Chapter 314-A: Body Art

In this chapter:

I. "Body piercing" means the creation of an opening in human tissue, except piercing of the ear lobe, through which jewelry or other items are inserted.

II. "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument, excluding laser burning.

III. "Executive director" means the executive director of the office of professional licensure and certification.

IV. "Practitioner" means a person who practices tattooing, body piercing, or branding.

V. "Tattoo" means 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.

I. It shall be unlawful for any person to practice body piercing, branding, or tattooing without a license, unless such person is exempt under RSA 314-A:4.

II. There shall be a fee for an initial license and a renewal license. The procedure and timeframe for license renewals shall be as described in RSA 310.

III. Licenses shall be issued to any person who:

(a) Makes application on a form prescribed by the executive director;

(b) Makes payment of fees required;

(c) Has been practicing body piercing, branding, or tattooing in an establishment, under the supervision of a person practicing body piercing, branding, or tattooing in compliance with the applicable statutes and rules of the state for not less than 3 years; and

(d) Has completed a course approved by the executive director in methods and techniques for the proper sterilization of instruments and materials used in body piercing, branding, or tattooing.

IV. It shall be unlawful for any person who is not licensed under this chapter to perform the microblading of eyebrows, unless such person has a current license to practice as a cosmetologist or an esthetician under RSA 313-A and has been issued a certificate for microblading eyebrows pursuant to rules adopted by the executive director.

An apprentice license shall be issued if an applicant is unable to comply with any of the provisions of RSA 314-A:2. A person shall remain an apprentice for at least one year and until the supervising licensee attests that the apprentice is qualified to become licensed.

This chapter does not apply to:

I. Any person licensed by the New Hampshire board of medicine or the office of professional licensure and certification, as applicable, for anyone acting within the scope of practice in accordance with RSA 328-D, RSA 329, or RSA 329-C.

II. A person or facility which performs only ear lobe piercing.

Renewal of licenses shall be contingent upon the licensee's completion of 3 hours of continuing education related to the practice of body piercing, branding, or tattooing during the current term of licensure, in accordance with RSA 310:8.

The executive director shall adopt rules, under RSA 541-A, relative to the practice of body piercing, branding, and tattooing and the licensure and operations of tattoo and body piercing facilities. Such rules shall include:

I. Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license to carry out the practice of tattooing or body piercing, and the manner in which records of period spore tests are to be maintained and reported. All records shall be maintained for a minimum of 7 years.

II. Procedures for granting, revoking, and reinstating a license.

III. Fines and fees.

IV. Inspection of body piercing, branding, and tattooing establishments.

V. The maintenance of records pertaining to parental consent for minors, including names, dates of birth, type of identification used, and any other evidence of parentage or guardianship.

VI. Requirements to obtain and renew a certificate for microblading eyebrows including:

(a) Application forms and approval of microblading courses.

(b) Standards of hygiene for performing microblading.

(c) Procedures for disciplinary action including suspension, limitation, or revocation of a microblading certificate.

No practitioner shall:

I. Use any piercing needle more than once, or use a tattooing needle on more than one person.

II. Fail to comply with any rule adopted pursuant to this chapter, order of the executive director, or any other provision of this chapter.

III. Hire as an employee to practice body piercing, branding, or tattooing, any person not licensed under this chapter.

I. Branding and tattooing a person under the age of 18 is prohibited.

II. Body piercing a person under the age of 18 is prohibited without consent of that person's parent or legal guardian.

III. The consent required by paragraph II of this section shall be satisfied only by the parent or legal guardian being physically present at the time the body piercing is performed and, upon presenting evidence of the person's status as parent or legal guardian, by signing a document declaring that the person is the parent or legal guardian of the minor on whom the piercing is to be performed. The consent shall indicate the location of the piercing on the minor's body. Records shall be maintained for a minimum of 7 years.

After a finding of misconduct the executive director may sanction, in accordance with RSA 310:12, any licensee under this chapter if the licensee:

I. Violates any provision of this chapter or rule or order adopted or issued under it.

II. Knowingly makes any false statement on any application or any report required by the executive director.

III. Fails to respond to any lawful inquiry of the executive director.

IV. Is under a suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.

The executive director may, in accordance with applicable law, maintain an action in the name of the state against any person, partnership, association, or corporation for practicing body piercing, marking, branding, or tattooing or operating an establishment in which these activities are conducted within the meaning of this chapter without first obtaining a license. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, practice or operate an establishment without having a license to do so, without averring any further or more particular facts concerning the same.

I. Any person who shall practice or attempt to practice body piercing, branding, or tattooing in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

II. Any person who violates any other provision of this chapter, or rules adopted pursuant to this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for a first offense. A person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, for any subsequent offense. Each day of violation after the first day of violation shall be considered a subsequent violation.

The provisions of this chapter represent minimum standards and shall not preclude any licensee from voluntarily exceeding these standards with more stringent provisions.

The executive director shall establish the advisory board of body art practitioners. The board shall consist of 3 body art practitioners who are licensees in the state of New Hampshire. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. The advisory board shall:

I. Review the qualifications and requirements of applicants for licensure.

II. Review the disinfection and sterilization requirements for licensees.

III. Review the continuing education requirements for licensees.

IV. Advise the executive director regarding the implementation of this chapter.