CHAPTER 33. COMMERCIAL BODY ART REGULATION

§2831. Definitions

            As used in this Chapter, the following terms have the following meanings:

            (1) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

            (a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.

            (b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration; but does not for the purposes of this Chapter include piercing an ear in either of the following manners:

            (i) With a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, if the person complies with all manufacturer instructions for any apparatus used to pierce the ear and all applicable health and safety standards.

            (ii) By a cosmetologist, esthetician, qualified healthcare professional, or employee of a qualified healthcare professional if both of the following are true:

            (aa) The person utilizes piercing needles that are single-use, hollow, and made of stainless steel.

            (bb) The person complies with all manufacturer instructions for any apparatus used to pierce the ear and all applicable health and safety standards.

            (c) The application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.

            (2) "Consumer" means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter.

            (3) "Department" means the Louisiana Department of Health.

            (4) "Manager" means any individual designated by the owner to manage the daily business of a commercial body art facility.

            (5) "Operator" means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration.

            (6) "Owner" means any person who operates a commercial body art facility.

            (7) "Registrant" means any person who is registered with the department as required by provisions of this Chapter.

            (8) "State health officer" means the employee of the department who is the chief health care official of the state as provided for in R.S. 40:2.

            Acts 1999, No. 393, §1; Acts 2022, No. 196, §2.