Sanitarian Services Print this page PrintEmail this page Email



Home
Publications
Sub-Offices
Building and Premises Program
Commercial Seafood Program
Disease Vector Control Program
Food and Drug Program
Export Certificates
Infectious Waste Program
Milk and Dairy Control Program
Onsite Wastewater Program
Parish Health Units
Retail Food Program
Events
Contact Information
Frequently Asked Questions
Links
Inquiry Form



Commercial Body Art

Contents of this area:
Commercial body art has been regulated in the state of Louisiana since 1999. Commercial body art (CBA) is defined by Part XXVIII of Title 51 of the Louisiana Administrative Code as "the practice of physical body adornment by registered establishments and operators utilizing, but not limited to, the following techniques: tattooing, cosmetic tattooing, body piercing, branding, and scarification." The definition does not include activities defined as medical procedures by a state medical board; commercial body art facilities and operators are specifically prohibited from performing such procedures. Moreover, it does not include the use of a pre-sterilized single-use stud and clasp ear-piercing system to pierce the earlobe; thus, women's accessory stores and mall kiosks that perform ear piercing are not governed under this authority.

FDU regulates commercial body art under the authority given by Part XXVIII (cited above) and LSA R.S. 40: §2833 (primarily). Each facility engaging in tattooing, body-piercing, or other CBA activities is required to be permitted in accordance with these regulations and each person performing said tasks must be registered with the state.

Presently, FDU regulators are conducting pre-operational inspections of CBA facilities, while contract workers (retired sanitarians) are responsible for conducting routine inspections and complaint investigations. Contact Sanitarian Program Manager Walter Pichon III (504-896-1379) if you have any questions regarding commercial body art.


Commercial Body Art

I am working out-of-state as a tattoo/permanent makeup artist or body piercer. What are the requirements for me to move to Louisiana and operate in an existing business?

Verify that you have current-year certificates from an approved trainer in First Aid, CPR, Bloodborne Pathogens/Disease Transmission. Download a copy of the FD-56 Application for Operator Registration (located below). Complete the application form and send the form along with copies of the training certificates and an appropriate remittance (check or money order payable to DHH--$100 for operator, $200 for manager, $300 for both).

What if I want to open my own CBA facility in Louisiana?

Complete an FD-55 Application for Facility Registration (located below), and, if appropriate, an FD-56 Application for Operator Registration for yourself. If you will be an owner and operator/manager, you are not required to pay an operator/manager fee for yourself, only the requisite owner's registration fee. If you will be hiring operators to work at the facility, ensure that they complete FD-56 applications and provide you with copies of their current training certificates in First Aid, CPR, and Bloodborne Pathogens/Disease Transmission from a DHH-approved training provider. Contact the regional FDU sanitarian who covers your parish (go here to find out which sanitarian covers the parish in which you will be operating your prospective establishment) to arrange for a preoperational inspection of the proposed facility. The sanitarian will collect your paperwork and fees during that inspection or a subsequent site vist, depending on whether the facility meets Part XXVIII requirements.

Is there some kind of fee schedule that I could see for CBA operations?

Sure, it's available on Page 309 of Part XXVIII, but here is a brief summary:

Registrant/Purpose of registration    Initial Fee    Renewal Fee
Facility owner    $1,000    $500
Operator (Artist/Piercer)    $100    $60
Manager    $200    $150

How frequently am I required to renew my training cards?

New registrations or registration renewals require that an operator or manager provide copies of documentation showing current training in the areas of First Aid, Bloodborne Pathogens and Disease Transmission, and CPR. CPR cards are good for one twelve-month period. First Aid cards are good for one thirty-six-month period. Bloodborne Pathogens and Disease Transmission cards are good for as long as the user desires to maintain a registration; in other words, it is not required to take a Bloodborne Pathogens training more than once. So, if John Doe decides he wants to register as a tattoo artist, on January 25, 2007, he would have to have documentation of the following: 1) having taken a Bloodborne Pathogens and Disease Transmission course at some point in the past; 2) having taken a First Aid class on or after January 26, 2004; and 3) having taken a CPR class on or after January 26, 2006.

If I decide to relocate my CBA business, do I pay renewal fees or is this considered a "new business"?

A facility operating at a different address from that under which it was initially registered is considered a new operation for FDU purposes. Therefore, a facility owner would have to submit a new FD-55 and fee of $1,000 at the time of re-registration. Because it is considered a new operation, prior to submitting these fees and paperwork, Sanitarian Program Manager Walter Pichon would have to review its plans to verify compliance with Part XXVIII. The relocation of a business does not affect the registration status of its employees, however. Managers and operators would send in FD-56 forms with the new address and renewal fees by the end of the current registration year.

Does the fee schedule change if I am opening a new location of my business or I have multiple locations?

No. Each new physical address is treated as a separate facility for our purposes. Therefore, the owner must go through the plans review process, submit the appropriate paperwork, and pay the requisite fees ($1,000) for each location (s)he owns in Louisiana.

What if I wish to set up a booth and participate in a Louisiana-based trade show similar to the annual Inkslinger's Ball?

To perform demonstrations or have a kiosk where commercial body art is applied at such a gathering, you must obtain a Temporary Commercial Body Art Facility Registration. This may be done by taking the following steps: 1) notify the department 30 days in advance of the event, 2) a department sanitarian will inspect the facility where the demonstrations will be peformed, which must meet the requirements of §313 of Part XXVIII, and 3) at the time of the site visit, provide an FD-55 application and $1,000 fee. Operators registering temporary facilities must have a pre-existing affiliation with a permanent facility and must be registered operators either in Louisiana or in their state or country of residence.

I am a nurse or physician's assistant and I work in a clinic which sometimes performs activities meeting the statutory definition of commercial body art. Does my facility need to be registered? Do I or my boss need to be registered?

In accordance with LSA RS 40: 2832(K), any physician operating under license from the Louisiana State Board of Medical Examiners, or anyone operating under his/her direct supervision, is not subject to these regulations.

If you are a prospective CBA facility owner or CBA operator (tattoo artist, piercer, et cetera), the following documents may be of use (all documents below are in Adobe Acrobat format; go to the Acrobat website to obtain Reader software if needed):

FD-55 Application for Commercial Body Art Facility Registration

FD-56 Application for Commercial Body Art Operator/Manager Registration

CBA Memorandum 2002-3 - Memorandum issued in 2002 clarifying the fees set forth by the Program Manager for Temporary Commercial Body Art facilities and the documents required to issue registrations to these clients

CBA Trainers List - Part XXVIII requires all CBA operators to hold current training certificates in cardio-pulmonary resuscitation (CPR), first aid, bloodborne pathogens, and disease transmission prevention. This list consists of all American Safety and Health Institute affiliates and American Red Cross chapters in Louisiana; these are the only DHH-approved trainers.

Rules for the Disposal of Biohazardous Waste Products - CBA facilities produce biohazardous ("red bag") waste, including needles, bloodstained wiping rags, et cetera. The rules above dictate how such waste may be legally eliminated. It is mandatory to follow these rules!

Part XXVIII of Title 51, L.A.C. - This Part consists of the regulations governing commercial body art and artists.

Return to main page.


Developed by
Virtual Forum
Privacy PolicyDisclaimerDHH Webmaster DHH HomeTop