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Body Art Establishments
Body art establishments are licensed through the Montana Department of Public Health and Human Services (DPHHS). In Cascade County, plan review of new establishments and annual inspections are performed by a Registered Environmental Health Specialist (REHS) from CCHD Environmental Health Division (EH). Anyone performing tattooing and/or piercing procedures must do so in a licensed body art establishment according to the Administrative Rules of Montana (ARM) for Tattooing and Piercing Establishments.
What is tattooing?
Tattooing is defined as making permanent marks on the skin by puncturing the skin and inserting indelible colors. Traditional tattoos, permanent makeup, and microblading are all forms of tattooing and require the same license.
What is body piercing?
Body piercing is defined as penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. Piercing of any part of the body requires licensure.
What about other forms of body art?
Other forms of “body modification” are restricted unless performed by a medical professional with the proper training and licensure. Tongue-splitting, cutting or drilling into bone, dental modification (e.g., shaping or jewelry adhesion), implants (i.e., anything inserted beneath the skin), saline injection, vacuum pumping, branding, scarification, and other procedures that pose a substantial health risk are not allowed under the Tattooing and Piercing ARM.
Montana does not have a licensing board that sets quality or training standards for individual tattoo artists or piercers. Body art rules focus on sanitation and training that prevents infection and the transmission of bloodborne pathogens. The quality, technique and esthetics of these procedures are not regulated. Do your research before you commit to a tattoo or piercing.
Resources
All new Body Art Establishments must go through plan review and obtain a DPHHS Body Art License before any construction or remodeling takes place.
Licensing Step-by-step
- Obtain and complete the Body Art Plan Review Application
- Contact Building and Safety Officials (see below)
- Complete required Training (Info Tab)
- Create Consent Form and Aftercare Instructions
- Create Floor Plans
- Run a Spore Test (only applicable if using autoclave sterilization)
- Submit your Plan Review application, along with the Plan Review Fee to CCHD - EH. Application packet should include:
- Copy of photo IDs for owner and all artists/piercers
- Copy of Training Certificates for owner and all artists/piercers
- Floor Plan
- Consent Form
- Aftercare Instructions
- Spore Test Results (If Applicable)
- A Registered Environmental Health Specialist (REHS) will review the application and email the approval. The REHS will follow up with the applicant if there are questions or deficiencies that need to be addressed before approval.
- Complete construction/remodel according to approved plans and order all necessary supplies
- Schedule Preopening Inspection
- Complete License Application and pay Annual License Fee
- Post you License
What needs to be in the Consent Form?
Use the Sample Consent Form to help design your tattoo/piercing consent form. It contains all the required establishment, artist, client, and consent information needed for approval. You may make formatting changes or add additional items. However, if you omit any items, the form may not be approved.
What needs to be on the Floor Plan?
Submit your facility layout on graph paper or use other formatting tools to create a scale drawing. Be sure to include work rooms, waiting areas, bathrooms, clean rooms, utility closets, storage spaces, and any other spaces you will utilize. Mark the location of handwashing sinks, utility sinks, autoclaves, storage containers or shelves, sharps containers, furniture, doors, room dividers, garbage cans, and any other equipment you will be using.
Building and Safety Officials
Safety Inspection Certificate (SIC)/Building Inspection
Establishments must meet building, zoning, and fire code requirements, so appropriate state, county, or city officials must be contacted. If you have an establishment within the city of Great Falls, contact city officials. If you have an establishment outside of the city of Great Falls, contact county and state officials.
City of Great Falls Building and Safety Officials
Great Falls Fire Rescue--City Safety Inspection Certificate (Business License): 727-8070
City Planning—Zoning, Building, Plumbing, and Mechanical Inspectors: 455-8430
Cascade County & State Building and Safety Officials
County Planning—Location Conformance (LC) permits--454-6919
Deputy State Fire Marshal, Joe LeLievre—406-771-1510
State Building Inspector (DOL), Steve Clark—406-439-2982
Required Training
All body art establishment operators and artists must complete the required training before tattooing or piercing out of a licensed body art establishment.
General Sanitation
- General Sanitation covers the rules and definitions covered in Body Art ARM.
- The General Sanitation Quiz can be taken online at the DPHHS website https://dphhs.mt.gov/publichealth/FCSS/BodyArt, or in-person at CCHD during normal business hours.
- General Sanitation does not need to be renewed unless new body art rules are adopted.
Bloodborne Pathogens
- Training may be completed online or through an in-person certification course.
- The course must be OSHA compliant.
- Training must be completed annually, as required by OSHA Standard 29 CFR 1910.1030.
First Aid
- Training may be completed online or through an in-person certification course.
- Training should be through American Heart Association (AHA), American Red Cross (ARC) or an equivalent program.
- Expiration dates are determined by the certifying organization and may vary. Certificates typically expire in 2 years.
Bloodborne Pathogens Exposure Control
Body art establishment operators that employ one or more artists or piercers must meet OSHA Bloodborne Pathogen Standard, 29 CFR 1910.1030. The operator must have a Bloodborne Pathogens Exposure Control Plan that uses engineering and work practice controls to minimize potential exposure to blood and other potentially infectious materials. Hepatitis B Vaccinations must also be available to employees who are at risk of exposure. Employees may decline vaccination but must sign a declination form.
OSHA Bloodborne Pathogens Standard and Body Art
OSHA Bloodborne Pathogens Standard 29 CFR 1910.1030
Service Animals
Animals are not allowed in body art establishments, except for Patrol Dogs accompanying a police officer or Service Animals. Service Animals must be used by persons with disabilities in accordance with ADA regulations.
When a person with a service animal enters a public facility or place of public accommodation, the person cannot be asked about the nature or extent of his disability. Only two questions may be asked:
1.Is the animal required because of a disability?
2.What work or task has the animal been trained to perform?
A facility is not allowed to ask for documentation or proof that the animal has been certified, trained, or licensed as a service animal. Local laws that prohibit specific breeds of dogs do not apply to service animals.
Handler’s Responsibilities
The ADA requires the animal to be under the control of the handler. The handler is responsible for the care and supervision of his or her service animal. If a service animal behaves in an unacceptable way and the person with a disability does not control the animal, a business or other entity does not have to allow the animal onto its premises. Uncontrolled barking, jumping on other people, or running away from the handler are examples of unacceptable behavior for a service animal. A business has the right to deny access to a dog that disrupts their business. Businesses, public programs, and transportation providers may exclude a service animal when the animal’s behavior poses a direct threat to the health or safety of others. The animal must be housebroken.