Montana Administrative Code

37.112.136 TATTOOING: CONSENT FORM (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.137 HANDLING AND DISPOSAL OF INFECTIOUS MATERIAL Waste that may have been contaminated with blood or body fluids must be separated from other waste and stored in a container with a biohazard warning label. An adequate supply of sharps containers must be maintained on the p…

37.112.140 TATTOOING: RESTRICTIONS AND PROHIBITIONS (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.141 RECORD KEEPING AND REVIEW Client records, consent forms, autoclave sterilization test results, and any other records required by this chapter must be maintained on the establishment premises for a minimum of three years. The records must be: available for review and ve…

37.112.142 CLIENT RECORD The operator must maintain a client record for each client. At a minimum, the client record must include: a copy of the signed consent form required by ARM 37.112.144; the name of the body artist who performed the body art procedure; the address, telephon…

37.112.143 TATTOOING: OPERATION (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.144 CONSENT FORM The client must sign a consent form before each body art procedure. If the client is under the age of 18, then the client's parent or legal guardian must sign the consent form, in person, before the procedure. The consent form must contain: the client's na…

37.112.146 TATTOOING: INSPECTION AND ENFORCEMENT (REPEALED) Authorizing statute(s): 50-1-202, MCA Implementing statute(s): 50-1-202, MCA History: NEW, 1998 MAR p. 967, Eff. 4/17/98; TRANS, from DHES, 2001 MAR p. 2429; REP, 2007 MAR p. 351, Eff. 3/23/07.

37.112.147 TRAINING Operators and body artists must complete formal training in at least general sanitation, first aid, and universal precautions for preventing the transmission of blood-borne pathogens before licensure. Training may be provided by the department, its designee, o…

37.112.150 LICENSE REQUIREMENT AND DISPLAY No person shall operate an establishment without a license issued by the department. Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such a license. Licenses are not transferable. A…

37.112.151 LICENSE APPLICATION Any person desiring to operate an establishment shall submit an application for a license on forms provided by the department. The application must include the name and address of the applicant, and the location and type of the proposed establishmen…

37.112.152 LICENSE FEE AND EXPIRATION Except as provided in (2), the license fee is $185 each for a tattoo license and body piercing license. The license fee for establishments that only pierce ear lobes is $125. The license will expire annually on December 31 following the date …

37.112.153 LICENSE DENIAL AND CANCELLATION A notice of license denial or cancellation, as provided for in 50-48-205, MCA, is properly served when it is hand-delivered to the operator of the license or the person in charge, or when it is sent by registered or certified mail to the…

37.112.156 REVIEW OF PLANS Whenever an initial license is applied for, the license applicant must submit properly prepared plans and specifications to the department or its designee for review and approval before construction, remodeling, or conversion begins. For initial plan re…

37.112.157 INSPECTION The department or its designee, after proper identification, must be permitted to enter any establishment at any reasonable time for the purpose of making inspections to determine compliance with this chapter and must be permitted to examine the records of t…

37.112.158 RESTRICTIONS AND PROHIBITIONS A body art procedure may not occur if: either the body artist or the client is under the apparent influence of alcohol or other mind-altering drugs; the client has not signed the consent form required by ARM 37.112.144; or the client is un…

37.112.159 VARIANCE A licensee may request a variance to waive or modify compliance with the health requirements of this subchapter by petitioning the department. An application for a variance must contain: a statement of the proposed variance from the chapter's requirements, cit…

37.112.160 BRANDING SAFETY AND SANITATION REQUIREMENTS The work room must have walls that extend to the ceiling and a closeable door. A branding work room must be equipped with an ultraviolet air purifier appropriately sized to the room based on the square footage and the manufac…

37.112.161 SCARIFICATION SAFETY AND SANITATION REQUIREMENTS The body artist must wear personal protective equipment (PPE) consisting of disposable sleeves. The scarification work room must have walls that extend to the ceiling and a closeable door. The scarification work room mus…

37.112.162 TATTOOING: PATTERN TRANSFER If the method of pattern transfer involves a reusable plastic or acetate stencil, the stencil must be cleaned and sanitized immediately prior to the application. An adherent or emollient applied to facilitate a pattern transfer, or to cover …

37.112.163 TATTOOING: COLORS, DYES, AND PIGMENTS Each tattooist shall use colors, dyes, and pigments from reputable suppliers, designed for tattooing, stored in appropriate clean and sterile containers, and labeled with the manufacturer name and lot number. Pigments mixed or prep…

37.112.164 JEWELRY STANDARDS FOR INITIAL BODY PIERCINGS All materials used for an initial body piercing must meet ASTM and/or ISO standards for implantation. Examples of allowable materials include: steel that is ASTM F138 compliant or ISO 5832-1 compliant; steel that is ISO 1099…

37.112.165 BODY PIERCING: ADDITIONAL REQUIREMENTS AND RESTRICTIONS If the client is under the age of three, the client's parent or legal guardian must be given verbal and written warning of the inherent choking hazard of the jewelry before the body piercing. This warning may be i…

37.112.167 BODY PIERCING: EAR LOBE PIERCING EXEMPTIONS Establishments that perform ear lobe piercing only by using a mechanized presterilized piercing gun approved by the department or its designee may be exempted from ARM 37.112.116(2) and 37.112.117(8) if: the body artist and c…

37.113.101 DEFINITIONS In addition to those terms defined in 50-40-103 , MCA, the following terms, as used in Title 50, chapter 40, part 1, MCA, have the meaning set forth below: "Designee" means, for purposes of determining who is designated by the department to act on its behal…

37.113.104 BARS, CERTIFICATION OF QUALIFICATION FOR EXCEPTION (REPEALED) Authorizing statute(s): 50-40-110, MCA Implementing statute(s): 50-40-104, 50-40-108, MCA History: NEW, 2005 MAR p. 2079, Eff. 10/28/05; REP, 2009 MAR p. 1414, Eff. 10/1/09.

37.113.108 INSPECTIONS AND ENFORCEMENT The department, a local health board and their respective designees may conduct inspections of: enclosed public places to determine if any violation of the Montana Clean Indoor Air Act, Title 50, chapter 40, parts 1 and 2, MCA has occurred; …

37.113.112 COMPLAINT PROCEDURE REGARDING SMOKING VIOLATIONS An individual who believes that a violation of the Montana Clean Indoor Air Act or of 20-1-220, MCA has occurred may file a written or electronic complaint with the department or the local health board or its designee th…

37.114.1001 TUBERCULOSIS DIAGNOSIS A case of active tuberculosis disease exists if the case meets the laboratory or clinical criteria in (2) or (3). Laboratory criteria for active tuberculosis diagnosis: isolation of M. tuberculosis complex from a clinical specimen; demonstration…

37.114.1002 TUBERCULOSIS: ACTIVE DISEASE A person will be considered to have active tuberculosis until either the diagnosis of active tuberculosis is ruled out or adequate treatment is completed as determined by the local health officer or the department. When a person with activ…

37.114.1005 ISOLATION OF CASE TESTING AND QUARANTINE OF CONTACTS Isolation must be imposed upon a case of active tuberculosis until the patient is considered not able to transmit tuberculosis as determined by the local health officer and the department's tuberculosis program. The…

37.114.1006 TREATMENT STANDARDS Treatment of drug-susceptible active tuberculosis must be consistent with the standards contained in the Official American Thoracic Society/Centers for Disease Control and Prevention/Infectious Diseases Society of America Clinical Practice Guidelin…

37.114.101 DEFINITIONS In addition to the definitions contained in 50-1-101, MCA, unless otherwise indicated, the following definitions apply throughout this chapter: "Case" means a person who is confirmed or suspected to have a reportable disease or condition as listed in ARM 37…

37.114.1010 EMPLOYEE OF SCHOOL: DAY CARE FACILITY CARE PROVIDER (REPEALED) Authorizing statute(s): 50-1-202, 50-17-103, 52-2-735, MCA Implementing statute(s): 50-1-202, 50-17-103, 52-2-735, MCA History: NEW, 1980 MAR p. 1579, Eff. 6/13/80; AMD, 1981 MAR p. 1060, Eff. 9/18/81; AMD…

37.114.1015 CASE FOLLOW-UP, REPORTING, AND CONTACT INVESTIGATION The local health officer must ensure that each case of active tuberculosis within their jurisdiction obtains the follow-up tests, treatment, and monitoring recommended in the Official American Thoracic Society/Cente…

37.114.1016 SUBMISSION OF A SPECIMEN OR CULTURE Whenever a physician diagnoses a case of tuberculosis, they must ensure that a specimen or culture from the tuberculosis case is sent to the department's public health laboratory for confirmation of the results, drug susceptibility …

37.114.102 LOCAL BOARD RULES A local board of health may adopt rules for the control of communicable diseases, if such rules are as stringent as and do not conflict with the requirements of this chapter. Authorizing statute(s): 50-1-202, 50-2-116, MCA Implementing statute(s): 50-…

37.114.105 INCORPORATION BY REFERENCE The department adopts and incorporates by reference the following publications: The "Control of Communicable Diseases Manual, An Official Report of the American Public Health Association", 21st edition, 2022, which lists and specifies control…

37.114.201 REPORTERS With the exceptions noted in (3), (4), and (5), any person, including a physician, dentist, nurse, medical examiner, other health care practitioner, administrator of a health care facility or laboratory, public or private school administrator, day care facili…

37.114.203 REPORTABLE DISEASES AND OTHER CONDITIONS OF PUBLIC HEALTH IMPORTANCE The following communicable diseases and conditions and other conditions of public health importance are reportable: Acute flaccid myelitis (AFM); AIDS, as defined by the Centers for Disease Control an…

37.114.204 REPORTS AND REPORT DEADLINES A local health officer must immediately report (within four hours) to the department by telephone the information cited in ARM 37.114.205(1) through (2) whenever a case of one of the following diseases or other condition of public health im…

37.114.205 REPORT CONTENTS A report of a case of reportable disease or a condition which is required by ARM 37.114.204(1) or (2) must include, if available: first and last name and middle initial, physical address including city, state and zip code, date of birth, gender, race, a…

37.114.301 SENSITIVE OCCUPATIONS AND SETTINGS A local health officer or the department may restrict a person employed or engaged in direct care of children, the elderly, or individuals who are otherwise at a high risk for disease from practicing an occupation or activity while in…

37.114.303 FUNERALS A funeral service for a person who died of a reportable disease must be conducted in accordance with instructions of a local health officer. If a person dies from a disease requiring quarantine of contacts, a funeral service for that person may be open to the …

37.114.306 TRANSPORTATION OF COMMUNICABLE DISEASE CASES Neither an infected person with a communicable disease for which subchapter 5 of this chapter prescribes isolation nor a contact made subject to quarantine by that subchapter may travel or be transported from one location to…

37.114.307 QUARANTINE OF CONTACTS: NOTICE AND OBSERVATION If a communicable disease requires quarantine of contacts, a local health officer or the department shall institute whatever quarantine measures are necessary to prevent transmission, specifying in writing the person or an…

37.114.308 ISOLATION OF PATIENT: NOTICE When isolation of a patient is declared, the agency declaring the isolation must supply to the infected person in writing a description of the place of isolation, the length of the isolation period, and the name and title of the person decl…

37.114.312 IMPORTATION OF DISEASE No person who has a reportable disease for which subchapter 5 of this chapter prescribes isolation may be brought within the boundaries of the state without prior notice to the department and approval of measures to be taken within Montana to pre…

37.114.313 CONFIRMATION OF DISEASE Subject to the limitation in (2), if a local health officer receives information about a case of any of the following diseases, the officer must work with the department to ensure that a specimen from the case is submitted to the department, whe…

37.114.314 INVESTIGATION OF A CASE Immediately after being notified of a case or an outbreak of a reportable disease, a local health officer must investigate and take whatever steps are necessary to prevent transmission of the disease. If the local health officer finds that the n…