1. (1) All body art procedures must take place in the work room only.
2. (2) The work room must be separated by a barrier from the waiting area. The room does not need to have complete physical separation, but it must be segregated by counters, self-closing doors, or other barriers so that clients or other employees may not enter the work room unless they open the barrier to gain access.
3. (3) The work room may not be used as a corridor for access to other rooms.

4. (4) Animals are not allowed in the establishment except for:

   1. (a) patrol dogs accompanying security or law enforcement;
   2. (b) service animals such as guide dogs; and
   3. (c) aquatic species within fish aquariums located in waiting rooms and areas outside of the work room provided that the aquatic species can survive underwater for a minimum of 48 hours.
5. (5) The work room must have a minimum of 50 foot-candles of light measured at the level where the procedure is implemented. Spot lighting may be used to achieve this degree of illumination.
6. (6) The work room must have adequate ventilation.
7. (7) Openings to the outside must be protected by such means as self-closing doors, screened or closed windows, or air currents to protect against the entrance of insects, rodents, or other animals. Screening material must not be less than 16 mesh to the inch.

8. (8) Work rooms must have at least one handwashing sink unless there is a handwashing sink outside the work room within ten feet of the work room door.

   1. (a) If any client chair is more than fifteen feet from a handwashing sink, additional sinks may be required within the work room.
   2. (b) If the handwashing sink is outside the work room, the work room door must have a two-way self-closing door. The two-way self-closing door may be a solid door, swinging café door, or curtain.
   3. (c) The handwashing sink cannot be in the same room as the toilet.
   4. (d) If controls for wrist or foot activation are not available, single service towels must be used for turning controls off after washing hands.
   5. (e) The handwashing sink must be sanitized with an EPA-certified disinfectant at least once at the beginning of each day while the establishment is in operation.
   6. (f) The handwashing sink must be provided with hot and cold running water by means of a mixing valve or combination faucet, except as provided in ARM 37.112.121(2) regarding temporary or mobile establishments.
   7. (g) Any self-dispensing, slow-closing, or metering faucet used must be designed to provide a flow of water for at least 20 seconds without the need to reactivate the faucet.
   8. (h) Steam mixing valves are prohibited.
   9. (i) Soap must be conveniently located near the handwashing sink.
   10. (j) Individual, disposable towels must be conveniently located for drying hands.

9. (9) The work room must have a sufficient number of waste receptacles for the disposal of waste materials.

   1. (a) Waste receptacles must be lined and covered. The receptacles must be cleanable, kept clean, and have self-closing lids with hands-free controls.
   2. (b) Waste receptacles in the work room must be emptied daily or more often, as needed.
   3. (c) A dedicated container for the disposal of sharps and a dedicated container for other contaminated waste must be located in the work room in accordance with ARM 37.112.137 for disposal of infectious material.
10. (10) The work room must be maintained in a clean condition.
11. (11) The floor of the work room must be constructed of smooth and impervious materials that are easily cleanable and in good condition. The floor must be wet-mopped daily.

12. (12) Except as provided in (12)(a), tobacco use, vaping, eating, and drinking are prohibited in the work room where body art preparations and procedures are performed and any location where instruments or supplies are stored or cleaned.

    1. (a) Eating and drinking is allowed when needed for first aid purposes. The use of bottled water and covered drinks is allowed. Hands must be washed and body artists must use a new pair of gloves before returning to the procedure area.

Authorizing statute(s): 50-48-103, MCA

Implementing statute(s): 50-48-103, MCA

History: NEW, 2007 MAR p. 351, Eff. 3/23/07; AMD, 2013 MAR p. 156, Eff. 2/1/13; AMD, 2025 MAR, 37-1072, Eff. 4/26/25.