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North Dakota Overhauls Body Art Regulations: New Administrative Code Effective October 2026

PP

Chief Engineer

Hermes

Journal Date

2026-10-10

Last Reviewed

2026-10-10

North Dakota’s State Department of Health has filed a complete replacement of its body art regulations, marking one of the most significant state-level regulatory updates in the United States in 2026. Effective October 1, 2026, the existing Chapter 33-41-01 titled “Tattoo and Body Art” is repealed and replaced by a comprehensive new Body Art Code under Chapter 33-41-01.1. The overhaul introduces stringent hygiene standards, specific jewelry requirements, detailed informed consent procedures, and expanded prohibitions on unsafe practices—signaling a shift toward stricter, more enforceable oversight of the state’s tattoo and piercing industry.

Key Changes in the New Body Art Code

Definitions and Scope

The new code provides expanded definitions critical for compliance. “Aftercare” now explicitly requires both verbal and written instructions specific to each procedure, including guidance on when to seek medical treatment. “Antiseptic” is clearly defined as products labeled for preventing microbial disease on skin or mucosal surfaces. Most notably, “aseptic technique” is defined as "a set of specific practices and procedures performed under controlled conditions with the goal of minimizing" microbial contamination—a foundational concept now embedded in regulatory language.

Health and Hygiene Standards

Article 33-41-01.1-02 establishes rigorous health and hygiene standards. Operators must maintain clean, sanitary premises with proper ventilation and lighting. All surfaces must be non-porous and easily cleanable. Handwashing stations with soap and disposable towels are required at every work station. The code mandates that artists perform hand hygiene before and after each procedure and after any potential contamination event (e.g., touching unsanitized surfaces, adjusting clothing, or handling waste).

Jewelry Standards and Recordkeeping

A notable addition is Article 33-41-01.1-03, which sets specific standards for body jewelry. All jewelry used for initial piercing must be made of implant-grade materials: surgical stainless steel (ASTM F138 or F136), titanium (ASTM F67 or F136), niobium, or solid 14k or higher gold. Jewelry must be polished to a smooth finish, free of nicks, scratches, or irregularities. The code requires operators to maintain records of jewelry specifications, including material grade, manufacturer, and lot numbers, for at least two years post-procedure.

Specific Regulations for Procedures

Article 33-41-01.1-04 introduces procedure-specific requirements. For tattooing and cosmetic tattooing: - All inks, dyes, and pigments must be specifically manufactured for body art procedures and used per manufacturer instructions. - Only distilled or sterile water may be used for dilution—potable water is expressly prohibited. - Diluted ink must be transferred to single-use plastic cups or caps immediately before procedure. - Upon completion, all single-use items and their contents must be discarded. For body piercing, ear-piercing stud-and-clasp systems and ear-piercing guns are restricted to use only on the outer non-cartilaginous perimeter and lobe of the ear—prohibited elsewhere on the body. Article 33-41-01.1-07 mandates a comprehensive informed consent process. Clients must receive and sign a release form detailing procedure-specific risks, aftercare requirements, and potential complications. The form must include space for clients to disclose medical conditions, medications, allergies, and pregnancy status. Operators must verify client identity via government-issued photo ID and retain signed forms for a minimum of two years.

Waste, Inspection, and Enforcement

Regulated waste (Article 33-41-01.1-11) includes contaminated single-use items, swabs, and protective barriers, which must be disposed of per state biomedical waste rules. Inspection authority (Article 33-41-01.1-17) grants the State Department of Health right to enter premises during business hours to observe practices, review records, and collect samples. Violations can trigger denial, suspension, revocation, or civil penalties under Article 33-41-01.1-16 and 18.

Why This Matters

North Dakota’s rewrite represents a significant modernization of its regulatory framework. By adopting detailed, science-based standards—particularly around aseptic technique, implant-grade jewelry, and sterile dilution practices—the state aligns with contemporary infection prevention principles advocated by organizations like the Association of Professional Piercers (APP) and the Alliance of Professional Tattooists (APT). The explicit ban on potable water for ink dilution addresses a known vector for microbial contamination, while detailed jewelry standards reduce risks of allergic reactions and tissue trauma.

The code also improves accountability. Mandatory recordkeeping of jewelry specs, client consent forms, and procedure logs creates a traceable safety net. Expanded inspection authority and clear enforcement pathways signal zero tolerance for non-compliance—a notable shift from the previous chapter’s more general language.

North Dakota Overhauls Body Art Regulations: New Administrative Code Effective October 2026
Infographic: North Dakota Overhauls Body Art Regulations: New Administrative Code Effective October 2026

FAQ

When does the new Body Art Code take effect?
The North Dakota State Department of Health’s Body Art Code (Chapter 33-41-01.1) takes effect on October 1, 2026, replacing the previous Chapter 33-41-01 entirely.

What water can be used to dilute tattoo ink under the new rules?
Only distilled water or sterile water may be used for diluting tattoo ink, dyes, or pigments—potable water is expressly prohibited to reduce microbial contamination risk.

What materials are allowed for initial body piercing jewelry?
Initial piercing jewelry must be implant-grade: surgical stainless steel (ASTM F138/F136), titanium (ASTM F67/F136), niobium, or solid 14k or higher gold, all polished to a smooth finish free of defects.

How long must studios retain client consent forms and records?
Studios must retain signed informed consent forms, client records, and jewelry specification records for a minimum of two years after the procedure date.

Can North Dakota inspectors enter tattoo and piercing studios without notice?
Yes—Article 33-41-01.1-17 grants the State Department of Health authority to enter premises during business hours to observe practices, review records, and collect samples as part of routine inspections.

What happens if a studio uses ear-piercing guns on cartilage or other body parts?
Such use is explicitly prohibited under Article 33-41-01.1-04 for body piercing, which restricts stud-and-clasp systems and guns to the outer non-cartilaginous perimeter and lobe of the ear only—use elsewhere violates the code.

References

1. North Dakota State Department of Health. (2026). North Dakota Administrative Code, Title 33, Chapter 33-41-01.1 Body Art Code. Effective October 1, 2026. ndlegis.gov/admcode/arc202610401.pdf
2. Centers for Disease Control and Prevention. (2021). Guidelines for Environmental Infection Control in Health-Care Facilities: Tattooing and Body Art Considerations. MMWR Recomm Rep 2021;70(No. RR-3):1–45.
3. U.S. Food and Drug Administration. (2024). Guidance for Industry: Insanitary Conditions in the Preparation, Packing, and Holding of Tattoo Inks and the Risk of Microbial Contamination. fda.gov/regulatory-information/search-fda-guidanc...

Mind map · North Dakota Overhauls Body Art Regulations: New Administrative Code Effective October 2026

  • ND Body Art Code Overhaul
    • Health and Hygiene Standards
      • Aseptic Technique Definition
      • Handwashing Station Mandate
      • Sanitary Non-Porous Surfaces
    • Implant-Grade Jewelry Standards
      • Approved Metallic Alloys
      • Smooth Polished Finish
      • Lot Number Recordkeeping
    • Procedure Regulations and Ink Dilution
      • Distilled Water Dilution Requirement
      • Potable Water Prohibition
      • Ear Gun Restrictions
        • Earlobe Placement Only
    • Informed Consent and Recordkeeping
      • Signed Release Form
      • Photo ID Verification
      • Two Year Record Retention
    • Enforcement and Facility Inspections
      • Unannounced Business Inspections
      • Biomedical Waste Disposal Rules
      • License Revocation Penalties
StructureProcessMaterialHazard

5 branches, 0 sources. Each branch cites the article it came from; the labels beneath it are names, not claims.

North Dakota Quiz

  1. 1. Under North Dakota's Chapter 33-41-01.1, which liquid is permitted for diluting tattoo ink, dyes, or pigments?

    • ✓ Distilled or sterile water only — The regulation explicitly mandates distilled or sterile water for dilution to prevent microbial contamination.
    • • Potable tap water — Potable water is expressly prohibited by the code due to the risk of introducing microbial contamination.
    • • Sterile saline solution — Although sterile, saline is not specified or approved by the code for ink dilution.
    • • Purified spring water — Bottled or purified spring water does not meet the sterile or distilled specification required under the new code.
  2. 2. According to Article 33-41-01.1-04, where are ear-piercing guns and stud-and-clasp systems permitted to be used?

    • ✓ Outer non-cartilaginous perimeter and lobe of the ear only — The new code restricts stud-and-clasp systems strictly to the earlobe and outer non-cartilaginous perimeter, prohibiting their use elsewhere.
    • • Any tissue on the ear, including cartilage, but nowhere else on the body — Cartilage piercings using stud-and-clasp systems or guns are explicitly prohibited under the updated regulations.
    • • Any soft tissue area of the human body that can fit within the device jaws — The code prohibits the use of ear-piercing guns on body areas outside the outer non-cartilaginous ear perimeter and lobe.
    • • Ear lobe and nostril tissue only — Nostril piercings with stud-and-clasp systems or guns are prohibited under the specified section.
  3. 3. How long must a studio maintain records of jewelry specifications, client informed consent forms, and procedure logs?

    • ✓ Minimum of two years post-procedure — The code mandates a two-year post-procedure retention period for all client consent forms, logs, and jewelry specification records.
    • • Minimum of one year post-procedure — A one-year retention period falls short of the two-year minimum required by the State Department of Health.
    • • Minimum of five years post-procedure — Five years exceeds the explicit two-year record retention requirement set forth in the code.
    • • Indefinitely for active clients and three years for inactive clients — The regulation sets a uniform two-year post-procedure retention timeline rather than varying times based on active client status.
  4. 4. What specific handwashing facility requirement is mandated by Article 33-41-01.1-02?

    • ✓ Handwashing stations with soap and disposable towels at every work station — The code requires designated handwashing facilities equipped with soap and single-use towels directly at each individual work station.
    • • At least one handwashing station within 25 feet of any procedure area — A shared station within a specific distance does not satisfy the requirement for dedicated stations at every work station.
    • • A centralized handwashing station located in the main prep room — Centralized prep room sinks do not meet the mandate requiring handwashing facilities located at each individual work station.
    • • Handwashing stations located inside every client restroom facility — Standard restroom sinks do not replace the required operator handwashing stations at each procedure work station.
  5. 5. Which standard is listed under Article 33-41-01.1-03 for titanium initial piercing jewelry?

    • ✓ Titanium certified to ASTM F67 or ASTM F136 — The new code explicitly approves ASTM F67 and ASTM F136 titanium as compliant implant-grade materials for initial piercings.
    • • Titanium certified to ASTM F138 or ASTM F316 — ASTM F138 is a surgical stainless steel standard rather than a titanium standard specified in the code.
    • • Commercial Grade 5 titanium polished to a mirror finish — Commercial grade designations without specific ASTM implant-grade certifications are not recognized under the standard.
    • • Anodized titanium alloys without documented material lot numbers — Regardless of finishing, initial piercing jewelry must meet specific ASTM standards and have traceable lot numbers recorded.
  6. 6. Under the definitions in Chapter 33-41-01.1, what must 'aftercare' include?

    • ✓ Both verbal and written instructions specific to each procedure, including guidance on when to seek medical treatment — The expanded definition of aftercare requires both verbal and written procedure-specific instructions along with explicit medical care guidance.
    • • Written instructions provided to the client prior to starting the procedure — Aftercare must include both verbal and written delivery, rather than written instructions alone prior to the service.
    • • Verbal instructions given after the procedure, supplemented by a generic online care sheet — Generic sheets do not satisfy the requirement for procedure-specific written instructions provided directly to the client.
    • • Written instructions detailing recommended commercial ointment brands and general skin care — Aftercare must be specific to the procedure performed and must include instructions regarding when to seek medical evaluation.
  7. 7. What requirement does Article 33-41-01.1-03 establish for gold used in initial piercings?

    • ✓ It must be solid 14k or higher gold — The regulations specify that any gold used for initial piercings must be solid and at least 14 karat in purity.
    • • It must be solid 10k or higher gold — Ten-karat gold does not meet the higher purity threshold mandated by the body art code.
    • • Gold-filled or gold-plated metal of at least 18k purity is acceptable — Plated or filled metals are excluded because coatings can wear off, exposing underlying unapproved metals.
    • • Any solid gold alloy polished smooth, regardless of karat rating — A minimum purity rating of 14k is strictly required for solid gold initial piercing jewelry under the code.
  8. 8. Which disclosures must be included on the client informed consent release form under Article 33-41-01.1-07?

    • ✓ Medical conditions, medications, allergies, and pregnancy status — The code mandates designated space on the consent release form for clients to disclose these specific health factors.
    • • Medical conditions, emergency contact, blood type, and primary physician — Neither blood type nor primary physician info is specified as a mandatory disclosure field on the release form.
    • • Allergies, skin type, previous body art reactions, and home address — While client identification is required, specific fields like skin type classification are not outlined in the consent form mandate.
    • • Current medications, vaccination history, communicable disease status, and insurance details — Vaccination history and insurance details are not part of the required disclosures listed in the regulation.
  9. 9. Under Article 33-41-01.1-17, what authority is granted to State Department of Health inspectors?

    • ✓ Right to enter premises during business hours to observe practices, review records, and collect samples — The inspection authority provisions explicitly allow health officials entry during operational hours for compliance monitoring.
    • • Right to enter premises only after delivering a 48-hour advance written notice — Health officials are granted direct inspection access during business hours without a requirement for advance notice.
    • • Right to inspect physical premises and records, but prohibited from collecting material samples — Collecting material samples is explicitly authorized as part of the department's inspection rights.
    • • Right to conduct inspections strictly once per calendar year — The code does not restrict health department entry to an annual frequency limit.
  10. 10. How does the new Body Art Code define 'aseptic technique'?

    • ✓ A set of specific practices and procedures performed under controlled conditions to minimize microbial contamination — The regulation defines aseptic technique through this exact goal-oriented procedural definition.
    • • The complete destruction of all microbial life using heat sterilization equipment — Complete destruction of microbial life defines sterilization, which differs from the broader procedural definition of aseptic technique.
    • • Chemical treatment of mucosal or skin surfaces using labeled antiseptic products — Applying chemical products to skin defines antiseptic use, rather than the complete set of contamination-minimizing practices.
    • • A routine sequence of swabbing equipment with high-level disinfectants before each client — Equipment swabbing alone does not encompass the full set of controlled practices defined as aseptic technique.

Extended Reference Table

8 of 8 rows

Extended reference table generated from the article and its verified research sources. Bracketed numbers jump to the matching entry in the Technical References below.

SafetyItem or Practice Category Applicable Regulatory or Material Standard Key Mandates and Practice Guidelines Source
✅Surgical Steel JewelryMaterialASTM F-138, ISO 5832-1, ISO 10993-6, ISO 10993-10, ISO 10993-11, EEC Nickel DirectiveMust be implant-grade biocompatible steel suitable for initial piercings, polished to a smooth finish free of defects. Specifications must be logged and retained for 2 years. Heavier than titanium; must be internally threaded or threadless.[4], [5], [6]
✅Titanium JewelryMaterialASTM F-136, ASTM F-1295, ASTM F-67, ISO 5832-3Suitable for initial piercings due to body compatibility, lightweight properties, and lack of nickel; can be anodized without compromising safety. Must be implant-grade or commercially pure, smooth, and free of defects, with lot numbers and specifications recorded for 2 years.[4], [5], [6]
✅Gold Body JewelryMaterial14k+ nickel-free gold, N.D. Admin. Code Section 33-41-01.1-03Must be solid 14k or higher gold, free of nickel and cadmium, alloyed for biocompatibility, and polished smooth. Plated, gold-filled, or vermeil materials are unacceptable. Must be internally threaded or threadless.[4], [5], [6]
✅Glass Body JewelryMaterial-Must be fused quartz glass, lead-free borosilicate, or lead-free soda-lime glass to ensure inertness and ability to withstand autoclave sterilization.[4]
✅Niobium JewelryMaterialN.D. Admin. Code Section 33-41-01.1-03Approved for initial piercing jewelry. Must be polished smooth without defects, with specifications maintained in records for 2 years.[6]
✅Internally Threaded JewelryEquipment Design-The post passing through skin must be smooth with threads inside the removable end, preventing sharp threads from scraping delicate tissue.[4]
✅Externally Threaded JewelleryRegulatory Prohibition-Not acceptable for professional piercing practice; all initial jewellery must be internally threaded or threadless.[5]
✅Plated JewelleryRegulatory Prohibition-Prohibited for initial piercings because plating wears off and exposes base metal to the healing wound.[5]

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About the Author

PP

Hermes

Chief Engineer, Poli International · Creator of BioFlex® body jewelry

Patrick has spent 25+ years manufacturing body jewellery and studio equipment, and is the creator of BioFlex® body jewelry. He developed a thermal process to set stones into polymer without adhesive, because the glues available for the job contain cyanoacrylates. He also registered his own maker’s mark with the Sheffield Assay Office and produced a line in 18-karat gold, platinum, titanium and surgical steel.

More about Patrick →

Last reviewed: 2026-10-10 · Published: 2026-10-10

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