44:12:01:01.  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)  "Communicable disease," a disease which is capable of being transmitted from person to person;

          (3)  "Department," the state Department of Health;

          (4)  "Disposable setup," a setup that consists of one liner tube, one shade tube, and a needle bar setup for the liner tube and the shade tube;

          (5)  "Minor," a person who is under the age of 18 years;

          (6)  "Patron," a person who receives a tattoo;

          (7)  "Permanent tattoo establishment," a building where tattooing is practiced on a year-round basis;

          (8)  "Tattoo artist," a person engaged in the practice of tattooing;

          (9)  "Tattoo establishment," the building or structure where tattooing is practiced;

          (10)  "Tattooing," to puncture the skin of a person with a needle and insert indelible permanent colors through the puncture to leave permanent marks or designs;

          (11)  "Tattooing area," within a tattoo establishment, the immediate vicinity where tattooing is performed;

          (12)  "Temporary tattoo establishment," a building or structure where tattooing is practiced for not more than 30 days.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:03.  Tattoo establishments -- General provisions. A tattoo establishment shall be a minimum of 60 square feet for one tattoo artist and 40 square feet for each additional artist. A tattoo establishment shall be enclosed and physically separated by solid partitions at least seven feet high or walls extending from floor to ceiling from facilities used for practices other than tattooing and body piercing. Floors and walls of the tattooing area shall be smooth, easily cleanable, nonabsorbent, and in good repair. Ceilings above the tattooing area shall be smooth, easily cleanable, and in good repair. A minimum of 30 foot-candles of light shall be provided for applying the tattoo and a minimum of 10 foot-candles for general lighting.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:04.  Tattoo establishments -- Handwashing facility required. An easily accessible handwashing facility supplied with warm, potable, running water shall be provided in or directly adjacent to the tattooing area. Each handwashing facility shall be provided with liquid soap and single-use paper towels or a commercial hand dryer.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 18, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:07.  Tattoo establishments -- Animals prohibited -- Restricted activities. Animals other than service animals are prohibited in tattoo establishments. Smoking, eating, and drinking are prohibited within 10 feet of the tattooing area. No tattoo establishment may be used for any activity that is not directly associated with the practice of tattooing or body piercing.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:10.  Required equipment for tattoo establishments. A tattoo establishment shall be equipped with a steam pressure autoclave capable of producing 15 pounds of pressure per square inch for the time specified in the manufacturer's user manual. The autoclave shall have an internal heat source, a temperature gauge with a sensor for the exhaust, a pressure gauge, and an operational safety valve. If the establishment uses only single use, pre-sterilized, disposable instruments and products, an autoclave is not required.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:11.  Required equipment for tattoo artists -- Reusable equipment. A tattoo artist using reusable equipment shall have the following equipment:

          (1)  Twenty-five liner tubes of whatever style and design preferred in sealed sterile envelopes;

          (2)  Twenty-five shader tubes of whatever style and design preferred in sealed sterile envelopes;

          (3)  Fifty needle bar setups with needles attached in sealed sterile envelopes;

          (4)  Five hundred disposable pigment containers;

          (5)  Three hundred disposable latex or vinyl examination gloves;

          (6)  One gallon each of germicidal soap, isopropyl alcohol, and distilled water for prepping skin;

          (7)  Access to the applicable sterilization and sanitization measures in this chapter;

          (8)  Closed dustproof containers for the exclusive storage of instruments, dyes, pigments, stencils, and other equipment;

          (9)  Gauze and bandages; and

          (10)  Autoclave.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:11.01.  Required equipment for tattoo artists -- Single use disposable equipment. A tattoo artist using disposable equipment shall have the following equipment:

          (1)  Two hundred and fifty disposable setups for temporary tattoo establishments;

          (2)  One hundred disposable setups for a permanent establishment;

          (3)  Five hundred disposable pigment containers;

          (4)  Three hundred disposable latex or vinyl examination gloves;

          (5)  One gallon each of germicidal soap, isopropyl alcohol, and distilled water for prepping skin;

          (6)  Access to the applicable sterilization and sanitization measures in this chapter;

          (7)  Closed dustproof containers for the exclusive storage of instruments, dyes, pigments, stencils, and other equipment; and

          (8)  Gauze and bandages.

          All single-use products used shall be discarded after they are used.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:12.  Tattoo artist -- Restricted activities. A tattoo artist may not engage in the practice of tattooing while under the influence of alcohol or other mind-altering drugs. A minor is prohibited from the practice of tattooing. A tattoo artist shall take precautions to prevent disease transmission to the patron. The skin of the tattoo artist shall be free of rash or infection. No person or artist affected with a boil, infected wound, open sore, abrasion, weeping skin lesion, or acute respiratory infection shall work in an area of a tattoo establishment in which there is a likelihood of contaminating equipment, supplies, or working surfaces. A tattoo artist shall wear clean, laundered clothing and shall wear a clean outer garment or coverup while tattooing.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:13.  Tattoo artist -- Patrons restricted -- Notice posted. A tattoo artist may not tattoo a patron without first obtaining a signed consent. A tattoo artist may not tattoo a patron with evident skin lesion or skin infection or who is known or suspected to have an infectious or contagious disease in a communicable stage. No tattoo artist may tattoo a patron who is under the influence of alcohol or other mind-altering drugs.

          A minor may not be tattooed unless the minor's parents or legal guardian have signed a consent form authorizing the tattoo.

          A tattoo artist shall conspicuously post a notice stating that it is illegal to tattoo any person under the age of 18 without the parents' or legal guardian's signed consent.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          Cross-Reference: Tattooing minor without parental consent as misdemeanor, SDCL 26-10-19.

          44:12:01:14.  Communicable disease reporting. A tattoo artist shall report within three days to the department any known or suspected communicable disease associated with the practice of tattooing. A report may be filed during normal business hours by a toll-free report line at 1-800-592-1861 or 605-773-3737; by a confidential answering device at 1-800-592-1804; by a fax at 605-773-5509; or by a secure website at https://apps.sd.gov/applications/PH93Morbidity/secure/index.asp. A report may be filed after normal business hours for a Category I disease by calling 605-773-3737 or 1-800-592-1861.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          Cross-Reference: Mandatory communicable disease reports from physicians, laboratories and institutions -- State tuberculosis register -- Surveillance and control -- Adoption of rules, SDCL 34-22-12.

          44:12:01:15.  Record of patrons. A tattoo artist shall keep a record of each patron which includes name, address, age, consent form, the locations, and description of tattoos. This record shall be available for inspection and kept for a period of at least two years.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:16.  Sterilization methods. Equipment requiring sterilization shall 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 an autoclave for the length of time as instructed in the manufacturer's operational manual. This shall be certified by a chemical indicator which is attached to the autoclave bag and turns color when the required temperature has been reached. A tattoo establishment owner or operator shall provide lab result slips that state that each autoclave has been bacteriologically tested monthly with commercially prepared packets of Bacillus stearothermophilus or another Bacillus species and has passed the test. These lab result slips shall be available for inspection and kept for at least one year. Dry heat is not an acceptable method of sterilization for the purpose of this article.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:17.  Sterile equipment -- Packaging and storage. All sterile equipment and supplies shall be stored in a closed dustproof container in such a manner as to prevent being contaminated. All needles and tubes shall be packaged prior to autoclaving either individually or in quantities for individual tattoos. Autoclave packages shall be constructed so that the contents are visible without opening the package. Autoclave packages containing equipment that has been autoclaved shall be dated with an expiration date. The expiration date may not exceed 30 days from the date autoclaved. Sterile equipment may not be used after the expiration date without being resterilized. Commercially available individually packaged sterilized equipment may be used within the manufacturer's expiration date.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:19.  Tube construction -- Sterilization required. Each reusable tube, including the grips on the tube, shall be either stainless steel, nickel-plated carbon steel, or Lexan. The grips may also be constructed of anodized aluminum. Lead-bearing solder may not be used in the construction of the tube. Each tube shall be thoroughly cleaned and sterilized between patrons.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:20.  Tattoo machine sanitization. A tattoo machine shall be stored in a manner that prevents contamination. The open end of the tattoo machine shall be cleaned and sanitized with an approved sanitizer before each use. See Appendix B at the end of this article for a listing of approved sanitizing solutions.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:24.  Hygienic practices -- Gloves required. A tattoo artist shall use antiseptic techniques at all times in the practice of tattooing. A tattoo artist shall scrub hands with liquid soap and water thoroughly before beginning preparation to tattoo. Hands shall be dried with individual single-use towels or a commercial hand dryer. At all times when preparing the skin and while applying the actual tattoo, the tattoo artist shall wear latex or vinyl examination gloves, which shall be discarded upon completion of the tattoo. A tattoo artist shall discard the gloves the artist is wearing, rewash hands, and put on new gloves after an interruption in the tattoo process which requires  use of the artist's hands.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          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. This shall be applied with cotton swabs, gauze, or wooden tongue depressors which shall immediately be discarded. This application may not be directly spread with an ungloved hand.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:32.  Use of antibacterial ointment required -- Care instructions. Upon completion of the tattoo, a tattoo artist shall apply an antibacterial ointment to the tattoo with a single-use cotton swab, gauze pad, or wooden tongue depressor which shall be immediately discarded. After application of the antibacterial ointment, the tattoo artist shall apply a clean bandage. The tattoo artist shall provide written instructions regarding the proper care and precautions for a new tattoo to each patron. Care instructions shall include the following recommendations:

          (1)  Remove the bandage after 24 hours;

          (2)  Wash tattoo gently with mild soap and water and pat dry;

          (3)  Apply an antibacterial ointment at least twice daily;

          (4)  Avoid exposing the tattoo to direct sunlight for two weeks;

          (5)  Avoid swimming or soaking of the tattoo until healed;

          (6)  Avoid scratching or picking of the tattoo; and

          (7)  If redness or swelling develops, contact your doctor.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:33.  Storage of soiled equipment. Upon completion of a tattoo, a tattoo artist shall immerse reusable needles and tubes used for the tattoo in an effective sanitizing solution, as identified in Appendix A at the end of this article, until they can be cleaned and sterilized.

          Source: 19 SDR 64, effective November 3, 1992; 38 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:34.  Disposal of contaminated products. Gauze, cotton swabs, or other single use products that are contaminated with body fluids shall be disposed of in impervious double plastic bags that are securely sealed. When needles, tubes, single use products, or other multiple use products used in conjunction with the practice of tattooing are disposed of, they shall be sterilized and placed in an impervious rigid container that is securely sealed.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:01:35.  Inspection fees. A municipality that requests that the department conduct inspections of tattoo establishments shall remit $150 to the department for each inspection conducted. If the department conducts multiple inspections during a special event, the fee is $100 for each inspection conducted.

          A municipality shall make any request for inspections in writing.

          Source: 19 SDR 64, effective November 3, 1992; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-16.1, 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-16.1, 34-1-17(8).

          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," the placing of a permanent or temporary foreign object in a person's body, such as ears, nose, lips, genitals, nipples, or parts thereof, for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by SDCL 36-4-11; the site or location, on the patron, of the body piercing;

          (3)  "Body piercing area," within a body piercing establishment, the immediate vicinity where body piercing is performed;

          (4)  "Body piercing artist," a person engaged in the practice of body piercing;

          (5)  "Body piercing establishment," the building or structure where body piercing is practiced;

          (6)  "Communicable disease," a disease which is capable of being transmitted from person to person;

          (7)  "Department," the State Department of Health;

          (8)  "Patron," a person who receives a body piercing;

          (9)  "Permanent body piercing establishment," a building where body piercing is practiced on a year-round basis;

          (10)  "Temporary body piercing establishment," a building or structure where body piercing is practiced for not more than 30 consecutive days.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          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 separated by solid partitions at least seven feet high or walls extending from floor to ceiling from facilities used for practices other than body piercing or tattooing. Floors and walls of the body piercing area shall be smooth, easily cleanable, nonabsorbent, and in good repair. Ceilings above the body piercing area shall be smooth, easily cleanable, and in good repair. A minimum of 30 foot-candles of light shall be provided for administering the body piercing and a minimum of 10 foot-candles for general lighting.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          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 with liquid soap and single-use paper towels or a commercial hand dryer.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          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 piercing area. No body piercing establishment may be used for any activity that is not directly associated with the practice of body piercing or tattooing.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:10.01.  Required equipment for body piercing establishments. A body piercing establishment shall be equipped with a steam pressure autoclave capable of producing 15 pounds of pressure per square inch, at a temperature of 250 degrees Fahrenheit and the length of time per the manufacturer's instruction manual. The autoclave shall have an internal heat source, a temperature gauge with a sensor for the exhaust, a pressure gauge, and an operational safety valve. If the body piercing establishment uses only single use, pre-sterilized, disposable instruments and products, an autoclave is not required.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: 34-1-17(8).

          Law Implemented: 9-34-17, 34-1-17(8).

          44:12:02:11.  Required equipment -- Reusable equipment. A body piercing artist shall have the following minimum equipment:

          (1)  Twenty-five disposable single-use needles of each size used in sealed sterile envelopes;

          (2)  Twenty-five forceps in sealed sterile envelopes ;

          (3)  Two hundred cotton swabs in sealed containers;

          (4)  Two hundred disposable cups;

          (5)  Three hundred disposable latex or vinyl examination gloves;

          (6)  One gallon each of germicidal soap, isopropyl alcohol, and distilled water for prepping skin;

          (7)  Access to the applicable sterilization and sanitization measures as required in this chapter;

          (8)  Closed dustproof containers for the exclusive storage of instruments and other equipment;

          (9)  Gauze and bandages; and

          (10)  Autoclave.

          Each single-use product shall be used only once and shall then be discarded.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:11.01.  Required equipment -- Single use disposable equipment. A body piercing artist shall have the following equipment:

          (1)  Two hundred and fifty disposable single-use needles of each size used in sealed sterile envelopes for temporary establishments;

          (2)  One hundred disposable single-use needles of each size used in sealed sterile envelopes for permanent establishment;

          (3)  Two hundred and fifty single-use forceps in sealed sterile envelopes for temporary establishments;

          (4)  One hundred single-use forceps in sealed sterile envelopes for permanent establishments;

          (5)  Two hundred cotton swabs in sealed containers;

          (6)  Two hundred disposable cups;

          (7)  Three hundred disposable latex or vinyl examination gloves;

          (8)  One gallon each of germicidal soap, isopropyl alcohol, and distilled water for prepping skin;

          (9)  Access to the applicable sterilization and sanitization measures as required in this chapter;

          (10)  Closed dustproof containers for the exclusive storage of instruments and other equipment; and

          (11)  Gauze and bandages.

          Each single-use product may be used only once and shall then be discarded.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:12.  Control of infectious disease. A body piercing artist shall take precautions to prevent disease transmission to the patron. The skin of the body piercing artist shall be free of rash or infection. No person or artist affected with a boil, infected wound, open sore, abrasion, weeping dermatological lesion, or acute respiratory infection shall work in an area of a body piercing establishment in any capacity in which there is a likelihood of contaminating equipment, supplies, or working surfaces. A body piercing artist shall wear clean, laundered clothing and shall wear a clean outer garment or coverup during the body piercing.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:13.  Consent of patron required. A body piercing artist may not pierce the body of a patron without first obtaining a signed consent. A body piercing artist may not pierce the body of a patron with an evident skin lesion or skin infection or who is known or suspected to have an infectious or contagious disease in a communicable state. The consent form shall request information about medical problems that can cause the patron difficulty afterwards, e.g., diabetes, allergic reaction to certain metals or medications, hemophilia, blood clotting problems, or use of anticoagulation medications which may cause bleeding problems. A body piercing artist may not pierce the body of a patron who is under the influence of alcohol or other mind-altering drugs.

          A minor may not be pierced unless the minor's parents or legal guardian have signed a consent form authorizing the body piercing.

          A body piercing artist shall conspicuously post a notice stating that it is illegal to pierce any person under the age of 18 without the parents' or legal guardian's signed consent.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:14.  Communicable disease reporting. A body piercing artist shall report within three days to the department any known or suspected communicable disease associated with the practice of body piercing. A body piercing artist shall consult with the artist's medical provider or the department for medical management of any needle-stick injuries. A report may be filed during normal business hours by a toll-free report line at 1-800-592-1861 or 605-773-3737; by a confidential answering device at 1-800-592-1804; by a fax at 605-773-5509; or by a secure website at https://apps.sd.gov/applications/PH93Morbidity/secure/index.asp. A report may be filed after normal business hours for a Category I disease by calling 605-773-3737 or 1-800-592-1861.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          Cross-Reference: Mandatory communicable disease reporting from physicians, laboratories and institutions -- State tuberculosis register -- Surveillance and control -- Adoption of rules, SDCL 34-22-12.

          44:12:02:14.01.  Record of patrons. An artist shall keep a record of each patron which includes name, address, age, consent form with medical inquiry, the locations, and description of piercings. This record shall be available for inspection and kept for a period of at least two years.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:17.  Sterilization methods. Equipment requiring sterilization shall 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 an autoclave for the length of time instructed in the manufacturer's operational manual. This shall be certified by a chemical indicator which is attached to the autoclave bag and turns color when the required temperature has been reached. The owner or operator of the body piercing establishment shall provide lab result slips that state that each autoclave has been bacteriologically tested monthly with commercially prepared packets of Bacillus stearothermophilus or another Bacillus species and has passed the test. These lab result slips shall be kept for at least one year. Dry heat is not an acceptable method of sterilization for the purpose of this article.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:18.  Sterile equipment -- Packaging and storage. All sterile equipment and supplies shall be stored in a closed dustproof container in a manner that prevents contamination. All needles and jewelry shall be individually packaged before autoclaving. Autoclave packages shall be constructed so that contents are visible without opening the package. Autoclave packages containing equipment that has been autoclaved shall be marked with an expiration date. The expiration date may not exceed 30 days from the date autoclaved. Sterile equipment may not be used after the expiration date without being resterilized. Commercially available individually packaged sterilized equipment may be used within the manufacturer's expiration date.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:22.  Hygienic practices -- Gloves required. A body piercing artist shall use antiseptic techniques at all times during the practice of body piercing. A body piercing artist shall thoroughly scrub the hands with liquid soap and water before beginning preparation for body piercing. Hands shall be dried with individual single-use towels or a commercial hand dryer. At all times when preparing the skin and while conducting the actual body piercing, the body piercing artist shall wear latex or vinyl examination gloves which shall be discarded upon completion of the body piercing. If there is an interruption in the body piercing process that requires the use of the body piercing artist's hands, the body piercing artist shall remove the gloves, rewash the hands, and put on new gloves.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:27.  Care instructions for oral piercing. The patron of oral piercing shall rinse the mouth with an antibacterial mouthwash containing no sugar or alcohol or with a hydrogen peroxide solution before the procedure. The body piercing artist shall provide written instructions regarding the proper care and precautions for a new oral body piercing to each patron. Care instructions shall include the following recommendations:

          (1)  Rinse the mouth twice a day with an antibacterial mouthwash containing no sugar or alcohol. The mouthwash may be diluted up to 75 percent to reduce irritation. Continue rinsing for the duration of the healing process;

          (2)  Avoid placing anything other than food in the mouth, including cigarettes, fingers, and gum;

          (3)  Eat and drink only for nutritional needs until healed; and

          (4)  If excessive swelling or pain develops, contact your doctor.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-17(8).

          44:12:02:32.  Inspection fees. A municipality that requests the department to conduct inspections of body piercing establishments shall remit $150 to the department for each inspection conducted. If the department conducts multiple inspections during a special event, the fee is $100 for each inspection conducted.

          A municipality shall make any request for inspections in writing.

          Source: 22 SDR 16, effective August 14, 1995; 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-1-16.1, 34-1-17(8).

          Law Implemented: SDCL 9-34-17, 34-1-16.1, 34-1-17(8).