CHAPTER Plc 400 BODY ART RULES
REVISION NOTE:
Pursuant to 2017, 144:4, effective
8-15-17, which amended RSA 314-A:6, rulemaking authority on body art licenses
was transferred to the Executive Director of the Office of Professional
Licensure and Certification from the Commissioner of the Department of Health
and Human Services, although administration of the existing rules of the
Department numbered He-P 1100 and titled “Body Art Rules” on body art licenses
had already been transferred pursuant to 2015, 276:45, effective 7-1-15 under RSA
310-A:1-a, II and III.
Document
#12622, effective 9-21-18, readopted with amendments and renumbered the former
Chapter He-P 1100 in a new Chapter Plc 400 titled “Body Art Rules”. Document #12622 replaces all filings affecting
the former Chapter He-P 1100. The
filings affecting the former He-P 1100 include the following documents:
#6080,
eff 8-19-95, EXPIRED 8-19-03
#8394,
eff 7-22-05
#10414,
eff 9-24-13
PART Plc 401 LICENSING
Plc 401.01
Purpose. These rules
establish licensing requirements and regulate the practices of body piercing,
branding, and tattooing pursuant to RSA 314-A.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 401.02
Definitions.
(a) “Applicant” means an individual who is
seeking a license to practice body art.
(b) “Apprentice” means a person at least 18 years
of age who works under a supervising licensee for the purpose of learning the
practice of body art.
(c) “Appropriate” means suitable, fit, or proper,
or as further defined by federal and state laws and regulatory requirements of
professional accreditation.
(d) “Autoclave” means an apparatus for
sterilization utilizing steam pressure for a minimum of 30 minutes at 15 pounds
of pressure (PSI) at a temperature of 250 degrees Fahrenheit and results in the
destruction of all forms of microbial life, including highly resistant spores,
maintained according to the manufacturer’s direction.
(e) “Body art” means the practice of physical
body adornment by a body artist in any of the following classifications:
(1) Body piercing;
(2) Branding; or
(3) Tattooing.
(f) “Body piercing” means “body piercing” as
defined in RSA 314-A:1, I, namely, “the creation of an opening in human tissue,
except piercing of the ear lobe, through which jewelry or other items are
inserted”.
(g) “Branding” means “branding” as defined in RSA
314-A:1, II, namely, “a permanent mark made on human tissue by burning with a
hot iron or other instrument, excluding laser burning”.
(h) “Clean” means to be free from dirt, stains,
impurities, or foreign matter.
(i) “Client” means any individual accepted for
body art services.
(j) “Cooperate” means to provide the office with
any information requested by the executive director during an investigation and
to answer any questions posed by the office in order to
enable it to determine compliance with RSA 314-A and Plc 400.
(k)
“Cosmetic tattoo” means any process using a needle, scalpel, or bladed
instrument to cut, inject underneath, or otherwise abrade the surface of the
skin for the purposes of replicating makeup or cosmetics, with or without
pigment. The term includes “permanent
makeup”, “micropigmentation”, and “microblading”.
(l) “Executive director” means “executive director”
as defined in RSA 314-A:1, III, namely, “the executive director of the office
of professional licensure and certification”.
(m) “Infectious waste” means any:
(1) Liquid or semi-liquid blood;
(2) Items contaminated with blood, which would
release these substances in a liquid or semi-liquid state if compressed;
(3) Items that are caked with dried blood and are
capable of releasing these materials during handling;
(4) Contaminated sharps; or
(5) Pathological and microbiological wastes containing
blood.
(n) “Initial license” means the first body art
license an individual receives from the office pursuant to RSA 314-A:2 and RSA
314-A:3.
(o) “Investigation” means the process used by the
office to respond to allegations of non-compliance with RSA 314-A and Plc 400.
(p) “Legal guardian” means an individual who, by
legal appointment or by the effect of a written law, has been given custody of
a minor or adult.
(q) “License classification” means the specific
category of services authorized by a license including body piercing, branding,
and tattooing.
(r) “Licensee” means the individual to whom a
practitioner or apprentice license has been issued pursuant to RSA 314-A.
(s) “Office” means the office of professional
licensure and certification.
(t) “Plan of correction” means a written
representation of a revised policy or practice that reflects how a body artist
will come into compliance with a violation of RSA 314-A or Plc 400 as found by
the office.
(u) “Practitioner” means “practitioner” as
defined in RSA 314-A:1, IV, namely, “a person who practices tattooing, body
piercing, or branding”. The term
includes “body artist”.
(v) “Scarification” means the process of making
any indelible mark creating scar tissue.
(w) “Spore testing” means the use of bacterial
spores to determine the efficacy of a sterilizing device by an independent
laboratory or other testing facility.
(x) “Sterilized” means the use of an autoclave
for sterilizing all instruments or materials, or the use of pre-packaged,
pre-sterilized, and disposable instruments or materials.
(y) “Supervising licensee” means a body art
practitioner, licensed pursuant to RSA 314-A:2 for a minimum of 5 years in the
body art classification(s) being supervised, who is responsible for the
supervision and performance of an apprentice.
(z) “Tattoo” means “tattoo” as defined in RSA
314-A:1, V, namely, “an indelible mark or figure fixed upon the surface of the
body by the insertion of pigment under the skin or by the production of scars”.
(aa) “Violation” means any
action, failure to act, or other set of circumstances that causes noncompliance
with RSA 314-A or Plc 400.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 401.03 Exemptions. Pursuant to RSA 314-A:4, the following
individuals shall be exempt from licensing:
(a) Any person licensed by the New Hampshire
board of medicine; and
(b) Any person or facility which performs only
soft-tissue ear lobe piercing.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 401.04 Initial Practitioner License Application
Submission.
(a) Any person who wishes to engage in the
practice of body art shall file an application for a body artist license.
(b) Each applicant for an initial practitioner
license shall submit the following to the office:
(1) A completed
“Body Art License Application - Initial” form, revised September 2018 and
available on the board’s website, www.oplc.nh.gov/body-art;
(2) A
recent 2”x 2” photograph of the applicant’s face;
(3) A
fee in accordance with Plc 401.08(b);
(4)
Documentation of the completion of a course in sterilization pursuant to
RSA 314-A:2, III, (d); and
(5)
Documentation that proves the applicant meets the requirements for licensure
pursuant to RSA 314-A:2, III(c) and RSA 314-A:3, including:
a. A
signed statement from the supervising licensee confirming that the
apprenticeship requirements described in Plc 401.06 have been met;
b.
Proof of authorization to practice in another state, including copies of
all licenses that document at least 3 years of licensure in another state; or
c. For
an out-of-state applicant who has practiced for at least 3 years in another
state that does not require licensure:
1. A
signed statement from a state official affirming that the state does not
require licensure for the practice of body art;
2. The
name, address, and phone number of the place(s) of employment;
3. The
months and years worked;
4.
Copies of business records, tax returns, or pay stubs for the months of
employment providing proof of at least 1500 hours of employment per year;
5. The
owner’s or manager’s name and phone number; and
6. A
signed statement from the owner or manager verifying the employment history.
(c)
The applicant shall mail or hand-deliver
the documents in (b) above to:
Office of Professional Licensure and
Certification
121 South Fruit Street, Suite 303
Concord, NH 03301
(d) If
the applicant wishes to practice more than one
classification of body art, the applicant shall comply with Plc 401.07(a).
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 401.05 Apprentice License Application Submission.
(a) Any person who wishes to engage in the
practice of body art, but does not meet the
practitioner licensing requirements of Plc 401.04, shall apply for an
apprentice license.
(b) Each
applicant for initial apprentice license shall submit the following
documentation to the office:
(1) A completed
“Body Art License Application – Initial” form as described in Plc 401.04(b)(1);
(2)
The information required in Plc 401.04(b)(2), (4), and (5);
(3) A
fee in accordance with Plc 401.08(b); and
(4)
Proof of supervision that shall include:
a. The
name, mailing address, including city, state, and zip code, and telephone
number of the supervising licensee offering the apprenticeship program;
b. A
copy of the New Hampshire body art practitioner license of the supervising
licensee offering the apprenticeship program; and
c. A
statement signed and dated by the supervising licensee, attesting that he or
she understands and accepts the responsibility of supervision of the applicant
as an apprentice.
(c) The applicant shall mail or hand-deliver the
documents in (b) above to:
Office of Professional Licensure and
Certification
121 South Fruit Street, Suite 303
Concord, NH 03301
(d) If a supervising licensee becomes unable or unavailable to provide
apprentice supervision, the apprentice shall submit to the office a request to
change his or her supervising licensee within 10 days of the change in
accordance with Plc 401.06(g), (h), and (i), or the apprentice license shall
expire.
(e) If the applicant wishes to apprentice in more
than one classification of body art, the applicant shall also comply with Plc
401.07(b).
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc
401.06 Apprenticeship.
(a) An apprenticeship for an initial body art
practitioner license in a single body art classification shall include:
(1) A minimum of 1500 hours of
training per year under the supervision of a qualified supervising licensee;
(2) Completion of the training in a period of time no less than 12 months and no more than 24
months, unless the apprentice receives a waiver under Plc 212.01; and
(3) The instruction and demonstration of all tasks
by the supervising licensee prior to the apprentice performing the task
including:
a. Setting up, breaking down, and maintaining
workstations and equipment;
b. All tasks performed on clients; and
c. Sterilization of reusable equipment and
proper use of the autoclave.
(b) An apprenticeship for additional body art
classifications for a licensed practitioner shall:
(1) Include a minimum of 750 hours training in
the license classification;
(2) Be completed in no less than 6 months and no
more than 24 months; and
(3) Include the instruction and demonstration by
the supervising licensee of each task unique to the license classification
prior to the apprentice performing the task, until the apprentice is proficient
enough to perform such tasks under supervision only.
(c)
An apprentice shall only practice on clients under the direct supervision of
the supervising licensee.
(d) Direct supervision shall include:
(1) The supervising licensee being in the
establishment and available to assist the apprentice at all
times when the apprentice is practicing on a client; and
(2) The supervising licensee observing and being in the same room at all times when the
apprentice is practicing on a client until:
a. The apprentice has completed the first 750
hours of the apprenticeship; and
b. The supervising licensee judges the
apprentice to be competent to practice under such circumstances.
(e) Supervising licensees shall supervise no more
than one apprentice at any time, and shall keep a monthly record of the
apprentice’s attendance that includes the following:
(1) The month and year of the record;
(2) The total number of hours of supervision
completed; and
(3) The signatures of the apprentice and
supervising licensee.
(f) At the completion of the apprenticeship, an
apprentice shall apply for a practitioner license in accordance with Plc
401.04, and submit a statement signed by the supervising licensee certifying
that the apprentice:
(1) Has completed the apprenticeship program,
including completion of all required hours in accordance with (a) and (b) above;
(2) Practices in a manner that demonstrates
competence in each of the following applicable areas:
a. The duties and responsibilities of licensees
in accordance with Plc 402.02;
b. The standards of hygiene in accordance with
Plc 402.03;
c. Compliance with RSA 314-A and Plc 400;
d. The proper techniques and practices for sterilization;
e. The adverse affects of the body art practices
being performed;
f. The contraindications of body art;
g. Anatomy and physiology as related to body art;
h. Skin diseases and disorders as related to
body art; and
i. After care instructions; and
(3) For all body piercing apprentices, a
statement signed by the supervising licensee certifying that the apprentice
demonstrates a competence in the knowledge of the metals and forms of jewelry
used.
(g) If a supervising licensee terminates an
apprenticeship, the supervisor shall notify the office and the apprentice in
writing within 3 business days of the termination and include:
(1) The name and license number of the
supervising licensee and the apprentice;
(2) The name and address of the establishment where
the apprenticeship is taking place; and
(3) The reason for the termination of the
apprenticeship.
(h) An apprentice, whose apprenticeship ends due
to the supervising licensee’s inability to continue the supervision, shall
prevent expiration of the apprentice license by submitting a written request to
change supervising licensee, providing:
(1) The reason for the change in supervising
licensee; and
(2) A written statement by another licensed body
art practitioner accepting the responsibility of supervision of the apprentice
in accordance with Plc 401.05(b)(4).
(i) The replacement supervisor shall be licensed
in the same license classification(s) as the apprentice.
(j) In the case that an apprenticeship terminates, the hours obtained shall be counted toward the completion of a future apprenticeship in the same license classification upon the recommendation of the original supervising licensee.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18; ss by #13187, eff 4-13-21
Plc 401.07
Additional Body Art Classification Application Submissions.
(a)
Each licensed body art practitioner wishing to add additional body art
classifications to their initial license shall submit the following
documentation to the office:
(1) A
completed “Body Art License Application – Initial” form as described in Plc 401.04(b)(1),
including current license number; and
(2)
Documents that prove the applicant meets the requirements, including:
a. Proof of successful completion of an apprenticeship
in the additional body art classifications, as documented by a signed statement
from the supervising licensee, confirming that the apprenticeship requirements
described in Plc 401.06(b) are met;
b.
Proof of authorization to practice each additional body art
classification in another state, including copies of all licenses that document
at least one year of licensure in another state; or
c. For
an out-of-state applicant who has practiced for at least 3 years in another
state that does not require licensure:
1. A
signed statement from a state official affirming that the state does not
require licensure for each additional classification of body art;
2. The
name, address, and phone number of the place(s) of employment;
3. The
months and years worked;
4.
Copies of business records, tax returns, or pay stubs for the months of
employment providing proof of at least 750 hours of employment completed in no
less than 12 months and no more than 24 months;
5. The
owner’s or manager’s name and phone number; and
6. A
signed statement from the owner or manager verifying the employment history.
(b) Each licensed body art practitioner or
licensed apprentice wishing to apprentice in additional body art
classifications shall submit the following documentation to the office:
(1) A
completed “Body Art License Application – Initial” form as described in Plc 401.04(b)(1),
including current license number; and
(2)
Proof of supervision that shall include:
a. The
name, mailing address, including city, state, and zip code, and telephone
number of the supervising licensee offering the apprenticeship program;
b. A
copy of the New Hampshire body art practitioner license of the supervising
licensee offering the apprenticeship program; and
c. A
statement signed and dated by the supervising licensee, attesting that he or
she understands and accepts the responsibility of supervision of the applicant
as an apprentice.
(c)
The applicant shall mail or hand-deliver the documents in (a) or (b)
above to:
Office of Professional Licensure and
Certification
121 South Fruit Street, Suite 303
Concord, NH 03301
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff 9-21-18
Plc 401.08
Fees.
(a)
The applicant shall submit check, cash, or money order in the
appropriate amount in accordance with this section.
(b)
Fees, pursuant to RSA 314-A:6, for initial and renewal licensees shall
be $110.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 401.09 Processing of Applications and Issuance of
Licenses.
(a) The executive director shall review the application
and notify the applicant in writing within 30 days of receipt if the
application does not meet the requirements of Plc 401.04, Plc 401.05, or Plc 401.07,
specifying any additional information or documentation the applicant shall
submit.
(b) The executive director shall grant a license
to practice body art to applicants who:
(1) Submit a complete application in accordance
with Plc 401.04, Plc 401.05, or Plc 401.07; and
(2) Have not engaged in an activity that violates
any of the provisions of RSA 314-A or Plc 400.
(c) The license shall be sent to the applicant at
the address shown on the application.
(d) Fees shall not be refundable or transferable
to any other application(s).
(e) Licenses issued by the executive director
shall be renewed biennially on the last day of the licensee’s birth month in
odd-numbered year .
(f) The executive director shall deny any
application if the applicant:
(1) Knowingly makes any false statement regarding
the application or license or in any report the executive director requires to
be made;
(2) Fails to respond to any lawful inquiry of the
executive director;
(3) Has failed to pay an administrative fine
imposed by the executive director;
(4) Has not met all of
the requirements of Plc 401.04, Plc 401.05, or Plc 401.07; or
(5) Has engaged in an activity that violates any
of the provisions of RSA 314-A or Plc 400.
(g) The executive director shall send the decision
to deny the application to the applicant at the address shown on the
application.
(h) Application denials shall be conducted in
accordance with Plc 402.06.
(i) If the application is denied in accordance
with Plc 401.09(f), the fee that accompanied the application shall not be
refunded to the applicant.
(j) The office shall issue an amended license
certificate for the addition of body art classifications to initial
practitioner and apprentice licenses, as described in Plc 401.07.
(k) When a license is lost, destroyed, or
damaged, the licensee shall request a replacement license from the office
within 10 days of discovery by sending the office written notification of the
lost, destroyed or damaged license.
(l) Notification in (k) above shall include the
name, mailing address including street address, city, state, and zip code, phone
number, and license number of the licensee.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
PART Plc 402
PRACTICE OF BODY ART, RENEWALS, AND DISCIPLINARY ACTIONS
Plc 402.01 Renewal of Body Art License and Expired
License.
(a) A body artist who wishes to maintain his or
her license shall complete and submit “Body Art Practitioner and Apprentice
Renewal Application” form to the executive director in accordance with RSA
314-A:5.
(b) At least 60 days prior to the expiration of a
license, the executive director shall:
(1) Notify, in writing, the licensees whose
licenses are to expire that their licenses are due to expire; and
(2) Include with the written notice an
application for renewal license.
(c) In order to process the applications in a
timely manner, the licensee shall submit to the executive director, at least 30
days prior to the expiration of his or her license, the following:
(1) A “Body
Art Practitioner and Apprentice Renewal Application” form that contains the
following:
a. The
applicant’s first and last name and middle initial;
b. The
applicant’s home and mailing address;
c. The
applicant’s home telephone number;
d. The
body art classification(s) in which the applicant is applying for renewal license;
e.
Whether or not the applicant is renewing his or her apprenticeship or
practitioner license;
f. The
name of each body artist business where the applicant is employed;
g.
Each body artist business address and telephone number;
h. All
information on disciplinary action taken, if any, in any other state regarding
applicant’s activities as a body artist; and
i. The applicant’s signature and date signed;
(2) Evidence
of 3 hours of continuing education for each body art classification held by a
licensee pursuant to RSA 314-A:5, in subject areas including, but not limited
to:
a.
Basic first aid;
b.
Cardio-Pulmonary Resuscitation (CPR) certification;
c. The
prevention of disease transmission and blood-borne pathogens;
d.
Anatomy and physiology;
e.
Skin diseases, disorders, and conditions; and
f. Micropigmentation;
(3)
Evidence in (2) above shall include:
a.
Course information, including course title, sponsor, and location; and
b.
Course completion certificate;
(4)
The appropriate fee in accordance with Plc 401.08(b); and
(5)
For apprentice renewals only:
a. The
name of the supervising licensee;
b. The
supervising licensee’s license number;
c. The
supervising licensee’s telephone number; and
d. The
supervising licensee’s mailing address.
(d)
Applications for license renewal shall be approved if the application
contains all the information required by (c) above and the applicant is not
subject to any enforcement action as listed in Plc 402.07 or Plc 402.08.
(e) A
licensee who does not submit an application for
license renewal prior to his or her license expiration date shall reapply for
an initial license in accordance with Plc 401.04 or Plc 401.05.
(f)
Failure to receive an application for renewal of the current license
sent by the office shall not excuse the body artist from the obligation to submit an application for renewal at least 30 days prior to
the expiration of the current license in accordance with (c) above.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 402.02 Duties and Responsibilities of All Licensees.
(a)
The licensee shall maintain full compliance with RSA 314-A and Plc 400.
(b)
The licensee shall only perform body art in a facility approved for use
as a body art establishment in compliance with applicable town or city
regulations.
(c) The licensee shall only perform body art on
individuals who present valid, government issued identification to verify his
or her identity. Licensees shall keep photocopy records of the identification
provided or, if the client refuses to allow such photocopying, shall require a
written acknowledgment from the client that his or her identification was
checked.
(d) The licensee shall only perform branding and
tattooing on individuals 18 years of age or older pursuant RSA 314-A:8.
(e) The licensee shall perform body piercing of
individuals under the age of 18 in accordance with RSA 314-A:8 and Plc 400 by:
(1) Obtaining written consent for the piercing
from the minor’s parental or legal guardian;
(2) Requiring the parent or legal guardian to
provide photographic identification to verify his or her identity;
(3) Verifying evidence of the parental or legal
guardian’s relationship with minor through inspection of a birth certificate or
court order;
(4) Preparing documentation noting the physical
location of the piercing on the minor’s body;
(5) Ensuring the minor’s parent or legal guardian
is physically present at all times during the
procedure; and
(6) Maintaining the documentation required in
(1)-(3) above for a minimum of 7 years, to include no less than one year past
the individual’s 18th birthday.
(f) The licensee shall disclose to every body art
client the health risks and potential adverse affects of the procedure prior to
beginning every procedure.
(g) The licensee shall provide written and verbal
aftercare instructions applicable to the body art performed to every client,
including but not limited to:
(1) Bandaging instructions;
(2) Skin care instructions;
(3) Appropriate clothing to wear during healing;
(4) Acceptable levels of exposure to ultra-violet
light;
(5) Acceptable types of exposure to chlorinated
and salt water;
(6) Appropriate use of skin care products; and
(7) Written guidelines regarding when to seek
medical treatment if necessary.
(i) The licensee shall not accept as a client any
individual who appears to be under the influence of intoxicating beverages or
chemical substances.
(j) The licensee shall not allow any intoxicating
beverages, controlled drug, prescription drug, over-the-counter drug, or any
other chemical substance, natural or synthetic, which impairs a person’s
ability to practice body art or which calls into
question a client’s decision making ability, to be consumed in a workspace
where body art is being performed including by the practitioner, apprentice,
and client.
(k) The licensee shall not perform any body art
while under the influence of any intoxicating beverages, controlled drugs,
prescriptions drugs, over-the-counter drugs, or any other chemical substance,
natural or synthetic, which impair to any extent their ability to perform body
art in compliance with these rules.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc
402.03 Standards of Hygiene.
(a) The licensee shall use the following
infection control practices:
(1) Prior to performing a service, the licensee
shall wash his or her hands with soap for a minimum of 20 seconds and shall dry
his or her hands with a disposable towel or air dryer;
(2) Proper coverage of open wounds on the
licensee at all times by an impermeable, tight fitting bandage;
(3) The proper handling of infectious waste as
required by Env-Sw 904;
(4) The use of an autoclave for sterilizing all instruments;
(5) The storage of all instruments in sterile packets;
(6) The spore testing of all autoclaves at a
minimum of once each month and the maintenance of test records for a minimum of
7 years;
(7) The use of new, single use needles for the
piercing of each individual;
(8) The use of new, single use needles for the
tattooing of each individual;
(9) The use of piercing guns only for the
piercing of ear lobes;
(10) The storage of all clean and ready-to-use
needles and instruments in sterile packets and in a rigid case or storage
cabinet while not in use;
(11) The proper disposal of used needles in a
sharps container that is puncture-resistant, leak-proof, can be closed for
handling, storage, transportation, and disposal and is labeled with the
international biohazard symbol;
(12) The prohibition of eating, drinking, the use
of tobacco of any form, the use of vaping equipment of any kind, and the
application of cosmetics by any individual present in the room while body art
is performed;
(13) The area of skin to be tattooed or pierced
first be thoroughly washed with skin-appropriate cleanser for a period of time
according to manufacturer’s directions with a new single-use sponge, gauze, or
paper towel;
(14) The application of all ointments, creams, or
jellies on the skin with a sterile gauze, single use sterile tongue depressor,
or gloved hand;
(15) A prohibition of the use of
styptic pencils, alum blocks, or other solid or liquid styptics to check the
flow of blood; and
(16) The thorough cleaning and disinfecting of
service areas and related equipment between each client.
(b) The licensee shall practice in a clean and
sanitary manner including only practicing in an establishment that has:
(1) An adequate supply of potable water;
(2) Adequate lighting;
(3) Floors, walls, service tables, and chairs in work stations or sterilization areas that are non-porous;
and
(4) A toilet, a sink with hot and cold water,
soap, and single-use disposable towels located in the establishment and
accessible to the practitioner, apprentice, and client at all
times.
(c)
The licensee shall ensure that any body piercing jewelry he or she
inserts into a newly pierced area is:
(1) Made of steel, solid 14k or 18k nickel free,
white, yellow, or rose gold, niobium, titanium, or platinum;
(2) Free of nicks, scratches, or irregular
surfaces; and
(3) Sterilized prior to use.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18; ss by #13187, eff 4-13-21
Plc 402.04 Prohibited Practices.
(a) Only individuals licensed by the state of New
Hampshire may practice body art in New Hampshire.
(b) The practice of body art shall not include
practices that are considered surgical procedure by RSA 329:1, including, but
not limited to:
(1) Implants under the skin; and
(2) Tongue splitting or forking.
(c) The practice of body art shall not include
pigmentation of the eye-ball.
(d) An applicant who has been denied a license,
or a licensee whose license has been suspended or revoked, shall not practice
body art.
(e) The tattooing, branding, and piercing of
animals by a licensee shall be prohibited.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 402.05 Complaints. The office shall, in accordance with Plc 200,
investigate written complaints that allege a violation of RSA 314-A or Plc 400.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 402.06 Enforcement Actions and Administrative
Appeals.
(a) Prior to taking enforcement action against an
applicant or body artist such as denial, suspension, or revocation of license
or imposition of a fine, the office shall send to the applicant or body artist
a written notice which states:
(1) The action to be taken by the office;
(2) The reasons for the proposed action; and
(3) The right of the applicant or
the body artist to an administrative hearing to contest the enforcement action
taken by the office.
(b) Failure
of the applicant or body artist to request a hearing within 30 days of receipt
of the notice shall result in the proposed action becoming final and
immediately imposed.
(c) If
the applicant or body artist requests a hearing in writing, no action shall be
imposed on the applicant or body artist pending the completion of an
administrative hearing conducted in accordance with RSA 541-A:31 through 36 and
Plc 200, unless the office immediately suspends a license in accordance with
RSA 541-A:30, III.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 402.07
Suspension, Revocation, and Denial of a License.
(a) The executive director shall suspend a
license in accordance with Plc 402.06 if the body artist fails to:
(1) Cooperate with an
investigation by the office to the extent required by these rules; or
(2) Pay a fine in accordance with Plc 402.08.
(b)
The length of suspension shall be until such time as the licensee:
(1)
Both:
a. Complies with the requirements for which the
suspension was issued; and
b. Has paid all fines, if any, associated with
the suspension; or
(2) Has his or her license revoked in accordance
with (d) below.
(c)
Upon reinstatement of a suspended license, the licensee shall not be
required to pay an additional fee, and the expiration date of the license shall
remain the same.
(d)
The executive director shall revoke a license in accordance with Plc 402.06
if the licensee:
(1) Has performed branding or tattooing on a
person under the age of 18;
(2) Has performed body piercing on a person under
the age of 18 without the consent of that person’s parent or legal guardian as
required under Plc 402.02(e);
(3) Has performed any prohibited act as described
under Plc 402.04;
(4) Has given false information
on his or her renewal application relative to continuing education; or
(5) Fails to comply with the conditions for the
removal of a suspension within 90 days of the suspension taking effect.
(e) A
body artist whose license has been revoked or whose application has been denied
for committing an act or acts of Plc 402.07(d), (1) through (3) shall not
reapply for a body artist license for:
(1) At least one year from the date the revocation
or denial became final, for the first offense; and
(2) At least 3 years from the date the revocation
or denial became final, for the second offense.
(f)
License revocations and application denials, for committing an act or
acts of Plc 402.07(d), (1) through (3), shall be permanent for the third
offense.
(g)
Except for (f) above, a body artist whose license has been revoked and
who wishes to reapply for a license shall reapply as for an initial body artist
license in accordance with Plc 401.04 or Plc 401.05.
(h)
Except for (f) above, a body artist whose application has been denied
and who wishes to reapply for a license shall reapply as for an initial body
artist license in accordance with Plc 401.04 or Plc 401.05.
(i) In
addition to (g) and (h) above, a license shall not be granted to any applicant
until the applicant has complied with the requirements for which the revocation
or denial was issued and has paid all fines, if any, associated with the
revocation or denial.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
Plc 402.08 Procedures for Imposing, and Schedule of,
Administrative Fines.
(a) When the executive director has determined
that a violation of RSA 314-A or Plc 400 has occurred, the executive director
shall impose a fine in accordance with RSA 314-A:10 and (d) below.
(b) If the applicant or body artist waives the
right to a hearing and chooses to pay the imposed fine, the fine shall be paid
to and received by the office within 30 days of receipt of the notice of fine
by the applicant or body artist.
(c) The payment of a fine shall be:
(1) Sent to the executive director in the form of
cash, check, or money order for the exact amount of the fine; and
(2) Made payable to “Treasurer – State of New
Hampshire” if payment is by check or money order.
(d) Fines for violation of the provisions of RSA
314-A and Plc 400 shall be imposed in accordance with the following schedule:
(1) For knowingly making any false statement or
providing false information on the application, the fine shall be $1000.00;
(2) For falsification of a license to practice
body art, the fine shall be $2000.00;
(3) For practicing or advertising body art
without a license, the fine shall be $2000.00;
(4) For failure of a supervising licensee to
properly supervise an apprentice, the fine shall be $500.00;
(5) For failure to cooperate during an
investigation, the fine shall be $1000.00;
(6) For performing branding or tattooing on a
person under the age of 18, the fine shall be $2000.00;
(7) For performing body piercing on a person
under the age of 18 without the consent of that person’s parent or legal
guardian as required under Plc 402.02(e), the fine shall be $2000.00;
(8) For performing any prohibited
act as described under Plc 402.04, the fine shall be $2000.00; and
(9) For performing body art in a location that
has not been approved for use as a body art establishment in accordance with Plc
402.02(b), the fine shall be $1000.00.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
PART Plc 403 WAIVERS
Plc 403.01 Waivers.
(a) Applicants or licensees seeking waivers of
specific rules in this chapter shall submit a written request for waiver to the
executive director which includes the following:
(1)
Specific reference to the rule for which a waiver is being sought;
(2) Full
explanation of why a waiver is necessary; and
(3)
Full explanation of alternatives proposed by the applicant or licensee,
which shall be equally as protective of public health as the rule from which a
waiver is sought.
(b)
The executive director shall approve a request for waiver if:
(1)
The executive director concludes that authorizing deviation from strict
compliance with the rule from which waiver is sought does not contradict the
intent of the rule;
(2)
The alternative proposed by the applicant or licensee ensures that the
objective or intent of the rule from which waiver is sought will be
accomplished; and
(3) The alternative proposed by the applicant
or licensee does not violate any statutory provision.
(c) If
a waiver is approved, the applicant’s or licensee’s subsequent compliance with
the alternatives approved in the waiver shall be considered equivalent to
complying with the rule from which waiver was sought.
(d)
Waivers shall correspond with the effective dates of the license. Licensees
shall resubmit waiver requests during subsequent license periods if the waiver
is still needed.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18
PART Plc 404
STANDARDS OF PRACTICE
Plc
404.01 Code of Ethics.
(a) Violations of these ethical conduct standards
shall constitute unprofessional conduct resulting in disciplinary proceedings
pursuant to Plc 402.07.
(b) A licensee shall:
(1)
Obey these ethical conduct standards;
(2)
Comply with RSA 314-A and the board’s administrative rules;
(3)
Obey in good faith, and within any time periods specified, any
disciplinary orders issued by the board, including orders requiring the payment
of fees of fines;
(4)
Deal with colleagues and clients with honesty and integrity;
(5)
Maintain shop premises in a sanitary and hygienic manner;
(6)
Not perform any service that is outside the scope of practice for the
license that he or she holds;
(7)
Not misrepresent professional qualifications or credentials;
(8)
Not aid or abet, directly or indirectly, the practice of any person who
is not duly licensed;
(9)
Not advertise claims that are misleading, untrue, or insupportable by fact;
(10)
Use industry-appropriate products according to manufacturer’s direction;
(11)
Cooperate with lawful investigation by the executive director;
(12)
Maintain sexual boundaries by:
a.
Refraining from any behavior that exploits the practitioner-patient
relationship in a sexual way; and
b.
Avoiding any behavior that is sexual or sexually demeaning, or could be
reasonably interpreted as such, even when initiated by or consented to by the client;
(13)
Hold confidential any information disclosed by the client regarding
medical conditions;
(14)
Not engage in hazing or sexual, verbal, or physical harassment of
apprentices, clients, co-workers, or customers;
(15)
Not discriminate based on any protected class of race, sex, sexual
orientation, or gender identity; and
(16)
Comply with all local, state, and federal labor laws.
Source. (See Revision
Note at chapter heading for Plc 400) #12622, eff
9-21-18; ss by #13187, eff 4-13-21
PART Plc 405 MICROBLADING CERTIFICATE
Plc 405.01 Definitions.
(a) “Microblading” means a cosmetic tattoo of the
eyebrow as defined in Plc 401.02(k).
Plc 405.02 Training
Requirements.
(a) A microblading certificate shall be granted
to a New Hampshire licensed esthetician or cosmetologist who has completed the
following requirements:
(1) Completion of a course that is at least 100
hours covering the topics listed in (2) below that has been approved or
accredited by one of the following organizations:
a. The American Academy of Micropigmentation
(“AAM”); or
b. The Society of Permanent Cosmetic
Professionals (“SPCP”);
(2) The course must include at a minimum the
following instruction:
a. Microblading
fundamentals;
b. Color theory and design;
c. Pigment and
ink;
d. Equipment including set up and break down procedures;
e. Contraindications of microblading;
f. Stretching the skin;
g. Depth;
h. Infection
control;
i. Disinfection procedures;
j. Aftercare; and
k. Completion of a minimum of two (2) sets of
eyebrows on a live model, under the direct supervision of the course instructor;
and
(3) Completion of a course in the blood borne pathogen
standard.
Source.
#13258, INTERIM, eff 9-2-21, EXPIRES: 3-1-22
Plc
405.03 Microblading Initial
Certification.
(a) Any person who wishes to engage in the
practice of microblading shall file an application for microblading
practitioner certificate.
(b) Each applicant for an initial practitioner
certificate shall submit the following to the office of professional licensure
and certification:
(1) A completed “Certificate Initial Application”;
(2) A fee of $110;
(3) A copy of the applicant’s active New
Hampshire esthetics or cosmetology license;
(4) Microblading course completion certificate,
containing the name, address, date course was completed, and the numbers of
hours of training received; and
(5) Documentation of the completion of a course
in the blood borne pathogen standard.
Source. #13258, INTERIM, eff
9-2-21, EXPIRES: 3-1-22
Plc
405.04 Microblading
Certification Renewal.
(a) In accordance with RSA 314-A:2, II, microblading certificates shall expire
on the last day of the certified person’s birth month and the
odd year. Microblading certificate
holders shall submit the following to the office of professional licensure and certification:
(1) A completed “Body Art Practitioner and
Apprentice Licensure Renewal Application”;
(2) A fee of $110;
(3) License number; and
(4) Documentation of completion of at least 3
hours of continuing education in microblading or blood borne pathogens.
Source. #13258, INTERIM, eff
9-2-21, EXPIRES: 3-1-22
Plc 405.05 Duties of Those
Holding a Microblading Certificate.
(a) All microblading certificate holders shall
comply with RSA 314-A and Plc 400,
including but not limited to the duties and responsibilities of all licensees
under Plc 402.02 and standards of hygiene under Plc 402.03 with the following
exceptions:
(1) Notwithstanding (a) above and Plc 402.02(b),
microblading certificate holders may perform microblading in facilities
approved for use as body art establishments or facilities licensed by the board
of barbering, cosmetology, and esthetics;
(2) Notwithstanding (a) above and Plc
402.03(a)(8), microblading certificate holders shall use a new, single use
implement for the microblading of each individual;
(3) Notwithstanding (a) above and Plc 402.03
(a)(12), microblading certificate holders may perform microblading in the same
room as where cosmetics are being applied and where eating and drinking are
allowed, but shall have a separate workspace that complies with Plc
402.03(a)(12); and
(4) Notwithstanding (a) above and Plc
402.03(a)(2), microblading certificate holders shall bandage according to industry
standards.
(b) All microblading certificate holders shall only
use a handheld microblade tool to perform services. Only licensed body art tattoo practitioners
may use tattoo machines.
Source. #13258, INTERIM, eff
9-2-21, EXPIRES: 3-1-22
Rule |
Specific
State Statute the Rule Implements |
|
|
Plc 401.01 |
RSA 541-A:7 |
Plc 401.02 |
RSA 314-A:1; RSA 314-A:6, intro.; RSA
541-A:7 |
Plc 401.03 |
RSA 314-A:4; RSA 314-A:6, intro.; RSA
541-A:7 |
Plc 401.04 |
RSA 314-A:2; RSA 314-A:6, II |
Plc 401.05 |
RSA 314-A:3; RSA 314-A:6, II |
Plc 401.06 |
Plc 401.06 RSA 314-A:3; RSA 314-A:6, intro.
& II |
Plc 401.07 |
RSA 314-A:2, III; RSA 314-A:6, intro. &
II |
Plc 401.08 |
RSA 314-A:2, III (b); RSA 314-A:6, III |
Plc 401.09 |
RSA 314-A:6, II; RSA 541-A:16, I(b) intro. |
Plc 402.01 |
RSA 314-A:5; RSA 314-A:6, II |
Plc 402.02 |
RSA 314-A:6, I, IV, and V |
Plc 402.03 |
Plc 402.03 RSA 314-A:6, I |
Plc 402.04 |
RSA 314-A:2, I; RSA 314-A:7 |
Plc 402.05 |
RSA 314-A:11; RSA 541-A:16, I(b) intro. |
Plc 402.06 |
RSA 314-A:6, II; RSA 314-A:9; RSA 314-A:10;
RSA 314-A:11 |
Plc 402.07 |
RSA 314-A:6, II & III; RSA 314-A:9 |
Plc 402.08 |
RSA 314-A:6, III; RSA 314-A:10; RSA
541-A:16, I(b) intro. |
Plc 403.01 |
RSA 541-A:16, I(b) intro. |
Plc 404.01 |
RSA 314-A:6, intro. |
Plc
405 |
RSA
314-A:6, VI |