North Carolina General Statutes
Chapter 130A. Public Health.
ARTICLE 1A. Commission for Health Services.
130A-29. Commission for Health Services -- Creation, powers and
duties.
[**Update notice: This section has been amended by
S.L. 2001-469 SESSION 2001 - HOUSE BILL 1472.]
(a) The Commission for Health Services is created with the authority and
duty to adopt rules to protect and promote the public health.
(b) The Commission is authorized to adopt rules necessary to implement
the public health programs administered by the Department as provided in
this Chapter.
(c) The Commission shall adopt rules:
(1) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022,
s. 5.
(2) Establishing standards for approving sewage-treatment devices and
holding tanks for marine toilets as provided in G.S. 75A-6 (o).
(3) Establishing specifications for sanitary privies for schools where
water-carried sewage facilities are unavailable as provided in G.S.
(4) Establishing requirements for the sanitation of local confinement
facilities as provided in Part 2 of Article 10 of Chapter 153A of the
General Statutes. (5) Repealed by Session Laws 1989 (Regular
Session, 1990), c. 1075, s. 1.
(5a) Establishing eligibility standards for participation in Department
reimbursement programs.
(6) Requiring proper treatment and disposal of sewage and other waste
from chemical and portable toilets.
(7) Establishing statewide health outcome objectives and delivery
standards.
(8) Establishing permit requirements for the sanitation of premises,
utensils, equipment, and procedures to be used by a person engaged in
tattooing, as provided in Part 11 of Article 8 of this Chapter.
(9) Implementing immunization requirements for adult care homes as
provided in G.S. 131D-9 and for nursing homes as provided in G.S.
(d) The Commission is authorized to create:
(1) Metropolitan water districts as provided in G.S. 162A-33;
(2) Sanitary districts as provided in Part 2 of Article 2 of this
Chapter; and
(3) Mosquito control districts as provided in Part 2 of Article 12 of
this Chapter.
(e) Rules adopted by the Commission shall be enforced by the Department.
(1973, c. 476, s. 123; 1975, c. 19, s. 57; c. 694, s. 6; 1979, c. 41, s.
1; 1981, c. 614, s. 9; 1983, c. 891, s. 15; 1983 (Reg. Sess., 1984), c.
1022, s. 5; 1989, c. 727, ss. 175, 176; 1989 (Reg. Sess., 1990), c.
1004, s. 50; c. 1075, s. 1; 1991, c. 548, s. 2; 1993, c. 321, s. 274;
1993 (Reg. Sess., 1994), c. 670, s. 3; 2000-112, s. 6.)
North Carolina General Statutes
Chapter 130A. Public Health.
ARTICLE 2. Local Administration.
Part 1. Local Health Departments.
130A-39. Powers and duties of a local board of health.
(a) A local board of health shall have the responsibility to
protect and promote the public health. The board shall have the
authority to adopt rules necessary for that purpose.
(b) A local board of health may adopt a more stringent rule
in an area regulated by the Commission for Health Services or
the Environmental Management Commission where, in the opinion
of the local board of health, a more stringent rule is required
to protect the public health; otherwise, the rules of the
Commission for Health Services or the rules of the
Environmental Management Commission shall prevail over local
board of health rules. However, a local board of health may not
adopt a rule concerning the grading, operating, and permitting
of food and lodging facilities as listed in Part 6 of Article
8 of this Chapter and as defined in G.S. 130A-247(1), and a
local board of health may adopt rules concerning wastewater
collection, treatment and disposal systems which are not
designed to discharge effluent to the land surface or surface
waters only in accordance with G.S. 130A-335(c).
(c) The rules of a local board of health shall apply to all
municipalities within the local board's jurisdiction.
(d) Not less than 10 days before the adoption, amendment or
repeal of any local board of health rule, the proposed rule
shall be made available at the office of each county clerk
within the board's jurisdiction, and a notice shall be
published in a newspaper having general circulation within the
area of the board's jurisdiction. The notice shall contain a
statement of the substance of the proposed rule or a
description of the subjects and issues involved, the proposed
effective date of the rule and a statement that copies of the
proposed rule are available at the local health department. A
local board of health rule shall become effective upon adoption
unless a later effective date is specified in the rule.
(e) Copies of all rules shall be filed with the secretary of
the local board of health.
(f) A local board of health may, in its rules, adopt by
reference any code, standard, rule or regulation which has been
adopted by any agency of this State, another state, any agency
of the United States or by a generally recognized association.
Copies of any material adopted by reference shall be filed with
the rules.
(g) A local board of health may impose a fee for services to
be rendered by a local health department, except where the
imposition of a fee is prohibited by statute or where an
employee of the local health department is performing the
services as an agent of the State. Notwithstanding any other
provisions of law, a local board of health may impose
cost-related fees for services performed pursuant to Article 11
of this Chapter, "Wastewater Systems," for services performed
pursuant to Part 10, Article 8 of this Chapter, "Public
Swimming Pools", and for services performed pursuant to Part
11, Article 8 of this Chapter, "Tattooing". Fees shall be based
upon a plan recommended by the local health director and
approved by the local board of health and the appropriate
county board or boards of commissioners. The fees collected
under the authority of this subsection are to be deposited to
the account of the local health department so that they may be
expended for public health purposes in accordance with the
provisions of the Local Government Budget and Fiscal Control
Act.
(1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s.
7065; 1957, c. 1357, s. 1; 1959, c. 1024, s. 1; 1963, c. 1087;
1973, c. 476, s. 128; c. 508; 1977, c. 857, s. 2; 1981, c. 130,
s. 2; c. 281; c. 949, s. 4; 1983, c. 891, s. 2; 1985, c. 175,
s. 1; 1989, c. 577, s. 2; 1991 (Reg. Sess., 1992), c. 944, s.
10; 1993 (Reg. Sess., 1994), c. 670, s. 2; 1995, c. 507, s.
26.8(c).)
North Carolina General Statutes
Chapter 130A. Public Health.
ARTICLE 8. Sanitation.
Part 11. Tattooing.
130A-283. Tattooing regulated.
(a) Definition. -- As used in this Part, the term "tattooing>"
means the inserting of permanent markings or coloration, or the
producing of scars, upon or under human skin through puncturing
by use of a needle or any other method.
(b) Prohibited Practice. -- No person shall engage in
<tattooing> without first obtaining a <tattooing> permit from the
Department. Licensed physicians, as well as physician
assistants and nurse practitioners working under the
supervision of a licensed physician, who perform <tattooing>
within the normal course of their professional practice are
exempt from the requirements of this Part.
(c) Application. -- To obtain a <tattooing> permit, a person
must apply to the Department. Upon receipt of the application,
the Department, acting through the local health department,
shall inspect the premises, instruments, utensils, equipment,
and procedures of the applicant to determine whether the
applicant meets the requirements for a <tattooing> permit set by
the Commission. If the applicant meets these requirements, the
Department shall issue a permit to the applicant. A permit is
valid for one year and must be renewed annually by applying to
the Department for a permit renewal.
(d) Violations. -- The Department may deny an application for
a <tattooing> permit if an applicant does not meet the
requirements set by the Commission for the permit. The
Department may suspend, revoke, or refuse to renew a permit if
it finds that <tattooing> is being performed in violation of this
Part. In accordance with G.S. 130A-24(a), Chapter 150B of the
General Statutes, the Administrative Procedure Act, governs
appeals concerning the enforcement of this Part.
(e) Limitation. -- A permit issued pursuant to this Part does
not authorize a person to remove a <tattoo from the body of ahuman being. Compliance with this Part is not a bar to
prosecution for a violation of G.S. 14-400.
(1993 (Reg. Sess., 1994), c. 670, s. 1.)
S.L. 1998-230 SESSION 1997 - SENATE BILL 916 SENATE BILL 916 AN ACT TO REWRITE THE LAWS REGULATING COSMETIC ART AND TO REGULATE THE PRACTICE OF MASSAGE AND BODYWORK THERAPY.
The General Assembly of North Carolina enacts:
§§ 14-400. [Tattooing>][fn&fn;&fn;] [<Tattooing>; body piercing][fn&fn;] prohibited. [(a)][fn&fn;] It shall be unlawful for any person or persons to <tattoo the arm, limb, or any part of the body of any other person under 18 years of age. Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor. [(b) It shall be unlawful for any person to pierce any part of the body other than ears of another person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior consent of a custodial parent or guardian is obtained. Anyone violating the provisions of this section is guilty of a Class 2 misdemeanor.][fn&fn;]"
NORTH CAROLINA ADMINISTRATIVE CODE
Copyright (c) 2002 by the North Carolina Office of Administrative Law
*** THIS FILE INCLUDES ALL RULES FILED THROUGH FEBRUARY 8, 2002 ***
TITLE 15A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CHAPTER 18. ENVIRONMENTAL HEALTH
SUBCHAPTER 18A. SANITATION
SECTION .3200. TATTOOING
.3201 DEFINITIONS
The following definitions shall apply throughout this Section:
(1) "Blood and Body Fluid Precautions" means a method of infection
control in which all human blood and body fluids are treated as if known to be
infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), and other
infections that can be transmitted by contact with blood.
(2) "Department" means the Department of Environment, Health, and Natural
Resources. The term also means the authorized agent of the department.
(3) "Sharps" means any objects that can penetrate the skin including, but
not limited to, needles, razor blades, scalpels, and broken capillary tubes.
(4) "Sterilize" means the approved microbicidal treatment by a process
which provides enough accumulative heat or concentration of chemicals for a length
of time sufficient to eliminate the microbial count, including pathogens.
(5) "Tattooing" means tattooing as defined in G.S. 130A-283.
(6) "Tattoo Artist" means any person who engages in tattooing.
(7) "Tattoo Establishment" means any location where tattooing is engaged
in or where the business of tattooing is conducted or any part thereof. For
purposes of this Section, "Tattoo Parlor" falls within this definition.
(8) "Tattooing Room" means a room in the tattoo establishment where
tattooing is performed.
.3208 OPERATION AND MAINTENANCE
(a) Antiseptic soap and a germicidal solution shall be available to each
tattoo artist. Individual hand scrub brushes and fingernail files or orange
sticks for each tattoo artist shall also be available. Before tattooing the
first patron of the day, each tattoo artist shall scrub his hands and
forearms with an antiseptic soap and warm water for five minutes using a clean
individual hand brush and an individual file or orange stick for his fingernails; and
he shall repeat this process for two to three minutes before tattooing each
subsequent patron that day. An individual disposable towel shall be used for
drying the tattoo artist's hands and arms after rinsing. Each tattoo artist
shall wear clean disposable latex surgical gloves and a clean or disposable
gown or coat or a clean or disposable lap cloth while engaged in tattooing.
Gloves must be changed between patrons and disposed of after each use. There shall
be no use of tobacco or other smoking materials in the tattooing room, and
there shall be no eating of food or drinking of beverages in the tattooing room by
the tattoo artist.
(b) Tattooing instruments and other equipment shall be cared for as
follows:
(1) All clean and ready-to-use instruments, dyes, carbons, and stencils
shall be kept in a closed container, case, or storage cabinet while not in use.
The storage cabinet shall be maintained in a sanitary manner at all times.
Sterile instruments shall be kept in sterile packages or containers;
(2) Only disposable needles shall be used in the tattooing process, and a
new needle or set of needles shall be used on each patron;
(3) Autoclaving shall be used for sterilization of the needle bar tube
and needle bar of the tattoo machine before use on each patron. The needle bar
tube of the tattooing machine shall be cleaned after each use and before being
sterilized for use with the next patron;
(4) The needles and instruments required to be sterile shall be handled
with aseptic technique during the tattooing procedure so they are not
contaminated before use; and
(5) The effectiveness of the autoclave in killing bacterial endospores
shall be tested once each month by using an endospore-impregnated strip. Results
of this test shall be recorded for review annually by the department.
(c) All sharps, including the needles after removal from the needle bar,
shall be stored and disposed of in containers that are rigid, puncture-resistant, and leak-proof when in an upright position.
(d) Blood and body fluid precautions shall be practiced by the tattoo
artist when the potential for contact with blood and body fluids exists in any
procedure.
.3202 PERMITTING
(a) Every person engaged in the practice of tattooing shall register with
their local health department on or before January 1, 1995, by providing
their name, the address of the location at which they engage in tattooing, and
their hours of operation.
(b) No person shall engage in tattooing on or after June 1, 1995, without
first obtaining a tattooing permit issued by the department. Persons
permitted to engage in tattooing in counties with local rules shall obtain a tattooing
permit from the department on or after June 1, 1995. Nothing herein shall
preclude counties with local rules from permitting tattoo artists prior to
June 1, 1995, at which time all tattoo artists shall be permitted by the
department.
(c) No tattooing permit shall be issued to a person until an inspection
by the department verifies compliance with this Section.
(d) Tattooing permits shall be issued in the name of the individual
tattoo artist, shall list the address of the tattoo establishment where the artist
will practice, and shall not be transferable to another person or place of
practice.
(e) A valid tattooing permit shall be posted in the premises of the
tattoo establishment in a conspicuous place where it may be easily observed by the
public upon entering the establishment.
(f) Application for a tattooing permit shall be submitted to the local
health department. The application shall include at least the following
information:
(1) Name of tattoo artist;
(2) Mailing address of tattoo artist;
(3) Name of tattoo establishment;
(4) Street address of tattoo establishment;
(5) Anticipated date of commencing operation; and
(6) Signature of tattoo artist.
(g) Any additional information requested by the department to verify
compliance with this Section shall be submitted with the permit application.
An initial application for issuance of a tattooing permit shall be submitted no
less than 30 days before anticipated commencement of tattooing by the artist
within the jurisdiction of the local health department issuing the permit.
Application for renewal of an existing tattooing permit shall be submitted
to the local health department at least 30 days prior to the expiration date of
the existing permit.
(h) Any permit application fee established by the local board of health
shall be paid upon submission of the application.
.3207 CONSTRUCTION
(a) Each tattoo establishment shall have at least one tattooing room.
This room shall be separate and apart from all other areas in the establishment,
and access to this room shall be restricted. Patrons shall be tattooed only in
the tattooing room, and there shall be a separate work station for each patron
within the tattooing room. Furniture and furnishings within the tattooing
room shall be constructed to be easily cleanable, maintained in good repair, and
kept clean.
(b) At least one lavatory with mixing faucets supplied with hot and cold
running water under pressure shall be provided for every five artists for
hand washing and utensil washing. Lavatories shall be accessible to the tattooing
room such that tattoo artists can wash their hands and return to the tattoo
room without having to touch anything with their hands. Access to these
lavatories shall be restricted to the tattoo artists. Each lavatory shall be easily
cleanable, in good repair, and kept free of storage.
(c) Poisons, including germicidal solutions, used in the tattoo
establishment shall be stored in covered containers with labels identifying the contents.
(d) The tattooing room shall be maintained clean and in good repair. The
floor of the tattooing room shall be of impervious material and shall be
maintained in clean condition at all times.
.3211 PROCEDURE WHEN INFECTION SUSPECTED
All infections resulting from the practice of tattooing which become
known to the tattoo artist shall be reported to the local health department by the
tattoo artist within 48 hours.
.3210 INSECT, RODENT AND VECTOR CONTROL
The premises shall be kept clean and free of vermin at all times. There
shall be no fly or mosquito breeding places or rodent harborage on the premises.
Non-human animals shall not be allowed in the tattooing room. Litter under
the control of the tattoo artist or operator shall not be permitted to
accumulate on the premises.
.3206 RECORDS, HEALTH REQUIREMENTS FOR PATRONS
(a) Retrievable records for each patron shall be kept by the tattoo artist.
The patron shall be required to record or verify their name, address, phone
number, date of birth, and provide their signature.
(b) Records shall be kept for a minimum of two years and shall be made
available to the department on demand.
(c) No person with visible jaundice (yellowing of the eyes or skin) shall
be tattooed.
(d) No tattooing shall be done on skin surface that has a rash, pimples,
boils, infections, or manifests any evidence of being reddened or inflamed.
NOTES:
History Note:
Filed as a Temporary Adoption Eff. January 1, 1995, for a period of 180
days or until the permanent rule becomes effective, whichever is sooner;
Eff. April 1, 1995.
