Section 1 — Definitions
Summary of abbreviations of terms used in these Regulations
EPA – United States Environmental Protection Agency
°F – Degrees Fahrenheit
FDA – United States Food and Drug Administration
ISDS – Individual Sewage Disposal System
NAC – Nevada Administrative Code
NRS – Nevada Revised Statutes
ppm – Parts per million
SNHD – Southern Nevada Health District
SNWA – Southern Nevada Water Authority
As used in these Regulations, unless the context otherwise requires, the following words and terms defined have the meanings ascribed to them in this document.
1.1 “Administrative Hearing Officer” defined. An Administrative Hearing Officer is the Administrator or any person designated by him to conduct a hearing relating to a citation or notice issued by the Health Authority pursuant to these Regulations.
1.2 “Adulterated cosmetic” defined. An adulterated cosmetic is any cosmetic that:
Bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;
Consists in whole or in part of any filthy, putrid, or decomposed substance;
Has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;
Has a container that is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
Is not a hair dye and it is or it bears or contains a color additive which is unsafe within the meaning of the federal act. (NRS 585.500)
[See Appendix A for the full text of Nevada Revised Statutes (NRS), Food, Drugs, and Cosmetics: Adulteration; Labels; Brands and Appendix B for Nevada Administrative Code (NAC) 585, Drugs and Cosmetics]
1.3 “Adulterated device” defined. Adulterated device means any device that
Consists in whole or in part of any filthy or decomposed substance;
Has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health;
Has a strength that differs from or quality that falls below what it purports or is represented to possess.
Deviations of the standard strength or quality set forth in the compendium do not, alone, make a device adulterated as long as those deviations are clearly stated on its label. (NRS 585.370-390)
1.4 “Adulterated drug” defined. An Adulterated drug is any drug that
Consists in whole or in part of any filthy or decomposed substance;
Has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health;
Is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or Is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the Federal Act. Is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. The determination as to strength, quality, or purity must be made in accordance with the tests or methods of assay set forth in the compendium or, in the absence of or inadequacy of those tests or methods of assay, those prescribed pursuant to the Federal Act. A drug which is defined in an official compendium shall not be deemed to be adulterated under this section because it differs from the standard of strength, quality, or purity set forth in the compendium if that difference is plainly stated on its label.
Has a strength that differs from or a purity or quality that falls below that which it purports or is represented to possess even if the drug is not listed in the official compendium.
Is a drug and any substance has been mixed or packed with it so as to reduce its quality or strength; or substituted wholly or in part for it. (NRS 585.370-390)
1.5 “Advertisement” defined. Advertisement includes all representations disseminated in any manner or by any means, other than labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. (NRS 585.030)
1.6 “Agency of jurisdiction” defined. The agency of jurisdiction is the local building department, safety authority, fire marshal, business licensing, police or other federal, state or local health agency, federal regulatory agencies, departments of agriculture, other than the Health Authority, having jurisdiction concerning construction, operation, maintenance, and public safety of a tattoo establishment.
1.7 “Apprentice” defined. An apprentice is a person who is engaged in learning the occupation of a tattoo operator in a tattoo establishment and who is registered with the Health Authority to practice tattoo application as a tattoo operator’s apprentice.
1.8 “Approved” defined. Approved means acceptable to the Health Authority based on conformance with adopted Regulations, good public health practices and recognized industry standards.
1.9 “Approved cosmetic” defined. An approved cosmetic is a cosmetic which is specifically approved by the Health Authority for its intended use within a tattoo establishment.
1.10 “Approved device” defined. An approved device is a medical or other device which is specifically approved by the Health Authority for its intended use within a tattoo establishment by a person authorized to operate the device such as a licensed medical technician.
1.11 “Approved drug” defined. An approved drug is a drug which is specifically approved by the Health Authority for its intended use by a person authorized to administer the drug within a tattoo establishment, such as a licensed medical technician.
1.12 “Biocide” defined. A biocide is a chemical agent capable of killing microorganisms.
1.13 “Body art” defined. “Body art” includes body piercing, permanent makeup, tattoo, and tattoo camouflage.
1.14 “Branding” defined. Branding is a form of extreme body modification and scarification using a super-heated metal object, chemical, or electricity to burn an image into the human body.
1.15 “Camouflage” defined. Camouflage is a method of disguising or concealing permanently blotchy or irregularly pigmented skin, acne scarring or other permanent skin irregularities by the use of blending pigments into the skin.
1.16 “Cease and Desist Order” defined. A Cease and Desist Order is a written Order issued by the Health Authority which directs the responsible person to immediately stop doing or allowing a specific action to occur at a tattoo establishment. A Cease and Desist Order does not include a direction to completely cease operating a tattoo establishment. Under certain circumstances, a Cease and Desist Order can include a timeframe to achieve compliance with the Order so long as there is not an imminent threat to public health or safety.
1.17 “Chemical skin peeling” defined. Chemical skin peeling is a method for removing the superficial layer of the skin. One or more peeling chemicals are applied to the skin resulting in destruction of the superficial part of the skin. This allows a new layer of skin lining to develop.
1.18 “Clean” defined. Clean means free of visible dirt, dust, sludge, foam, slime (including algae and fungi), bodily excretions or secretions, rust, scale, mineral deposits, accumulation of impurities, and/or other foreign material.
1.19 “Communicable disease” defined. A communicable disease is a disease which is caused by a specific infectious agent or its toxic products, and which can be transmitted, either directly or indirectly, from a reservoir of infectious agents to a susceptible host organism.
1.20 “Convenient” defined. Convenient means located on the same floor and the same wing, where applicable. The maximum convenient distance is 200 feet unless further distance has been approved in writing by the Health Authority.
1.21 “Cosmetic” defined. A cosmetic is an article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, including wigs, hairpieces and postiches; and articles intended for use as a component of any such articles. “Cosmetic” shall not include soap. (NRS 585.060)
1.22 “Cross-contamination” defined. Cross-contamination is the transfer of pathogenic microorganisms to previously sanitized or sterilized surfaces, equipment, or products.
1.23 “Cutting” defined. Cutting is a method of extreme body modification and scarification which creates scars on the skin by using a sharp object, such as a scalpel or knife, to cut into the skin. Cutting is differentiated from a method called “skin peeling” in that no tissue is removed to create the scar during the cutting method.
1.24 “Dermal punching” defined. Dermal punching is a method of creating piercings in the body, which removes a segment of tissue, as opposed to traditional piercing, which makes a half moon shaped slice in the tissue. It is generally used when large gauge jewelry insertion is desired at the time of the procedure.
1.25 “Device” defined. Device means instruments, apparatus and contrivances, including their components, parts and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or to affect the structure or any function of the body of man or other animals.
1.26 “Disinfect” defined. Disinfect means to carry out a process which kills most or significantly reduces pathogenic microorganisms.
1.27 “Disinfectant” defined. A disinfectant is an EPA-registered antimicrobial agent, such as a chemical, or heat that destroys, neutralizes, or inhibits the growth of pathogenic microorganisms. All chemical disinfectants must provide a strength equivalent to at least 100 ppm of free available chlorine at a pH of 7.0 to 7.6 in their normal use concentration.
1.28 “Disinfection” defined. Disinfection is a process that reduces the number of pathogenic microorganisms, but not necessarily bacterial spores, from inanimate objects or skin, to a level which is not harmful to health.
1.29 “Disposable article” defined. A disposable article is an item such as a disposable razor, razor blade, paper product, drape, stencil, transfer or mimeograph paper, wooden spatula, tube, container, needle, sharp, paper towel, or any other similar item which is intended or designated to be discarded after single use or after use on a single patron during one session of tattoo application.
1.30 “Drug” defined. A Drug is:
An article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;
An article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
An article, other than food, intended to affect the structure or any function of the body of man or other animals; and
An article intended for use as a component of any article specified in the above paragraphs.
1.31 “Environmental Protection Agency (EPA)-Registered” defined. Environmental Protection Agency (EPA)-Registered means any chemical or substance, including sanitizers, sterilizers, biocides, pesticides or other substances, which is registered with the United States EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) prior to their distribution and use by industry and consumers.
1.32 “Environmental surface” defined. An environmental surface is the surface of any furniture, equipment, fixtures, walls, floors, ceilings, lavatories, toilets, tables, countertops, cabinets, or similar surface which is part of a tattoo establishment.
1.33 “Equipment” defined. Equipment is any tattoo machine, tattoo gun, sterilizer, or similar item used in preparing for tattoo application, tattoo application itself, and cleanup and sterilization following tattoo application. This definition excludes disposable or single-use articles which are discarded after use.
1.34 “Extreme body modification” defined. Extreme body modification is any method, other than tattoo, permanent makeup, or body piercing methods used to alter the appearance, sensation, or function of the human body for decorative or cultural purposes. Some examples include, but are not limited to, scarification (branding, cutting, skin peeling), implantation, suspension piercing, dermal punching, single point piercing, voluntary amputation, tongue and penis splitting, and neck rings. Techniques of extreme body modification are considered medical or surgical procedures and are prohibited acts in Health Permitted tattoo, body piercing, or permanent makeup establishments.
1.35 “Foot-candle” defined. Foot-candle is a unit of measure of the intensity of light falling upon a surface, equal to one lumen per square foot and originally defined with reference to a standardized candle burning at one foot from a given surface.
1.36 “Gross incompetence” defined. Gross incompetence means a serious lack of ability or knowledge to perform one’s duty in a sanitary manner or failure to comply with these Regulations. It shall also mean any conduct which endangers public health or safety.
1.37 “Health Authority” defined. Health Authority means the officers and agents of the Board and the SNHD.
1.38 “Hot water” defined. Hot water is water that attains and maintains a temperature between 90 and 120 degrees Fahrenheit (°F). Each use of hot water in a tattoo establishment may require a more specific temperature range.
1.39 “Implantation” defined. Implantation is a form of extreme body modification where items such as shaped metal are placed under the skin to produce the outline and texture of the desired image on the surface of the skin or a protrusion from the surface of the body.
1.40 “Jewelry” defined. Jewelry is any personal ornament inserted into a pierced area, which must be made of surgical implant-grade stainless steel, solid 14 karat (k) or 18k white or yellow gold, niobium, titanium, platinum, or approved plastics and which is free of nicks, scratches, or irregular surfaces.
1.41 “Laboratory” defined. A laboratory is a place equipped for experimental study in a science or for testing and analysis.
1.42 “Linens” defined. Linens include sheets, covers, blankets, pillow cases, drapes, towels, or any other similar item used to cover a table, mat, or a patron during a tattoo procedure.
1.43 “Medical professional” defined. A medical professional is a licensed, certified, or registered provider of health care such as a physician, physician assistant, osteopathic physician, advanced practitioner of nursing, registered nurse, podiatric physician, or a licensed hospital as the employer of any such person.
1.44 “Microdermabrasion” defined. Microdermabrasion is a facial exfoliation procedure in which the skin is “sandblasted” with ultra-fine crystals of aluminum-oxide or other ingredients to remove the top layer of skin.
1.45 “Misbranded cosmetic” defined. A misbranded cosmetic is a cosmetic that
Has in any way false or misleading labeling;
Does not bear a label that has, at a minimum, the name and place of business of the manufacturer, packer, and distributor; and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count;
Has a container that is made, formed, or filled to be misleading. (NRS 585.510)
1.46 “Misbranded device” defined. A misbranded device is a device that
Has in any way false or misleading labeling (NRS 585.410);
Does not bear a label that has, at a minimum, the name and place of business of the manufacturer, packer, and distributor; and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count (NRS 585.420);
If for use by humans, contains any quantity of narcotic or hypnotic substances or any chemical derivative thereof, unless its label bears the name and quantity or proportion of such substance or derivative and, in juxtaposition therewith, the statement “Warning—May be habit forming” (NRS 585.430);
Does not have a label that bears adequate directions for use and adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods, duration, administration, or application in such manner and form as are necessary for the protection of users (NRS 585.440);
Is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof (NRS 585.470).
1.47 “Misbranded drug” defined. A misbranded drug is a drug that
Has in any way false or misleading labeling;
Does not bear a label that has, at a minimum, the name and place of business of the manufacturer, packer, and distributor; and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Labels affixed by a pharmacist are not required to include the name and place of business of the manufacturer, packer, or distributor;
If a prescription drug in its final dosage form intended for use by a human being, does not bear a label with the name and place of business of the manufacturer, and, if different, the name and place of business packer or distributor;
If for use by man, contains any quantity of narcotic or hypnotic substances or any chemical derivative thereof, unless its label bears the name and quantity or proportion of such substance or derivative and, in juxtaposition therewith, the statement “Warning—May be habit forming;”
Is not designated solely by a name recognized in an official compendium unless its label bears the common or usual name of the drug, if there is one, and in the case of a drug fabricated from two or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromide, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atrophine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein.
Does not have a label that bears adequate directions for use and adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods, duration, administration, or application in such manner and form as are necessary for the protection of users;
Is a drug and its container is so made, formed, or filled as to be misleading.
Is an imitation of another drug or is offered for sale under the name of another drug;
Is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof;
Is a drug sold at retail for use by man and contains any quantity of amidopyrine, barbituric acid, cinchophen, dinitrophenol, or sulfanilamide, unless it is sold on a written prescription signed by a member of the medical, dental, or veterinary profession who is licensed by law to administer such drug, and its label bears the name and place of business of the seller, the serial number and date of such prescription, and the name of such member of the medical, dental, or veterinary profession.
1.48 “Nuisance” defined. A nuisance is anything, which is injurious to health, or offensive to the senses, so as to interfere with the comfort or endanger the health or safety of the public as defined by NRS 202.450.
1.49 “Pathogenic” defined. “Pathogenic” means the ability to produce disease.
1.50 “Patron” defined. A patron is any person other than an employee, responsible person, tattoo operator, or visiting artist, either paying or non-paying, that uses the services of a tattoo establishment and/or with whom a tattoo operator or visiting artist has an agreement to provide tattooing services. Anyone, including an employee of the tattoo establishment who is undergoing a tattoo procedure, is considered a patron.
1.51 “Permanent makeup” defined. Permanent makeup is synonymous with cosmetic tattooing and includes the application of permanent eyeliner, eyebrows, lip liner, full lip color, repigmentation or camouflage using tattooing techniques of placing pigments under the skin.
1.52 “Permanent makeup establishment” defined. A Permanent makeup establishment is a place of business or other premises, whether or not operated for profit, where permanent makeup is applied, done, offered, sold or given whether advertising as a “parlor,” “salon,” “permanent makeup,” “cosmetic tattooing,” “body art” or other description.
1.53 “Potable water” defined. Potable water is water that is safe for human consumption.
1.54 “Public area” defined. A public area is any area open to public view, whether indoors or outdoors to which the public has approved access, excluding individual body art work stations and restrooms, at a tattoo establishment.
1.55 “Repigmentation” defined. Repigmentation is recoloration of the skin which has lost natural color as a result of burns, dermabrasion, chemical peels, removal of birthmarks, vitiligo or skin conditions which result in permanent loss of melanin from the skin; scars as a result of surgical procedures or trauma; and re-creation of an areola or nipple following mastectomy.
1.56 “Responsible person” defined. The responsible person is the individual designated by the tattoo establishment as being responsible for compliance with these Regulations.
1.57 “Restroom” defined. A restroom is a public room that contains one or more toilets and one or more lavatories.
1.58 “Sanitized” defined. Sanitized means the treatment of equipment, utensils, and surfaces using a process which has been approved by the Health Authority as being effective in destroying pathogenic microorganisms.
1.59 “Scarification” defined. Scarification is a form of extreme body modification that uses methods or techniques to produce scars on the human body for decorative purposes. Examples of scarification methods include branding, cutting, and skin peeling.
1.60 “Sewage” defined. Sewage is the water-carried human or animal waste from residences, buildings, industrial establishments, feedlots or other places, together with such ground water infiltration and surface water as may be present. The term includes the mixture of sewage with wastes or industrial wastes and gray water.
1.61 “Skin peeling” defined. Skin peeling is a technique of extreme body modification and scarification which consists of cutting on the human body the outline of a design and removing the center, thereby creating a scar where the skin was removed.
1.62 “Spore test” defined. A spore test is a bacterial endospore test designed to assess whether sterilization has actually occurred. Also known as biological spore test or biological spore monitor.
1.63 “Solid waste” defined. Solid waste is all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, and solid or semisolid commercial and industrial waste. The term does not include hazardous waste managed pursuant to NRS 459.400 to 459.600, inclusive.
1.64 “Standard Precautions” defined. Standard Precautions, formerly referred to as “Universal Precautions,” are standard procedures used by employees to prevent transmission of disease from contact with blood or other body fluids which includes the following elements: hand washing after patron contact; using gloves when touching blood, bodily fluids, secretions, excretions, and contaminated items; using mask, eye protection, and protective clothing during procedures likely to generate exposure; handling contaminated equipment and linens in a manner that prevents the transfer of microorganisms to people or equipment; proper disposal of needles and other sharp instruments and blood- and body fluid-contaminated products, practicing care when handling sharps, and using a mouthpiece barrier device or other ventilation device as an alternative to mouth-to-mouth resuscitation. (See Appendix C, Standard Precautions).
1.65 “Sterilization” defined. Sterilization means destruction of all forms of microbial life including bacterial and fungal spores.
1.66 “Suspension piercing” defined. Suspension piercing is the act of hanging the human body from or partially from hooks pierced through the flesh in various places around the body.
1.67 “Tattoo” defined. A tattoo is an indelible mark, figure or decorative design, fixed upon the body of a live human being by insertion of dyes or pigments into or under the skin.
1.68 “Tattoo camouflage” defined. Tattoo camouflage means using tattooing methods to cover up, mask, or alter an existing tattoo so that it is either rendered less noticeable or takes on a different design, thereby obliterating the original design. Flesh-colored ink is often tattooed over the design to render it less visible. Tattoo camouflage is not tattoo removal. Using tattoo methods to insert saline is considered tattoo camouflage. Tattoo camouflage is an approved act. Tattoo removal is a prohibited act.
1.69 “Tattoo establishment” defined. A tattoo establishment is a place of business or other premises, whether or not operated for profit, where tattoos are done, offered, sold or given whether advertising as a “tattoo parlor”, “tattoo salon”, “body jewelry” or other description.
1.70 “Tattoo establishment Closure Order” defined. A tattoo establishment Closure Order is a written notification to cease immediately all business operations of a tattoo establishment.
1.71 “Tattoo establishment Health Permit” defined. A tattoo establishment Health Permit is written approval by the SNHD to operate a tattoo establishment under the provisions of these Regulations. Approval is given in accordance with these Regulations and is separate from any other licensing requirements of other agencies of jurisdiction that may exist within communities or political subdivisions comprising the SNHD.
1.72 “Tattoo establishment Health Permit revocation” defined. A tattoo establishment Health Permit revocation occurs when the Health Authority permanently revokes approval to operate a tattoo establishment based on cause due to the presence of significant health and safety hazards.
1.73 “Tattoo establishment Health Permit suspension” defined. A tattoo establishment Health Permit suspension occurs when the Health Authority suspends, for an indefinite period of time, permission to operate a tattoo establishment based on cause due to the presence of significant health and safety hazards that are establishment wide or are of such severity to cause an imminent hazard to the health and safety of patrons and employees. Suspensions may lead to eventual tattoo establishment Health Permit Revocation.
1.74 “Tattoo operator” defined. A tattoo operator is a person issued a Tattoo Operator Health Card under the provisions of these Regulations set forth in Section 10 to practice tattooing.
1.75 “Tattoo Operator Health Card suspension” defined. Tattoo Operator Health Card suspension means that the individual tattoo operator to whom the Health Card was issued is not permitted to conduct any tattoo procedures while the Health Card is suspended. Suspended tattoo operators will be notified, in writing, when and under what conditions (if any) their Tattoo Operator Health Card will be reissued to them so that they may legally resume their profession.
1.76 “Tattoo removal” defined. Tattoo removal means using any method or substance to remove tattoo ink from the human body. Legitimate methods include laser treatments by a licensed medical professional. Illegitimate, unapproved methods include using chemicals such as caustics or medical devices in unapproved ways by individuals not licensed or qualified to administer such substances or procedures.
1.77 “Tattoo remover” defined. Tattoo remover is any substance sold, applied, distributed, or otherwise made available to individuals for the purpose of removing tattoo ink from the human body.
1.78 “Tattooing” defined. Tattooing is any method of placing a pigment or dye into or under the skin by the use of needles or any other instruments designed to puncture the skin.
Cosmetic tattooing includes eyeliner, eyebrows, lip liner, full lip color, repigmentation or camouflage. It is also commonly known as “permanent makeup.”
Figurative or decorative tattooing includes outlining or shading and the use of different sizes and configurations of needles to tattoo a design on a patron.
1.79 “Unregulated (unapproved) invasive body modification” defined. “Unregulated (unapproved) invasive body modification” means the act of performing branding, cutting, dermal punching, implantation, scarification, suspension piercing, or any other extreme body modification not otherwise specifically approved in these Regulations, saline injection, or tattoo removal using tattoo methods that insert any substance other than tattoo ink or an approved saline solution into or under the skin; insertion of any substance other than tattoo ink into or under the skin; use of any drug or cosmetic other than topical over-the-counter anesthetic; and/or performing any recognized medical procedure not specifically approved in these Regulations by any person other than a licensed medical professional.
1.80 “Visiting artist” defined. A visiting artist is an individual tattoo operator who does not reside or routinely operate within the jurisdiction of the Health Authority, but who may occasionally perform tattoo procedures during a limited timeframe in a designated sponsoring tattoo establishment. Such individuals must be sponsored by a tattoo establishment which holds a current Health Permit in good standing issued by the Health Authority.
Phone: (702) 759-0677
Updated on: January 4, 2019