[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 7-16-2013 by Ord. No. 34-13. Amendments noted where
applicable.]
The purpose of this chapter is to establish reasonable standards
for individuals performing tattoo and body piercing procedures and
for the facilities in which the procedures are provided. Such standards
should ensure the health and safety of all individuals performing
and receiving these services.
Unless otherwise defined by specific sections as used in these
rules and regulations, the following terms shall have the meanings
indicated:
Any EPA-approved solution used to reduce pathogenic bacterial
count on and approved for use upon human skin and includes all products
labeled accordingly.
Body piercing, body modification, and/or a tattoo.
Any permanent building or structure on a permanent foundation,
holding a valid business license and permit from the Department, wherein
a tattoo or body piercing artist performs tattooing or body piercing.
This shall not include tattoo removal.
Any object inserted under the skin that is not defined by
"body piercing."
Puncturing or penetrating the skin or mucosa utilizing a
single-use sterile needle or other sterile instrument for the purpose
of inserting jewelry or other adornment into the body for nonmedical
purposes.
Any person who performs body piercing.
The Calvert County Health Department.
The Occupational Safety and Health Administration.
The person(s), partnership, corporation, association, or
group of persons who maintains and controls the body art studio and
who is legally responsible for the operation of the studio.
Adornment of the body (i.e., eyebrows, lining of eyelids,
etc.) by placing ink or other pigment into or under the skin or mucosa
by the aid of needles or any other instrument used to puncture the
skin resulting in permanent coloration of the skin or mucosa.
The authorization granted by the Department to the owner
to operate a body art studio.
Clean and free of agents of infection or disease.
Effective antibacterial treatment by a process that provides
sufficient concentration of chemicals for enough time to reduce the
bacteria count, including pathogens, to a safe level on equipment.
Holding a reusable instrument in an autoclave in accordance
with FDA requirements.
To mark or color the skin by pricking in, piercing, or implanting
indelible pigments or dyes under the skin, including "permanent makeup."
Any person who performs tattooing.
A.
The owner shall be responsible for compliance with this chapter and
all applicable administrative rules and regulations of the Department.
B.
The owner shall certify in its application the name(s) and exact
duties of employees/artists who have been designated as being responsible
for carrying out the rules and policies adopted by the owner. The
following information shall be included: date of birth; gender; home
address; home/work phone numbers; and identification photos of all
operators/technicians.
C.
Prior to being granted a permit, each body art studio shall develop
a written statement of policies and procedures outlining the responsibilities
of management.
D.
No person under the age of 18 shall be tattooed or pierced, unless
accompanied by a parent or legal guardian who provides written consent.
Notwithstanding the foregoing, a licensed physician or osteopath or
a technician acting under the direct supervision of such licensed
physician or osteopath shall be authorized to do tattoos or piercings.
E.
Tattoo and body piercing artists shall not be under the influence
of alcohol and/or drugs while performing tattoo or body-piercing procedures.
F.
Tattoo and body piercing artists shall refuse services to any person
who, in the opinion of the tattoo or body piercing artist, is under
the influence of alcohol or drugs.
G.
No animals, except for service animals accompanying disabled persons,
shall be allowed in the body art studio.
A.
The body art studio shall be constructed, arranged, and maintained
as to provide adequately for the health and safety of its customers.
B.
The body art studio shall be constructed in a manner to allow the
customer receiving the tattoo or body piercing adequate privacy from
observers. The work area shall be separate from the waiting area and
shall be separated by a fixed and solid door, wall, or partition from
any other area, including, without limitation, the waiting area.
C.
Body art studios must have adequate ventilation. Each facility shall
have a system of adequate ventilation in accordance with the applicable
provisions of the Calvert County Building Code.
D.
Walls and ceilings of body art studios must be painted or covered
in a manner which would allow for easy and effective cleaning. Paint
or covering must be light in color.
E.
Floors of the work area of a body art studio may not be carpeted.
Surfaces shall be of a nonabsorbent material that would allow for
effective cleaning by conventional methods.
F.
A clean and sanitary toilet and hand-washing facility shall be made
accessible to customers; however, it shall be separate from the work
area.
G.
The work area shall be equipped with at least one sink and basin
providing hot and cold running potable water for the use of the artists
for washing their hands and preparing customers for tattooing/piercing.
This area shall be provided with soap and single-use towels or an
air blower for each artist.
H.
The facility shall be equipped with at least one utility sink, providing
hot and cold running water for use in cleaning reusable receptacles
and the facility.
I.
The work area shall be provided with adequate lighting. Artificial
light sources shall be provided equivalent to at least 20 footcandles
three feet off the floor.
J.
The work area shall not be used as a corridor for access to other
rooms.
K.
The body art studio shall not be allowed to occur in automobiles,
mobile, transitory or other nonfixed facilities. Such nonfixed facilities
include, but are not limited to, mobile homes, tents, recreational
vehicles, and trailers.
L.
Body art studios shall not be allowed in facilities used for human
habitation, any food service establishment, hotel room or similar
areas.
A.
Furnishings of a body art studio shall be maintained in good condition,
intact, and functional. Furnishings shall be covered in a material
that is easily cleanable and nonabsorbent. The body art studio shall
be kept clean, neat, and free of litter and rubbish.
B.
Cabinets for the storage of instruments, dyes, pigments, single-use
articles, carbon, and stencils shall be provided for each tattoo artist
and shall be maintained in a sanitary manner which protects them from
contamination.
C.
Work tables and chairs shall be provided for each tattoo/body piercing
artist.
A.
Bulk single-use articles shall be commercially packaged and handled
to protect them from contamination. These articles shall be stored
in an area separate from the toilet and utility facilities.
B.
All materials applied to the human skin shall be from single-use
containers and shall be disposed of after each use.
A.
All dyes and pigments used in tattooing shall be from an FDA-approved
source specifically providing dyes and/or pigments for the tattooing
of human skin.
B.
In preparing dyes or pigments to be used by a tattoo artist, only
nontoxic, sterile materials shall be used. Single-use or individual
portions of dyes or pigments in clean, sterilized individual containers
or single-use containers shall be used for each patron.
C.
After tattooing, the remaining unused dye or pigment in the single-use
or individual containers shall be discarded along with the container.
A.
The client and body piercing artist should have appropriate size
and quality jewelry chosen before the procedure begins.
B.
Jewelry to be used in piercing shall consist of an approved material
suitable for permanent surgical implant, such as high-quality surgical
stainless steel (316LVM series), niobium, titanium, platinum or a
dense low-porosity plastic material such as Tygon or PTFE. Copies
of the jewelry manufacturer's documentation, which verify compliance
with standards, must be available for inspection on request of the
Department. Solid 14 karat, or high, white or yellow, nickel-free
gold may be used. Purity verification must also be available for inspection
on request of the Health Officer. Appropriate jewelry has no damaged
surfaces.
C.
Ear studs or other jewelry designed for earlobe piercing are not
appropriate jewelry for other body parts and must not be used by the
body piercing artist.
A.
Prior to the start of the tattoo/body piercing procedure, the artist
should inspect his/her hands for hangnails, small cuts, sores, and
abrasions. If a cut, sore, or abrasion is detected, a bandage should
be applied for added protection before gloving. Trim fingernails to
ensure that gloves are not punctured.
B.
All jewelry, such as watches, rings, etc., should be removed prior
to the start of any procedure.
C.
Before working on each client, the fingernails and hands of the tattoo/body
piercing artist shall be thoroughly washed and scrubbed with warm
water and soap. The hands should then be dried by either an air blower
or by single-use towels prior to beginning work on each client or
when interrupted in the process. Alternatively, the artist may thoroughly
wash and scrub as noted above at the beginning of each shift, followed
by the use of an FDA-approved hand sanitizer at the beginning of each
customer contact.
D.
Single-use disposable latex or approved nonlatex examination gloves
shall be worn during the tattooing process. Gloves shall be changed
and properly disposed of each time there is an interruption in the
application of the tattoo, the gloves become torn or punctured, or
whenever their ability to function is compromised.
E.
Each artist shall wear a clean outer garment, apron or smock or use
other protective barriers as needed. These items shall be changed
after each client.
F.
Tattoo and body piercing artists who are experiencing symptoms of
illness, such as diarrhea, vomiting, fever, rash, or skin infections,
shall refrain from tattooing and body piercing activities.
G.
Adequate numbers of sterilized needles and tubes must be on hand
for each artist for the entire day and night operation.
H.
Only single-use disposable razors shall be used to shave the area
to be tattooed.
I.
Smoking and consumption of food or drink is prohibited in a body
art studio.
J.
Universal precautions are to be followed per OSHA standards and guidelines.
A.
If nondisposable equipment is used, an operational sterilizer (autoclave)
shall be provided in each body art studio.
B.
Used nondisposable instruments shall be kept in a separate puncture-resistant
container until cleaned in hot water and soap and then sterilized
by autoclaving.
C.
The following procedures should be followed during the sterilization
process:
(1)
Prior to being placed in the autoclave, all equipment shall be bagged,
labeled, dated and sealed.
(2)
Each autoclave bag may hold no more than one tube and bar.
(3)
The autoclave shall be operated according to manufacturer's
instructions and shall be made available for inspection.
(4)
Spore indicators shall be used a minimum of at least once a month,
and the results must be kept at the location for a minimum of three
years.
(5)
Certification of proper autoclave function shall be performed by
a certified laboratory at least every six months.
D.
For shaving, safety razors with a new, single-service blade for each
customer or patron shall be used.
A.
Before placing the tattoo design on the client's skin, the tattoo
artist shall treat the skin area with soap.
B.
If an acetate stencil is used by a tattoo artist for transferring
the design to the skin, it shall be thoroughly cleaned and rinsed
in a germicidal solution for at least 20 minutes and then dried with
sterile gauze or dried in the air on a sanitized surface after each
use.
C.
If a paper stencil is used by a tattoo artist for transferring the
design to the skin, it shall be single-use and disposable.
D.
All cords or hoses must be covered utilizing a disposable single-use
sheath or covering.
Body piercing artists shall:
A.
Set up equipment in front of the client.
B.
Open sealed autoclave bags containing sterile equipment in front
of the client and discard the autoclave bag.
C.
Disinfect all jewelry contaminated with only airborne pathogens (not
previously worn or contaminated) with a nonhazardous hard-surface
disinfectant approved by the EPA. All jewelry contaminated or potentially
contaminated with blood-borne pathogens (previously worn by another
person) should be autoclaved, stored in sterile indicator bags, sealed
and dated.
D.
All needles used in piercing shall be sterile, used only on one person,
at one sitting, for a single piercing, and immediately dispose of
in a medical sharps container.
E.
Presterilize all forceps, tubes, etc., in sealed, dated, sterile
indicator bags. These items are to be used on one person, in one sitting.
After one such use, they must be autoclaved and stored in sterile
indicator bags, sealed and dated.
After tattoo/body piercing application:
A.
The completed work shall be washed with a single-use towel saturated
with a cleansing solution.
B.
After the area has dried, apply a layer of antibacterial ointment
from a single-use dispenser or applicator.
C.
A bandage or cover shall then be applied to the tattoo using sealed
pads.
D.
Verbal and written instructions, approved by the Department for the
care of the body art procedure site, shall be provided to each client
by the tattoo or body piercing artist upon completion of the procedure.
The written instructions shall advise the client to consult a physician
at the first sign of infection and shall contain the name, address
and phone number of the establishment. These documents shall be signed
and dated by both parties, with a copy given to the client and the
tattoo or body piercing artist retaining the original with all other
required records. The facility shall also post in public view the
name, address and phone number of the Department and the procedure
for filing a complaint. The notice for filing a complaint shall be
included in the establishment application packet.
Each body art studio must be kept in a clean and sanitary condition.
The owner must develop and implement a cleaning schedule that includes
appropriate methods of decontamination and tasks or procedures to
be performed. This written schedule must be based on the location
within the studio, the type of surfaces to be cleaned, the type of
possible contamination present, the tasks or procedures to be performed,
and their location within the body art studio. The following procedures
should be adhered to:
A.
Clean and sanitize all equipment and work surfaces with an EPA-approved
sanitizer after completion of tattoo/body piercing procedures and
at the end of the work shift when surfaces have become contaminated
since the last cleaning.
B.
Remove and replace protective coverings such as plastic wrap and
aluminum foil after each tattoo procedure.
C.
Inspect and sanitize, on a daily basis, reusable receptacles such
as bins, pails, and cans that have a likelihood for becoming contaminated.
When contamination is visible, clean and sanitize those receptacles
immediately, or as soon as practicable.
D.
All clean, sterilized and ready-to-use needles and instruments shall
be kept in a closed glass or metal case or storage cabinet while not
in use. Such cabinet shall be maintained in a sanitary manner at all
times.
E.
The instruments required to be sterilized shall be so used, handled
and temporarily placed during tattooing so that they will not be contaminated.
A.
Needles, razors, or other sharp instruments used during tattoo/body
piercing procedures shall be placed an approved, puncture-resistant,
closed containers immediately after use.
B.
Needles shall not be purposely bent or broken or otherwise manipulated
by hand.
C.
Containers of sharp waste shall be sent to a facility where they
are either incinerated or otherwise rendered nonhazardous in compliance
with 29 CFR Part 1920.1030, Occupational Exposure to Bloodborne Pathogens.
D.
Contaminated waste which may release liquid blood or body fluids
when compressed or may release dried blood or body fluids when handled
must be placed in an approved "red" bag, which is marked with the
international biohazard symbol. It must then be disposed of in compliance
with 29 Code of Federal Regulations Part 1910.1030, known as "Occupational
Exposure to Bloodborne Pathogens."
E.
Waste containers shall be kept closed when not in use.
F.
Disposable waste shall be handled, stored, and disposed of to minimize
direct exposure of personnel to waste materials.
G.
At least one covered waste receptacle shall be provided in each operator
area and each toilet room. Receptacles in the operator area shall
be emptied daily, and solid waste shall be removed from the premises.
All refuse containers shall be lidded, cleanable and kept clean.
A.
Persons performing the tattoo or body piercing operation shall obtain
current certification in first aid and proof of attendance at a bloodborne
pathogen training program (or equivalent), approved by the Occupational
Health and Safety Administration. Training/courses provided by professional
body art organizations/associations or by equipment manufacturers
may also be submitted for consideration.
B.
If the artist is currently in business at the time of application
for a permit, the above certification must be obtained within 60 days
from the date the permit is issued.
C.
The owner of a body art studio must maintain a file on all persons
who perform tattoo or body piercing procedures at that body art studio,
which will be available for inspection by the Department and includes
the following:
(1)
Report of hepatitis B vaccination, hepatitis B antibody testing results
or statement of contraindication to hepatitis B vaccine.
(2)
Evidence of CPR first-aid certification and completed training in
disease prevention/bloodborne pathogens.
(3)
Record of date of birth; gender; home address; home/work phone numbers;
and identification photos.
A.
For each client, all tattoo and body piercing artists shall maintain
proper records of identification, tattoos and piercings administered,
informed consent, and care instructions for a minimum of three years.
B.
Records of each client shall be prepared prior to the procedure being
performed and shall reflect the client's name and signature,
address, proof of age, date tattooed/pierced, lot number of inks used,
design, its location and the name of the artist.
C.
A statement of informed consent by the individual receiving the tattoo
or piercing or the parent or legal guardian, when appropriate, must
be maintained on file.
D.
A statement by the client attesting that he/she is not under the
influence of alcohol or drugs shall be on file.
E.
A copy of procedures signed by the client advising him/her of proper
subsequent care of the tattoo or piercing shall be maintained on file.
F.
A copy of instructions signed by the client informing him/her on
the risks involved and possible complications that might result from
the tattoo or body piercing procedure must be maintained on file.
A.
The owner of each body art studio shall submit to the Department
an application for a permit to operate under the rules and regulations.
No studio shall be operated and no tattooing or body piercing performed
without such a permit, which is current under these rules and regulations.
B.
The application for a permit shall be made on forms provided by the
Department. Each application for a permit shall be accompanied by
a floor sketch of the studio showing windows, doors, room measurements,
chairs, tables and equipment placement for clients and/or staff. For
an existing establishment, an application must be received by the
Department within 60 days upon adoption of this chapter.
C.
The permit fee shall be $200 for the initial application that is
valid through December 31 of the year in which the application was
made. Permits must be renewed annually for the fee of $160 and a shall
expire on December 31 of the year in which the application for renewal
was made.
D.
A listing of the names of all staff, including the owner, who will
be working in the studio shall be included with the application for
a permit. This listing shall include the full name of each staff person.
E.
The ownership of the body art studio shall be fully disclosed in
its application for a permit.
F.
Though an owner may hold more than one permit, each body art studio
must have a valid permit.
G.
Zoning and other local requirements regarding proper location and
establishment of body art studios shall be addressed by the applicant
with the responsible local officials.
A.
The owner of each body art studio shall obtain a valid permit from
the Department prior to beginning operation. To be eligible for a
permit, the studio must be in compliance with these rules and regulations.
B.
The permit shall be displayed in a conspicuous place on the premises.
C.
Permits are not transferable from one studio to another. Transfer
includes the change of 5% or more of the ownership interests in any
person or entity holding an interest in the body art studio.
D.
A permit shall no longer be valid and shall be returned to the Department
when the studio ceases to operate, has moved to another location,
the ownership changes, or the permit is suspended or revoked.
E.
A body art studio which fails to comply with these rules and regulations
shall be subject to the sanctions available to the Health Department
pursuant to the Maryland Annotated Code, including, but not limited
to, denial or revocation of its permit by the Department.
A.
The studio and its records shall be available for review and inspection
by properly identified representatives of the Department.
B.
A copy of the inspection report shall be displayed in a conspicuous
place on the premises and also shall be available for public inspection
at the appropriate Department wherein the studio is located.
C.
During operating hours, the Department shall have access to the facility
and the records for the purpose of enforcement of this chapter and
COMAR 10.06.01.
A.
Enforcement of these rules and regulations shall be in accordance
with law.
B.
No studio shall operate without a permit. Failure or refusal to file
an application for a permit shall constitute a violation of the law.
Any person who operates a body art studio without a permit shall be
issued an order to cease and desist operation.
C.
In addition to the revocation and suspension of any license, any
person violating any provision of this chapter shall be fined not
less than $500 nor more than $1,000 for each offense, and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
D.
The Department may refuse to grant a permit for the operation of
any body art studio that does not fulfill the minimum requirements
of these rules and regulations. The Department may revoke a permit
which has been issued and invoke other sanctions if a studio violates
any of these rules and regulations.
E.
The Department is empowered to institute appropriate proceedings
in a court of competent jurisdiction for the purpose of enjoining
violation of any applicable provision of this chapter.
