[Ord. No.
7371, 10-22-2020[1]]
Any person violating, neglecting or refusing to comply with any provision of this Chapter shall, upon conviction thereof, be guilty of an ordinance violation and subject to the penalties set forth in Section 100.060 of this Code.
[Ord. No. 7371, 10-22-2020]
As used in this Chapter, the following terms shall have these
prescribed meanings;
An individual who is eighteen (18) years of age or older.
Recommended instructions specific to the body art procedure(s)
rendered, given to the client about caring for the body art and surrounding
area. These instructions shall include information about when to seek
medical treatment, if necessary.
A product that is labeled as useful in preventing diseases
caused by microorganisms present on the skin and/or on mucosal surfaces
of humans. This includes products meant to kill germs and/or labeled
as "antiseptic," "antimicrobial," "antibacterial," "microbicide,"
or "germicide," or other similar terms. These products must be in
compliance with Section 201(g)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(o)(o)).
A set of specific practices and procedures performed under
controlled conditions with the goal of minimizing contamination by
pathogens.
A device that is intended for use by a user to sterilize
products by means of pressurized steam. This device must comply with
one (1) of three (3) types of steam programs defined as B, N, and
S by standard EN 13060, ISO 17665.
A mechanical washer designed specifically for the decontamination
of instruments prior to sterilization. These devices must comply with
ISO 15883-1/2.
The ability of an object to be inserted into a person without
eliciting any undesirable local or systemic effects in that person.
Any solid or liquid waste that can present a threat of infection
to humans, including non-liquid tissue, body parts, blood, blood products,
and body fluids from humans; wastes that contain human disease-causing
agents; and discarded sharps. The following are also included:
Used, absorbent materials saturated with blood, blood products,
body fluids, or excretions/secretions contaminated with visible blood.
Also includes absorbent materials saturated with blood or blood products
that have dried.
Non-absorbent, disposable devices that have been contaminated
with blood, body fluids or, secretions/excretions visibly contaminated
with blood, but the devices have not been treated by an approved method.
Pathogenic microorganisms that are present in human blood
and can cause disease in humans. These pathogens include, but are
not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV),
and human immunodeficiency virus (HIV) [Occupational Safety and Health
Administration [OSHA] definition 29cfr 1910.1030(b)].
Body piercing, tattooing, branding, scarification, or permanent
cosmetics.
Any place or premise, whether licensed or not, public or
private, temporary or permanent, in nature or inside, for profit or
not, where the practices of body art are performed.
Any person performing body art services, whether licensed
or not. May also may be referred to as practitioner within this Chapter.
Any method of piercing the skin or mucosa to place jewelry
through the skin or mucosal surface.
The process in which a mark or marks are burned into human
skin tissue with the intention of leaving a permanent mark.
A unique numerical identifier assigned by the Chemical Abstracts
Service (CAS) to every chemical substance described in the open scientific
literature.
Any violation of this Chapter that have, combined, occurred
three (3) times within five (5) inspections.
The City of St. Peters, Missouri.
An individual upon whom a body artist performs a body art
procedure.
A document used to file with the Department a notice of injury
as a result of a body art procedure.
The presence or the reasonably anticipated presence of blood
or other potentially infectious materials on an item or surface.
See PERMANENT COSMETICS.
Those items that are likely to cause an imminent health danger
to the public and/or body artist.
A unique number that corresponds to each individual autoclave
cycle. This number is used as an identifier. It might or might not
include the date as part of the number.
The use of physical and/or chemical means to remove, inactivate,
or destroy pathogens on a surface. A surface/item is decontaminated
when there are no infectious particles, and then the surface/item
is rendered safe for handling, use, or disposal (OSHA).
The City of St. Peters Health Department.
A substance used to dilute something.
To destroy pathogenic and other kinds of microorganisms by
physical and/or chemical means. Disinfection is less lethal than sterilization
because it destroys most recognized pathogenic microorganisms; it
does not, however, necessarily destroy all microbial forms, such as
bacterial spores. Disinfection does not ensure the margin of safety
associated with sterilization processes (Centers for Disease Control
and Prevention's [CDC] Division of Oral Health).
A product that is tuberculocidal and registered by the U.S.
Environmental Protection Agency, as indicated on the label for use
in disinfection.
The Missouri Division of Professional Registration.
A stud-and-clasp ear-piercing system.
All machinery, containers, vessels, tools, devices, implements,
storage areas, and sinks that are used in conjunction with the storage
or application of body art by a body artist, or used within the sterilization/decontamination
and disinfection processes.
See BODY ART ESTABLISHMENT.
All fixtures, furniture, and other objects within a body
art establishment that are not integral to the structure of the physical
establishment (e.g., walls, windows, doors) and are not used in the
storage of body art equipment, application of body art, or its sterilization/decontamination
and disinfection processes.
Medical grade or exam grade, sterile or non-sterile, disposable,
single-use, full-hand coverings worn for protection against disease
transmission.
A person lawfully invested with the power and charged with
the obligation of taking care of managing the property and rights
of a person who, because of age, understanding, or self-control, is
considered incapable of administering his or her own affairs.
The act of cleaning one's hands for the purpose of removing
dirt, soil, or microorganisms through the use of soap, warm water,
and friction.
A sink equipped to provide water at a temperature of at least
thirty-eight degrees Celsius (38° C.) (100° F.) through a
mixing valve or combination faucet, used solely for washing hands,
arms, or prosthetics.
All substances that exposure to results or can result in
adverse effects on human health and safety under 29 CFR 1910.120 OSHA.
The person/persons designated by the City of St. Peters as
Food and Health Inspector(s) who have jurisdiction over health inspections.
These employees report directly to the Health Supervisor.
The person designated by the City of St. Peters as an authorized
representative of said City, having jurisdiction over food establishments
within said City, and to whom the Health Officers report.
Government-issued ID card with name, photo, and birthdate.
A significant threat or danger to health that is considered
to exist when there is evidence sufficient to show that a product,
practice, circumstance, or event creates a situation that requires
immediate correction.
A form signed by a client prior to a body art procedure to
confirm that he or she agrees to the procedure and is aware of any
risks that might be involved.
A careful examination, exploration, or evaluation of the
body art establishment and the body artist by the Department in compliance
with this document.
Handpieces, needles, needle bars, forceps, and other tools
that could come in contact with a client's body or could be exposed
to bodily fluids during body art procedures.
Any biocompatible object that is worn through a body piercing.
Written approval by the Department to operate a body art
establishment or to perform body art. If ear lobe piercings are performed
in a jewelry store, the store must be licensed as a body art establishment,
but the body artist who performs ear lobe piercings within the jewelry
store is exempt from body artist licensing requirements regarding
apprenticeship as identified in the Division in Title 20, Division
2267, Chapter 2, of the Code of State Regulations. Approval is given
in accordance with this Code and in addition to any other local, State,
or Federal requirements.
An individual or entity granted the license under State and
local ordinance.
Repairs and upkeep to equipment as recommended by the manufacturer.
All documents intended to state the specifics of a material
used for body jewelry. Names for these documents include but are not
limited to mill certificates, material certificates, metal composition
sheets, MSD, and material certification sheets.
An individual who is under eighteen (18) years of age.
The moisture-secreting membrane lining of all body cavities
or passages that communicates with the exterior, including but not
limited to the nose, mouth, vulva, and urethra.
Common trash or garbage that does not meet the definition
of hazardous or biomedical waste.
Those items are not likely to cause an imminent health danger
to the public and/or the practitioner.
A document detailing policies and procedures regarding the
containment, labeling, storage, and transport of biomedical waste,
in addition to detailed training for personnel of the body art establishment.
Any person, whether permitted or not, who controls any interest
in, operates, or manages a body art establishment and who is responsible
for compliance with these regulations, whether or not actually performing
body art activities.
The following human body fluids: semen, vaginal secretions,
cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid,
peritoneal fluid, amniotic fluid, saliva in dental procedures, any
body fluid that is visibly contaminated with blood, and all body fluids
in situations where it is difficult or impossible to differentiate
between body fluids;
Any unfixed tissue or organ (other than intact skin) from a
human (living or dead); and
A tattoo, whether permanent, semi-permanent, or temporary,
by someone other than a licensed physician or under the direct supervision
of a licensed physician, which includes but is not limited to eyebrows,
eyelids, lips, and other parts of the body for beauty marks, hair
imitation, lash enhancement, or areola repigmentation. This term includes
any procedures whether referred to as, but not limited to, "permanent
makeup," "microdermapigmentation," "micropigment implantation," "microblading,"
"micro-needling with the use of pigment," "dermagraphics," "cosmetic
tattooing," or any other similar procedures and for the purpose of
this Code has the same meaning as "tattoo."
Employees, body artists, contracted body artists, and agents
of the body art facility, whether or not actually performing body
art activities.
A person licensed by the State to practice medicine in all
its branches and may include other areas such as dentistry, osteopathy,
or acupuncture, depending on the rules and regulations particular
to that State.
May refer to either body artist or physician as defined within
this Chapter.
The act of performing body art.
A room, or portion of a room, or any surface of an inanimate
object that is designated to be used only to perform body art.
The area or location on the client's body selected for
the placement of body art.
Any gas that is labeled with a CAS Registry Number of 115-07-1
(this includes but is not limited to MAPP gas and methyl ethylene
gas).
Liquid or semiliquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semiliquid state if compressed;
items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling;
contaminated sharps; and pathological and microbiological wastes containing
blood or other potentially infectious materials.
An immediately reportable disease as defined in 19 CSR 20-20-020(1)(A)-(C),
as amended.
A document for any potentially harmful chemical that includes
information such as the properties of each chemical; the physical
hazards, health hazards, and environmental health hazards; protective
measures; and safety precautions for handling, storing, and transporting
the chemical [as per The Hazard Communication Standard (29 CFR 1910.1200(g))].
The process in which a mark or marks are cut into human skin
tissue with the intention of leaving a permanent mark.
Any objects that can purposely or accidentally cut or penetrate
the skin or mucosa, including but not limited to pre-sterilized, single-use
needles; scalpel blades; and razor blades.
A closable, puncture-resistant, leak-proof (on sides and
bottom) container made specifically to be a sharps container that
meets NIOSH standards and can be closed for handling, storage, transportation,
and disposal. A sharps container must be labeled with the international
biohazard symbol.
Used sharps containers are stored and disposed of by medical
waste collection or disposal services that are authorized to handle
such waste.
Products or items that are intended for one-time, one-person
use and are disposed of after use on each client, including but not
limited to cotton swabs or cotton balls, tissues or paper products,
paper or plastic cups, gauze and sanitary coverings, razors, needles,
scalpel blades, stencils, ink cups, and protective gloves.
A set of infection control practices used to prevent transmission
of diseases that can be acquired by contact with blood, body fluids,
non-intact skin (including rashes), and mucous membranes.
A medical-grade or exam-grade disposable, single-use covering
for the hands worn for protection against disease transmission. Sterile
gloves have been sterilized by the manufacturer or by following the
sterilization protocol set forth by the glove manufacturer.
Water that is purchased from the manufacturer sterile, in
a single-use container.
A state of being free from viable microorganisms [ISO 11139].
A validated process used to render a product free from viable
microorganisms [International Organization for Standardization 11139].
A room or enclosed area, set apart and used only to clean,
decontaminate, and sterilize instruments. This room must be enclosed,
not open to the public, and used only for cleaning, sterilization,
and related tasks.
The process by which a mark is burned with heated metal into
the tissue of a person.
A piercing that is installed by piercing into the skin at
the desired location and the base of the jewelry is inserted via this
same hole, which it also exits from.
The mark resulting from the act of tattooing.
Any act of placing ink or other pigment into or under the
skin or mucosa by the use of needles or any other method used to puncture
the skin, resulting in permanent or temporary colorization of the
skin or mucosa. This includes all forms of permanent cosmetics.
An electrical device that provides direct or alternating
current that is passed through a resistant metal wire electrode, generating
heat used for branding.
A device that removes debris by a process called cavitation,
in which waves of acoustic energy are propagated in aqueous solutions
to disrupt the bonds that hold particulate matter to surfaces [Guidelines
for Disinfection and Sterilization in Healthcare Facilities, 2008,
Section 445].
A machine designed to use ultraviolet germicidal irradiation
(UVGI) as a means of purifying air.
A disinfection method that uses short-wavelength ultraviolet
(UV-C) light to kill or inactivate microorganisms by destroying nucleic
acids and disrupting their DNA, leaving them unable to perform vital
cellular functions.
The act of violating or going against any Section or Subsection
of this Chapter.
The area within a procedure area where a body artist performs
body art. The workstation includes but is not limited to the client
chair or table, counter, mayo stand, instrument tray, storage drawer,
and practitioner's chair.
[Ord. No. 7371, 10-22-2020]
A.
Body Art Establishment License.
1.
It is unlawful for any person, firm, partnership, joint venture,
association, business trust, corporation, or organized group of persons
shall operate a body art establishment without a body art establishment
license issued annually from the City pursuant to this Chapter.
2.
Applications for a body art establishment license must be submitted
to the Business Licensing Department on forms provided by the Business
Licensing Department. Completed applications shall include, at a minimum,
the following:
a.
The full name of the applicant;
b.
The home address of the applicant;
c.
The address of the body art establishment subject to the license;
d.
A copy of any permit or license issued by the Division;
e.
The annual license fee set by the City for each body art establishment license as stated in the schedule provided in Section 605.013; and
f.
Such other information as may be required by the Health Supervisor.
3.
A license for a body art establishment may not be transferable
from one place, person or business entity to another.
4.
It is the responsibility of the facility owner to ensure that
all employees, contractors, and agents of the facility understand
and adhere to this Code.
5.
Any business using an ear-piercing gun or similar device must
be licensed by the City as a body art establishment.
6.
Any jewelry store which offers ear lobe piercing, as a convenience to their patrons, by using an ear-piercing gun or similar device must be licensed by the City as a body art establishment; however, their employees who perform the ear lobe piercings are exempt from body artist licensing requirements regarding apprenticeship as identified in the Division in Title 20, Division 2267, Chapter 2, of the Code of State Regulations. (See Section 615.030).
B.
Body Artist License.
1.
It is unlawful for any person to practice body art procedures
without a body artist license from the City issued annually pursuant
to this Chapter. Applications for a body artist license must be submitted
to the Business Licensing Department on forms provided by the Business
Licensing Department. Completed applications shall include, at a minimum,
the following:
a.
The full name of the applicant;
b.
The home address of the applicant;
c.
The address of the body art establishment at which the applicant
will perform procedures;
d.
A copy of any permit or license issued by the Division;
e.
The annual license fee set by the City for a body artist as stated in the schedule provided in Section 605.013; and
f.
Such other information as may be required by the Health Supervisor.
2.
The body artist license expires annually on a date identified
by the City.
3.
Application for a body artist license must be completed on a
form provided by the City.
4.
The body artist must meet all State licensing requirements as
described by the Division in Title 20, Division 2267, Chapter 2 of
the Code of State Regulations.
5.
No body artist license shall be issued unless the body artist
has demonstrated compliance with the provisions of this Section and
all other provisions of this Code.
[Ord. No. 7371, 10-22-2020]
The operator of a body art establishment and body artists shall pay an annual license fee to the City as stated in the schedule provided in Section 605.013.
[Ord. No. 7371, 10-22-2020]
If a practitioner or establishment license is renewed by the Division in compliance with the requirements of Sections 324.520 to 324.526, RSMo., as amended, the City shall renew the City-issued license for such practitioner or establishment upon the City's receipt of a completed license renewal application and the applicable license fee. License renewal applications shall be on forms provided by the Business Licensing Department and shall include thereon the information required in Sections 615.015 of this Chapter.
[Ord. No. 7371, 10-22-2020]
A.
Tattoo.
1.
Specific Considerations For Tattooing.
a.
All inks, dyes, and pigments must be specifically manufactured
for performing body art procedures.
b.
Only distilled water or sterile water dispensed from an unopened
single-use container may be used for the mixing of inks, dyes, or
pigments. Diluting with potable water is not acceptable. Such dilution
must be single-use for the individual procedure. Immediately before
a tattoo is applied, the quantity of the dye to be used must be transferred
from the dye bottle and placed into single-use plastic cups or caps.
c.
Upon completion of a tattoo, all single-use items and their
contents must be discarded.
2.
Specific Considerations For Cosmetic Tattooing.
a.
For individuals performing microblading or manual procedures,
once the needle grouping (blade) is attached to the handpiece it cannot
be removed and must be fully disposed of into the sharps container.
Any remaining equipment also must be disposed of into the sharps container.
b.
For rationale, see the NEHA policy statement on microblading.
B.
Body Piercing.
1.
Clarification Of Other Piercing Devices.
b.
Individuals who perform ear lobe piercings within a jewelry
store using ear-piercing guns; pre-sterilized single-use, stud-and-clasp
ear-piercing systems; or similar devices, exclusively, will not be
required to be licensed as body artists and therefore will not be
required to meet the licensing requirements regarding apprenticeship
as identified by the Division in Title 20, Division 2267, Chapter
2, of the Code of State Regulations.
c.
Use of ear-piercing guns is limited to the standard and upper
ear lobe.
d.
The body artist must wear sterile gloves when coming into contact
with sterile equipment during the procedure.
e.
For rationale, see the NEHA policy statement on ear-piercing
guns.
2.
Jewelry Standards.
a.
All jewelry used for initial piercings must meet the following
standards:
(1)
Any and all materials shall meet ASTM and/or ISO
standards for implantation. Examples of these include but are not
limited to:
(a)
Steel that is ASTM F138 compliant or ISO 5832-1
compliant;
(b)
Steel that is ISO 10993-6, 10993-10, and/or 10993-11
compliant;
(c)
Unalloyed titanium that is ASTM F67 or ISO 5832-2
compliant;
(d)
Alloyed titanium (Ti6A14V ELI) that is ASTM F136
compliant or ISO 5832-3 compliant;
(e)
Alloyed titanium (Ti6A17Nb ELI) that is ASTM F1295
compliant or ISO 5832-11 compliant; and
(f)
Any polymer or plastic material that is ISO 10993-6,
10993-10, and/or 10993-11 compliant and/or meets the U.S. Pharmacopeia
(USP) Class VI classification. This includes but is not limited to
polytetrafluoroethylene (PTFE) that is ASTM F754 compliant.
(2)
Solid 14 karat or higher yellow, white, or rose
gold that is nickel free and cadmium free. Gold jewelry used for initial
piercing may not be:
(3)
Solid unalloyed or alloyed platinum that is nickel
free and cadmium free.
(6)
All threaded or press-fit jewelry must have internal
tapping (no threads on exterior of posts and barbells).
(7)
For body jewelry purposes, surfaces and ends must
be smooth, free of nicks, scratches, burrs, stamps, hallmarks, and
polishing compounds.
(8)
Metals must have a consistent mirror finish on
surfaces that frequently come in contact with tissue.
(9)
All jewelry used for initial piercing on people
older than twelve (12) years must be ASTM F2999 compliant.
(10)
All jewelry used for initial piercing on people
twelve (12) and younger must be ASTM F2923 compliant.
b.
Receipts for jewelry purchased for initial piercings must:
(1)
Be retained for a minimum of two (2) years. Records
must be kept on premises and must be available to the Department upon
request.
(2)
List specifications for materials sold as designated in Section 615.030(B).
C.
Specific Considerations For Branding.
1.
The procedure area must have walls that extend to the ceiling
and a closable door.
2.
The procedure area must be equipped with an ultraviolet air
purifier appropriately sized to the room based on the square footage
and the manufacturer's recommendations.
3.
Any person present during the procedure, including all personnel
and the client, must wear a mask rated as N-95 or higher.
4.
Body artists must use the process of "strike branding" or use
a thermal cautery unit (TCU).
5.
Only non-galvanized metal may be used for "strike branding."
6.
Body artists should use only propylene gas to heat the metal
for "strike branding."
D.
Specific Considerations For Scarification.
1.
The client must be at least eighteen (18) years of age.
2.
The body artist must wear disposable sleeves for personal protective
equipment (PPE).
3.
The procedure area must have walls that extend to the ceiling
and a closable door.
4.
The procedure area must be equipped with an ultraviolet air
purifier appropriately sized to the room based on the square footage
and the manufacturer's recommendations.
5.
The body artist must wear sterile gloves when coming into contact
with sterile equipment during the procedure.
E.
Requirements For Body Art Establishments.
1.
All walls, floors, procedure areas, and workstations of a body
art establishment must be smooth, free of open holes or cracks, easy
to clean, and in good repair. Walls, floors, and ceilings must be
maintained in a clean condition. All procedure areas and workstations,
including client chairs and benches, must be of construction that
is easily cleaned and disinfected after each client.
2.
All body art establishments must be completely separated by
solid partitions or by walls extending from floor to ceiling from
any room used for human habitation, any food establishment or room
where food is prepared, any nail or hair salon, or any other such
activity that could cause potential contamination of work surfaces.
3.
The facility must be free of pests, including insects, rodents,
and vermin.
4.
Smoking and vaping are prohibited in all indoor areas.
5.
There must be a minimum of eighty (80) square feet of floor
space for each procedure area in the facility.
6.
If the facility offers an area screened in from public view
for clients requesting privacy, it must be constructed and operated
in compliance with this Code (e.g., smooth and easy to clean).
7.
The establishment must be well-ventilated and have an artificial
light source equivalent to at least twenty (20) lumens per square
foot three (3) feet off the floor. Where the body art procedure is
being performed and where instruments and sharps are assembled, there
must be an artificial light source equivalent to at least one hundred
(100) lumens per square foot.
8.
No animals of any kind are allowed in a body art establishment
except service animals used by persons with disabilities in accordance
with ADA regulations. Fish aquariums are allowed in waiting rooms
and non-procedural areas. Fish aquariums must contain only aquatic
species that can survive under water for a minimum of forty-eight
(48) hours.
9.
The procedure area must be equipped with a separate, readily
accessible hand washing sink that is supplied with soap and disposable
paper towels in dispensers.
10.
The procedure area must be equipped with hand washing facilities
for its personnel with unobstructed access (e.g., no doors), such
that the body artists can go to and from their workstations without
having to touch anything with their hands.
11.
There must be a minimum of one (1) lavatory, excluding any service
sinks, in a body art establishment.
12.
If reusable instruments are used in a body art establishment,
a separate sterilization room is required. The sterilization room
must have the following:
a.
A sink used only for cleaning contaminated instruments. This
sink should not be used for hand washing.
b.
A covered ultrasonic and/or instrument washer.
c.
Cabinets or drawers made of smooth non-porous wipeable materials
if any items are stored in the room.
d.
No other services including but not limited to tattooing, piercing,
or retail sales may occur within this sterilization room/area.
e.
The covered ultrasonic unit and the sink used for rinsing and
scrubbing contaminated tools must be separated from the autoclave
to prevent contamination.
f.
If space is a problem, one (1) solution is to install a Plexiglas,
stainless steel, or other non-porous barrier to prevent cross contamination.
13.
Water supply and wastewater disposal methods must meet all local
and/or State regulations.
14.
A lined, covered waste receptacle must be provided in every
procedure area and restroom. The receptacles must be cleanable, kept
clean, and have self-closing lids with hands-free controls. The receptacles
must be emptied when needed. Municipal solid waste removal must meet
all local and/or State regulations.
15.
All non-contaminated instruments must be stored in a dry, disinfected,
closed cabinet, drawer, or tightly covered container reserved for
the storage of such instruments.
16.
No reusable cloth or similar material-items may be used in a
body art establishment. No multiple use materials may be employed
for body art procedures unless they are non-porous and can be cleaned
and disinfected.
[Ord. No. 7371, 10-22-2020]
A.
Body Art Operator Requirements And Professional Standards.
1.
Persons performing body art procedures or any other task or
function in a body art establishment must use aseptic techniques.
2.
The body artist must be a minimum of eighteen (18) years of
age.
3.
It is unlawful for any person to perform body art procedures
unless such procedures are performed in a body art establishment with
a current applicable license.
4.
The body artist must maintain hair, skin, and clothes that are
free of visible particulate matter and debris. The body artist must
keep fingernails short with smooth, filed edges to allow thorough
cleaning and prevent glove tears.
5.
The body artist must be free of any open wound that cannot be
covered, any infection, or other visible or communicable diseases
that can be transmitted as a result of carrying out the body art procedure.
6.
Any surface of the skin or mucosal surface to receive a body
art procedure must be free of suspected rash or any suspected visible
infection.
7.
Before performing body art procedures, body artists must thoroughly wash their hands in a hand washing sink as specified under Section 615.030(E).
8.
When coming into contact with the client, the body artist must
wear gloves at all times. The gloves must be immediately discarded
and the body artist's hands must be washed — at a minimum
— after the completion of each procedure, and/or when gloves
are torn, punctured, or otherwise compromised, or at any other time
when necessary to prevent cross contamination.
9.
Any item or instrument used for body art that becomes contaminated
during the procedure must be immediately removed from the procedure
area and, if necessary, replaced before the procedure resumes.
10.
Eating or drinking by anyone is prohibited in the area where
body art preparations or procedures are performed and any location
where instruments or supplies are stored or cleaned. Exceptions must
be made for the purpose of rendering first aid.
11.
Before and after performing body art procedures, the body artist
must thoroughly wash their hands according to the hand washing procedure
below:
a.
Remove all rings, watches, and bracelet surrounding your hands;
b.
Turn on warm water, wet hands, and apply soap;
c.
Rubbing your hands together, make a soapy lather;
d.
Make sure you include all your fingers, wash between your fingers,
thumbs, nails, cuticles, wrists, palm to palm, and the top of your
hands;
e.
Rinse your hands with your fingers pointed up toward the faucet
and rinse down to your wrists;
f.
Pat dry with a clean disposable towel; and
g.
Use a new clean disposable towel to turn off the handles of
the sink.
B.
Public Notification Requirements.
1.
A current body art establishment license must be posted at the
body art establishment in a prominent and conspicuous area where it
can be readily observed.
2.
All body artist licenses must be posted in a prominent and conspicuous
area of the facility at which the body artist performs procedures
where they can be readily observed.
3.
Written public educational information and aftercare information
that has been approved by the Department must be posted in a prominent
and conspicuous area where it can be readily observed by clients.
The written instructions must advise the client to consult a licensed
physician if deemed necessary by the client and must contain the name,
address, and phone number of the establishment.
4.
The facility license holder must publicly display the name,
address, and phone number of the Department that has jurisdiction
over the facility and the procedure for filing a complaint.
5.
A copy of State body art requirements must be made available
to the public upon request.
C.
Facility Record-Keeping Requirements.
1.
All records required by this Code must be kept in print or digital
form. The files must be stored in a manner that prohibits access from
unauthorized personnel (e.g., locked file cabinet, locked room, password-protected
files) and accessible upon request by the Department. The following
information must be kept on file on the premises of a body art facility
and be readily available for inspection by the Department:
a.
Each body art facility must establish a written Exposure Control
Plan designed to eliminate or minimize personnel exposure to blood
or OPIM as required in OSHA 1910.1030(b).
b.
Files of all employees, contractors, or agents of the body art
facility must be kept secure, confidential, and be retained on-site
for a minimum of two (2) years past employment termination. The files
should include:
d.
Equipment maintenance records.
e.
A complete description of standard body art work practices including
an emergency plan, exposure control plan, or infection prevention
plan.
f.
Safety data sheets for all potentially hazardous chemicals in
the body art facility.
g.
Material certificates for applicable materials from each applicable
manufacturer.
h.
Spore test results from a third party from the past two (2)
years.
i.
Client records (see Section 615.035(D)).
j.
A copy of Department regulations.
k.
Copies of reports for all adverse events that occurred at the
facility. Adverse reactions that occur when using FDA-regulated products
should be reported to the FDA MedWatch program and noted in the MedWatch
Individual Case Safety Report ID (ICSR).
l.
A description of all instruments purchased presterilized and
used for any and all body art procedures must be kept on file on the
premise of a body art facility for one (1) year past purchase date.
This information must be available by request for inspection by the
Department. Invoices or orders can satisfy this requirement.
D.
Records Retention.
1.
All records must be retained for a minimum of two (2) years.
Records must be kept on premises and must be available to the Department
upon request. The files must be stored in a manner that prohibits
access from unauthorized personnel (e.g., locked file cabinet, locked
room, password-protected files).
3.
A written record of all instruments purchased pre-sterilized
used for any and all body art procedures must be retained for a minimum
of two (2) years. Records must be kept on premises and must be available
to the Department upon request. Invoices or orders can satisfy this
requirement.
E.
Requirements For Single-Use Items.
1.
Single-use items must not be used on more than one (1) client for any reason. After use, all single-use needles, razors, and other sharps must be immediately disposed of in approved sharps containers. See Section 615.045(E) for disposal procedures.
2.
All products applied to the skin, including body art stencils, pens, markers, etc., must be single-use and disposable. Products used in the application of stencils must be dispensed and applied on the area to be tattooed with a suitable clean, single-use product and used in a manner to prevent contamination of the original container and its contents. The clean, single-use product must be used only once and then discarded. See Section 615.045(E) for disposal procedures.
F.
Prohibitions.
1.
It shall be unlawful to knowingly perform a body art procedure
on any minor without the written consent of that person's parent
or legal guardian. That consent is required to be given in person
to the body artist by the parent or legal guardian before the body
artist may perform the body art procedure. In addition, the parent
or legal guardian must present identification to the body artist and
the body artist must retain a copy of the identification for their
records. The parent or legal guardian must be present in the procedure
area at the time of the procedure.
2.
It is unlawful to perform body art on another person if the
other person is under the influence of intoxicating liquor or a controlled
substance.
3.
It is prohibited to obtain or attempt to obtain any body art
establishment or body artist license by means of fraud, misrepresentation,
or concealment.
[Ord. No. 7371, 10-22-2020]
A.
Release Form. In order for the body artist to perform body art on a client, a release form must be stored in accordance with Section 615.035(D) of this Chapter. The release form must be in written and/or digital format. A physical and/or digital copy of this form must be offered to the client. The release form must include at a minimum the following sections:
1.
A risk notification section that provides information detailing
the risks and possible consequences of a body art procedure must include
risks including but not limited to the following:
2.
A client evaluation section that asks at a minimum the following
questions that evaluate the client's condition for receiving
body art without violating their medical privacy. This Section must
include the following statement:
Consult a physician prior to the procedure if you have any concerns
about any of the questions below:
a.
Are you eighteen (18) years of age or older?
b.
Have you eaten within the past four (4) hours?
c.
Are you under the influence of drugs or alcohol?
d.
Have you ingested anticoagulants, antiplatelet drugs, or NSAIDS
(aspirin, ibuprofen, etc.) in the last twenty-four (24) hours?
e.
Have you ingested any medication that can inhibit the ability
to heal a skin wound?
f.
Do you have any allergies or adverse reactions to dyes, pigments,
latex, iodine, or other such products?
g.
Do you have hemophilia, epilepsy, a history of seizure, fainting,
narcolepsy, or other conditions that could interfere with the body
art procedure?
h.
Do you have a history of skin diseases that might inhibit the
healing of the body art procedure?
i.
Do you have any communicable diseases (i.e., hepatitis A, hepatitis
B, HIV, or any other disease that could be transferred to another
person during the procedure)?
j.
Do you have diabetes, high blood pressure, heart condition,
heart disease, or any other conditions that could interfere with the
body art procedure?
k.
Are you or have you been pregnant within the last three (3)
months?
B.
Procedure Record Form. Each body artist must record all body art
procedures administered, including date, time, brief description of
the procedure performed (type and location), materials used with lot
numbers (such as inks, instruments, jewelry, needles), and the body
artist's name. In addition, identification of the sterilized
instruments (i.e., date and time) used during the procedure that corresponds
with the autoclave load log for those instruments and/or package/lot
number must be recorded.
1.
The following information about the body art procedure must
be written down:
a.
Type of body art procedure;
b.
Location on body;
c.
Design if applicable;
d.
Jewelry styles and sizes if applicable;
e.
Expiration date and batch and/or lot number of all equipment
sterilized in the body art procedure or bought pre-sterilized that
will be applied to or inserted under the skin;
f.
Expiration date, brand, color, batch and/or lot number of all
inks, dyes, and pigments used in the body art procedure;
g.
Date of body art procedure; and
h.
Any complications that occurred during the body art procedure.
C.
Informed Consent. A written informed consent statement, including
a signature obtained from the client, must confirm at a minimum the
following:
[Ord. No. 7371, 10-22-2020]
A.
Physical Facility, Equipment, Devices And Furnishings.
1.
All surfaces used in the body art procedure must be smooth;
free of nicks, cuts, and tears; easily cleanable; and non-porous.
Surfaces must be cleaned and then disinfected with an EPA-registered
tuberculocidal disinfectant prior to and after the body art procedure.
2.
All surfaces of equipment and furnishings that come into contact
with the body artist during a body art procedure must be covered with
a protective, impermeable barrier. Barriers must be single-use and
discarded after each client.
3.
All equipment and devices used to clean and sterilize body art
materials and reusable instruments must be suitable for their intended
use. The equipment and devices must be used, cleaned, and maintained
according to manufacturer's instructions. A copy of the manufacturer's
recommended procedures for the operation of the equipment must be
available for inspection by the Department when available from the
supplier.
B.
Reusable Instruments.
1.
All reusable instruments are to be cleaned and sterilized after
each use in the sterilization room or sterilization area. Instruments
must be:
a.
Soaked in an enzymatic or other appropriate solution;
b.
Scrubbed to remove debris;
c.
Rinsed and inspected;
d.
Processed through an ultrasonic cycle;
e.
Rinsed;
f.
Dried;
g.
Inspected;
h.
Sterilized; and
i.
All sterilization loads must include a Class V or better chemical
indicator. (Steps (a) through (f) may be accomplished using an automated
instrument washer.)
2.
After being cleaned, all reusable instruments used for body
art must be sterilized by one (1) of the below methods:
a.
Contained in sterilization packaging and subsequently sterilized, with the date and cycle number noted on packaging or indicator strips (see Section 615.035(D)).
b.
Unwrapped and subsequently sterilized, stored, and sterilized
again immediately prior to use.
c.
Afterward, sterilized tools must be stored in a cabinet, drawer,
or tightly covered container reserved for the storage of sterilized
instruments.
3.
An autoclave, ultrasonic, and sterilization room or sterilization
area is not be required if the body art establishment uses only pre-sterilized
disposable instruments, pre-sterilized body art materials, and pre-sterilized
supplies.
5.
Sterile Equipment Use And Disposal.
a.
Sterile equipment and body art materials must not be used if
the package has been compromised.
b.
Sterile equipment and body art materials must not be used after
the expiration date without first reprocessing and re-sterilizing.
c.
Body art equipment and materials must be disposed of in an appropriate
container.
C.
Spore Testing When Using An Autoclave.
1.
Each holder of a license to operate a body art establishment
must demonstrate that the autoclave used is capable of attaining sterilization
by weekly biological monitoring (spore testing).
2.
These tests must be verified by an independent laboratory.
3.
The license must not be issued or renewed until documentation
of the autoclave's ability to destroy spores is received by the
Department.
4.
These test records should be retained for a minimum of two (2)
years. Records must be kept on the premises and must be available
to the Department upon request. The most recent test must be made
available to the public upon request.
D.
Procedure For Responding To A Positive Spore Test. If the mechanical
(e.g., time, temperature, pressure) and chemical (internal or external)
indicators suggest that the autoclave is functioning properly, a single
positive spore test result probably does not indicate autoclave malfunction.
The autoclave should be removed from service, though, and sterilization
operating procedures reviewed to determine if operator error could
be responsible (CDC, 2016).
1.
In the sterilization log, document procedures taken to remedy
the situation.
2.
Remove the autoclave from service and review sterilization procedures
(e.g., work practices and use of mechanical and chemical indicators)
to determine whether operator error could be responsible for the positive
spore test.
3.
Recall, to the extent possible, and reprocess all items processed
since the last negative spore test in a separate autoclave that has
negative spore test results.
4.
Retest the autoclave by using biological, mechanical, and chemical
indicators after correcting any identified procedural problems.
5.
If the repeat spore test is negative, and mechanical and chemical
indicators are within normal limits, put the autoclave back in service.
6.
The following are required if the repeat spore test is positive:
a.
Do not use the autoclave until it has been inspected or repaired
and the exact reason for the positive test has been determined. This
work should be done by a factory authorized service professional,
who is certified to repair and maintain the specific autoclave that
is being worked on.
b.
Before placing the autoclave back in service, re-challenge the
autoclave with biological indicator tests in three (3) consecutive
empty chamber sterilization cycles after the cause of the autoclave
failure has been determined and corrected.
7.
Maintain sterilization records (i.e., sterilization cycles,
maintenance, and spore tests) in accordance with this Chapter.
E.
Biomedical Waste.
1.
Facility Policies And Procedures.
a.
All body art establishments must comply with the following:
(1)
If such registration is applicable in the jurisdiction,
body art facilities must register as a biomedical waste-generating
facility.
(2)
Biomedical waste mixed with hazardous waste must
be managed as hazardous waste.
(3)
Any other solid waste or liquid, which is neither
hazardous nor radioactive in character, when combined with untreated
biomedical waste must be managed as untreated biomedical waste.
(4)
All surfaces contaminated with spilled or leaked
biomedical waste must be decontaminated as part of the cleaning process.
b.
Each body art establishment must implement a written operating
plan to manage biomedical waste in accordance with this Code. This
written operating plan must be available for review by the Department
and facility personnel. The operating plan must include the following:
c.
All biomedical waste management records must be maintained on-site
for two (2) years and must be available for review by the Department.
2.
Storage And Containment.
a.
Storage.
(1)
Storage of biomedical waste at the generating facility
must not exceed thirty (30) days. The thirty-day period commences
when the first non-sharps item of biomedical waste is placed into
a red bag or sharps container, or when a sharps container containing
only sharps is sealed.
(2)
Indoor storage areas must have restricted access
and be designated in the written operating plan. They must be located
away from pedestrian traffic, be vermin- and insect-free, and be maintained
in a sanitary condition. They must be constructed of smooth, easily
cleanable materials that are impervious to liquids.
(3)
Outdoor storage areas, including containers and
trailers, must (in addition to the above criteria) be conspicuously
marked with the international biological hazard symbol and be secured
against vandalism and unauthorized entry. The international biological
hazard symbol on an outdoor storage area must be a minimum of six
(6) inches in diameter.
b.
Containment.
(1)
Packages of biomedical waste must remain sealed
until picked up by biomedical waste transport treatment, except when
compacted in accordance with the requirements of this Code. Ruptured
or leaking packages of biomedical waste must be placed into larger
packaging without disturbing the original seal.
(2)
All packages containing biomedical waste must be
visibly identifiable with the international biological hazard symbol
and one (1) of the following phrases: "biomedical waste," "biohazardous
waste," "biohazard," "infectious waste," or "infectious substance."
The symbol must be red, orange, or black and the background color
must contrast with that of the symbol or comply with the requirements
cited in subpart Z of 29 C.F.R. subparagraph 1910.1030(g)(1)(C), Occupational
Exposure to Blood-Borne Pathogen Standard.
c.
Bags. Biomedical waste (except sharps) must be packaged and
sealed at the point of origin in impermeable, red plastic bags. The
international biological hazard symbol must be at least six (6) inches
in diameter on bags nineteen (19) inches by fourteen (14) inches or
larger, and at least one (1) inch in diameter on bags smaller than
nineteen (19) inches by fourteen (14) inches. Each plastic bag must
meet the following physical properties:
(1)
Impact resistance of one hundred sixty-five (165)
grams (g) and tearing resistance of four hundred eighty (480) grams
in both the parallel and perpendicular planes with respect to the
length of the bag. Impact resistance must be determined using ASTM
D-1709-91, and tearing resistance must be determined using ASTM D-1922-89.
(2)
Incidental sum concentrations of lead, mercury,
cadmium, and hexavalent chromium must be no greater than one hundred
(100) ppm for dyes used in the coloration of bags.
(3)
A letter from the manufacturer of the red bags
used in the establishment must be kept on file on the premises.
d.
Sharps Containers.
(1)
Sharps must be discarded at the point of origin
into single-use or reusable sharps containers. Sharps must not be
placed directly into double-walled corrugated containers. Sharps containers
must be sealed when full. A sharps container is considered full when
materials placed into it reach the designated fill line or, if a fill
line is not indicated, when additional materials cannot be placed
into the container without cramming.
(2)
Permanently mounted sharps container holders must
bear the phrase and the international biological hazard symbol if
this information on the sharps container is concealed by the sharps
container holder/mount.
(3)
The international biological hazard symbol must
be at least one (1) inch in diameter on sharps containers.
(4)
All outer containers must be rigid, leak resistant
and puncture resistant. Reusable outer containers must be constructed
of smooth, easily cleanable materials and must be decontaminated after
each use.
(5)
The international biological hazard symbol must
be at least six (6) inches in diameter on outer containers nineteen
(19) inches by fourteen (14) inches or larger, and at least one (1)
inch in diameter on outer containers less than nineteen (19) inches
by fourteen (14) inches.
3.
Labeling.
a.
Biomedical waste bags and sharps containers must be labeled
with the name and address of the body art facility and address.
(1)
If a bag or sharps container is placed into a larger
bag prior to transport, the label for the exterior bag must comply
with the same labeling requirements listed above.
(2)
Prior to transport, outer containers must be labeled
with the transporter's name, address, registration number, and
twenty-four-hour telephone number.
b.
The transporter must provide labels for bags or sharps containers
that are generator-specific, such as bar codes or specific container
number.
[Ord. No. 7371, 10-22-2020]
A.
Glove Usage. Prior to, during, and after a body art procedure, the
body artist must wear gloves and use aseptic technique to ensure that
the instruments and gloves are not contaminated. This includes, but
is not limited to:
1.
When setting up the procedure area. This set up includes touching
containers, ink bottles, barrier films, and exteriors of sterile packaging.
2.
When prepping skin, applying stencils, or drawing designs on
the skin.
3.
Once the procedure is completed, cleaning, applying aftercare,
or bandaging to the procedure site.
4.
When tearing down and disinfecting the procedure area.
B.
Before a body art procedure is performed, the procedure site must
be prepped with an antiseptic in accordance with the manufacturer's
instructions.
C.
If shaving is necessary, it must be done before skin prep, and a
single-use disposable razor must be used. After use, razors must be
placed immediately into a sharps container.
D.
In the event of bleeding, all products used to stop the flow of blood
or to absorb blood must be a sterile, single-use item that is disposed
of immediately after use in appropriate covered containers.
E.
Any single-use items that contact the client must meet the requirements outlined in Section 615.035(E).
F.
Any products portioned out for the individual must be discarded upon
completion of the body art procedure.
[Ord. No. 7371, 10-22-2020]
A.
Access. Upon receipt of a complaint, a Health Officer or other authorized
employee of the City, upon proper identification, shall be permitted
to enter any body art establishment at any reasonable time to determine
if the establishment and its practitioners are in compliance with
this Chapter. The Health Officer shall be permitted to examine the
records of the body art establishment, to obtain information about
supplies purchased, received or used, sterilization records and information
regarding patrons who received tattoos, body piercings or branding.
Any records requested by the Health Officer may be copied at the establishment
operator's expense. Failure of any licensed body art establishment
to permit entry by a Health Officer or to provide access to such records
upon request pursuant to this Subsection shall be grounds for suspension
or revocation of the license.
B.
Operator Required To Notify.
1.
Public. Conspicuously display for the public in the establishment a copy of Section 615.060 of this Code along with the following language: "Complaints should be filed with the Health Department, Attention: Health Supervisor, One St. Peters Centre Boulevard, St. Peters, Missouri 63376." The copy of Section 615.060 shall be posted in close proximity to the license issued by the City for the establishment and shall be printed on a sheet of paper that shall measure approximately eight and one-half (8 1/2) inches in height by eleven (11) inches in width.
2.
Health Department.
a.
If the operator becomes aware of an imminent health danger to
the public, such as, but not limited to a recalled ink or an employee
with a reportable disease, the operator must notify the Health Department
at their earliest convenience, but not more than forty-eight (48)
hours from when the operator becomes aware of such imminent health
danger.
b.
Any injury or complaint of injury, infections that required
treatment by a licensed medical practitioner, or any reportable diseases
resulting from the body art procedure that become known to the body
artist must be reported by the body artist to the Department using
the complaint of injury form within three (3) business days of the
body artist becoming aware of the complaint or condition.
c.
Body artists must report all adverse events relating to or suspected
of being related to materials used during a body art procedure to
the Department and Med Watch, including the name of the artist, client
information, description of adverse event(s), and a complete description
of materials involved with lot and/or batch codes. This reporting
will help identify outbreaks and identify products with manufacturing
defects. A record of this reporting must be maintained with the complaint
of injury form in client records.
[Ord. No. 7371, 10-22-2020]
A.
The City may receive and process any complaint made against any licensed
practitioner and/or establishment in which the complaint alleges certain
acts or practices may constitute one (1) or more violations of the
provisions in this Chapter.
B.
Complaints may be submitted to a Health Officer or the Health Supervisor.
C.
The City may elect to forward any complaint to the Missouri Division
of Professional Registration for investigation and enforcement under
the provisions of 20 CSR 2267-6.010 to 6.020, as amended.
D.
The City interprets this rule to exist for the benefit of those members
of the public who submit complaints. This rule is not deemed to protect,
or inure to the benefit of those licensees, or other persons against
whom the City has instituted or may institute administrative or judicial
proceedings concerning possible violations of this Chapter.
[Ord. No. 7371, 10-22-2020]
A.
Inspection.
1.
Department personnel must inspect each body art establishment
to ensure compliance with this Code prior to issuing a license to
a body art establishment. Department personnel must be granted access
to the premises of a body art facility during normal hours of operation,
including access to customer and personnel records. Failure to provide
Department personnel such access shall be grounds for denial, suspension
or revocation of a license.
2.
Health Officers of the Department must properly identify themselves
upon entering a body art establishment to make an inspection. Such
an inspection must be conducted no less than once a year and as often
as necessary throughout the year to ensure compliance with this Code
and to ensure the health and safety of the general public.
3.
It is a violation of this Code for the operator in a body art
facility to knowingly do any of the following:
4.
A digital or written copy of the inspection report must be furnished
to the license holder or operator of the body art establishment. The
Department retains possession of the original.
5.
If, after investigation, the Department should find that an
operator is in violation of this Chapter, the Department must advise
the operator, in writing, of its findings and instruct the operator
to take specific steps to correct such violations. Violations that
pose an imminent public health threat, or are deemed critical violations,
must to be corrected before operation may resume. These critical violations
shall result in a full re-inspection of the facility and a re-inspection
fee shall be assessed as described in this Section.
6.
If at any time the Department has reasonable cause to suspect
that public health might be at risk, it can place limitations on the
license of a body art establishment or artist. The Department must
notify the facility license holder and the body artist license holder.
Limitations can include the imposition of restrictions or conditions,
or both, on the operations of that body art facility. A body art facility
must comply with all license limitations until the Department has
conducted an inspection, has determined that the license limitations
are no longer necessary, and has issued an order allowing the body
art facility to resume operations without the license limitations.
7.
Violations that are considered non-critical, will be re-inspected
for compliance within ten (10) days.
B.
Suspension And Revocation.
1.
Under the provisions of this Code, license holders may be temporarily
required to suspend operations for failure of the holder to comply
with the requirements of this Code by having more than one (1) critical
violation, or a combination of a critical violation and multiple non-critical,
chronic violations.
2.
Whenever a license holder or operator has failed to comply with
any notice issued under the provisions of this Code, the operator
must be notified, in writing, that operations are to be immediately
suspended. The notice must also contain a statement informing the
license holder or operator that an opportunity for a hearing will
be provided if a written request for a hearing is filed with the Department
within ten (10) days following the cessation of operations. If a request
for hearing is received, a hearing shall be held within thirty (30)
days of receipt of the request.
3.
Any denial, suspension, or revocation of a license pursuant to this Chapter may be appealed consistent with the procedures set forth in Section 605.025 of this Code.
4.
Any licensee may request to resume operations by meeting the
following requirements:
a.
Providing proof that the conditions have been corrected, including
but not limited to photos, receipts, and written documentation; and
b.
Requesting re-inspection, after which the Department must re-inspect
the body art establishment and evaluate the documentation provided
by an operator. If the applicant is in compliance with the provisions
of this Code, the license will be reinstated. Re-inspection fees will
be assessed as described in this Section.
