50-48-102. Definitions. As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

Terms Used In Montana Code 50-48-102

  • Body piercing: means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. See Montana Code 50-48-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-48-102
  • Establishment: means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment. See Montana Code 50-48-102
  • Local board of health: means a county, city, city-county, or district board of health provided for in Title 50, chapter 2. See Montana Code 50-48-102
  • Local health officer: has the meaning provided in 50-1-101. See Montana Code 50-48-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Tattooing: means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. See Montana Code 50-48-102

(1)”Body piercing” means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.

(2)”Department” means the department of public health and human services provided for in 2-15-2201.

(3)”Establishment” means either a body-piercing operation, a tattooing operation, or a combination of both operations in a multiple-type establishment.

(4)”Local board of health” means a county, city, city-county, or district board of health provided for in Title 50, chapter 2.

(5)”Local health officer” has the meaning provided in 50-1-101.

(6)”Multiple-type establishment” means an operation encompassing both body piercing and tattooing on the same premises and under the same management.

(7)”Person” means an individual, partnership, corporation, association, or other entity engaged in the business of operating, owning, or offering the services of body piercing or tattooing.

(8)”Regulatory authority” means the department of public health and human services, the local board of health, the local health officer, or the local sanitarian.

(9)(a) “Tattooing” means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. The term includes imparting permanent makeup on the skin such as permanent lip coloring and permanent eyeliner.

(b)The term does not include:

(i)the practice of electrology as defined in 37-31-101; or

(ii)the use by a physician or medical professional who is licensed to practice in the state of Montana of colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical, or figurative purposes.