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:

MICROPIGMENTATION

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)