Utah Admin. Code R392-701-14 - Records and Recordkeeping Requirements

(1) Before engaging in any body art procedure, the operator shall require a client or potential client to complete a client consent and disclosure form in a printed or digital format.

(2) The client consent and disclosure form shall include:

(a) a risk notification section that provides information detailing the risks and possible consequences of a body art procedure, including that:

(i) a body art procedure can cause:

(A) an allergic reaction;

(B) bleeding, bruising, discomfort, pain, and swelling; and

(C) irreversible modifications to the client's body;

(ii) a body art procedure increases the client's risk of infection; and

(iii) a potential client with a heart condition may have an increased risk of contracting bacterial endocarditis and should contact the potential client's physician before receiving any body art procedure;

(b) a client evaluation section that:

(i) includes the statement, "If you have health or medical concerns, please consult a physician before engaging in a body art procedure."; and

(ii) asks at a minimum the following questions to evaluate the client's condition for receiving body art without violating the client's medical privacy:

(A) "Are you 18 years of age or older?";

(B) "Have you eaten within the past four hours?";

(C) "Are you under the influence of drugs or alcohol?";

(D) "Have you ingested anticoagulants, anti-platelet drugs, or NSAIDS (aspirin, ibuprofen, naproxen, etc.) in the last 24 hours?";

(E) "Have you ingested any medication that may inhibit the ability to heal a skin wound?";

(F) "Do you have any allergies or adverse reactions to dyes, pigments, latex, iodine, or other such products?";

(G) "Do you have hemophilia, epilepsy, a history of seizure, fainting or narcolepsy, or other conditions that may interfere with the body art procedure?";

(H) "Do you have a history of skin diseases, skin lesions, or other skin sensitivities to soaps or disinfectants that might inhibit the healing of the body art procedure?";

(I) "Do you have any communicable diseases (Hep A, Hep B, HIV, or any other disease that can be transmitted through broken skin or mucous membranes during the procedure)?";

(J) "Do you have diabetes, high blood pressure, heart condition, heart disease, or any other conditions that may interfere with the body art procedure?"; and

(K) "Are you or have you been pregnant within the last 3 months?";

(c) a client information section asking for:

(i) the client's full name and date of birth as verified from a valid government-issued photo identification or, if the client is a minor, identification from a parent or legal guardian;

(ii) the client's signature or, if the client is a minor, signature of a parent or legal guardian;

(iii) client's physical address; and

(iv) client's phone number or, if the client is a minor, a parent or legal guardian's phone number; and

(d) an informed consent statement that shall confirm at least that:

(i) the client is voluntarily obtaining services of the client's own free will and volition;

(ii) the client has had the opportunity to read and understand the consent and disclosure form;

(iii) the client has the ability to ask questions about the body art procedure before, during, and after the procedure; and

(iv) the client has received and understands written and verbal aftercare instructions.

(3) The client shall sign the client's consent and disclosure form acknowledging that the information in the form is understood and correct.

(4) The operator or body artist shall provide a copy of the completed consent and disclosure form in a printed or digital format upon a client's request.

(5) A body artist shall make a written or digital record of each administered body art procedure, including:

(a) a brief description of the procedure performed, including type and location;

(b) the body artist's name; and

(c) the date of procedure.

(6) Within three business days of becoming aware, the operator or body artist shall report to the local health department:

(a) any adverse events relating to or suspected of being related to materials used during a body art procedure, including the name of the body artist, client information, description of adverse events, and a list of materials used in the procedure along with lot or batch codes; and

(b) any injury, complaint of injury, infection that required treatment by a licensed medical practitioner, or any communicable disease resulting from the body art procedure.

(7) The operator shall:

(a) keep client records confidential;

(b) keep client records for a minimum of three years after the date of procedure; and

(c) make client records available to the local health officer upon request.

(8)

(a) The operator shall maintain records sufficient to provide a list of each pre-sterilized instrument used in body art procedures at the body art facility upon the request of the local health officer for three years after the date of procedure. Invoices or orders may satisfy this requirement.

(b) The operator shall keep records of spore testing, as required in Subsection R392-701-10(3), for at least three years after the date of receipt. These records shall be:

(i) retained at the body art facility; and

(ii) provided to the local health officer upon request.

(9) Information for each body artist shall be kept on file on the premises of a body art facility for inspection by the local health officer, including:

(a) a full name;

(b) a job description;

(c) dates of employment;

(d) a phone number;

(e) an email address;

(f) a copy of a government-issued photo ID; and

(g) a copy of the certificate for the training required in Subsection R392-701-11(1).

Notes

Utah Admin. Code R392-701-14

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