South Dakota Statutes
TITLE 9
CHAPTER 9-34
9-34-17
Any municipality may regulate the practice of tattooing> and
body piercing by licensing <tattoo> artists and practitioners of
body piercing, inspecting <tattoo> and body piercing
establishments, and establishing standards for sanitation that
are at least as stringent as those adopted by the Department of
Health pursuant to §§ 34-1-17. The term "<tattoo" means to make
permanent marks or designs on the skin by puncturing it and
inserting indelible colors. The term "body piercing" means to
place a permanent or temporary foreign object in a person's body
such as ears, nose, lips, genitals, nipples, or parts thereof for
a decorative or other nonmedical purpose by a person not directly
under the supervision of a licensed physician as defined by §§
36-4-11.
Source: SL 1985, ch 216, §§§§ 1, 2; 1992, ch 239, §§ 13; 1995,ch 189, §§ 1.
South Dakota Statutes
TITLE 26
CHAPTER 26-10
26-10-19
No minor may be tattooed> unless the minor's parents have signed
a consent form authorizing the <tattoo>. Any person who <tattoos> a
minor without parental consent is guilty of a Class 2
misdemeanor. The term "<tattoo" means to make permanent marks or
designs on the skin by puncturing it and inserting indelible
colors.
Source: SL 1985, ch 216, §§§§ 1, 2.
South Dakota Statutes
TITLE 34
CHAPTER 34-1
34-1-17
The Department of Health may adopt and enforce, subject to
chapter 1-26, orders and rules necessary to preserve and protect
the public health and may regulate, by requiring licenses or
other appropriate means, control, and, in proper cases, prohibit
and suppress any of the following matters:
(1) The manufacture into articles of commerce, other than
food, of diseased, tainted, or decayed animal or
vegetable matter;
(2) The location of cemeteries and the removal and burial of
the dead;
(3) The management of lying-in houses and boarding places for
infants, and the treatment of infants therein;
(4) The construction and equipment, in respect to sanitary
conditions, of schools, hospitals, prisons, and other
public institutions;
(5) The treatment in hospitals and elsewhere of persons
suffering from communicable diseases, the disinfection
and quarantine of persons and places in case of such
disease, and the reporting of sickness and deaths
therefrom;
(6) The distribution of biological products to be used for
the prevention and treatment of communicable diseases;
(7) The diagnosis, control, and treatment of tuberculosis;
and
(8) The minimum sanitation requirements for tattooing and
body piercing as defined in §§ 9-34-17, including
premises, equipment, methods of operation, and freedom
from communicable disease.
Source: SDC 1939, §§ 27.0104 (3); SL 1949, ch 105, §§ 5; SDC Supp1960, §§ 27.0104 (4); SL 1963, ch 380, §§ 10; revised pursuant to
SL 1972, ch 15, §§§§ 3, 4; 1987, ch 29, §§ 65; 1992, ch 239, §§ 1;
1995, ch 189, §§ 2.
SOUTH DAKOTA ADMINISTRATIVE CODE
Copyright (c) 2002 by The State of South Dakota
and Matthew Bender & Company, Inc.
a member of the LexisNexis Group.
All rights reserved.
*** THIS SECTION INCLUDES REVISIONS THROUGH MARCH 28, 2002 ***
TITLE 44. DEPARTMENT OF HEALTH
ARTICLE 12. TATTOOING AND BODY PIERCING
CHAPTER 1. MINIMUM SANITATION STANDARDS FOR TATTOOING
44:12:01:01. Definitions
The terms used in this chapter mean:
(1) "Communicable disease," a disease which is capable of being
transmitted from person to person;
(2) "Department," the state Department of Health;
(3) "Minor," a person who is under the age of 18 years;
(4) "Patron," a person who receives a tattoo;
(5) "Permanent tattoo establishment," a building where tattooing is
practiced on a year-round basis;
(6) "Tattoo artist," a person engaged in the practice of tattooing;
(7) "Tattoo establishment," the building or structure where tattooing is
practiced;
(8) "Tattooing," to puncture the skin of a person with a needle and
insert indelible permanent colors through the puncture to leave permanent marks or
designs;
(9) "Tattooing area," within a tattoo establishment, the immediate
vicinity where tattooing is performed;
(10) "Temporary tattoo establishment," a building or structure where
tattooing is practiced for not more than 30 days.
44:12:01:02. Applicability
The standards in this article apply to both temporary and permanent
tattoo establishments.
44:12:01:12. Tattoo artist -- Restricted activities
A tattoo artist may not engage in the practice of tattooing while under
the influence of alcohol or other mind-altering drugs. Minors are prohibited
from the practice of tattooing. A tattoo artist who knowingly has an infectious
disease in a communicable stage may not tattoo a patron. Infectious diseases
include rashes, skin lesions, boils, and bloodborne diseases such as viral
hepatitis B and human immunodeficiency virus infection. A tattoo artist
shall wear clean, laundered clothing and shall bathe daily.
44:12:01:07. Tattoo establishments -- Animals prohibited -- Restricted activities
Animals other than guide dogs are prohibited in tattoo establishments.
Smoking, eating, and drinking are prohibited within 10 feet of the tattooing
area. Tattoo establishments may not be used for activities which are not
directly associated with the practice of tattooing.
44:12:01:03. Tattoo establishments -- General provisions
A tattoo establishment must be a minimum of 60 square feet for one tattoo
artist and 40 square feet for each additional artist. A tattoo establishment
must be physically separated from facilities used for practices other than
tattooing. Floors and walls of the tattooing area must be smooth, easily
cleanable, nonabsorbent, and in good repair. Ceilings above the tattooing
area must be smooth, easily cleanable, and in good repair. A minimum of 30
foot-candles of light must be provided for applying the tattoo and a minimum
of 10 foot-candles for general lighting.
44:12:01:34. Disposal of contaminated products
Gauze, cotton swabs, or other single use products which are contaminated
with body fluids must be disposed of in impervious double plastic bags which are
securely sealed. When needles, tubes, or other multiple use products used in
conjunction with the practice of tattooing are disposed of, they must be
sterilized and placed in an impervious rigid container which is securely sealed.
44:12:01:05. Tattoo establishments -- Toilet facilities
Toilet facilities must be available for employee or patron use.
44:12:01:06. Tattoo establishments -- General-use equipment
Tables, chairs, and other general-use equipment must be constructed of
plastic, metal with enamel or porcelain coating, or stainless steel.
General-use equipment must be maintained in an easily cleanable condition. Covered waste
containers with single-use plastic liners must be provided.
44:12:01:08. Tattoo establishments -- Maintenance
A tattoo establishment must be maintained in a clean, sanitary, vermin-free condition and in good repair.
44:12:01:09. Tattoo establishments -- Inspection
A tattoo establishment must be inspected at least annually to determine
compliance with this chapter.
44:12:01:10. Required equipment for tattoo establishments
A tattoo establishment must be equipped with a steam pressure autoclave
capable of producing 15 pounds of pressure per square inch for at least 35
minutes at a temperature of 250 degrees Fahrenheit.
44:12:01:11. Required equipment for tattoo artists
A tattoo artist must have the following minimum equipment:
(1) Twenty-five liner tubes of whatever style and design preferred in
sealed sterile envelopes;
(2) Twenty-five shader tubes of whatever style and design preferred in
sealed sterile envelopes;
(3) Fifty needle bar setups with needles attached in sealed sterile
envelopes;
(4) Five hundred disposable pigment containers;
(5) Three hundred disposable latex or vinyl examination gloves;
(6) One gallon each of germicidal soap, isopropyl alcohol, and distilled
water for prepping skin;
(7) Access to the applicable sterilization and sanitization measures in
this chapter;
(8) Closed dustproof containers for the exclusive storage of instruments,
dyes, pigments, stencils, and other equipment;
(9) Gauze and bandages.
44:12:01:15. Record of patrons
A tattoo artist shall keep a record of each patron which includes name,
address, age, consent form with medical inquiry, and the locations and
description of tattoos. This record must be available for inspection and
kept for a period of at least two years.
44:12:01:16. Sterilization methods
Equipment requiring sterilization must be sterilized by using the method
of steam pressure sterilization with at least 15 pounds of pressure per square
inch for at least 30 minutes at a temperature of 250 degrees Fahrenheit in an
autoclave. This must be certified by a chemical indicator which is attached
to the autoclave bag and turns color when the required temperature has been
reached. A tattoo establishment owner or operator shall provide lab result
slips which state that each autoclave has been bacteriologically tested monthly
and has passed the test. Dry heat is not an acceptable method of sterilization
for the purpose of this article.
44:12:01:17. Sterile equipment -- Packaging and storage
All sterile equipment and supplies must be stored in a closed dustproof
container in such a manner as to prevent being contaminated. All needles and
tubes must be packaged prior to autoclaving either individually or in
quantities for individual tattoos. Autoclave packages must be constructed so that the
contents are visible without opening the package. Autoclave packages
containing equipment which has been autoclaved must be dated with an expiration date.
The expiration date may not exceed 30 days from the date autoclaved. Sterile
equipment may not be used after the expiration date without being
resterilized. A tattoo machine must be stored in a manner that will prevent contamination.
44:12:01:19. Tube construction -- Sterilization required
All tubes, including the grips on the tube, must be either stainless
steel, nickel-plated carbon steel, or Lexan. The grips may also be constructed of
anodized aluminum. Lead-bearing solder may not be used in the construction
of the tubes. Tubes must be thoroughly cleaned and sterilized between patrons.
GENERAL AUTHORITY: SDCL 34-1-17(8).
44:12:01:20. Tattoo machine sanitization
The open end of the tattoo machine must be cleaned and sanitized with an
approved sanitizer before each use. See Appendix B at the end of this
article for a listing of approved sanitizing solutions.
NOTES:
EDITOR'S NOTE: The Legislative Research Council substituted "article" for
"chapter" in this section to show the change in location of the appendix.
44:12:01:21. Razor requirements
Razors must be disposable single-use-only. Single-use razors may be used
for one patron only and must then be discarded.
44:12:01:25. Skin preparation
The skin area to be tattooed must be shaved if needed and must be washed
with germicidal soap and water, rinsed, dried, and washed again with 70 percent
isopropyl alcohol. A single-use gauze pad or tissue may be used for washing
the skin. All single-use products used must be discarded after they are used.
44:12:01:26. Pigment requirements
All pigments must be nontoxic and antiseptic. All pigments which are in a
dry form must be suspended in a solution of isopropyl alcohol, distilled water,
or witch hazel with only nontoxic and antiseptic additives. Pigments must be
dispensed from a main plastic container with a sealable top which allows a
single-service portion of the pigment to be dispensed into a single-use
container. All pigment dispensed and the material into which it has been
dispensed must be immediately discarded upon completion of the tattoo.
44:12:01:27. Design layout
The methods in this section are approved for the design layout of the
tattoo on the skin. In the first method, the tattoo artist sketches the design
directly onto the skin with nontoxic ink to serve as a guideline for the actual
tattoo. In the second method, the tattoo artist makes a stencil using nontoxic ink
on tracing paper and transfers the design to the skin by spraying germicidal
soap and distilled water directly onto the area to be tattooed and laying the
stencil over the sprayed area.
44:12:01:28. Tattoo application
Before placing the tattoo design on the patron's skin, the tattooist must
apply a thin coating of a petroleum jelly or antibacterial ointment over the
area to be tattooed. This must be applied with cotton swabs, gauze, or
wooden tongue depressors which must immediately be discarded. This application may
not be directly spread with an ungloved hand.
44:12:01:29. Changing pigments
When changing pigments, a tattoo artist may use a solution of germicidal
soap and water or an ultrasonic cleaner to rinse the needle and tube if the
needle and tube are used on the same patron. Ultrasonic cleaner solutions and
solution containers and covers must be discarded between patrons.
44:12:01:30. Washing of excess pigment
Washing of excess pigment from the skin during the tattoo process must be
done with single-use gauze pads or tissue with a solution of germicidal soap
and distilled water.
44:12:01:31. Use of styptics
Styptics, if used to arrest bleeding, may be used only in liquid or
powder form and must be applied with cotton swabs or gauze which is immediately
discarded.
44:12:01:32. Use of antibacterial ointment required -- Care instructions
Upon completion of the tattoo, a tattoo artist must apply an
antibacterial ointment to the tattoo with a single-use cotton swab, gauze pad, or wooden
tongue depressor which is immediately discarded. After application of the
antibacterial ointment, the tattoo artist must apply a sterile bandage. The
tattoo artist must provide written instructions regarding the proper care
and precautions for a new tattoo to each patron. Care instructions must include
the following minimum recommendations:
(1) Remove the bandage after 24 hours;
(2) Wash tattoo gently with mild soap and water and pat dry;
(3) Apply an antibacterial ointment at least twice daily;
(4) Avoid exposing the tattoo to direct sunlight for 2 weeks;
(5) Avoid swimming or soaking of the tattoo until healed;
(6) Avoid scratching or picking of the tattoo;
(7) If redness or swelling develops, contact your doctor.
44:12:01:33. Storage of soiled equipment
Upon completion of a tattoo, a tattoo artist must immerse needles and
tubes used for the tattoo in an effective sanitizing solution, as identified in
Appendix A at the end of this article, until they can be cleaned and sterilized.
44:12:01:35. Inspection fees
Municipalities which request that the department conduct inspections of
tattoo establishments shall remit $75 to the department for each inspection
conducted. If the department conducts multiple inspections during a special
event, the fee is $25 for each inspection conducted.
44:12:01:13. Tattoo artist -- Patrons restricted -- Notice posted.
A tattoo artist may not tattoo a patron without first obtaining a signed
consent. The consent must include a statement by the patron that the patron
is free from infectious or contagious diseases in a communicable stage. This
includes rashes, skin lesions, boils, and bloodborne diseases such as viral
hepatitis B and human immunodeficiency virus infection. A tattoo artist may
not tattoo a patron with evident skin lesions or skin infections or who is known
or suspected to have an infectious or contagious disease in a communicable
stage.
Minors may not be tattooed unless the minor's parents have signed a
consent form authorizing the tattoo. No tattoo artist may tattoo a patron who is
under the influence of alcohol or other mind-altering drugs.
A tattoo artist shall conspicuously post a notice stating that it is
illegal to tattoo any person under the age of 18 without the parents' signed
consent.
44:12:01:22. General-use equipment -- Sanitization required
All surfaces, counters, and general-use equipment in the tattooing area
must be cleaned and sanitized before a patron is seated. See Appendix B at the
end of this article for a listing of approved sanitizing solutions.
44:12:01:23. Linen cleaning and storage
Cloth towels, robes, and similar items used in conjunction with tattooing
must be laundered in a washing machine with hot water, laundry detergent,
and chlorine bleach between uses. A closed dustproof container must be provided
for the storage of clean towels and linen. A hamper or similar receptacle must
be provided for the storage of soiled towels and linen.
44:12:01:24. Hygienic practices -- Gloves required
A tattoo artist shall use antiseptic techniques at all times in the
practice of tattooing. A tattoo artist shall scrub hands with liquid soap and water
thoroughly before beginning preparation to tattoo. Hands must be dried with
individual single-use towels. At all times when preparing the skin and while
applying the actual tattoo, the tattoo artist must wear latex or vinyl
examination gloves, which must be discarded upon completion of the tattoo. A
tattoo artist must discard the gloves the artist is wearing, rewash hands,
and put on new gloves after an interruption in the tattoo process which requires
use of the artist's hands.
44:12:01:14. Communicable disease reporting
A tattoo artist shall immediately report to the department any known or
suspected communicable disease associated with the practice of tattooing.
44:12:01:04. Tattoo establishments -- Handwashing facility required
An easily accessible handwashing facility supplied with warm, potable,
running water must be provided in or directly adjacent to the tattooing
area. Each handwashing facility must be provided with liquid soap and single-use
paper towels.
44:12:01:18. Needle construction -- Sterilization required
All needles must be either stainless steel or nickel-plated carbon steel.
Needles may be soldered to stainless steel bars using a silver-bearing
solder. Lead-bearing solder may not be used in this process. Needles are a
single-service item and must be thoroughly cleaned and sterilized between
patrons. Rusty or faulty needles may not be used for tattooing.
44:12:02:03. General provisions
A body piercing establishment must be a minimum of 60 square feet for one
body piercing artist plus 40 square feet for each additional artist. A body
piercing establishment must be physically separated from facilities used for
practices other than body piercing or tattooing. Floors and walls of the
body piercing area must be smooth, easily cleanable, nonabsorbent, and in good
repair. Ceilings above the body piercing area must be smooth, easily
cleanable, and in good repair. A minimum of 30 foot-candles of light must be provided
for administering the body piercing and a minimum of 10 foot-candles for general
lighting.
GENERAL AUTHORITY: SDCL 34-1-17(8).
LAW IMPLEMENTED: SDCL 9-34-17, 34-1-17(8).
22 SDR 16, effective August 14, 1995.
