South Dakota Administrative Code

Rule 44:12:01:01 Definitions. 44:12:01:01. Definitions. As used in this chapter: (1) "Autoclave" means a device for sterilization by steam, usually at 250 degrees Fahrenheit, for a specified length of time as determined by the manufacturer's instructions; (2) "Communicable diseas…

Rule 44:12:01:02 Applicability. 44:12:01:02. Applicability. The standards in this article apply to temporary and permanent tattoo, and saline tattoo removal, establishments. Source: 19 SDR 64, effective November 3, 1992; 46 SDR 65, effective November 26, 2019. General Authority: …

Rule 44:12:01:03 Tattoo and saline tattoo removal establishments -- General provisions. 44:12:01:03. Tattoo and saline tattoo removal establishments -- General provisions. A tattoo or saline tattoo removal establishment must be a minimum of 60 square feet for one tattoo artist or…

Rule 44:12:01:04 Tattoo and saline tattoo removal establishments -- Handwashing facility required. 44:12:01:04. Tattoo and saline tattoo removal establishments -- Handwashing facility required. An easily accessible handwashing facility supplied with warm, potable, running water m…

Rule 44:12:01:05 Tattoo and saline tattoo removal establishments -- Toilet facilities. 44:12:01:05. Tattoo and saline tattoo removal establishments -- Toilet facilities. Toilet facilities must be available for employee or patron use. Source: 19 SDR 64, effective November 3, 1992;…

Rule 44:12:01:06 Tattoo and saline tattoo removal establishments -- General-use equipment. 44:12:01:06. Tattoo and saline tattoo removal establishments -- General-use equipment. Tables, chairs, and other general-use equipment must be constructed of plastic, metal with enamel or p…

Rule 44:12:01:07 Tattoo and saline tattoo removal establishments -- Animals prohibited -- Restricted activities. 44:12:01:07. Tattoo and saline tattoo removal establishments -- Animals prohibited -- Restricted activities. Animals other than service animals are prohibited in tatto…

Rule 44:12:01:08 Tattoo and saline tattoo removal establishments -- Maintenance. 44:12:01:08. Tattoo and saline tattoo removal establishments -- Maintenance. A tattoo or saline tattoo removal establishment must be maintained in a clean, sanitary, vermin-free condition and in good…

Rule 44:12:01:09 Tattoo and saline tattoo removal establishments -- Inspection. 44:12:01:09. Tattoo and saline tattoo removal establishments -- Inspection. A tattoo or saline tattoo removal establishment must be inspected at least annually to determine compliance with this chapte…

Rule 44:12:01:10 Required equipment for tattoo and saline tattoo removal establishments. 44:12:01:10. Required equipment for tattoo and saline tattoo removal establishments. A tattoo or saline tattoo removal establishment must be equipped with a steam pressure autoclave capable o…

Rule 44:12:01:11 Required equipment for tattoo and saline tattoo removal artists -- Reusable equipment. 44:12:01:11. Required equipment for tattoo and saline tattoo removal artists -- Reusable equipment. A tattoo or saline tattoo removal artist using reusable equipment must have …

Rule 44:12:01:11.01 Required equipment for tattoo and saline tattoo removal artists -- Single use disposable equipment. 44:12:01:11.01. Required equipment for tattoo and saline tattoo removal artists -- Single use disposable equipment. A tattoo or saline tattoo removal artist usi…

Rule 44:12:01:12 Tattoo and saline tattoo removal artist -- Restricted activities. 44:12:01:12. Tattoo and saline tattoo removal artist -- Restricted activities. A tattoo or saline tattoo removal artist may not engage in the practice of tattooing or saline tattoo removal while un…

Rule 44:12:01:13 Tattoo and saline tattoo removal artist -- Patrons restricted -- Notice posted. 44:12:01:13. Tattoo and saline tattoo removal artist -- Patrons restricted -- Notice posted. A tattoo or saline tattoo removal artist may not provide services to a patron without firs…

Rule 44:12:01:14 Communicable disease reporting. 44:12:01:14. Communicable disease reporting. A tattoo or saline tattoo removal artist shall report within three days to the department any known or suspected communicable disease associated with the practice of tattooing or saline …

Rule 44:12:01:15 Record of patrons. 44:12:01:15. Record of patrons. A tattoo or saline tattoo removal artist shall keep a record of each patron that includes name, address, age, consent form, and the locations and description of tattoos. This record must be available for inspecti…

Rule 44:12:01:16 Sterilization methods. 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 at a temperature of 250 degrees Fahrenheit in a…

Rule 44:12:01:17 Sterile equipment -- Packaging and storage. 44:12:01:17. Sterile equipment -- Packaging and storage. All sterile equipment and supplies must be stored in a closed, dustproof container to prevent being contaminated. All needles and tubes must be packaged prior to …

Rule 44:12:01:18 Needle construction -- Sterilization required. 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. Lea…

Rule 44:12:01:19 Tube construction -- Sterilization required. 44:12:01:19. Tube construction -- Sterilization required. Each reusable tube, including the grips on the tube, must be either stainless steel, nickel-plated carbon steel, or Lexan. The grips may also be constructed of …

Rule 44:12:01:20 Tattoo and saline tattoo removal machine sanitization. 44:12:01:20. Tattoo and saline tattoo removal machine sanitization. A tattoo or saline tattoo removal machine must be stored in a manner that prevents contamination. The open end of the machine must be cleane…

Rule 44:12:01:21 Razor requirements. 44:12:01:21. Razor requirements. Razors must be disposable and single-use-only. Single-use razors may be used for only one patron and must then be discarded. Source: 19 SDR 64, effective November 3, 1992; 46 SDR 65, effective November 26, 2019…

Rule 44:12:01:22 General-use equipment -- Sanitization required. 44:12:01:22. General-use equipment -- Sanitization required. All surfaces, counters, and general-use equipment in the tattooing or saline tattoo removal area must be cleaned and sanitized before a patron is seated. …

Rule 44:12:01:23 Linen cleaning and storage. 44:12:01:23. Linen cleaning and storage. Cloth towels, robes, and similar items used in conjunction with tattooing or saline tattoo removal must be laundered in a washing machine with hot water, laundry detergent, and chlorine bleach b…

Rule 44:12:01:24 Hygienic practices -- Gloves required. 44:12:01:24. Hygienic practices -- Gloves required. A tattoo or saline tattoo removal artist shall use antiseptic techniques at all times in the practice of tattooing or saline tattoo removal. An artist shall scrub hands wit…

Rule 44:12:01:25 Skin preparation. 44:12:01:25. Skin preparation. The skin area to be tattooed or from which a tattoo is to be removed must be shaved if necessary and must be washed with germicidal soap and water, rinsed, dried, and washed again with 70 percent isopropyl alcohol.…

Rule 44:12:01:26 Pigment requirements. 44:12:01:26. Pigment requirements. All pigments must be nontoxic and antiseptic. All pigments in a dry form must be suspended in a solution of isopropyl alcohol, distilled water, or witch hazel with only nontoxic and antiseptic additives. Pi…

Rule 44:12:01:27 Design layout. 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 th…

Rule 44:12:01:28 Tattoo application. 44:12:01:28. Tattoo application. Before tattooing the design on the patron's skin, the tattoo artist shall apply a thin coating of a petroleum jelly or antibacterial ointment over the area to be tattooed. The coating must be applied with cotto…

Rule 44:12:01:29 Changing pigments. 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…

Rule 44:12:01:30 Washing of excess pigment. 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. Source: 19 SDR 64, effec…

Rule 44:12:01:31 Use of styptics. 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 that is immediately discarded. Source: 19 SDR 64, effective November 3, 1992; 46 SDR 65, …

Rule 44:12:01:32 Use of antibacterial ointment required. 44:12:01:32. Use of antibacterial ointment required. Upon completion of the tattoo, the tattoo artist shall apply an antibacterial ointment to the tattoo with a single-use cotton swab, gauze pad, or wooden tongue depressor …

Rule 44:12:01:32.01 Care instructions. 44:12:01:32.01. Care instructions. The artist shall provide written instructions regarding the proper care and precautions for a new or newly removed tattoo to each patron. Care instructions must include the following recommendations: (1) Re…

Rule 44:12:01:33 Storage of soiled equipment. 44:12:01:33. Storage of soiled equipment. Upon completion of a tattoo or saline tattoo removal, all reusable needles and tubes used must be immersed in an effective sanitizing solution, as identified in Appendix A at the end of this a…

Rule 44:12:01:34 Disposal of contaminated products. 44:12:01:34. Disposal of contaminated products. Gauze, cotton swabs, or other single use products that are contaminated with body fluids must be disposed of in impervious double plastic bags that are securely sealed. When needle…

Rule 44:12:01:35 Inspection fees. 44:12:01:35. Inspection fees. A municipality that requests the department to conduct inspections of tattoo or saline tattoo removal establishments shall remit $150 to the department for each inspection conducted. If the department conducts multip…

Rule 44:12:02:01 Definitions. 44:12:02:01. Definitions. The terms used in this chapter mean: (1) "Autoclave," a device for sterilization by steam, usually at 250 degrees Fahrenheit for a specified length of time as determined by the manufacturer's instructions; (2) "Body piercing…

Rule 44:12:02:02 Applicability. 44:12:02:02. Applicability. The standards in this article apply to both temporary and permanent body piercing establishments. Source: 22 SDR 16, effective August 14, 1995. General Authority:SDCL 34-1-17(8). Law Implemented:SDCL 9-34-17, 34-1-17(8).

Rule 44:12:02:03 General provisions. 44:12:02:03. General provisions. A body piercing establishment shall be a minimum of 60 square feet for one body piercing artist plus 40 square feet for each additional artist. A body piercing establishment shall be enclosed and physically sep…

Rule 44:12:02:04 Handwashing facilities. 44:12:02:04. Handwashing facilities. An easily accessible handwashing facility supplied with warm, potable, running water shall be provided in or immediately adjacent to the body piercing area. Each handwashing facility shall be provided w…

Rule 44:12:02:05 Toilet facilities. 44:12:02:05. Toilet facilities. Toilet facilities must be available for employee or patron use. Source: 22 SDR 16, effective August 14, 1995. General Authority:SDCL 34-1-17(8). Law Implemented:SDCL 9-34-17, 34-1-17(8).

Rule 44:12:02:06 General-use equipment. 44:12:02:06. 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 …

Rule 44:12:02:07 Animals prohibited -- Restricted activities. 44:12:02:07. Animals prohibited -- Restricted activities. Animals other than service animals are prohibited in body piercing establishments. Smoking, eating, and drinking are prohibited within 10 feet of the body pierc…

Rule 44:12:02:08 Maintenance of establishment. 44:12:02:08. Maintenance of establishment. A body piercing establishment must be maintained in good repair and be clean, sanitary, and vermin-free. Source: 22 SDR 16, effective August 14, 1995. General Authority:SDCL 34-1-17(8). Law …

Rule 44:12:02:09 Inspection. 44:12:02:09. Inspection. A body piercing establishment must be inspected at least annually to determine compliance with this chapter. Source: 22 SDR 16, effective August 14, 1995. General Authority:SDCL 34-1-17(8). Law Implemented:SDCL 9-34-17, 34-1-1…

Rule 44:12:02:10 Record of patrons. 44:12:02:10. Record of patrons. A body piercing artist shall keep a record of each patron which includes name, address, age, consent form with medical inquiry, and the locations and description of body piercing. This record must be available fo…