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 this
chapter the following the terms shall have the meanings indicated:
ANTIBACTERIAL SOLUTION
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 ART STUDIO
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.
BODY MODIFICATION
Any object inserted under the skin that is not defined by
"body piercing."
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.
OWNER
The person(s), partnership, the corporation, the association,
or group of persons who maintain and control the body art studio and
who are legally responsible for the operation of the studio.
OSHA
Occupational Safety and Health Administration.
PERMANENT MAKEUP
Adornment of the body (i.e., eyebrows, lining of eye lids,
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.
PERMIT
The authorization granted by the Department to the owner
to operate a body art studio.
SANITARY
Clean and free of agents of infection or disease.
SANITIZED
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.
STERILIZATION
Holding a reusable instrument in an autoclave in accordance
with FDA requirements.
TATTOO
To mark or color the skin by pricking in, piercing, or implanting
indelible pigments or dyes under the skin, including permanent makeup.
The Body piercing artist 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 disposed 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 dates.
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 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.
E. All infections, complications, or diseases resulting from any body
art procedure which become known to the operator shall be reported
to the Department by the operator within 24 hours.
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, 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 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.
In addition to complying with all of the requirements of this
chapter, mobile body art vehicles and operators/technicians working
from a mobile body art establishment shall also comply with all of
the following requirements:
A. Mobile body art establishments are permitted for use only at special
events, lasting 14 calendar days or less. Permits must be obtained
at least 14 days prior to the event, and no body art procedures are
to be performed prior to a permit being issued. Permit holders are
responsible for ensuring that all other local agency regulations are
complied with, such as, but not limited to, zoning and business license
requirements.
B. Body art performed pursuant to this section shall be done only from
an enclosed vehicle, such as a trailer or mobile home. No body art
procedures shall be performed outside of the enclosed vehicle.
C. The mobile body art establishment shall be maintained in a clean
and sanitary condition at all times. Doors shall be self-closing and
tight-fitting. Open windows shall have tight-fitting screens.
D. Mobile body art establishments must have approved sterilization equipment available, in accordance with all requirements of the §§
487-10 and
487-11, sanitation and sterilization procedures.
E. The mobile body art establishment shall be used only for the purpose
of performing body art procedures. No habitation or food preparation
is permitted inside the vehicle unless the body art work station is
separated by walls, floor to ceiling, from the culinary or domicile
areas.
F. The mobile body art establishment shall be equipped with equipment
washing sink and a separate handsink for the exclusive use of the
operator/technician for handwashing and preparing the client for the
body art procedures. The handsink shall be supplied with hot and cold
running water under pressure to a mixing type faucet, and liquid soap
and paper towels in dispensers. An adequate supply of potable water
shall be maintained for the mobile body art establishment at all times
during operation. The source of the water and tank storage (gallons)
of the tank(s) shall also be identified. Tuberculocidal single-use
hand wipes, approved by the Department, to augment the handwashing
requirements of this section, must be available.
G. All liquid wastes shall be stored in an adequate storage tank with
a capacity of at least 50% greater than the capacity of the on-board
potable water supply. Liquid wastes shall be disposed of at a site
approved by the Department.
H. Restroom facilities must be available within the mobile body art
establishment. A handsink must be available inside the restroom cubicle.
The handsink shall be supplied with hot and cold running water under
pressure to a mixing type faucet, liquid soap and paper towels in
dispensers. Restroom doors must be self-closing and adequate ventilation
must be available.
I. All body art operators/technicians working in a mobile body art establishment
must have an operator permit and comply with the operator requirements
of this Code.
J. No animals, except service animals of clients, shall be allowed in
the mobile body art establishment at any time.
K. Mobile body art establishments must receive an initial inspection
at a location specified by the Department prior to use to ensure compliance
with structural requirements. Additional inspections will be performed
at every event where the mobile body art establishment is scheduled
to operate.
L. All mobile body art establishment and operator's permits and
the disclosure notice must be readily seen by clients.