CHAPTER Plc
600 BODY ART RULES
Statutory Authority: RSA 310:6, II; RSA 314-A:6
REVISION NOTE #1:
Pursuant to 2017, 144:4, effective
8-15-17, which amended RSA 314-A:6, rulemaking authority on body art licenses
was transferred to the Executive Director of the Office of Professional
Licensure and Certification from the Commissioner of the Department of Health
and Human Services, although administration of the existing rules of the
Department numbered He-P 1100 and titled “Body Art Rules” on body art licenses
had already been transferred pursuant to 2015, 276:45, effective 7-1-15 under
RSA 310-A:1-a, II and III.
Document
#12622, effective 9-21-18, readopted with amendments and renumbered the former
Chapter He-P 1100 in a new Chapter Plc 400 titled “Body Art Rules”. Document #12622 replaced all filings
affecting the former Chapter He-P 1100.
The filings affecting the former He-P 1100 include the following
documents:
#6080,
eff 8-19-95, EXPIRED 8-19-03
#8394,
eff 7-22-05
#10414,
eff 9-24-13
REVISION NOTE #2:
Document
#13258, effective 9-2-21, adopted Part Plc 405 titled “Microblading
Certificate” as an interim rule in Chapter Plc 400. Document #13337, effective 1-27-22, then
readopted with amendment Part Plc 405 as a regular rule. Document #13337 made extensive changes to the
wording and numbering of the former rules in Document #13258, including
amending and renumbering Plc 405.01 through Plc 405.05 as Plc 405.01 through
Plc 405.08. Document #13337 thereby
replaces the filing in Document #13258.
Chapter
Plc 400 titled “Body Art Rules” was subsequently renumbered as Chapter Plc 600
as an editorial change during the process pursuant to RSA 541-A:15, I of
preparing the rules in Document #13337 for certification by the Office of
Professional Licensure and Certification (OPLC). The renumbering is part of a re-organization
plan for rules under the prefix title “Plc” as
submitted by the Executive Director of the OPLC to the Office of
Legislative Services. The former rule
numbers in Chapter Plc 400 are indicated in the source notes for the rules in
Chapter Plc 600.
PART Plc 601 PURPOSE AND
APPLICABILITY; SENDING NOTICES AND LICENSES; INCORPORATED DEFINITIONS
Plc
601.01 Purpose. The purpose of this chapter is to implement RSA
314-A relative to regulating the practices of body piercing, branding,
and tattooing,
by
establishing requirements for:
(a) Obtaining and renewing a license to practice
body piercing, branding, or tattooing;
(b) Regulating the practices of body piercing,
branding, and tattooing, including establishing ethical and professional
standards required to be met by each holder of a license; and
(c) Establishing the requirements and procedures
for licensed cosmetologists and licensed estheticians to obtain a microblading
certificate.
Source. (See
Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.01); ss by #14631, eff 9-21-26,
EXPIRES: 9-21-36
Plc
601.02 Applicability.
(a) This chapter shall apply to:
(1) Any individual who intends
to practice or who does practice body piercing, branding, or tattooing in New
Hampshire, except as provided in (b), below; and
(2) Any individual holding a NH
license as a cosmetologist or esthetician who wishes to be authorized to
perform microblading.
(b) As provided in RSA 314-A:4, the following
individuals shall be exempt from licensing under this chapter:
(1)
Any person licensed by the New Hampshire board of medicine; and
(2)
Any person or facility that performs only soft-tissue ear lobe
piercing.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.03); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.03)
Plc 601.03 Notifications; Issuance of Licenses. The office of professional licensure and
certification (OPLC) shall send all notifications to applicants and licensees and all licenses issued pursuant to this chapter
in accordance with Plc 301.03.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 601.04 Incorporated Definitions. All terms used in this chapter relative to
procedures, applications, inspections, and fees that are defined in Plc 100,
Plc 200, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in
those chapters.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
PART Plc 602 CHAPTER-SPECIFIC
DEFINITIONS
Plc 602.01 “Advisory board” means the advisory board of
body art practitioners established pursuant to RSA 314-A:14.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 602.02 “Applicant” means an individual who is
seeking a license to practice body art, whether as an apprentice or a practitioner and
whether an initial license or renewal license.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.03 “Apprentice” means an individual who is at least 18 years
of age,
who works under a qualified supervisor for the purpose of learning the practice of
body art.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.04 “Appropriate” means suitable, fit, or proper,
or as further defined by federal and state laws and regulatory requirements of
professional accreditation.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.05 “Autoclave” means an apparatus for sterilizing tools
and equipment that uses steam pressure to destroy all forms of microbial life,
including highly resistant spores.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.06 “Body art” means physical body adornment by any of
the following:
(a) Body piercing;
(b) Branding; or
(c) Tattooing, including cosmetic tattoos.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.07 “Body piercing” means “body piercing” as
defined in RSA 314-A:1, I, namely, “the creation of an opening in human tissue,
except piercing of the ear lobe, through which jewelry or other items are
inserted.”
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.08 “Branding” means “branding” as defined in RSA
314-A:1, II, namely, “a permanent mark made on human tissue by burning with a
hot iron or other instrument, excluding laser burning.”
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.09 “Clean” means to be free from dirt, stains,
impurities, and
foreign matter.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.10 “Client” means any individual accepted for
body art services.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc
602.11 “Cosmetic tattoo” means any
process using a needle, scalpel, or bladed instrument to cut, inject
underneath, or otherwise abrade the surface of the skin for the purposes of
replicating makeup or cosmetics, with or without pigment. The term includes “permanent makeup” and “micropigmentation”.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.12 “Establishment” means a location at which a
licensed practitioner maintains a regular place of business for practicing body
art.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 602.13 “Infectious waste” means any:
(a) Liquid or semi-liquid blood;
(b) Items contaminated with blood that could release
the blood in
a liquid or semi-liquid state if compressed;
(c) Items that are caked with dried blood and are capable of releasing the blood during handling; or
(d) Sharps that have been used or are otherwise
contaminated.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.14 “Initial license” means the first body art practitioner
license an individual receives from the OPLC pursuant to RSA 314-A:2. The term does not include an apprentice
license issued pursuant to RSA 314-A:3.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.15 “Legal guardian” means an individual who, by
legal appointment or by the effect of a written law, has been given custody of
a minor or adult.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.16 “License specialty ” means the specific category
of services authorized by a license, such as body piercing, branding, or tattooing. The term includes “specialty ” and “body art
specialty”.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.17 “Licensee” means the individual to whom a
practitioner license
or apprentice license has been issued pursuant to RSA 314-A and Plc 600.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.18 “Microblading” means the use of a hand tool, with pigment, to replicate the appearance
of eyebrows on an individual.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 602.19 “Practitioner” means “practitioner” as
defined in RSA 314-A:1, IV, namely, “a person who practices tattooing, body
piercing, or branding”. The term
includes “body artist” but excludes “apprentice”.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.20 “Qualified supervisor” means a body art
practitioner who
has been licensed in New Hampshire pursuant to RSA 314-A:2 for a minimum of 5
years in the body art specialty(ies) being supervised, who
is responsible for the supervision and performance of an apprentice.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.21 “Spore testing” means the use of bacterial
spores
provided by, and subsequently analyzed by, an independent laboratory or other
testing facility to determine the efficacy of a sterilizing device.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
Plc 602.22 “Tattoo” means “tattoo” as defined in RSA
314-A:1, V, namely, “an indelible mark or figure fixed upon the surface of the
body by the insertion of pigment under the skin or by the production of scars.”
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)
PART Plc 603
ADVISORY BOARD
Plc
603.01 Advisory Board Members
Appointment and Qualifications.
(a) As required by RSA 314-A:14, the executive
director shall establish an advisory board of body art practitioners consisting of 3 members, who shall be
licensed body art practitioners.
(b) As
provided in RSA 314-A:14:
(1) Each member shall be appointed to a term of 3
years; and
(2) No
member shall serve more than 2 consecutive full terms.
(c) Each of the licensed body art practitioners appointed to the advisory board shall:
(1) Be
currently licensed in New Hampshire when appointed and for the duration of the
term; and
(2)
Have actively practiced in New Hampshire for at least one year
immediately preceding appointment to the advisory board.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 603.02
Advisory Board Officers.
Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from
among the advisory board members, a chair and a vice chair.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 603.03
Advisory Board Address and Contact Information.
(a) The advisory board’s offices shall be at the
offices of the OPLC, located as specified in Plc 103.03.
(b) All correspondence with the board shall be
addressed as specified in Plc 103.03(d).
(c) The telephone number of the board shall be
the number specified in Plc 103.03(e).
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
603.04 Meetings and Records of
Advisory Board.
(a) The advisory board shall meet at the call of
the advisory board chair or the executive director.
(b) Meetings of the advisory board shall be held
at the OPLC’s offices in Concord, NH, or in such location as the executive
director determines will be most convenient for the largest number of
anticipated attendees.
(c) Notice of meetings shall be provided as
required by RSA 91-A and RSA 310:5, VII.
(d) Records of the advisory board shall be
maintained by the executive director as required by RSA 91-A.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
603.05 Responsibilities of Advisory
Board.
(a) The advisory board shall have the
responsibilities listed in RSA 314-A:14.
(b) If requested by the executive director based
on a determination that the expertise of the advisory board members is needed,
one or more members of the advisory board shall sit as part of a panel for an
adjudicative hearing conducted pursuant to applicable provisions in Plc 200 and
RSA 541-A.
(c) If requested by the executive director based
on a determination that the expertise of the advisory board members is needed,
the advisory board shall assist with an investigation commenced pursuant to Plc
204 relative to complaints and investigations.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
PART Plc 604 APPRENTICESHIPS
Plc
604.01 Application for Initial Apprentice License.
(a) Any individual who
wishes to engage in the practice of body art who does not meet the practitioner
licensing requirements restated in Plc 605.01 shall apply for an apprentice
license.
(b)
Each
applicant for initial apprentice license shall apply by complying with
Plc 304.01, subject to the following:
(1) On or with the
profession-specific supplement required by Plc 304.01(a)(3), the applicant
shall provide the information and documentation required by Plc 604.02;
(2) No criminal
records check shall be required;
(3) The fee shall be the
application processing and licensing specified in Plc 1002.08, except that an applicant who is active military or a military spouse shall not pay the fee; and
(4)
If the applicant wishes to apprentice in more than one specialty of
body art, the applicant shall submit a separate application and separate application processing and licensing fee for each specialty.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.05); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.05)
Plc 604.02 Additional
Documentation Required for Initial Apprentice License Application. In addition to the documentation required by
Plc 304.04, an applicant for an
initial apprentice license shall complete and submit an “Addendum to the Universal
Application for Initial Licensure for Body Art Apprentices” dated 9/2026, and provide the following:
(a) The
applicant’s name as it appears on the “Universal Application for Initial
Licensure”; and
(b) The name, license number, mailing address,
including city, state, and zip code, and telephone number of the qualified
supervisor offering the apprenticeship
program.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.05); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.05)
Plc
604.03 Processing of Applications for
Initial License; Decisions.
(a) Within 30 days of receipt of an application
for initial license submitted pursuant to Plc 604.01, Plc 605.02, Plc 605.02, or Plc 610.07, the
licensing bureau shall process the application as provided in Plc 304.06.
(b)
The application shall be subject to the abandonment provisions of Plc
304.06(h) and the withdrawal provisions of Plc 304.07.
(c) After determining that an application is complete, the licensing bureau shall review
the application in accordance with Plc 304.08.
(d) The licensing bureau shall make
a decision and notify the applicant in accordance with Plc 304.09.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
604.04 Initial Apprentice Licenses:
Issuance and Duration. Initial
apprentice licenses shall:
(a)
Expire 2 years from the date on which the license was issued unless a
timely and complete renewal application is filed or the license is sooner:
(1)
Suspended or revoked in accordance with Plc 311 or other applicable law;
(2)
Expired or terminated pursuant to Plc 604.08; or
(3)
Replaced with a body art practitioner license that is not an apprentice
license; and
(b) Be
subject to renewal if the apprentice has not completed all requirements for
licensure as a practitioner.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 604.05 Challenging a Denial of Initial Licensure;
Challenging License Conditions. An applicant who wishes to challenge the
denial of an application for initial apprentice licensure or who wishes to
challenge any conditions included in the apprentice license shall do so as
provided in Plc 304.10.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
604.06 Apprenticeship Requirements.
(a) An apprenticeship for an initial body art
practitioner license in a single body art specialty shall consist of:
(1) A minimum of 1500 hours of training under the
supervision of a qualified supervisor;
(2) Completion of the training in a period of time no less than 12 months and no more than 24
months, unless the apprentice receives a waiver under Plc 211; and
(3) The instruction and demonstration by the qualified
supervisor of the following tasks prior to the apprentice performing the
task:
a. Setting up, breaking down, and maintaining
workstations and equipment;
b. All tasks performed on
clients;
c. Sterilization of reusable equipment and
proper use of the autoclave; and
d. Disposal
of waste products.
(b) An apprenticeship for additional body art specialty(ies) shall:
(1) Include a minimum of an additional 750 hours
training in each
additional license specialty;
(2) Be completed in no less than 6 months and no
more than 24 months; and
(3) Include the instruction and demonstration by
the qualified
supervisor of each task unique to the additional license specialty prior
to the apprentice performing the task, until the apprentice is proficient
enough to perform such tasks under supervision only.
(c) An apprentice shall practice on clients only under
the direct supervision of the qualified supervisor.
(d) Direct supervision shall mean that:
(1) The qualified supervisor is in the establishment and available
to assist the apprentice at all times when the
apprentice is practicing on a client; and
(2) The qualified supervisor is in the same room and observing at all times when the apprentice is practicing on
a client until:
a. The apprentice has completed the first 750
hours of the apprenticeship, or the first 375 hours of an apprenticeship for an additional
specialty; and
b. The qualified supervisor judges the apprentice
to be competent to practice without the qualified supervisor’s continuous observation.
(e) Each qualified supervisor shall:
(1) Supervise no more than one
apprentice at any time;
(2) Maintain
a monthly record of
the apprentice’s attendance that includes the following:
a.
The month and year of the record;
b.
The total number of hours of supervision completed; and
c.
The signatures of the apprentice and qualified supervisor; and
(3) Submit
each monthly record to the licensing bureau and provide a copy of the submitted
record to the apprentice no later than the 15th day of the month immediately
following the month the record is for.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21
(formerly Plc 401.06); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly
Plc 601.06)
Plc
604.07 Completion of Apprenticeships.
(a) Subject to (b), below, an apprentice shall
apply for a practitioner license in accordance with Plc 605.02 when the individual meets the
requirements summarized in Plc 605.01, and include with the application a
statement signed by the qualified supervisor certifying that the apprentice:
(1) Has completed the apprenticeship program,
including completing
all hours
and tasks required by Plc 604.06;
(2) Practices in a manner that demonstrates
competence in each of the following areas:
a. The obligations and
responsibilities of licensees as specified in Plc 606.01 through Plc 606.04;
b. The standards of hygiene
specified
in:
1. Plc 606.05 relative to required infection control practices;
2. Plc 606.06 relative to client-specific
hygiene requirements; and
3. Plc 606.07 relative to establishment hygiene
requirements;
c. Prohibited practices as specified in Plc
606.08;
d. Ethical conduct standards specified in Plc
606.09;
e.
Compliance with RSA 314-A and Plc 600;
f.
The proper techniques and practices for sterilization of equipment using
an autoclave, including the procedures for spore testing;
g.
The potential
adverse effects of the body art practices being performed;
h.
The contraindications of body art;
i.
Anatomy and physiology as related to body art;
j.
Skin diseases and disorders as related to body
art; and
k.
After care instructions; and
(3) For all body piercing apprentices, the
apprentice demonstrates a competence in the knowledge
of the metals and forms of jewelry used.
(b) If the qualified supervisor fails or refuses
to sign the required statement, the applicant shall submit with the application
copies of the applicant’s copies of the monthly reports and an attestation
that:
(1) The
applicant has completed the apprenticeship program as described in (a)(1),
above;
(2) The
applicant requested the qualified supervisor to sign the statement; and
(3) The
qualified supervisor either:
a. Failed to sign the statement after repeated
requests by the applicant; or
b. Refused to sign the statement or demanded
unreasonable compensation, including but not limited to money or personal or
sexual favors, prior to signing the statement.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21
(formerly Plc 401.06); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly
Plc 601.06)
Plc 604.08 Changes in Qualified Supervisor; Termination of
Apprenticeship.
(a) If a qualified supervisor terminates an
apprenticeship for
any reason, the qualified supervisor shall notify the licensing bureau and the apprentice
within 3 business days of the termination in writing that includes:
(1) The name and license number of the qualified
supervisor;
(2) The name
and license number of
the apprentice;
(3)
The name and address of the establishment where the apprenticeship is or was taking
place; and
(4)
Each reason
for the termination of the apprenticeship.
(b) An apprentice whose apprenticeship ends due
to the qualified
supervisor’s inability to continue the supervision who wishes to
continue as an apprentice shall submit a written notice of a change in qualified
supervisor to the licensing bureau that:
(1) Explains the reason(s) for the change in qualified
supervisor; and
(2) Is accompanied by a written statement signed by
another licensed body art practitioner who meets the definition of “qualified supervisor”,
by which the practitioner accepts the responsibility of continuing the supervision
of the apprentice in accordance with Plc 604.06(a).
(c) In the event that an apprentice fails to file a
notice of change in qualified supervisor as required by (b),
above, then:
(1) Any
hours worked prior to the apprentice notifying the licensing bureau of the new
qualified supervisor shall not be credited towards the total needed to complete
the apprenticeship; and
(2) The hours obtained under the prior
qualified supervisor shall be credited toward the completion of a future
apprenticeship in the same license specialty, subject to (d) through (f), below.
(d) Hours obtained under the prior qualified
supervisor shall expire if not credited to another apprenticeship within 2
years.
(e) A qualified supervisor who believes that the
hours obtained by an apprentice prior to the qualified supervisor terminating
the apprenticeship should not be credited may submit an objection in writing to
the licensing bureau that explains each reason why some or all
of the hours should not be credited.
(f) If an objection is filed under (e), above,
the OPLC shall initiate an adjudicative proceeding under Plc 200 to determine
whether the hours will be credited.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21
(formerly Plc 401.06); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly
Plc 601.06)
Plc 604.09 Application for Renewal of Apprentice
License.
(a) The licensing bureau shall notify licensed
apprentices whose license is expiring in accordance with Plc 308.03.
(b) A licensed apprentice who does not qualify for a practitioner license who wishes
to renew an apprentice license who does not receive information about renewing
from the licensing bureau shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain the necessary information.
(c) A licensed apprentice who wishes to continue
the apprenticeship shall apply by complying with Plc 308.05, subject to the
following:
(1) On or with the profession-specific supplement required by Plc
308.05(b)(2), the applicant shall provide the information and documentation
required by (d), below;
(2) The applicant shall submit
documentation of continuing education
required by Plc 606.02 ;
(3) The fee shall be the
application processing and licensing fee specified in Plc 1002.08, provided
that an applicant who is active
military or a military spouse shall not pay the fee; and
(4) If the
applicant is applying to renew as an apprentice in more than one specialty, the applicant shall submit a
separate application and application processing and licensing fee for each specialty being renewed.
(d) An applicant applying to renew as an
apprentice shall submit the following information regarding the on-going
apprenticeship(s) on the “Body
Art Apprentice Addendum to the Universal Application for License Renewal” dated
9/2026:
(1) The name of the qualified supervisor;
(2) The qualified
supervisor’s license number;
(3) The qualified
supervisor’s telephone number;
(4) The qualified
supervisor’s mailing address;
and
(5)
The applicant’s name as it appears on the “Universal Application for
License Renewal”.
(e) Applications to renew an apprentice license
shall be processed in accordance with Plc 308.09 through Plc 308.11.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
PART Plc 605 INITIAL LICENSURE
Plc 605.01
Qualifications for Licensure.
To qualify for a practitioner license, an individual shall:
(a) Have either:
(1)
Successfully completed an apprenticeship in
each specialty in which a practitioner’s
license is sought; or
(2)
Been practicing body piercing, branding, or tattooing in another
jurisdiction in compliance with the applicable statutes and rules of the
jurisdiction for not less than 3 years; and
(b) Have completed a course approved by the
executive director pursuant to Plc 609 in methods and techniques for the proper
sterilization of instruments and materials used in body piercing, branding, or
tattooing.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 605.02 Application for Initial Practitioner License.
(a) Any individual who wishes to engage in the
practice of body art shall file an application for a body artist license by complying with
Plc 304.01, subject to the following:
(1) On or with the
profession-specific supplement required by Plc 304.01(a)(3), the applicant
shall provide the information and documentation required by Plc 605.03 and Plc
605.04;
(2) No criminal
records check shall be required; and
(3) The fee shall be
the application processing and licensing fee specified in Plc 1002.08, provided that an applicant who is
active military or a military spouse shall not pay the
fee.
(b) If the applicant is requesting licensure in
more than one specialty of body art, the applicant shall submit a separate
application and application processing and licensing fee for each specialty.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.04); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.04)
Plc 605.03
Additional Information Required for Initial Application. In addition to the information required by
Plc 304.03, the applicant shall provide the following information:
(a) If qualifying based on Plc 605.01(a)(1), the
following information for each qualified supervisor who
supervised the applicant’s apprenticeship:
(1)
The name, license number, mailing address, including city, state, and
zip code, and telephone number of the qualified
supervisor;
(2)
The name, physical address, and telephone number of the
each establishment at which the apprenticeship occurred; and
(3)
The beginning date of the apprenticeship, the total number of hours of
the apprenticeship, and the end date of the apprenticeship if it is no longer
on-going; or
(b) If qualifying based on Plc 605.01(a)(2), the
following information:
(1)
The name of each jurisdiction and the name of each establishment in
which the applicant has been practicing or has practiced the body art specialty in which New Hampshire licensure is
sought;
(2)
For each establishment identified pursuant to (1), above, the following:
a. The address of the establishment;
b. If applicable, the name and daytime
telephone number of the qualified individual who supervised the applicant; and
c. The total amount of time spent working at
that establishment as a body artist or apprentice body artist.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 605.04 Additional Documentation Required for
Initial Application. In addition to
the information and documentation required by Plc 304.04, the applicant shall
submit:
(a) Proof of being 18 years old or older, in the
form of an official government identification card showing date of birth or an
official birth certificate;
(b)
Documentation of the completion of a course in sterilization as required by RSA
314-A:2, III(d)
and Plc 605.01(b); and
(c) Documentation that proves the applicant meets
the applicable
requirements for licensure specified in Plc 605.01(a) and (b).
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.04); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.04)
Plc 605.05 Initial Practitioner Licenses: Issuance
and Duration.
(a) The OPLC shall issue initial practitioner licenses in accordance with Plc 304.11.
(b) Initial practitioner licenses shall be valid
as provided in Plc 304.12.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.09); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.09)
Plc 605.06 Challenging a Denial of Initial Licensure; Challenging License Conditions. An applicant who wishes to
challenge the denial of an application for initial licensure or who wishes to
challenge conditions included in the license shall do so as provided in Plc
304.10.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.09); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.09)
PART Plc 606
LICENSEE
OBLIGATIONS AND RESPONSIBILITIES
Plc 606.01 Licensee Obligations to Notify. Each licensee shall comply with Plc 307.02 relative to required notifications, updates of contact
information, and providing information on how complaints can be filed.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
606.02 Licensee Responsibilities for Renewal, Including
Continuing Education.
(a) Each licensee shall:
(1)
Know when the licensee’s license is due to expire;
(2)
Prior to applying for renewal, obtain:
a. Not less than 3 hours of continuing education
for each year of the renewal period as required by RSA 314-A:5 and (c)-(d), below, for the first body art specialty held by the licensee; and
b. An additional 3 hours of continuing education
per renewal period in each additional specialty in
which the licensee is licensed; and
(3)
File an application for renewal prior to the expiration of the current
license in accordance with Plc 607 if the licensee wishes to continue to
practice as a body artist in New Hampshire.
(b) Each licensee shall maintain documentation of
the continuing education obtained in accordance with Plc 308.04,
and shall be subject to the audit provisions of that section.
(c) Each licensee shall take one continuing
education course covering blood-borne pathogens and the prevention of disease
transmission in each 2-year renewal period.
(d) The remaining hours shall be in subject areas
that relate to the practice of body art, including but not limited to:
(1)
Basic first aid;
(2)
Cardio-pulmonary resuscitation (CPR);
(3)
Anatomy and physiology; and
(4)
Skin diseases, disorders, and conditions.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
606.03 Licensee Obligations for Compliance with Applicable Law.
(a) Each licensee shall maintain full compliance
with RSA 314-A,
Plc 300, and
Plc 600.
(b) Each licensee shall perform body art only in a
facility approved for use as a body art establishment in compliance with
applicable town or city regulations.
(c) Each licensee shall:
(1) Perform body art only on
individuals who present valid, government-issued identification to verify the individual’s identity; and
(2) Keep a photocopy, photograph, or scan of the identification provided
or, if the client refuses to allow such photocopying, photographing, or scanning,
require and
retain a written acknowledgment signed by the client that the client’s identification
was checked.
(d) Each licensee
shall perform branding and tattooing only on individuals 18 years of age or older, as required by
RSA 314-A:8.
(e) Each licensee shall perform body
piercing of individuals under the age of 18 only in accordance with RSA 314-A:8 and
Plc 600 by:
(1) Obtaining written consent for the piercing
from the minor’s parent or legal guardian;
(2) Requiring the parent or legal guardian to
provide photographic identification to verify the identity of the parent or legal guardian;
(3) Verifying evidence of the relationship of
the parent or legal guardian to the minor through inspection of a birth
certificate or court order;
(4) Preparing documentation that identifies the
physical location of the piercing on the minor’s body;
(5) Ensuring the minor’s parent or legal guardian
is physically present at all times during the
procedure; and
(6) Maintaining the documentation required in
(1)-(4)
above for not
less than 7 years or not less than one year past the minor’s 18th birthday, whichever is
longer.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.02)
Plc 606.04 Licensee Obligations to Clients.
(a) Each licensee shall disclose to each client
the health risks and potential adverse effects of the procedure prior to
beginning any
procedure.
(b) Each licensee shall provide written
and oral aftercare
instructions applicable to the body art performed to each client, including but not limited
to:
(1) Bandaging instructions;
(2) Skin care instructions;
(3) Appropriate clothing to wear during healing;
(4) Acceptable levels of exposure to ultra-violet
light;
(5) Acceptable types of exposure to chlorinated
and salt water;
(6) Appropriate use of skin care products; and
(7) Written guidelines regarding when to seek
medical treatment if necessary.
(c) No licensee shall accept as a client
any individual who appears to be under the influence of any substance described in (f), below.
(d) No licensee shall allow in a workspace
where body art is being performed, the consumption by any practitioner,
apprentice, client, or visitor of any substance described in (f), below.
(e) No licensee shall perform any body
art while under the influence of any substance described in (f), below.
(f) Substances prohibited by (c) through (e),
above, shall be any chemical substance, natural or synthetic, in an amount that
impairs a licensee’s ability to practice body art or that impairs an
individual’s decision-making ability, including but not limited to intoxicating beverages,
controlled drugs,
prescription drugs, over-the-counter drugs, and any herbal or other naturally psychoactive
substances.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.02); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.02)
Plc
606.05 Required Infection Control Practices. Each licensee shall use the following
infection control practices:
(a) The proper coverage of open wounds on the
licensee at all times by an impermeable, tight-fitting
bandage;
(b) The proper handling of infectious waste as
required by Env-Sw 904;
(c) The use of an autoclave for sterilizing all
instruments that
are not purchased presterilized in sterile packets and all metals to be
inserted by body piercers that is:
(1) Operated
and maintained in accordance with the manufacturer’s requirements; and
(2)
Subjected
to spore testing not less frequently than once each month, with spore test records being retained
for not less
than 7 years;
(d) The storage of all instruments that have been
sterilized pursuant to (c), above, in sterile packets and in a rigid
case or storage cabinet while not in use;
(f) The proper disposal of used needles in a
sharps container that:
(1) Is puncture-resistant and leak-proof;
(2) Can be closed for handling,
storage, transportation, and disposal; and
(3) Is labeled with the international
biohazard symbol; and
(g) The prohibition of eating, drinking, the use
of tobacco of any form, the use of vaping equipment of any kind, and the
application of cosmetics by any individual present in the room while body art
is performed.
Source. (See Revision Note at chapter
heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly
Plc 402.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.03)
Plc 606.06 Client-Specific
Hygiene Requirements.
(a) Prior
to performing any
service, the licensee shall:
(1) Wash the licensee’s hands with soap for a minimum
of 20 seconds;
and
(2) Dry the licensee’s hands with a disposable towel.
(b) The licensee shall use new, single-use
needles for:
(1) The piercing of each
individual; and
(2)
The tattooing of each individual.
(c) The licensee shall use piercing guns only for
the piercing of ear lobes.
(d) The licensee shall thoroughly wash the area of
skin to be tattooed, pierced, or branded with skin-appropriate cleanser using a new
single-use sponge, gauze, or paper towel for the period of time
required or
recommended by the cleanser manufacturer’s directions.
(f) The licensee shall not use styptic pencils, alum
blocks, or other solid or liquid styptics to check the flow of blood.
(g) The licensee shall thoroughly clean
and disinfect each
service area and related equipment after each client.
(h) The licensee shall ensure that any body
piercing jewelry to be inserted into a newly-pierced area is:
(1) Made of steel, niobium, titanium,
platinum, or solid 14k or 18k nickel-free white, yellow, or rose gold;
(2) Free of nicks,
scratches, or irregular surfaces; and
(3) Sterilized prior to insertion.
Source. (See Revision Note at chapter
heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly
Plc 402.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.03)
Plc 606.07 Establishment Hygiene Requirements. The licensee shall practice in a clean
and sanitary manner including only practicing in an establishment that has:
(a) An adequate supply of potable water;
(b) Adequate lighting;
(c) Floors, walls, service tables, and chairs in work stations or sterilization areas that are non-porous;
and
(d) A toilet, a sink with hot and cold water,
soap, and single-use disposable towels located in the establishment and
accessible to the practitioner, apprentice, and client at all
times.
Source. (See Revision Note at chapter
heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly
Plc 402.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.03)
Plc
606.08 Prohibited Practices.
(a) No person shall practice body art in New
Hampshire
without holding an active New Hampshire body artist license.
(b) No person who is subject to this chapter shall:
(1) Engage
in practices that
are considered “surgery”
as defined in RSA 329:1, including but not limited to implants
under the skin and tongue splitting or forking, provided that superficial cuts or burns
within the scope of a body art license shall be allowed;
(2)
Engage
in pigmentation or tattooing of the eye-ball; or
(3)
Perform
any practice constituting body art on any animal.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.04); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.04)
Plc
606.09 Ethical Conduct Standards.
(a) Noncompliance with these ethical conduct
standards shall constitute unprofessional conduct resulting in disciplinary
proceedings pursuant to RSA 310:12 and Plc 311.
(b) A licensee shall:
(1) Comply with these
ethical conduct standards;
(2)
Comply with RSA 314-A, Plc 300, and Plc 600;
(3) Comply with any
disciplinary orders issued by the executive director, including orders
requiring the payment of fees or fines, within any time period
specified;
(4)
Deal with colleagues and clients with honesty and integrity;
(5)
Maintain shop premises in a sanitary and hygienic manner;
(6)
Not perform any service that is outside the scope of practice for the
license that the
licensee holds;
(7)
Not misrepresent professional qualifications or credentials;
(8)
Not aid or abet, directly or indirectly, the practice of any person who
is not duly licensed;
(9)
Not advertise claims that are misleading, untrue,
or insupportable by fact;
(10)
Use industry-appropriate products according to manufacturer’s directions;
(11) Respond within the
time period specified to lawful inquiries from
OPLC representatives;
(12)
Maintain sexual boundaries by:
a. Refraining from any behavior that exploits
the practitioner-client or practitioner-apprentice relationship in a sexual way;
and
b. Avoiding any behavior that is sexual or
sexually demeaning, or could be reasonably interpreted as such, even when
initiated by or consented to by a client or apprentice;
(13)
Hold confidential any information disclosed by
the client regarding medical conditions;
(14)
Not engage in hazing or sexual, verbal, or physical harassment of
apprentices, clients, co-workers, or customers;
(15)
Not discriminate based on any protected class of race, sex, sexual
orientation, or gender identity; and
(16)
Comply with all local, state, and federal labor laws.
Source. (See Revision Note at chapter
heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly
Plc 604.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 604.01)
PART Plc 607
LICENSE RENEWAL
Plc
607.01 Notification of Pending
Practitioner License Expiration.
(a) The licensing bureau shall notify licensees
of pending practitioner license expiration in accordance with Plc 308.03.
(b) A licensee who wishes to renew who does not
receive an application or information and instructions shall contact OPLC
customer support at CustomerSupport@oplc.nh.gov to obtain an application or information and
instructions.
(c) If an application for renewal
is received by the OPLC after the expiration date of the license, the license shall be expired.
(d) A body art practitioner whose
license has expired
shall not practice body art in
New Hampshire unless the license has been reinstated or a new license is
obtained as provided in (e) and (f), below.
(e) A body art practitioner whose
license has been expired for not more than one year who wishes to be
reauthorized to practice body
art shall
apply for reinstatement of the license in accordance with Plc 312.02.
(f)
A body art practitioner whose license has been expired for more than one
year who wishes to be reauthorized to practice body art shall apply for initial licensure in accordance with Plc 605.02.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
607.02 Renewal of Body Art Practitioner
License.
(a) A licensed practitioner who wishes to
maintain licensure
in New Hampshire shall apply by complying with Plc 308.05, subject to the
following:
(1) On or with the
profession-specific supplement required by Plc 308.05(b)(2), the applicant
shall provide the information and documentation
required by Plc 607.04;
(2)
Documentation of continuing education courses shall be
submitted; and
(3) The fee
shall be the application processing and licensing fee for renewal specified in Plc 1002.08, provided that an
applicant applying who is active military or a military spouse shall not pay
the fee.
(b) If the applicant is requesting licensure in
more than one specialty, the applicant shall submit a separate application and
application processing and licensing fee for each specialty.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly
Plc 402.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc
602.01)
Plc 607.03 Additional Information Required for
License Renewal Application.
(a) In addition to the information required by
Plc 308.06, the applicant for renewal of a practitioner license shall provide
the following information for each continuing education course taken by the
applicant:
(1) The name of the course;
(2) The name and address of the
course sponsor;
(3) The date(s) of the course;
(4) The number of continuing
education hours claimed for the course; and
(5) The location where the course was presented.
(b) Submission of the information shall
constitute the applicant’s attestation that the applicant has met all
continuing education requirements.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.01); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.01)
Plc
607.04 Additional Documentation
Required for License Renewal Application.
In addition to the documentation required by Plc 308.07, the applicant
for renewal of a practitioner license shall provide a copy of the course
completion certificate for each continuing education course listed pursuant to
Plc 607.03(a).
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 607.05 Processing of Renewal
Applications; Decisions.
(a)
Within 30 days of receipt
of an application for renewal submitted pursuant to Plc 604.09 or Plc 607.02, the licensing
bureau shall process the application as provided in Plc 308.09.
(b) The application shall be subject to the
abandonment and withdrawal provisions of Plc 308.10.
(c)
The licensing bureau shall review complete applications and notify the
applicant of its decision as provided in Plc 308.11
and RSA 541-A:29, II.
(d) The applicant shall be eligible for license
renewal if the applicant:
(1)
Has submitted a renewal application in accordance with Plc 604.09, or
Plc 607.02, as applicable; and
(2)
Meets the eligibility for renewal requirements of Plc 308.02.
(e) If the licensing bureau determines that the
applicant has not demonstrated that all requirements to renew a license are met, the licensing bureau shall proceed
in accordance with Plc 308.11(e)-(f).
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
607.06 Renewal Licenses: Issuance and Duration.
(a) The OPLC shall issue body art practitioner
licenses in accordance with Plc 308.13(a).
(b) Renewal licenses shall be valid as provided
in Plc 308.13(b).
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
607.07 Challenging a Denial of Registration Renewal; Challenging License Conditions. An
applicant who wishes to challenge the denial of an application for license renewal or who wishes to challenge
conditions included in the license shall do so in accordance with Plc 308.12.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
PART Plc 608
PROCEDURES; DISCIPLINARY PROCEEDINGS
Plc 608.01 Rules of Practice and Procedure.
(a) The rules in Plc 200 and Plc 311 shall
govern:
(1) The receipt of misconduct
complaints and the investigation thereof;
(2) The conduct of disciplinary
hearings and non-disciplinary remedial hearings;
(3) The imposition of license
conditions;
(4) The assessment of
administrative fines;
(5) Reciprocal discipline; and
(6) Rehearings
and appeals.
(b) The rules in Plc 200 shall govern:
(1) The conduct of all other
adjudicative and non-adjudicative proceedings;
(2) Waivers of rules;
(3) Voluntary surrender of
licenses; and
(4) Any other procedures not
included in this chapter.
Source. (See Revision Note at chapter
heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 403.01); ss by #14631,
eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 603.01)
Plc 608.02 Procedures
for Disciplinary and Non-Disciplinary Remedial Proceedings and Imposing License
Conditions. The procedures in Plc
311 shall govern disciplinary and non-disciplinary remedial proceedings and imposing
license conditions.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
608.03 Obtaining a License After Expiration, Suspension,
or Revocation.
(a) An individual whose license
has expired or been suspended or revoked shall reobtain a license in accordance
with Plc 312, subject to (b), below.
(b) The OPLC shall not issue a license to a body
artist whose license was revoked or whose application was denied based on one or more of the violations listed
in (c), below for:
(1) At least one year from the date the
revocation or denial became final, for the first offense; and
(2) At least 3 years from the date the revocation
or denial became final, for the second offense.
(c) The violations that result in the waiting periods
required by (b), above, shall be as follows:
(1) Branding or tattooing on an individual under
the age of 18
in violation of RSA 314-A:8, I;
(2) Performing body piercing on an individual under
the age of 18 without the consent of that individual’s parent or legal guardian
as required under RSA 314-A:8, II;
(3)
Performing body piercing on an individual under the age of 18 without
complying with all conditions other than consent of the parent or guardian
specified in RSA 314-A:8, III and Plc 606.03(e); and
(4)
Performing
any prohibited act described in Plc 606.08.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.07); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.07)
Plc
608.04 Rehearings and Appeals. Rehearings and
appeals shall be in accordance with RSA 310:14 and Plc 206.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
608.05 Schedule of Administrative Fines. For purposes of RSA 310:12, I-a(e) and Plc 311.12,
fines for violations of RSA 314-A and Plc 600 shall be imposed in accordance with
the following schedule:
(a) For knowingly making any false statement or
providing false information on any body artist application,
the fine shall be $2,000;
(b) For falsification of a license to practice
body art, the fine shall be $2,000;
(c) For advertising body art services in New
Hampshire without a New Hampshire body art license, the fine shall be $2,000 per advertisement;
(d) For practicing body art in New Hampshire
without a New Hampshire body art license, the fine shall be $2,000 per client
served;
(e) For failure of a qualified supervisor to properly
supervise an apprentice, the fine shall be $500 per failure that had the potential to harm
any individual;
(f) For willfully failing to cooperate during an
investigation, the fine shall be $2,000;
(g) For performing branding or tattooing on an individual under
the age of 18, the fine shall be $2000 per underaged individual, per branding or tattoo;
(h) For performing body piercing on an individual under
the age of 18 without the consent of that individual's parent or legal guardian
as required by
RSA 314-A:8 and Plc 606.03(e), the fine shall be $2,000;
(i) For performing any act prohibited by RSA
314-A:7, I or III or by Plc 606.08, the fine shall be $2,000; and
(j) For performing body art in a location that
has not been approved for use as a body art establishment in accordance with
Plc 606.03(b),
the fine shall be $300 per day that clients are served in the unapproved location, to a
maximum of $2,000.
Source. (See Revision Note #1 at
chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.08); ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.08)
PART Plc 609
APPROVED COURSES FOR PROPER STERILIZATION OF INSTRUMENTS AND MATERIALS
Plc
609.01 Purpose. The purpose of this part is to implement RSA
314-A:2, III(d) by:
(a) Identifying courses that are deemed approved
by the executive director in methods and techniques for the proper
sterilization of instruments and materials used in body piercing, branding, or
tattooing; and
(b) Establishing a process by which licensees can
request approval of alternate courses.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
609.02 Approved Courses. The following courses are deemed approved:
(a) “Bloodborne Pathogens for Tattoo Artists
& Piercers (All States – Except CA, FL, MN)” offered by Biologix
Solutions, LLC, available at https://blxtraining.com/course/bloodborne-pathogens-for-tattoo-artists-piercers/; and
(b) Any course that meets the requirements of
OSHA’s Bloodborne Pathogens Standard, 29 CFR 1910.1030, for tattoo artists and
piercers that is offered by:
(1) A
NH-licensed health care facility;
(2) A
college or post-secondary technical institution accredited by a regional or
professional accrediting agency recognized by the U.S. Secretary of Education;
or
(3) A
professional association such as the Alliance of Professional Tattooists (APT),
which can be contacted at https://safe-tattoos.com/, or the Association of Professional Piercers (APP), which can be
contacted at https://safepiercing.org.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc
609.03 Requests for Approval of Other Courses.
(a) A
licensee who has obtained, or would like to obtain, training in bloodborne
pathogens that is not covered by Plc 609.02 may
request a waiver under Plc 211 to allow the alternative training to be
accepted.
(b) The executive director shall grant the
requested waiver if the licensee demonstrates that the training:
(1) Meets the requirements of OSHA’s Bloodborne Pathogens Standard, 29 CFR 1910.1030, for tattoo
artists and piercers;
(2) Is or was not less than 3 hours in length for
an initial course or not less than 2 hours in length for a refresher course;
and
(3) Will be or was taught by a licensed health
care or body art professional who:
a. Has
practiced under a body art practitioner license for not less than 5 years;
b. Has
not less than 3 years of experience in teaching the specific course being
offered, as documented by materials prepared for the prior course(s) by the
individual or advertising or other informational material for the prior
course(s) showing the individual as the instructor, or both; and
c. Has
not been subject to any disciplinary action(s) in the past 5 years relating to
sanitary practices.
Source.
#14631, eff 9-21-26, EXPIRES: 9-21-36
PART Plc 610
MICROBLADING CERTIFICATES
Plc 610.01 Purpose and Applicability.
(a)
The purpose of this part is to implement RSA 314-A:2,
IV relative to the microblading of eyebrows.
(b)
This part shall apply to any individual who is not a licensed body art
tattoo practitioner who wishes to engage in microblading.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.01)
Plc 610.02 Eligibility Requirements. To be eligible for a microblading
certificate, an individual shall be a New Hampshire licensed esthetician or
cosmetologist who has completed the following:
(a)
Training that meets the requirements of Plc 610.03; and
(b)
A course in the prevention of disease transmission and blood-borne
pathogens.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36
(formerly Plc 605.02)
Plc 610.03 Training Requirements. The training required by Plc 610.02(a) shall:
(a) Be at least 100
hours in length;
(b) Be provided by
an instructor who is accredited by one or both of the following organizations:
(1) The American Academy
of Micropigmentation (“AAM”); or
(2) The Society of Permanent
Cosmetic Professionals (“SPCP”); and
(c) Include at a minimum:
(1) Instruction in the following
areas:
a. Microblading fundamentals;
b. Color theory and design;
c. Pigment and ink;
d. Equipment including set-up
and break-down procedures;
e. Contraindications of microblading;
f. Stretching the skin;
g. Depth;
h. Infection control;
i. Disinfection procedures; and
j. Aftercare; and
(2) Completion of a minimum of one set of eyebrows on
each of 2 live models, exclusive of any model completed by the instructor, under the direct
supervision of the course instructor.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.03)
Plc 610.04 Application for Initial
Microblading Certification.
(a) Any individual who wishes to engage in the
practice of microblading who does not have a New Hampshire microblading
certificate or a body art tattoo practitioner license shall file an application
for initial microblading certificate in accordance with this section.
(b)
Each applicant for an initial microblading certificate shall apply for a
microblading certificate by complying with Plc 304.01, subject to the following:
(1) On or with the
profession-specific supplement required by Plc 308.05(b)(2), the applicant
shall provide the information and documentation required by Plc 610.05 and Plc
610.06;
(2) No
criminal records check shall be required; and
(3) The fee shall be the application
processing and licensing fee specified in Plc 1002.08, provided that
an applicant who is active military or a military
spouse shall not pay the fee.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.04)
Plc 610.05 Additional Information Required for
Initial Microblading Certificate Application. In addition to the information required by
Plc 304.03, the applicant for a microblading certificate shall provide:
(a) The number
of the applicant’s active New Hampshire esthetics or cosmetology license;
(b) Relative to the microblading training
received, the following:
(1) The
name and address of the training provider;
(2)
Whether the instructor was accredited by the American Academy of
Micropigmentation (AAM) or the Society of Permanent Cosmetic Professionals
(SPCP), or both;
(3) The date the training was completed; and
(4) The
total number of hours of instruction received; and
(c) Relative to the training in prevention of
disease transmission and blood-borne pathogens, the following:
(1) The
name of the course;
(2) The
name of the provider of the course; and
(3) The
date the course was completed.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.04)
Plc 610.06 Additional Documentation Required for
Initial Microblading Certificate Application. In addition to the documentation required by
Plc 304.04, the applicant for a microblading certificate shall provide:
(a) A
microblading training completion certificate that states the name and address
of the training provider, the organization that accredited the training
instructor, the date the training was completed, and the number of hours of
training received; and
(b)
Documentation of the completion of a course in the prevention of disease
transmission and blood borne pathogens.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.04)
Plc 610.07 Challenging a Denial of Initial
Certificate; Challenging License Conditions. An applicant
who wishes to challenge the denial of an application for initial microblading
certificate or who wishes to challenge conditions in the certificate shall so
do in accordance with Plc 304.10.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 610.08 Microblading Certification Validity; Eligibility for Renewal.
(a)
An initial or renewal microblading
certificate shall expire on the earlier of:
(1) Two years from the date
of issuance; or
(2) The expiration of the
certificate holder’s esthetics or cosmetology license.
(b)
Once issued, the validity of the microblading certificate shall depend
on the validity of the underlying esthetics or cosmetology license, such that
if the underlying esthetics or cosmetology license expires or is suspended or
revoked, the microblading certificate shall likewise expire or be suspended or
revoked, as applicable, but shall be subject to reinstatement with the
underlying license.
(c) To be eligible to renew a
microblading certificate, the holder of the certificate shall:
(1) Be a New Hampshire licensed esthetician or
cosmetologist; and
(2) Complete not less than 3 hours of continuing
education in microblading or prevention of disease transmission and blood-borne
pathogens prior to submitting an
application for renewal.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36
(formerly Plc 605.05)
Plc 610.09 Application for Renewal of
Microblading Certificate. The
holder of a microblading certificate who wishes to renew the certificate shall apply by complying
with Plc 308.05, and paying the fee for renewal as required by Plc
1002.08, provided that an applicant who is active military or a military spouse
shall not pay the fee.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)
Plc
610.10 Additional Information Required for
Microblading Certificate Renewal Application. In addition to the information required by
Plc 308.06, the applicant for a microblading certificate shall provide the number of the applicant’s active New Hampshire esthetics or cosmetology
license.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)
Plc
610.11
Additional Documentation Required for Microblading Certificate Renewal
Application. In addition to the
documentation required by Plc 308.07, the applicant for a microblading
certificate shall provide documentation of all continuing education courses , including completion of at least 3 hours of continuing
education in microblading or the prevention of disease transmission and
blood-borne pathogens.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)
Plc 610.12 Processing of Microblading
Certificate Renewal Applications; Decisions. The licensing bureau shall process and make
decisions on applications for microblading certificates in accordance with Plc
308.09 through Plc 308.11.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 610.13 Challenging a
Denial of Certificate Renewal; Challenging License Conditions. An applicant who wishes to
challenge the denial of an application for renewal of a microblading
certificate or who wishes to challenge conditions in the certificate shall so
do in accordance with Plc 308.12.
Source. #14631, eff 9-21-26, EXPIRES:
9-21-36
Plc 610.14 Obligations and
Responsibilities of Microblading Certificate Holders.
(a) A microblading certificate holder shall:
(1) Use a handheld, non-powered microblading tool
to perform services; and
(2) Not use
any
powered tool, such as a tattoo machine or tattoo pen, unless also licensed as a body art tattoo practitioner.
(b) Each microblading certificate holder shall
comply with the following:
(1) All continuing education, renewal, and
facility-related requirements that apply to the holder’s underlying cosmetology
or esthetician license;
(2) Plc 307.02 through Plc 307.05 relative to
licensee obligations;
(3) Plc 606.01 relative to licensee obligations
to notify;
(4) Plc 606.04 relative
to licensee obligations to clients;
(5) Plc 606.05 relative to required infection
control practices; and
(6) Plc 606.06 relative to client-specific
hygiene requirements.
(c) Microblading certificate holders shall
perform microblading in facilities approved for use as body art
establishments or in facilities licensed by the
board of barbering, cosmetology, and esthetics.
(d) Microblading certificate holders shall use a new, single
use microblading tool or blade insert for the microblading of each individual.
(e) Microblading certificate holders may perform microblading in the same
room as where cosmetics are being applied and where eating and drinking are allowed, but shall have a separate
workspace where the use of tobacco in any form and the use of
vaping equipment is prohibited.
(f) Notwithstanding (b)(4), above, and Plc 606.05(a), microblading certificate holders shall bandage according to standards
of the microblading industry.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.07)
Plc
610.15 Initiation of
Investigations; Disciplinary Proceedings.
Investigations and disciplinary proceedings
shall be conducted in accordance with Plc 310 and Plc 311.
Source. (See Revision Note #2 at chapter heading for
Plc 600) #13337, eff 1-27-22; ss by
#14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.08)
|
Rule |
State Statute(s) Implemented |
|
Plc 601.01 |
RSA
310:4, II(c); RSA 314-A:2 |
|
Plc 601.02 |
RSA
310:4, II(c); RSA 314-A:4 |
|
Plc 601.03 |
RSA 310:4, II(c) |
|
Plc 601.04 |
RSA
310:4, II(c); RSA 314-A:1 |
|
Plc 602 |
RSA
310:4, II(c); RSA 314-A:1 |
|
Plc 603 |
RSA 314-A:14 |
|
Plc
604 |
RSA
310:4, II(c); RSA 314-A:3 |
|
Plc 605 |
RSA
310:4, II(c); RSA 314-A:2 |
|
Plc 606 |
RSA
310:4, II(c); RSA 314-A:6, I; RSA 314-A:7-8 |
|
Plc 607 |
RSA
310:4, II(c); RSA 310:8; RSA 314-A:5 |
|
Plc
608 |
RSA 310:4, II(d); RSA 310:8-12; RSA 314-A:7;
RSA 314-A:9 |
|
Plc 609 |
RSA
310:4, II(c); RSA 314-A:2, III(d) |
|
Plc 610 |
RSA
310:4, II(c); RSA 314-A:2, IV |