for single-point piercings that has a foot no larger than 8mm in length.(22) "Mobile establishment" means a facility where tattooing or body piercing or both is conducted, utilizing a wheeled vehicle for movement from place to place.(23) "Operator" means any owner of an establishment or any person who is responsible for the establishment as well as the other artists working at the establishment, for the purpose of meeting the requirements of this chapter.(24) "Permanent cosmetics", also known as permanent makeup or micropigmentation, means tattooing any part of the face for cosmetic purposes.(25) "Physician" means a person licensed to practice medicine in Montana by the Montana Board of Medical Examiners under the Department of Labor and Industry.(26) "Sanitization" means the effective treatment of surfaces of inanimate objects by a product registered by the EPA that provides a sufficient concentration of chemicals and enough time to reduce the bacterial count, including pathogens, to a safe level.(27) "Sharps" means any discarded instrument or article that may be contaminated with blood or other bodily fluid and may cause punctures or cuts, including but not limited to needles, scalpel blades, uncovered razors, and broken glass. A disposable shaving razor with protective cap in place is not considered a sharp.(28) "Single-point piercing" means a piercing that creates a hole in the skin that acts as both the entry and exit for a microdermal or transdermal anchor.(29) "Single-use" means items that are intended to be used once then discarded.(30) "Sterilize" means to treat an object or surface with a procedure that kills or irreversibly inactivates all microorganisms, including bacteria, viruses, and pathogenic fungi, including their spores.(31) "Subdermal object" means an item that is being, living, used, or made under the skin.(32) "Tattoo establishment" means any room, space, shop, or salon, including a temporary or mobile facility, where tattooing is practiced.(33) "Tattooist" means a person who engages in the practice of tattooing as defined in 50-48-102, MCA.(34) "Temporary establishment" means a facility where either tattooing or body piercing or both are conducted for not more than 14 days at one location in a calendar year.(35) "Transdermal anchor" means a piece of jewelry defined under ARM 37.112.103(16) used for single-point piercings that has a foot larger than 8mm in length.(36) "Transdermal object" means an item that is passed, entered, or made by penetration through the skin. Transdermal objects do not include microdermal anchors.(37) "Two-point piercing" means a piercing that punctures the skin creating a distinct entry and exit point.(38) "Universal precautions" means the current set of guidelines and controls published by the U.S. Centers for Disease Control and Prevention that includes specific recommendations for the use of protective equipment such as gloves, masks, or protective eye wear whenever contact with blood or body fluids containing blood is anticipated.(39) "Work room" means a designated room or area in which either tattooing or body piercing takes place.Mont. Admin. r. 37.112.103
NEW, 2007 MAR p. 351, Eff. 3/23/07; AMD, 2013 MAR p. 156, Eff. 2/1/13.50-48-103, MCA; IMP, 50-48-102, 50-48-103, MCA;