Utah Admin. Code R392-701-11 - Body Artist Requirements and Professional Standards

(1) Before performing any body art procedure, a body artist shall have:

(a) proof of current certificate from a bloodborne pathogen training program that covers each element of OSHA's Bloodborne Pathogens Standard as described in 29 CFR 1910.1030 (2024), incorporated by reference in this rule; and

(b) proof of current certificate from a training program such as AHA Heartsaver First Aid that teaches:

(i) first aid basics for the most common first aid emergencies;

(ii) how to call for help;

(iii) how to prevent illness and injury; and

(iv) how to recognize medical emergencies.

(2) A body artist shall be a minimum of 18 years of age.

(3) Except as allowed in Subsections (3)(a) and (3)(b), no person shall drink, eat, smoke, or vape within the procedure area, processing area, workstation, or any other location where instruments or supplies may be stored, cleaned, or sterilized.

(a) A body artist performing a procedure may drink from a closed beverage container if:

(i) the container is handled to prevent contamination of the beverage container, the body artist's hands, equipment, and the procedure area; and

(ii) hands are washed, and gloves are changed according to Subsection (5).

(b) The body artist may allow a client to:

(i) eat when symptoms of hypoglycemia or shock are observed or likely to occur based on visual observation, the information provided by the client verbally, or the client consent and disclosure form described in Section R392-701-14; and

(ii) drink from a closed beverage container if the container is handled to prevent contamination of the procedure area and equipment.

(4) A body artist shall:

(a) maintain clothes, hair, nails, and skin free of visible particulate matter and debris;

(b) use good personal hygiene habits while providing body art services; and

(c) utilize clean and sterile equipment, implements, supplies, and tools as required by this rule.

(5) Before and after performing a body art procedure or at any other time contamination may have occurred, body artists shall wash their hands at a designated hand sink in the following sequential order:

(a) remove rings, watches, and bracelets from hands and wrists;

(b) wet hands with warm water and apply soap;

(c) rub hands together for a minimum of 20 seconds, making a soapy lather;

(d) include each finger, between fingers, thumbs, nails, cuticles, wrists, palms, and the top of hands;

(e) rinse soap from hands;

(f) pat hands dry with a clean disposable towel; and

(g) use a new, clean, disposable towel to touch the handles of the sink to turn it off.

(6) At a minimum, a body artist shall wear a new pair of single-use gloves:

(a) during set up and cleaning;

(b) during a disinfection and sterilization procedure;

(c) when processing contaminated instruments;

(d) when transporting contaminated instruments to the processing area;

(e) when transporting sterilized instruments from the autoclave to designated storage space;

(f) during any contact with a client at the workstation or procedure area;

(g) during post-procedure take down; and

(h) any other time contamination may have occurred.

(7)

(a) Before a body art procedure is performed, the body artist shall prepare the immediate skin area and the areas of skin surrounding the procedure site by applying an antiseptic solution in accordance with the manufacturer's directions.

(b) If shaving is necessary, the body artist shall shave the procedure site with a single-use disposable razor before skin preparation, as described in Subsection (7)(a). The body artist shall discard used razors into the sharps container immediately after use on each client.

(8)

(a) If a local anesthetic, numbing agent, is used, the body artist shall apply it before skin preparation, as described in Subsection (7)(a).

(b) A local anesthetic shall only be in the form of an FDA-approved over-the-counter local or topical anesthetic or spray and may not be administered by injection.

(9) A body artist shall perform a body art procedure only on a client who is free of suspected rash or suspected visible infection of skin or the mucosa surface of an intended procedure site.

(10)

(a) A body artist shall be free of any communicable infection or any other visible disease condition that may be transmitted to the client as a result of carrying out the body art procedure. As authorized in Section 26A-1-114, a local health officer may require medical testing or examinations if a contagious or communicable disease is suspected.

(b) A body artist shall cover any open wound and may not perform a body art procedure if the body artist has an open wound that cannot be covered during the body art procedure.

(11) The operator shall ensure that, in the event of client bleeding during or immediately after a body art procedure, any product used to stop the flow of blood or to absorb blood is a sanitary, single-use item that is disposed of in an appropriate container immediately after use.

(12)

(a) In performing body art procedures, the body artist shall wear gloves and use aseptic technique to ensure that the instruments and gloves are not contaminated.

(b) Gloves shall be discarded and changed, at a minimum:

(i) before initial skin preparation and marking;

(ii) before the body art procedure;

(iii) after the completion of a body art procedure, before post-procedure cleanup; and

(iv) when gloves are torn or punctured or contaminated by contact with unclean objects, unclean surfaces, or a third person.

(c) If, while performing a body art procedure, a glove is pierced, torn, or otherwise compromised, the compromised gloves shall be immediately discarded, and hands shall be washed as directed in Subsection (5).

(d) A single pair of gloves may not be used on more than one client.

(e) Used gloves may not be rinsed, washed, disinfected, or sterilized for reuse.

(f) A body artist shall use gloves when handling sterile equipment.

(13) The operator shall ensure that:

(a) any reusable item or instrument used for body art that becomes contaminated during a body art procedure is immediately removed from the area and replaced before the procedure resumes;

(b) each single-use item is used only on one client and is discarded immediately after use into the waste container required in Subsection R392-701-7(2)(c)(ii);

(c) single-use needles, razors, microblades, and other sharps are discarded in a sharps container immediately after use; and

(d) in the event of bleeding, any product used to check the flow of blood or to absorb blood is single-use and is disposed of immediately after use in the waste container required in Subsection R392-701-7(2)(c)(ii).

(14)

(a) Upon completion of a body art procedure, the operator or body artist shall provide each client with aftercare instructions, containing the name, address, and phone number of the body art facility and the local health department.

(b) Aftercare instructions shall advise the client to consult the body artist and a licensed health care professional if the body art procedure site shows signs of infection.

(c) Aftercare instructions shall contain the following information at a minimum and shall be made available to the local health officer upon request:

(i) proper wound care instructions following a body art procedure;

(ii) potential side effects;

(iii) activity restrictions;

(iv) signs and symptoms of infection; and

(v) instructions to call the body art facility and a physician if infection occurs.

(d) Within three days of being made aware, the body artist shall report to the local health department any known infection, complication, or disease resulting from a body art procedure.

(15) Before performing any branding procedure, the procedure area shall:

(a) have walls that extend from floor to ceiling and a tight-fitting closable door;

(b) be equipped with an ultraviolet air purifier appropriately sized to the room based on the square footage and the manufacturer's recommendations; and

(c) meet requirements of Section R392-701-7.

(16) When performing a branding procedure, the body artist shall use either a strike branding process or a thermal cautery unit.

(a) Only nongalvanized metal may be used for strike branding.

(b) Only propylene gas should be used to heat the metal for strike branding.

(17) Before performing any scarification procedure, the procedure area shall:

(a) have walls that extend from floor to ceiling and a tight-fitting closable door;

(b) be equipped with an ultraviolet air purifier appropriately sized to the room based on the square footage and the manufacturer's recommendations; and

(c) meet requirements of Section R392-701-7.

(18) A body artist shall:

(a) only perform body art procedures in a procedure area, as defined in this rule;

(b) review and keep a copy of a valid driver's license or other government-issued picture identification of the parent or legal guardian before the body artist performs a body art procedure on a minor; and

(c) consult and follow the guidance of any published FDA safety alerts regarding recalled tattoo inks and body art products.

Notes

Utah Admin. Code R392-701-11

Adopted by Utah State Bulletin Number 2025-06, effective 3/13/2025