Utah Admin. Code R392-701-3 - Definitions

(1) "Aftercare instruction" means verbal and written instructions given to the client, specific to the provided body art procedure regarding the proper care of impacted human tissue.

(2)

(a) "Antiseptic" means a product that is a skin disinfectant, labeled as useful in preventing diseases caused by microorganisms present on the skin or on mucosal surfaces of humans, and intended for use in the mitigation, treatment, or prevention of disease.

(b) This includes products meant to kill germs, or products labeled as:

(i) antibacterial;

(ii) antimicrobial;

(iii) antiseptic;

(iv) germicide; or

(v) microbicide.

(3) "Aseptic technique" means a set of specific practices and procedures performed under controlled conditions with the goal of minimizing contamination by pathogens.

(4) "Autoclave" means a device intended to sterilize products using steam and heat at high pressure that is identified by the manufacturer as either type B, N, or S in accordance with standard ISO 17665.

(5) "Automated instrument washer" means a mechanical washer that cleans and decontaminates instruments before packaging and sterilization.

(6) "Biocompatible" means the ability of an object to perform its intended function, with the desired degree of incorporation in the host, without eliciting any undesirable local or systemic effects in that host.

(7)

(a) "Bloodborne pathogen" means pathogenic microorganisms that are present in human blood and can cause disease in humans.

(b) These pathogens include:

(i) hepatitis B virus (HBV);

(ii) hepatitis C virus (HBC); and

(iii) human immunodeficiency virus (HIV).

(8)

(a) "Body art" means a permissible practice of physical body adornment defined as:

(i) body piercing;

(ii) tattooing;

(iii) permanent cosmetics;

(iv) microblading;

(v) branding; and

(vi) scarification.

(b) Body art does not include ear piercing, as defined in Subsection (22).

(9) "Body art facility" means the same as defined in Subsection 26B-7-401(6).

(10) "Body art procedure" means the act of performing body art.

(11) "Body artist" means any person performing a body art procedure.

(12) "Body piercing" means the same as defined in Subsection 26B-7-401(7) but does not include ear piercing, as defined in Subsection (22).

(13) "Branding" means the same as defined in Subsection 26B-7-401(8).

(14) "Chemical disinfectant" or "disinfectant" means a solution labeled as an EPA-registered bactericidal, fungicidal, and virucidal disinfectant used according to manufacturer's directions to reduce or eliminate the presence of disease-causing microorganisms for use on work surfaces but which does not necessarily eliminate all microbial forms.

(15) "Clean" means the condition of an object being visibly free from dirt, soil, stain, or other materials not intended to be a part of the object.

(16) "Client" means an individual who undergoes a body art procedure from a body artist or who enters a body art facility or a temporary body art facility intending to receive a body art procedure.

(17) "Contamination" means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.

(18) "Decontamination" means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where it is no longer capable of transmitting infectious particles and the surface or item is made safe for handling, use, or disposal.

(19) "Disinfection" means the use of physical means or chemical disinfectant, where sterilization techniques are not feasible, to destroy pathogens on implements and other nonliving surfaces or to reduce pathogens to a level which prevents their rapid reproduction, thereby making the item or surface safe for handling, use, and disposal.

(20) "Distilled water" means water with a neutral pH of 7.0 that has been boiled and condensed to remove impurities and contaminants.

(21) "Dwelling" means a building or structure that is intended or designed to be used, rented, leased, let, or hired out for human habitation.

(22) "Ear piercing" means the puncturing of the fleshy, non-cartilaginous earlobe that is located at the lower end of the external ear with piercing equipment to insert stud-and-clasp jewelry according to the directions provided by the piercing equipment's manufacturer.

(23) "Ear-piercing facility" means a business establishment or kiosk where ear piercing is performed, but body piercing and other body art procedures are not performed.

(24) "Enzymatic cleaning solution" means a cleaner that relies on biological enzyme catalysts to remove proteins or biofilms from a surface or item.

(25) "Equipment" means machinery, containers, vessels, tools, devices, implements, storage areas, and sinks used in conjunction with the storage or application of body art by a body artist to a client or used in sterilization, decontamination, or disinfection processes.

(26) "FDA" means United States Food and Drug Administration.

(27) "Furnishing" means any fixture, furniture, and other object within a body art facility that is not integral to the structure of the physical facility and is not used in the storage of body art equipment, application of body art, or sterilization, decontamination, or disinfection processes.

(28) "Gloves" means medical grade or exam grade, non-powdered, disposable, single-use full-hand covering gloves worn for protection against disease transmission.

(29)

(a) "Guardian" means a person who has qualified as a guardian of a minor pursuant to testamentary or court appointment and according to Section 75-5-202 or by written instrument as provided in Section 75-5-202.5.

(b) Guardian does not include a guardian ad litem.

(30) "Hot water" means water heated to a temperature of at least 100 degrees Fahrenheit at the outlet via a mixing valve or combination faucet.

(31) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is sufficient evidence to show that a product, practice, circumstance, or event creates a situation that can cause infection, disease transmission, pest infestation, or hazardous condition that requires immediate correction or cessation of operation to prevent injury, illness, or death.

(32) "Integrator" means a strip or device used in an autoclave chamber that confirms sterilization. An integrator changes color when it has been exposed to a combination of steam, pressure, heat, and time.

(33) "Jewelry" means any biocompatible object that is worn in a body piercing.

(34) "Local health department" means the same as defined in Subsection 26A-1-102(6).

(35) "Local health officer" means the director of a local health department as appointed under Section 26A-1-110 or the local health officer's designated representative.

(36) "Microblading" means the same as defined in Subsection 26B-7-401(14).

(37) "Microblading implement" means a handheld device typically consisting of a handpiece and a thin, flat blade-like piece that is composed of multiple fine needles used to deposit pigment into the skin to mimic the appearance of natural hair follicles.

(38) "Minor" means the same as defined in Section 76-10-2201.

(39) "Mucosal surface" means the moisture-secreting membrane lining of body cavities or passages that communicates with the exterior, including the nose, mouth, vulva, and urethra.

(40) "Operator" means:

(a) any person who, whether permitted or not, controls, operates, owns, or manages a body art facility or temporary body art facility, whether or not the person performs body art procedures; or

(b) any individual who has been designated by the person described in Subsection (a) as the person in charge.

(41) "Permanent cosmetics" means the same as defined in Subsection 26B-7-401(17).

(42) "Person" means an individual, any form of business or social organization, or any other non-governmental legal entity, including a corporation, partnership, limited-liability company, association, trust, or unincorporated organization.

(43) "Plumbing Code" means International Plumbing Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act.

(44) "Plumbing fixture" means a receptacle or device that:

(a) discharges wastewater, liquid-borne waste materials, or sewage to the drainage system of the premises; or

(b) is connected to the water supply system of the premises.

(45) "Potentially infectious material" means:

(a) any unfixed human tissue or organ, other than intact skin, whether living or dead;

(b) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and

(c) the following human body fluids:

(i) amniotic fluid

(ii) body fluid that is visibly contaminated with blood;

(iii) body fluids in situations where it is difficult or impossible to differentiate between body fluids;

(iv) cerebrospinal fluid;

(v) pericardial fluid;

(vi) peritoneal fluid;

(vii) pleural fluid;

(viii) saliva in dental procedures;

(ix) semen;

(x) synovial fluid; and

(xi) vaginal secretions.

(46) "Premises" means any lot, parcel, or plot of land, including any building or structure.

(47)

(a) "Pre-sterilized instruments" means tools used in body art procedures that have undergone a sterilization process by the manufacturer before being packaged for sale.

(b) Pre-sterilized instruments, including needles, jewelry, and disposable ink cartridges, are typically disposable, single-use items that have been packaged to ensure that they are sterile when opened by the body artist for the first time.

(48) "Procedure area" means a room, portion of a room, or any surface of an inanimate object that is designated only to be used to perform body art procedures or esthetician work incorporating permanent cosmetics.

(49) "Procedure site" means the area or location on the human body selected for the placement of body art.

(50) "Processing area" means a room or area in a body art facility or temporary body art facility used only for cleaning, decontamination, sterilization, and related tasks.

(51) "Regulated Waste" means any:

(a) contaminated item that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed;

(b) contaminated sharp;

(c) item that is caked with dried blood or other potentially infectious materials and is capable of releasing these materials during handling;

(d) liquid or semi-liquid blood or other potentially infectious material; and

(e) pathological and microbiological waste containing blood or other potentially infectious materials as defined.

(52) "Sanitary" means the condition of being free from:

(a) infective, physically hurtful, diseased, poisonous, unwholesome, or otherwise unhealthful substances;

(b) any pest, vermin, or vector;

(c) harborage for any pest, vermin, or vector; and

(d) any trace of a pest or vermin.

(53) "Scarification" means the same as defined in Subsection 26B-7-401(19).

(54) "Service animal" means the same as defined in 28 CFR 35.104 (2024).

(55) "Sharp" means any object that may purposefully or accidentally cut or penetrate the skin or mucosa, including a body piercing needle, scalpel blade, tattoo needle, permanent cosmetic needle, and razor blade.

(56) "Sharps container" means a closable, puncture-resistant container that is:

(a) closable for handling, storage, transportation, and disposal;

(b) labeled with the international biohazard symbol;

(c) leak-proof on the sides and bottom; and

(d) manufactured specifically to contain sharps.

(57) "Single-use" means a product or item that is intended for one-time, one-person use and is disposed of after a single use, including:

(a) cotton swabs or balls;

(b) gauze and sanitary coverings;

(c) gloves;

(d) ink cups;

(e) microblades;

(f) needles;

(g) paper or plastic cups;

(h) razors;

(i) scalpel blades;

(j) stencils; and

(k) tissues or paper products.

(58) "Sterile water" means purified water that is free of preservatives and microorganisms and is stored in a single-use container.

(59) "Sterilization" means a validated process by the use of physical or chemical agents to make an object or instrument free from living microorganisms.

(60)

(a) "Tattooing" means any method of placing ink or other pigment into or under the skin or mucosa using a needle or any other instrument used to puncture the skin, resulting in permanent or temporary colorization of the skin or mucosa.

(b) This includes any form of permanent cosmetics, as defined in this rule.

(61) "Temporary body art facility" means any body art facility operating at a fixed location where a body artist performs body art procedures for no more than 14 consecutive days in conjunction with a single event or celebration.

(62) "Ultrasonic cleaner" means a device that removes debris by a process called cavitation in which waves of acoustic energy are propagated in aqueous solutions to disrupt the bonds that hold particulate matter to surfaces.

(63) "Universal precautions" means a method of infection control that requires the personnel to assume that all human blood and specified human body fluids are infectious for HBV, HBC, HIV, and other blood pathogens.

(64) "Vermin" means any bedbug, cockroach, fly, mouse, rat or other pest or vector as determined by the local health officer to be harmful to the life, health, or welfare of the public.

(65) "Wastewater" means sewage, industrial waste, or any other liquid or waterborne substance causing or capable of causing pollution of waters of the state.

(66)

(a) "Workstation" means the area within a procedure area where a body artist performs body art.

(b) The workstation includes the body artist's chair, client chair or table, counter, instrument tray, mayo stand, and storage drawer.

Notes

Utah Admin. Code R392-701-3

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