101.1 The purpose of these regulations is to protect the public’s health by keeping the District’s body art industry safe and sanitary.

101.2 These regulations:

1. (a) Establish minimum standards for the design, construction, operation, and maintenance of body art establishments;
2. (b) Establish minimum operational standards for sterilization, sanitation, cleaning and safety of the establishment, equipment, supplies, and work surface areas;
3. (c) Set standards for maintenance and replacement of equipment and supplies;
4. (d) Set standards for hygienic operations for personnel including vaccinations;
5. (e) Establish recordkeeping and reporting requirements;
6. (f) Establish prohibited conduct within body art establishments;
7. (g) Establish licensing and registration requirements, and associated fee schedules;
8. (h) Provide for enforcement through inspections, suspension and revocation of licenses and registrations, including the examination, embargo, or condemnation of unsanitary or unsafe jewelry, biohazard sharps containers, disposable and non-disposable equipment, single-use products, wipes, gloves, towels, ointments, inks, needles, and disinfectants;
9. (i) Establish fines and penalties; and
10. (j) Establish definitions for this subtitle.

101.3 In accordance with the Regulation of Body Artists and Body Art Establishments Act of 2012, effective October 23, 2012 (D.C. Law 19-193; D.C. Official Code § 47-2853.76a. (2015 Repl.)), these regulations do not apply to:

1. (a) A licensed physician or surgeon performing body art services for medical reasons;
2. (b) A licensed funeral director performing body-piercing or tattooing services as required by that profession;

(c) Laser tattoo removal procedures licensed by the District of Columbia Board of Medicine; or

(d) Skin treatment procedures such as chemical peels or microdermabrasion licensed by the District of Columbia Board of Medicine.

101.4 Certain provisions of these regulations are identified as critical. Critical provisions are those provisions where noncompliance may result in injuries, spread of communicable diseases, or environmental health hazards. A critical item is denoted with an asterisk (*).

101.5 Certain provisions of these regulations are identified as noncritical. Noncritical provisions are those provisions where noncompliance is less likely to spread communicable diseases or create environmental health hazards. A section that is denoted in these regulations without an asterisk (*) after the head note is a noncritical item. However, a critical item may have a provision within it that is designated as a noncritical item with a superscripted letter “N” following the provision.

SOURCE: Final Rulemaking published at 64 DCR 13496 (December 29, 2017).