R392. Health and Human Services, Population Health, Environmental Health.

R392-701. Body Art Facility Sanitation.

R392-701-1. Authority and Purpose.

(1) Subsections 26B-1-202(2)(a), 26B-1-202(2)(z), 26B-7-402(19), and 2B-7-417(2) authorize this rule.

(2) This rule establishes minimum standards for the sanitation, operation, and maintenance of a body art facility and a temporary body art facility, as defined by this rule, and provides for the prevention and control of hazards associated with body art industries that are likely to adversely affect public health and wellness, including risk factors contributing to injury, sickness, death, disability, and the spread of disease.

R392-701-2. 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

(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;

(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;

(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;

(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.

R392-701-3. Applicability.

(1) This rule applies to:

(a) a body art facility;

(b) a temporary body art facility; and

(2) This rule does not apply to:

(a) physicians, surgeons, nurses, other licensed medical personnel, or persons performing funeral services, if licensed to practice their profession in Utah and when performing their professional duties; or

(b) an ear-piercing facility.

R392-701-4. General Requirements.

(1) Body art procedures shall be performed only in a body art facility or temporary body art facility operating with a valid permit.

(2) The operator shall:

(a) be responsible for the conduct of body artists and other persons working at the body art facility to ensure compliance with this rule;

(b) be present or designate a person in charge when any body art procedure is being performed at the body art facility; and

(i) as required in Section 76-10-2201; and

(ii) in the presence of a parent or legal guardian who accompanies the minor in the procedure area for the entire procedure;

(d) ensure that a body artist does not perform branding or scarification on a minor regardless of parental consent as prohibited in Section 76-9-2004; and

(e) not knowingly do any of the following:

(i) conceal, withhold, or falsify records or evidence;

(ii) interfere with the performance of the duties of the local health officer; or

(iii) make a false statement, representation, certification, record, or report or otherwise falsify information required to be maintained or retained pursuant to this rule.

(3) A body art facility shall have:

(a) an adequate supply of chemical disinfectant for use as required in Subsection R392-701-8(8)(c); and

(b) the following first aid supplies in a readily accessible location:

(i) adhesive bandages of various sizes and applications;

(ii) antiseptic wipes;

(iii) compression bandages;

(iv) medical tape; and

(v) sterile gauze pads.

(4) Except for a service animal assisting a person with a disability, no animal, including a pet, emotional support animal, comfort animal, or therapy animal, is permitted in a body art facility.

(5) Nothing in this rule shall be construed to require the operator to perform a body art procedure upon any person.

(6)(a) This rule does not require a construction change in any portion of a body art facility if the facility was operating in compliance with applicable laws and ordinances in effect before this rule was made effective, except that the local health officer may require construction changes if it is determined the body art facility or a portion of the body art facility is creating an imminent health hazard.

(b) A body art facility that is newly established more than 90 days after the effective date of this rule shall comply with this rule.

R392-701-5. Water Supply System.

The operator shall ensure that:

(1) the potable water supply system for use in a body art facility or temporary body art facility is designed, installed, and operated according to the requirements set forth by:

(a) local health department regulations;

(b) Plumbing Code; and

(2) the body art facility and each toilet room is provided with potable water; and

(3) in the event of a potable water service disruption lasting more than 10 minutes, body art procedures are not performed or are discontinued until potable water service is restored.

R392-701-6. Wastewater Disposal System.

The operator shall ensure that:

(1) sewer services are made available to the body art facility or temporary body art facility;

(2) the sewer system serving a body art facility or temporary body art facility is designed, installed, and operated according to the requirements set forth by:

(a) local health department and municipal regulations;

(b) Plumbing Code; and

(d) the local sewer district with jurisdiction; and

(3)(a) wastewater from a body art facility or temporary body art facility is discharged to a public sanitary sewer system when available and practical for use; or

(b) where connection to a public sanitary sewer is not practical at a body art facility or temporary body art facility, wastewater is discharged to an approved onsite wastewater disposal system.

R392-701-7. Construction Requirements for a Permanent Body Art Facility.

(1) Except when an operator ensures that each body artist uses only pre-sterilized disposable body art instruments, pre-sterilized single-use body art materials, and pre-sterilized single-use supplies, the operator shall ensure that the body art facility is equipped with:

(a) a processing area that is:

(i) inaccessible to the public; and

(ii) used only for cleaning, decontamination, sterilization of body art instruments and equipment, and other closely related tasks;

(b) a sink for cleaning contaminated body art instruments according to the procedure described in Subsection R392-701-10(1)(e) that is:

(i) not used for hand washing;

(ii) not located in a procedure area or a toilet room; and

(iii) separated by a permanent plexiglass, stainless steel, or other smooth and non-porous physical barrier between the sink and the autoclave to prevent recontamination of sterilized body art instruments;

(i) large enough to sterilize the largest body art instrument requiring sterilization;

(ii) appropriate for use in a body art facility to sterilize body art instruments or jewelry; and

(iii) located away from any body art procedure area, or any area frequented by the public, except that an autoclave used only to process clean jewelry immediately before the procedure may be located in the body art procedure area; and

(d) an ultrasonic cleaner or an automated instrument washer intended for the cleaning of reusable body art instruments that:

(i) has a solid tight-fitting lid that is left on the ultrasonic cleaner for at least five minutes after any cycle unless directed otherwise by the manufacturer;

(ii) is separated by a permanent plexiglass, stainless steel, or other smooth and non-porous physical barrier between the ultrasonic cleaner and autoclave to prevent recontamination of sterilized body art instruments; and

(iii) is located away from any body art procedure area, or any areas frequented by the public, except that an ultrasonic cleaner used only to process clean jewelry immediately before the procedure may be located in the body art procedure area.

(2) The operator shall ensure that:

(a) each body art facility has a toilet room that is accessible to body artists and clients and is equipped with:

(i) a handwashing sink:

(A) with running hot water and cold water under pressure;

(B) located in or immediately adjacent to the toilet room; and

(ii) a solid, durable, and easily cleanable waste receptacle;

(iii) a toilet;

(iv) individual disposable towels or other approved hand drying facilities; and

(v) soap and toilet tissue in suitable dispensers;

(b) each body art facility has a handwashing sink in addition to the handwashing sink required in Subsection (2)(a)(i) that is accessible and conveniently located to body artists and clients, except that the local health officer may provide an exemption from this requirement when the handwashing sink described in Subsection (2)(a)(i) is located outside of, but adjacent to, the toilet enclosure;

(i) is separated from waiting clients or observers; and

(ii) has a container for regulated waste that is:

(A) constructed of heavy-grade plastic or metal;

(B) covered; and

(d) each body art facility has at least one procedure area that may be screened from public view for clients requesting privacy; and

(e) each body art facility is:

(i) well ventilated;

(ii) provided with a light source that, when measured three feet off the floor, is equivalent to:

(A) at least 20 foot candles in areas of general use;

(B) at least 100 foot candles in the body art procedure area; and

(iii) completely separated during a body art procedure from any location or practice that may cause contamination of procedure area surfaces or equipment.

(3) The operator of a body art facility that intends to practice or instruct scarification shall submit to the local health department a floor plan demonstrating compliance with Section R392-701-8 before initiating scarification services.

R392-701-8. Scarification Procedure Area Requirements.

(1) As required in Section 26B-7-417, a body art facility that practices or instructs scarification that involves demonstration on human skin shall conduct any scarification procedure in a dedicated enclosed room that is not used for any other purpose.

(2) The dedicated enclosed room shall:

(a) be physically separated from other areas of the body art facility by:

(i) permanent or semi-permanent smooth and easily cleanable floor-to-ceiling walls or partitions;

(ii) a closable door; and

(iii) entry controlled by the operator or staff;

(b) be used only for scarification procedures, instrument preparation related to scarification, and associated aftercare consultation; and

(3) Each body art facility permitted to practice body art on this rule's effective date has 18 months from this rule's effective date to comply with this section.

R392-701-9. Maintenance Requirements for a Permanent Body Art Facility.

The operator shall ensure that:

(1) any interior wall, floor, and surface of a procedure area is smooth, free of open holes or cracks, washable, and in good repair;

(2) any procedure surface, table, counter, equipment, chair, and other surface in the body art facility is constructed of smooth, easily cleanable materials;

(3) body art instruments and supplies are stored in clean, dry, and covered containers and not stored or located in a toilet room or garbage room, or under sewer lines that are not shielded to intercept potential drips;

(4) during the body art facility's hours of operation, a body artist has access to a sufficient supply of:

(a) any cleaning supplies necessary to maintain a sanitary work environment;

(b) chemical disinfectant;

(d) sterile body art instruments;

(5) each plumbing fixture in the body art facility:

(a) complies with Plumbing Code, including backflow prevention requirements;

(b) is free from cracks and similar disrepair which may prevent proper cleaning; and

(6) effective measures are in place to:

(a) prevent the presence of vermin in the body art facility; and

(b) ensure that exterior openings, windows, skylights, and outer doors are protected against the entrance of flies and other flying insects by self-closing doors, closed windows, 16-mesh or finer screening, controlled air currents, or other means approved by the local health officer;

(7) equipment is operated and maintained according to the manufacturer's instructions; and

(8) the local health officer is provided with a copy of the manufacturer's recommended procedures for equipment operation and maintenance upon request.

R392-701-10. Specific Health and Sanitation Requirements for a Temporary Body Art Facility.

(1) A temporary body art facility is exempt from:

(a) Subsection R392-701-7(1)(b)(iii);

(b) Subsection R392-701-7(2)(a);

(d) Subsection R392-701-9(1); and

(e) Subsection R392-701-9(5).

(2) Except for Subsection (1), the operator of a temporary body art facility and any body artist working in a temporary body art facility shall comply with this rule.

(3) The operator shall ensure that:

(a) body art procedures are only performed inside a building or portion therein that meets the requirements of this rule;

(b) any floor and wall or partition of the temporary body art facility is cleanable or disposable;

(c) a temporary body art facility has a toilet room that is accessible to body artists and clients, conveniently located to the temporary body art facility, and equipped with:

(i) a handwashing sink:

(A) with running hot water and cold water under pressure;

(B) located in or immediately adjacent to the toilet room; and

(ii) a solid, durable, and easily cleanable waste receptacle;

(iii) a toilet;

(iv) individual disposable towels or other approved hand drying facilities; and

(v) soap and toilet tissue in suitable dispensers.

(d) a temporary body art facility has a temporary handwash station in addition to the handwashing sink required in Subsection (3)(c)(i) that is:

(i) clean and sanitary, and in good repair;

(ii) equipped with:

(A) a solid, durable, and easily cleanable waste receptacle;

(B) a wastewater catch basin;

(C) an enclosed and filled water container with a spigot or faucet that allows for continuous water flow without the need for constant hand contact;

(D) disposable paper towels; and

(E) liquid hand soap;

(iii) located within or adjacent to the temporary body art facility;

(iv) readily accessible to body artists; and

(v) used solely for hand washing.

(4) The local health officer may allow for the sharing of a conveniently located handwash station, as described in Subsection (3)(d), for:

(a) up to 12 temporary body artists;

(b) up to four booths or facilities; or

R392-701-11. Disinfection and Sterilization Requirements.

(1) The operator shall ensure that:

(a) any item or instrument used for body art that is contaminated during the procedure is immediately replaced with a sterilized instrument or item before the procedure resumes;

(b) any reusable item or instrument that may have been exposed to bloodborne pathogen contamination during a body art procedure is sterilized before use;

(c) at the conclusion of each client service, multi-use implements, such as a tattoo machine, and other tools which cannot be sterilized in an autoclave or immersed in liquid without being damaged are cleaned and disinfected in the following sequential manner:

(i) remove visible debris;

(ii) disinfect with a chemical disinfectant spray or wipe according to the manufacturer's directions; and

(iii) store covered in a clean, dry location;

(d) disinfection is carried out using a chemical disinfectant in accordance with the manufacturer's directions;

(e) each instrument used for a body art procedure remains stored:

(i) in a sterile package until just before a body art procedure; or

(ii) cleanly in a container, ready for sterilization immediately before the procedure;

(f) except as specified in Subsection (1)(c), reusable body art instruments are packed individually in sterilization packaging and subsequently sterilized in the autoclave described in Subsections R392-701-7(1)(c)(i) through (iii) after being cleaned as specified in Subsection (1)(g);

(g) except as specified in Subsection (1)(c), reusable body art instruments are processed after each use in the processing area according to the following sequential order:

(i) soak in an enzymatic cleaning solution;

(ii) scrub to remove visible debris;

(iii) rinse and inspect for visible debris;

(iv) process through an ultrasonic cycle or automated instrument washer;

(v) rinse;

(vi) air dry; and

(vii) inspect for any remaining residue or debris;

(h) floors, walls, ceilings, tables, counters, shelves, furniture, furnishings, and plumbing fixtures are kept clean and in good repair;

(i) packages, sterile equipment, and body art materials are not used without first being reprocessed and sterilizing again if the package, equipment, or material:

(i) has been visibly compromised; or

(ii) has not been stored as required in Subsection (1)(e);

(j) reusable body art instruments are transported from the procedure area to the processing area in a container with a secured lid;

(k) reusable body art instruments remain stored in sterile packages or other containers designed for sterilizing instruments that are marked with the sterilization date until just before they are used for a body art procedure;

(l) sterilization packaging contains either an internal temperature sterilization indicator or Class 5 steam sterilization integrator;

(m) tables, counters, chairs, floors, and other work surfaces are cleaned and disinfected after each use regardless of whether contamination is visible;

(n) the date of sterilization and cycle number is noted on the sterilization packaging; and

(o) when utilizing on-demand sterilization in which an instrument or material is placed into an autoclave to be sterilized immediately before the body art procedure, the sterilization cassette contains an internal temperature sterilization indicator or steam sterilization integrator.

(2) Single-use items may be packed in peel-packs with a clean, reusable instrument before being sterilized provided they are arranged in a manner that will allow each item to be properly sterilized.

(3)(a) The operator shall conduct spore testing, according to the manufacturer's directions, at least monthly to ensure that the sterilization equipment is capable of attaining sterilization.

(b) These tests shall be verified through an independent laboratory.

R392-701-12. 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

(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;

(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;

(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

(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) 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.

R392-701-13. Specific Health and Sanitation Requirements for Tattooing and Permanent Cosmetics.

The operator shall ensure that:

(1) each body artist cleans and disinfects the body art procedure area as specified in Subsections R392-701-11(1)(d), (h), and (m) before use for each client;

(2) equipment, multi-use implements, tools, and materials are:

(a) covered with single-use protective barriers that:

(i) may include a bottle bag, clip cord sleeve, and machine bag; and

(ii) are changed between clients; and

(b) properly cleaned and disinfected after servicing each client in accordance with Section R392-701-11;

(3) absorbent products used for drying the skin after disinfecting or scrubbing the skin before tattooing or during application of dyes or inks are:

(a) sanitary single-use products; and

(b) discarded immediately after use into the waste container required in Subsection R392-701-7(2)(c)(ii);

(4) each bench, chair, or table is made of or covered in a non-porous material that can be disinfected;

(5) any ink, dye, and pigment is:

(a) specifically manufactured for performing body art procedures;

(b) used according to the manufacturer's instructions;

(d) not diluted with potable water;

(e) diluted for single use on a single client; and

(f) transferred, immediately before a tattoo is applied, from the bottle or container and placed into a single-use plastic cap or cup, which is;

(i) not used on more than one client; and

(ii) discarded with its contents upon completion of the tattoo or permanent cosmetic procedure;

(6) any product used in the application of a stencil is dispensed and applied on the procedure site in a manner to prevent contamination of the original container and its contents;

(7) any product applied to the skin after the skin has been broken, including a body art stencil, is single-use and disposable;

(8) each tattoo is applied using sterile equipment or sterilized single-use equipment;

(9) each body artist works from a disinfected non-porous tray set up that may be lined with a single-use disposable tray liner during a body art procedure;

(10) the body artist removes excess dye or ink from the skin with a single-use item that is immediately discarded into the waste container required in Subsection R392-701-7(2)(c)(ii);

(11) the body artist washes the tattooed area with an antiseptic solution after completing a body art procedure;

(12) the body artist provides the client with a small amount of antiseptic mouthwash in a disposable cup before any oral tattoo and advises the client to rinse thoroughly for at least 30 seconds.

(13) a tattooed or permanent cosmetic procedure site is allowed to dry and is covered using petroleum jelly or antibacterial ointment;

(14) each single-use microblading implement is:

(a) pre-sterilized;

(b) disposable;

(c) operated in such a manner that once the needle grouping, or "blade," is affixed to the handle, it is not removed during or after use; and

(d) the entire microblading implement, including both the handpiece and the blade, is discarded into a sharps container as required in Subsection R392-701-12(13)(c); and

(15) a microblading implement needle grouping, or "blade," is not used on more than one client; and

(16) any reusable handpiece part of a microblading implement is cleaned and sterilized as required in Section R392-701-11 after use on each client.

R392-701-14. Specific Health and Sanitation Requirements for Body Piercing.

The operator shall ensure that:

(1) body piercing needles are:

(a) sterile, single-use, and manufactured for either medical or body piercing purposes;

(b) disposed of in a sharps container immediately after use; and

(2) after use on each client, any equipment, material, multi-use implement, and tool is properly cleaned and sterilized;

(3) jewelry to be used for a new body piercing is:

(a) inspected by the body artist before use to ensure it is free of any nick, scratch, and other imperfection;

(b) sterilized before use;

(i) 00G to 14G gauge glass, fused quartz, borosilicate, and soda-lime that is lead free;

(ii) ASTM B-392 compliant niobium, except matte finish black;

(iii) ASTM F-67, ASTM F-136, ASTM F-1295, or ASTM F-1295 compliant titanium and titanium alloy;

(iv) ASTM F-138 compliant stainless steel;

(v) ASTM F-754 compliant PTFE;

(vi) platinum;

(vii) solid 14K or 18K white, yellow, or rose gold that is nickel free and cadmium free; or

(viii) Tygon; and

(d) not made from any of the following materials:

(i) aluminum;

(ii) any type of organic material, including horn, bone, coconut wood, bamboo, or ivory;

(iii) glass with gauge size higher than 14G;

(iv) gold filled, plated, rolled, or vermeil jewelry;

(v) high-density, low-porosity nontoxic plastics such as acrylic;

(vi) silver;

(vii) stainless steel that is not ASTM F-138 compliant;

(viii) stone;

(ix) tempered glass; or

(x) wood of any type; and

(4) each body artist provides the client with a small amount of antiseptic mouthwash in a disposable cup before any oral piercing and advises the client to rinse thoroughly for at least 30 seconds.

R392-701-15. Scarification Policies and Procedures.

(1) As required in Section 26B-7-417, a body art facility that practices or instructs scarification shall maintain written policies and procedures to ensure client safety during scarification procedures.

(2) The policies and procedures required under Subsection (1) shall, at a minimum, address clothing, personal protective equipment, single-use instruments, sanitization and disposal of tools, and cleaning and bandaging skin, as described in Subsections (2)(a) through (2)(e).

(a) Each body artist performing scarification shall wear clean clothing that:

(i) minimizes contamination of the procedure area and procedure site;

(ii) is changed when visibly soiled; and

(iii) is maintained in a manner that prevents contact with non-sanitary surfaces.

(b)(i) Each body artist shall use appropriate personal protective equipment, including gloves and other barriers, during any scarification procedure to prevent exposure to bloodborne pathogens.

(ii) Personal protective equipment shall be single-use or properly disinfected or sterilized in accordance with this rule.

(c)(i) Each body artist shall only use a sterile, single-use instrument to cut or penetrate the skin during scarification.

(ii) Immediately after use, the body artist shall discard any single-use sharp in a sharps container, in accordance with Subsection R392-701-12(13)(c).

(d)(i) The operator shall ensure each reusable tool used in a scarification procedure is cleaned, disinfected, and sterilized in accordance with Section R392-701-11.

(ii) Any regulated waste generated during a scarification procedure shall be disposed of in accordance with Section R392-701-17.

(e)(i) Each procedure site shall be cleaned and prepared using an antiseptic solution before scarification.

(ii) Upon completion of a scarification procedure, a body artist shall clean and cover the procedure site with appropriate sterile bandaging.

(iii) A body artist shall provide aftercare instructions in accordance with Subsection R392-701-12(14).

(3) The policies and procedures required by this section shall be maintained on the premises and made available to the local health officer upon request.

(4) The operator shall obtain proof of client age before performing a scarification procedure, as required in Subsection R392-701-16(2).

R392-701-16. Records and Recordkeeping Requirements.

(1)(a) 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.

(b) The health questions described in Subsection (2)(b)(ii) are intended solely to allow the client to voluntarily disclose conditions that may increase the risk of complications from a body art procedure. These questions do not require the operator or body artist to diagnose, treat, or make a medical determination regarding a client's health condition.

(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

(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?";

(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?";

(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) A body art facility that elects to perform scarification procedures shall include in the client consent and disclosure form:

(a) a risk notification section stating that scarification procedures involve deliberate cutting of the skin and may result in:

(i) severe bleeding;

(ii) scarring that may be permanent, unpredictable, or aesthetically different from the intended design;

(iii) delayed wound healing;

(iv) nerve damage, loss of sensation, or altered sensation at the procedure site;

(v) bacterial, viral, or fungal infection;

(vi) bloodborne disease transmission if instruments or procedures are not properly controlled; and

(vii) the need for medical treatment, including surgical or antibiotic intervention;

(b) the statement: "Individuals with diabetes, a compromised immune system, clotting disorders, or skin conditions should consult a licensed health care provider before undergoing scarification";

(c) a statement that by signing the form, the client understands the additional risks specific to scarification procedures, including permanent scarring, unpredictable outcomes, and potential medical complications; and

(d) information about how to report an injury during or resulting from scarification to the local health department.

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

(5) 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.

(6) 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

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

(a) any adverse event related 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;

(b) any adverse event related to scarification, including excessive bleeding, hospitalization, or surgical intervention; and

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

(8) The operator shall:

(a) keep client records confidential;

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

(9)(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 R392-701-11(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.

(10) 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;

(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 R392-701-12(1).

R392-701-17. Solid Waste.

The operator shall ensure that solid waste generated at a body art facility, including regulated waste, is:

(1) contained, labeled, stored, transported, and disposed in accordance with local health department regulations;

(2) stored in a leak-proof, non-absorbent container that is kept covered with a tight-fitting lid; and

(3) disposed with sufficient frequency and in such a manner as to prevent vermin harborage or an imminent health hazard.

R392-701-18. Prohibited Practices.

A body artist may not:

(1) perform body art while under the influence of alcohol or drugs;

(2) perform scarification upon a minor, as prohibited under Section 76-9-2004;

(3) perform body art on a person who, in the opinion of the operator, is inebriated or appears to be under the influence of alcohol or drugs;

(4) use on a client any product that has been recalled by the FDA; or

(5) perform a body art procedure in an unpermitted facility.

R392-701-19. Permit Requirements.

(1) A body art facility may not operate in Utah unless the operator has first obtained a permit to operate from the local health department having jurisdiction.

(2) To obtain a permit from the local health department, the operator shall complete an application provided by that local health department and pay any associated fee.

(3) Before the body art facility or temporary body art facility is eligible for a permit, the operator shall demonstrate to the local health officer that the facility:

(a) can meet the requirements specified in Sections R392-701-4 through R392-701-12; and

(b) has the systems in place to meet the consent, disclosure, and record keeping requirements in Section R392-701-16.

(4) The operator shall be able to demonstrate to the local health officer initially, and upon subsequent inspections, sufficient knowledge of aseptic technique, universal precautions, and sanitary procedural operations, as required in Section R392-701-11.

(5) The operator shall submit to the local health officer properly prepared plans and specifications for review before:

(a) the construction of a body art facility;

(b) the conversion of an existing structure for use as a body art facility; or

(c) the remodeling of a body art facility, if the local health officer determines plans and specifications are necessary to ensure compliance with this rule.

(6) A body art facility permit or temporary body art facility permit may not be transferred from one facility, owner, or operator to another. A change in ownership or change of body art facility or temporary body art facility location invalidates the existing permit.

(7) Temporary body art facilities may be permitted to operate in conjunction with a single event or celebration, for which a permit shall only be valid for 14 consecutive days or less.

(8) A current body art facility permit shall be posted in a prominent and conspicuous area in the body art facility or temporary body art facility where it may be readily observed by clients and the local health officer.

R392-701-20. Inspections and Investigations.

(1) The operator shall permit the local health officer, upon presenting proper identification, to enter upon the premises of a body art facility or temporary body art facility to perform any inspection and investigation relating to any matter affecting public health and as necessary to ensure compliance with this rule.

(2) A local health officer may inspect the dedicated enclosed room for scarification to verify compliance with this rule and applicable statute.

R392-701-21. Closing or Restricting Use of a Body Art Facility or Temporary Body Art Facility.

(1) If the condition or operation of a body art facility or temporary body art facility creates an imminent health hazard to the public, the local health officer may:

(a) suspend or revoke the body art facility or temporary body art facility permit;

(b) close the affected portion of the body art facility or temporary body art facility; and

(c) restrict the use of all or part of the body art facility or temporary body art facility or its equipment or instruments;

(2) The operator shall restrict public access to each area of a body art facility or temporary body art facility closed or restricted to use by a local health officer within a reasonable time as ordered by the local health officer.

(3) An operator may not allow the public to utilize any body art facility or temporary body art facility or portion thereof that has been deemed unfit for use until the local health officer gives written approval.

KEY: body art, tattoo, piercing, permanent cosmetics, scars, scarification

Date of Last Change: August 3, 2026

Authorizing, and Implemented or Interpreted Law: 26B-1-202(2)(a); 26B-1-202(2)(z); 26B-7-402(19); 26B-7-417(2)