SOUTH DAKOTA ADMINISTRATIVE CODE
TITLE 44. DEPARTMENT OF HEALTH
ARTICLE 12. TATTOOING AND BODY PIERCING
CHAPTER 1. MINIMUM SANITATION STANDARDS FOR TATTOOING
44:12:01:01. Definitions
The terms used in this chapter mean:
(1) "Communicable disease," a disease which is capable
of being
transmitted from person to person;
(2) "Department," the state Department of Health;
(3) "Minor," a person who is under the age of 18 years;
(4) "Patron," a person who receives a tattoo;
(5) "Permanent tattoo establishment," a building where
tattooing is
practiced on a year-round basis;
(6) "Tattoo artist," a person engaged in the practice
of tattooing;
(7) "Tattoo establishment," the building or structure
where tattooing is
practiced;
(8) "Tattooing," to puncture the skin of a person with
a needle and
insert indelible permanent colors through the puncture to leave
permanent marks or
designs;
(9) "Tattooing area," within a tattoo establishment,
the immediate
vicinity where tattooing is performed;
(10) "Temporary tattoo establishment," a building or
structure where
tattooing is practiced for not more than 30 days.
44:12:01:02. Applicability
The standards in this article apply to both temporary and permanent
tattoo establishments.
44:12:01:12. Tattoo artist -- Restricted activities
A tattoo artist may not engage in the practice of tattooing while
under
the influence of alcohol or other mind-altering drugs. Minors
are prohibited
from the practice of tattooing. A tattoo artist who knowingly
has an infectious
disease in a communicable stage may not tattoo a patron. Infectious
diseases
include rashes, skin lesions, boils, and bloodborne diseases such
as viral
hepatitis B and human immunodeficiency virus infection. A tattoo
artist
shall wear clean, laundered clothing and shall bathe daily.
44:12:01:07. Tattoo establishments -- Animals prohibited -- Restricted
activities
Animals other than guide dogs are prohibited in tattoo establishments.
Smoking, eating, and drinking are prohibited within 10 feet of
the tattooing
area. Tattoo establishments may not be used for activities which
are not
directly associated with the practice of tattooing.
44:12:01:03. Tattoo establishments -- General provisions
A tattoo establishment must be a minimum of 60 square feet for
one tattoo
artist and 40 square feet for each additional artist. A tattoo
establishment
must be physically separated from facilities used for practices
other than
tattooing. Floors and walls of the tattooing area must be smooth,
easily
cleanable, nonabsorbent, and in good repair. Ceilings above the
tattooing
area must be smooth, easily cleanable, and in good repair. A minimum
of 30
foot-candles of light must be provided for applying the tattoo
and a minimum
of 10 foot-candles for general lighting.
44:12:01:34. Disposal of contaminated products
Gauze, cotton swabs, or other single use products which are contaminated
with body fluids must be disposed of in impervious double plastic
bags which are
securely sealed. When needles, tubes, or other multiple use products
used in
conjunction with the practice of tattooing are disposed of, they
must be
sterilized and placed in an impervious rigid container which is
securely sealed.
44:12:01:05. Tattoo establishments -- Toilet facilities
Toilet facilities must be available for employee or patron use.
44:12:01:06. Tattoo establishments -- General-use equipment
Tables, chairs, and other general-use equipment must be constructed
of
plastic, metal with enamel or porcelain coating, or stainless
steel.
General-use equipment must be maintained in an easily cleanable
condition. Covered waste
containers with single-use plastic liners must be provided.
44:12:01:08. Tattoo establishments -- Maintenance
A tattoo establishment must be maintained in a clean, sanitary,
vermin-free condition and in good repair.
44:12:01:09. Tattoo establishments -- Inspection
A tattoo establishment must be inspected at least annually to
determine
compliance with this chapter.
44:12:01:10. Required equipment for tattoo establishments
A tattoo establishment must be equipped with a steam pressure
autoclave
capable of producing 15 pounds of pressure per square inch for
at least 35
minutes at a temperature of 250 degrees Fahrenheit.
44:12:01:11. Required equipment for tattoo artists
A tattoo artist must have the following minimum equipment:
(1) Twenty-five liner tubes of whatever style and design preferred
in
sealed sterile envelopes;
(2) Twenty-five shader tubes of whatever style and design preferred
in
sealed sterile envelopes;
(3) Fifty needle bar setups with needles attached in sealed sterile
envelopes;
(4) Five hundred disposable pigment containers;
(5) Three hundred disposable latex or vinyl examination gloves;
(6) One gallon each of germicidal soap, isopropyl alcohol, and
distilled
water for prepping skin;
(7) Access to the applicable sterilization and sanitization measures
in
this chapter;
(8) Closed dustproof containers for the exclusive storage of
instruments,
dyes, pigments, stencils, and other equipment;
(9) Gauze and bandages.
44:12:01:15. Record of patrons
A tattoo artist shall keep a record of each patron which includes
name,
address, age, consent form with medical inquiry, and the locations
and
description of tattoos. This record must be available for inspection
and
kept for a period of at least two years.
44:12:01:16. Sterilization methods
Equipment requiring sterilization must be sterilized by using
the method
of steam pressure sterilization with at least 15 pounds of pressure
per square
inch for at least 30 minutes at a temperature of 250 degrees Fahrenheit
in an
autoclave. This must be certified by a chemical indicator which
is attached
to the autoclave bag and turns color when the required temperature
has been
reached. A tattoo establishment owner or operator shall provide
lab result
slips which state that each autoclave has been bacteriologically
tested monthly
and has passed the test. Dry heat is not an acceptable method
of sterilization
for the purpose of this article.
44:12:01:17. Sterile equipment -- Packaging and storage
All sterile equipment and supplies must be stored in a closed
dustproof
container in such a manner as to prevent being contaminated. All
needles and
tubes must be packaged prior to autoclaving either individually
or in
quantities for individual tattoos. Autoclave packages must be
constructed so that the
contents are visible without opening the package. Autoclave packages
containing equipment which has been autoclaved must be dated with
an expiration date.
The expiration date may not exceed 30 days from the date autoclaved.
Sterile
equipment may not be used after the expiration date without being
resterilized. A tattoo machine must be stored in a manner that
will prevent contamination.
44:12:01:19. Tube construction -- Sterilization required
All tubes, including the grips on the tube, must be either stainless
steel, nickel-plated carbon steel, or Lexan. The grips may also
be constructed of
anodized aluminum. Lead-bearing solder may not be used in the
construction
of the tubes. Tubes must be thoroughly cleaned and sterilized
between patrons.
GENERAL AUTHORITY: SDCL 34-1-17(8).
44:12:01:20. Tattoo machine sanitization
The open end of the tattoo machine must be cleaned and sanitized
with an
approved sanitizer before each use. See Appendix B at the end
of this
article for a listing of approved sanitizing solutions.
NOTES:
EDITOR'S NOTE: The Legislative Research Council substituted "article"
for
"chapter" in this section to show the change in location
of the appendix.
44:12:01:21. Razor requirements
Razors must be disposable single-use-only. Single-use razors
may be used
for one patron only and must then be discarded.
44:12:01:25. Skin preparation
The skin area to be tattooed must be shaved if needed and must
be washed
with germicidal soap and water, rinsed, dried, and washed again
with 70 percent
isopropyl alcohol. A single-use gauze pad or tissue may be used
for washing
the skin. All single-use products used must be discarded after
they are used.
44:12:01:26. Pigment requirements
All pigments must be nontoxic and antiseptic. All pigments which
are in a
dry form must be suspended in a solution of isopropyl alcohol,
distilled water,
or witch hazel with only nontoxic and antiseptic additives. Pigments
must be
dispensed from a main plastic container with a sealable top which
allows a
single-service portion of the pigment to be dispensed into a single-use
container. All pigment dispensed and the material into which it
has been
dispensed must be immediately discarded upon completion of the
tattoo.
44:12:01:27. Design layout
The methods in this section are approved for the design layout
of the
tattoo on the skin. In the first method, the tattoo artist sketches
the design
directly onto the skin with nontoxic ink to serve as a guideline
for the actual
tattoo. In the second method, the tattoo artist makes a stencil
using nontoxic ink
on tracing paper and transfers the design to the skin by spraying
germicidal
soap and distilled water directly onto the area to be tattooed
and laying the
stencil over the sprayed area.
44:12:01:28. Tattoo application
Before placing the tattoo design on the patron's skin, the tattooist
must
apply a thin coating of a petroleum jelly or antibacterial ointment
over the
area to be tattooed. This must be applied with cotton swabs, gauze,
or
wooden tongue depressors which must immediately be discarded.
This application may
not be directly spread with an ungloved hand.
44:12:01:29. Changing pigments
When changing pigments, a tattoo artist may use a solution of
germicidal
soap and water or an ultrasonic cleaner to rinse the needle and
tube if the
needle and tube are used on the same patron. Ultrasonic cleaner
solutions and
solution containers and covers must be discarded between patrons.
44:12:01:30. Washing of excess pigment
Washing of excess pigment from the skin during the tattoo process
must be
done with single-use gauze pads or tissue with a solution of germicidal
soap
and distilled water.
44:12:01:31. Use of styptics
Styptics, if used to arrest bleeding, may be used only in liquid
or
powder form and must be applied with cotton swabs or gauze which
is immediately
discarded.
44:12:01:32. Use of antibacterial ointment required -- Care instructions
Upon completion of the tattoo, a tattoo artist must apply an
antibacterial ointment to the tattoo with a single-use cotton
swab, gauze pad, or wooden
tongue depressor which is immediately discarded. After application
of the
antibacterial ointment, the tattoo artist must apply a sterile
bandage. The
tattoo artist must provide written instructions regarding the
proper care
and precautions for a new tattoo to each patron. Care instructions
must include
the following minimum recommendations:
(1) Remove the bandage after 24 hours;
(2) Wash tattoo gently with mild soap and water and pat dry;
(3) Apply an antibacterial ointment at least twice daily;
(4) Avoid exposing the tattoo to direct sunlight for 2 weeks;
(5) Avoid swimming or soaking of the tattoo until healed;
(6) Avoid scratching or picking of the tattoo;
(7) If redness or swelling develops, contact your doctor.
44:12:01:33. Storage of soiled equipment
Upon completion of a tattoo, a tattoo artist must immerse needles
and
tubes used for the tattoo in an effective sanitizing solution,
as identified in
Appendix A at the end of this article, until they can be cleaned
and sterilized.
44:12:01:35. Inspection fees
Municipalities which request that the department conduct inspections
of
tattoo establishments shall remit $75 to the department for each
inspection
conducted. If the department conducts multiple inspections during
a special
event, the fee is $25 for each inspection conducted.
44:12:01:13. Tattoo artist -- Patrons restricted -- Notice posted.
A tattoo artist may not tattoo a patron without first obtaining
a signed
consent. The consent must include a statement by the patron that
the patron
is free from infectious or contagious diseases in a communicable
stage. This
includes rashes, skin lesions, boils, and bloodborne diseases
such as viral
hepatitis B and human immunodeficiency virus infection. A tattoo
artist may
not tattoo a patron with evident skin lesions or skin infections
or who is known
or suspected to have an infectious or contagious disease in a
communicable
stage.
Minors may not be tattooed unless the minor's parents have signed
a
consent form authorizing the tattoo. No tattoo artist may tattoo
a patron who is
under the influence of alcohol or other mind-altering drugs.
A tattoo artist shall conspicuously post a notice stating that
it is
illegal to tattoo any person under the age of 18 without the parents'
signed
consent.
44:12:01:22. General-use equipment -- Sanitization required
All surfaces, counters, and general-use equipment in the tattooing
area
must be cleaned and sanitized before a patron is seated. See Appendix
B at the
end of this article for a listing of approved sanitizing solutions.
44:12:01:23. Linen cleaning and storage
Cloth towels, robes, and similar items used in conjunction with
tattooing
must be laundered in a washing machine with hot water, laundry
detergent,
and chlorine bleach between uses. A closed dustproof container
must be provided
for the storage of clean towels and linen. A hamper or similar
receptacle must
be provided for the storage of soiled towels and linen.
44:12:01:24. Hygienic practices -- Gloves required
A tattoo artist shall use antiseptic techniques at all times
in the
practice of tattooing. A tattoo artist shall scrub hands with
liquid soap and water
thoroughly before beginning preparation to tattoo. Hands must
be dried with
individual single-use towels. At all times when preparing the
skin and while
applying the actual tattoo, the tattoo artist must wear latex
or vinyl
examination gloves, which must be discarded upon completion of
the tattoo. A
tattoo artist must discard the gloves the artist is wearing, rewash
hands,
and put on new gloves after an interruption in the tattoo process
which requires
use of the artist's hands.
44:12:01:14. Communicable disease reporting
A tattoo artist shall immediately report to the department any
known or
suspected communicable disease associated with the practice of
tattooing.
44:12:01:04. Tattoo establishments -- Handwashing facility required
An easily accessible handwashing facility supplied with warm,
potable,
running water must be provided in or directly adjacent to the
tattooing
area. Each handwashing facility must be provided with liquid soap
and single-use
paper towels.
44:12:01:18. Needle construction -- Sterilization required
All needles must be either stainless steel or nickel-plated carbon
steel.
Needles may be soldered to stainless steel bars using a silver-bearing
solder. Lead-bearing solder may not be used in this process. Needles
are a
single-service item and must be thoroughly cleaned and sterilized
between
patrons. Rusty or faulty needles may not be used for tattooing.
44:12:02:03. General provisions
A body piercing establishment must be a minimum of 60 square
feet for one
body piercing artist plus 40 square feet for each additional artist.
A body
piercing establishment must be physically separated from facilities
used for
practices other than body piercing or tattooing. Floors and walls
of the
body piercing area must be smooth, easily cleanable, nonabsorbent,
and in good
repair. Ceilings above the body piercing area must be smooth,
easily
cleanable, and in good repair. A minimum of 30 foot-candles of
light must be provided
for administering the body piercing and a minimum of 10 foot-candles
for general
lighting.
GENERAL AUTHORITY: SDCL 34-1-17(8).
LAW IMPLEMENTED: SDCL 9-34-17, 34-1-17(8).
22 SDR 16, effective August 14, 1995.
South Dakota Statutes
TITLE 9
CHAPTER 9-34
9-34-17
Any municipality may regulate the practice of tattooing> and
body piercing by licensing <tattoo> artists and practitioners
of body piercing, inspecting <tattoo> and body piercing
establishments, and establishing standards for sanitation that
are at least as stringent as those adopted by the Department of
Health pursuant to §§ 34-1-17. The term "<tattoo"
means to make permanent marks or designs on the skin by puncturing
it and inserting indelible colors. The term "body piercing"
means to place a permanent or temporary foreign object in a person's
body such as ears, nose, lips, genitals, nipples, or parts thereof
for a decorative or other nonmedical purpose by a person not directly
under the supervision of a licensed physician as defined by §§
36-4-11.
Source: SL 1985, ch 216, §§§§ 1, 2; 1992,
ch 239, §§ 13; 1995,ch 189, §§ 1.
South Dakota Statutes
TITLE 26
CHAPTER 26-10
26-10-19
No minor may be tattooed> unless the minor's parents have signed
a consent form authorizing the <tattoo>. Any person who
<tattoos> a minor without parental consent is guilty of
a Class 2 misdemeanor. The term "<tattoo" means to
make permanent marks or designs on the skin by puncturing it and
inserting indelible colors.
Source: SL 1985, ch 216, §§§§ 1, 2.
South Dakota Statutes
TITLE 34
CHAPTER 34-1
34-1-17
The Department of Health may adopt and enforce, subject to chapter
1-26, orders and rules necessary to preserve and protect the public
health and may regulate, by requiring licenses or other appropriate
means, control, and, in proper cases, prohibit and suppress any
of the following matters:
(1) The manufacture into articles of commerce, other than food,
of diseased, tainted, or decayed animal or
vegetable matter;
(2) The location of cemeteries and the removal and burial of
the dead;
(3) The management of lying-in houses and boarding places for
infants, and the treatment of infants therein;
(4) The construction and equipment, in respect to sanitary conditions,
of schools, hospitals, prisons, and other public institutions;
(5) The treatment in hospitals and elsewhere of persons suffering
from communicable diseases, the disinfection
and quarantine of persons and places in case of such disease,
and the reporting of sickness and deaths therefrom;
(6) The distribution of biological products to be used for the
prevention and treatment of communicable diseases;
(7) The diagnosis, control, and treatment of tuberculosis; and
(8) The minimum sanitation requirements for tattooing and body
piercing as defined in §§ 9-34-17, including premises,
equipment, methods of operation, and freedom from communicable
disease.
9-34-17. Tattooing and body piercing. Any municipality may regulate
the practice of tattooing and body piercing by licensing tattoo
artists and practitioners of body piercing, inspecting tattoo
and body piercing establishments, and establishing standards for
sanitation that are at least as stringent as those adopted by
the Department of Health pursuant to § 34-1-17. The term
"tattoo" means to make permanent marks or designs on
the skin by puncturing it and inserting indelible colors. The
term "body piercing" means to place a permanent or temporary
foreign object in a person's body such as ears, nose, lips, genitals,
nipples, or parts thereof for a decorative or other nonmedical
purpose by a person not directly under the supervision of a licensed
physician as defined by § 36-4-11.
26-10-19. Tattooing minor without parental consent as misdemeanor.
No minor may be tattooed unless the minor's parents have signed
a consent form authorizing the tattoo. Any person who tattoos
a minor without parental consent is guilty of a Class 2 misdemeanor.
The term "tattoo" means to make permanent marks or designs
on the skin by puncturing it and inserting indelible colors.
34-1-17. Orders, rules and licensing for protection of public
health -- Matters covered. The Department of Health may adopt
and enforce, subject to chapter 1-26, orders and rules necessary
to preserve and protect the public health and may regulate, by
requiring licenses or other appropriate means, control, and, in
proper cases, prohibit and suppress any of the following matters:
(1) The manufacture into articles of commerce, other than food,
of diseased, tainted, or decayed animal or vegetable matter;
(2) The location of cemeteries and the removal and burial of
the dead;
(3) The management of lying-in houses and boarding places for
infants, and the treatment of infants therein;
(4) The construction and equipment, in respect to sanitary conditions,
of schools, hospitals, prisons, and other public institutions;
(5) The treatment in hospitals and elsewhere of persons suffering
from communicable diseases, the disinfection and quarantine of
persons and places in case of such disease, and the reporting
of sickness and deaths therefrom;
(6) The distribution of biological products to be used for the
prevention and treatment of communicable diseases;
(7) The diagnosis, control, and treatment of tuberculosis; and
(8) The minimum sanitation requirements for tattooing and body
piercing as defined in § 9-34-17, including premises, equipment,
methods of operation, and freedom from communicable disease.
