(1) Establishments that perform ear lobe piercing only by using a mechanized presterilized ear-piercing system approved by the department or its designee may be exempted from ARM 37.112.116(2), 37.112.117(2), (5), and (8) as long as:
(a) the work area in which ear lobe piercing takes place is separated enough from the other areas so that no physical contact can be reasonably expected to occur between the general public and the client or artist;
(b) a minimum of 30 foot-candles of light is provided at the level where the ear piercing is being performed. Spot lighting may be used to achieve this degree of illumination; and
(c) the artist and client must have convenient access to handwashing facilities. If the handwashing facility is not within the work room or within ten feet of the work room door, then a 70% alcohol-based hand sanitizer must be used in accordance with the U.S. Centers for Disease Control "Guideline for Hand Hygiene in Health-Care Settings" (Morbidity and Mortality Weekly Reports, 2002, Vol. 51, No. RR-16) immediately before putting on gloves and immediately after removal of the gloves. The department adopts and incorporates by reference the U.S. Centers for Disease Control "Guideline for Hand Hygiene in Health-Care Settings" (Morbidity and Mortality Weekly Reports, 2002, Vol. 51, No. RR-16). Copies of this guideline may be obtained by contacting the Montana Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951.