(a)
The
purpose of this article is to protect the health of the public by
establishing standards for the prevention of disease that may be associated
with body art procedures. These rules shall be interpreted and applied
to protect the public health.
(b)
The
city adopts by reference the provisions of the current rules or the
rules as amended by the State Board of Health found in 25 TAC secs.
229.401–229.413.
(2001 Code, sec. 26-801; Ordinance 11-2012, sec. 1, adopted 3/6/12)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who is engaged in learning and working in the profession
of body art under the direct supervision of a sponsor, and who has
a written agreement with the sponsor providing for his training in
accordance with this article.
A written agreement between a sponsor and an apprentice outlining
the terms of the apprenticeship.
The practice of physical body adornment including but not
limited to body piercing, tattooing, and cosmetic tattooing. Body
art does not include branding and scarification or practices that
are considered medical procedures by a state medical board, such as
implants under the skin.
Any place or premise where body art, whether or not for profit,
is performed.
The creation of an opening in an individual’s body,
other than in an individual’s earlobe, to insert jewelry or
another decoration.
A person who receives a body art procedure on some part of
his own body.
Not sterile or no longer sterile.
Any liquid or semi-liquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semi-liquid 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 and other potentially infectious materials, as defined in 29
CFR pt. 1910.1030, known as “Occupational Exposure to Bloodborne
Pathogens.”
The practice of depositing pigment into the epidermis, utilizing
needles, which is either permanent, semi-permanent, or temporary by
someone other than a state licensed physician. Cosmetic tattooing
shall also mean the same as permanent cosmetics, dermagraphy, micro-pigmentation,
permanent color technology and micro-pigment implantation.
The Wichita Falls-Wichita County Public Health District or
its authorized representatives having jurisdiction to promulgate,
monitor, administer and enforce these regulations.
The director of the Wichita Falls-Wichita County Public Health
District or his authorized representative.
The killing of disease-causing microorganisms on inanimate
objects or surfaces.
All machinery including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks,
and all other apparatus and appurtenances used in connection with
the operation of a body art establishment.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms or other portions of
the body.
Water, which is at a constant temperature of at least 100°
F and sufficient in capacity to meet the peak water demands of the
body art establishment.
Hand pieces, needles, needle bars, hemostats, forceps, pliers,
and other items that may come in contact with a client’s body
or possible exposure to bodily fluids during body art procedures.
A person who holds a license issued under this article.
Any person who controls, operates, manages, conducts, performs
or practices body art activities.
Written approval by the department to operate a body art
establishment. Approval is given in accordance with these regulations
and is separate from any other licensing requirements that may exist.
A person who holds a permit issued under this article.
A natural person, any form of business or social organization
and any other non-governmental legal entity including but not limited
to a corporation, partnership, limited liability company, association,
trust, or unincorporated organization.
Any work area or any surface that comes in contact with any
part of the client’s unclothed body.
To treat a surface using a product registered with the United
States Environmental Protection Agency which has been approved by
the department as being effective in reducing the number of microorganisms
to a safe level.
Any object that may purposefully or accidentally cut or penetrate
the skin or mucosa including, but not limited to, needles, scalpel
blades, and razor blades.
A puncture-resistant, leak-proof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the International Biohazard Symbol.
Articles intended for one-time, one-person use and which
are to be discarded after such use including, but not limited to,
cotton swabs or balls, tissues or paper products, paper or plastic
cups, gauze and sanitary coverings, razors, piercing needles, scalpel
blades, stencils, ink cups, and protective gloves.
A licensed body art operator who is approved to conduct apprenticeship
training in accordance with this article and who assumes full responsibility
for any apprentices.
Destruction of all forms of microbiotic life, including spores.
The practice of producing an indelible mark or figure on
the human body by scarring or inserting a pigment under the skin using
needles, scalpels, or other related equipment. The term also means
the indelible mark or figure itself, and includes the application
of permanent cosmetics.
An artist that applies for a permit to showcase and demonstrate
their talent lasting no more than seven consecutive days in a single
building, structure, in conjunction with a single event.
An event where three or more artists gather to showcase and
demonstrate their talent lasting no more than seven consecutive days
in a single building, or structure, in conjunction with a single event.
A person employed by and working in the office or clinic
of a physician, where the treatment being performed is ordered by
a physician.
(2001 Code, sec. 26-802; Ordinance 11-2012, sec. 1, adopted 3/6/12; Ordinance 50-2017, sec. 2, adopted 12/5/17)
This article does not apply to:
(1)
A medical
facility licensed under other law or procedures performed in that
facility;
(2)
An
office or clinic of a person licensed by the Texas State Board of
Medical Examiners or procedures performed in that office or clinic;
(3)
A person
who performs only ear piercing; or
(4)
A facility
in which only ear piercing is performed.
(2001 Code, sec. 26-803; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
Every
operator shall give all verbal and written public educational information
approved by the department to every client wanting to receive a body
art procedure.
(b)
Upon
completion of a body art procedure, the operator shall provide verbal
and written instructions, as approved by the department, to each client
for the care of the body art procedure site. 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
the operator and the client. A copy shall be given to the client and
the operator shall retain the original with all other required records.
(c)
All
establishments shall prominently display a disclosure statement, provided
by the department, which advises the public of the risks and possible
consequences of body art services. The facility permit holder shall
also post in public view the name, address and phone number of the
department and the Texas Department of Health, and the procedure for
filing a complaint. The disclosure statement and the notice for filing
a complaint shall be provided in writing to each client.
(2001 Code, sec. 26-804; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
Prior
to performing body art on a client, the operator shall require the
client to present a valid, government-issued, positive identification
card, including, but not limited to, a driver’s license, passport,
or military identification. A copy of the provided identification
shall be contained in the client file. The identification must contain
a photograph of the individual and a printed date of birth.
(b)
Prior
to performing body art on a client, the operator shall obtain a verbal
or written statement as to whether the client falls within one or
more of the following risk group categories:
(1)
The client has a history of jaundice or hepatitis;
(2)
The client has a history of AIDS, or has had a positive HIV test;
(3)
The client has a history of skin disease or skin cancer at the proposed
site of the body art;
(4)
The client has a history of allergies, anaphylactic reaction to pigments
or dyes, or other sensitivities;
(5)
The client is taking medications which interfere with blood clotting,
such as anticoagulants, which thin the blood; or
(6)
The client has a history of hemophilia.
(c)
The
operator shall then ask the client to disclose verbally or in writing
any other known medical condition or history that could influence
or impair the healing process.
(d)
The
client shall sign a written statement, also signed by the operator,
that the information provided regarding risk group categories and
known medical conditions and history is true and complete to the client’s
best knowledge and ability.
(e)
Each
operator shall keep a record of each body art procedure performed
to include:
(1)
Name, address, and telephone number of the client;
(2)
Client’s age, date of birth and copy of identification provided
to the establishment;
(3)
The date the procedure was performed;
(4)
Name of operator who performed the procedure;
(5)
The area of the body where the procedure was performed;
(6)
The signature of the client.
(f)
If
the client is a minor, the parent, managing conservator or guardian
must be physically present during any body art procedure. The parent,
managing conservator or guardian must execute an affidavit stating
that the person is the parent, managing conservator or guardian of
the individual on whom the body art is being performed; and must provide
written and notarized consent by the individual’s parent, managing
conservator or guardian which shall contain:
(1)
The full name, address, and telephone number of the client;
(2)
The full name address, and telephone number of the parent, managing
conservator or guardian;
(3)
The area of the body and the specific body art procedure for which
consent is granted; and
(4)
The signature of the minor and the signature of the parent, managing
conservator, or guardian.
(2001 Code, sec. 26-805; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
The
following information shall be kept on file on the premises of a body
art establishment for a minimum of three years and shall be readily
available for inspection by the department:
(2)
The name of the establishment, the hours of operation, and the proprietor’s
name and address.
(3)
A complete description of all body art procedures performed, including
the clients’ files and, for a tattoo procedure, the specific
colors applied, and, when available, the manufacturer or catalogue
identification number of each color.
(5)
A copy of these regulations.
(6)
Records regarding each employee that show one of the following:
a.
Proof that the employee has completed the Hepatitis B vaccination
series;
b.
A statement that the employee was offered and declined in writing
the Hepatitis B vaccination series;
c.
A statement that antibody testing has revealed that the employee
is immune to Hepatitis B; or
d.
A dated and signed physician’s statement specifying that the
Hepatitis B vaccination series is contraindicated in a particular
employee for medical reasons.
(b)
Client
records shall be confidential.
(2001 Code, sec. 26-806; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
Before
performing a body art procedure, the skin and surrounding area where
the body art procedure is to be placed shall be washed with antimicrobial
soap, or if appropriate the client shall be provided iodine with which
to cleanse the area, and any washing pad shall be discarded after
use on a single client.
(b)
If
shaving is necessary, disposable razors or safety razors with single
use blades shall be utilized. Single use blades shall be discarded
after each use and the reusable holder shall be autoclaved after each
use. Following shaving, the skin and surrounding area will be washed
with antimicrobial soap and the washing pad shall be discarded after
a single use.
(c)
If
the skin of the client is not free of rash, infection, or any other
visible pathological condition, no body art procedure may be performed.
No person affected with boils, infected wounds, open sores, abrasions,
exudative lesions, acute respiratory infection, nausea, vomiting,
fever or diarrhea shall receive a body art procedure until such condition
is resolved or documentation is presented to the operator to ensure
that there is not a likelihood of disease contagion.
(d)
In
the event of blood flow, all products used to check the flow of blood
or to absorb blood shall be single use and disposed of immediately
after use.
(2001 Code, sec. 26-807; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
The
operator shall maintain a high degree of personal cleanliness, conform
to hygienic practices, and wear clean clothes when performing body
art procedures. Before performing body art procedures, the operator
must thoroughly wash his hands in hot running water with liquid antimicrobial
soap, and then rinse hands and dry with disposable paper towels. This
shall also be done as often as necessary to remove contaminants.
(b)
In
performing body art procedures, the operator shall wear disposable
medical gloves. The gloves shall be discarded after the completion
of each procedure on an individual client, if not more frequently.
(c)
If, while performing a body art procedure, the operator’s glove is pierced, torn, or otherwise contaminated, the procedures in subsections (a) and (b) of this section shall be repeated immediately. The contaminated gloves shall be immediately discarded and the hands washed thoroughly before a fresh pair of gloves are applied. Any item or instrument used for body art which is contaminated during the procedure shall be removed and replaced immediately with new ones before the procedure resumes.
(d)
Sharps
ready for disposal shall be disposed of in approved sharps containers.
(e)
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 marked with the international biohazard symbol.
It shall then be disposed of by a waste hauler approved by the department.
(f)
Contaminated
waste which does not release liquid blood or body fluids when compressed
or does not release dried blood or body fluids when handled may be
placed in a covered receptacle and disposed of through approved disposal
methods. Storage of contaminated waste on-site shall not exceed the
period specified by the department or more than a maximum of 30 days.
(g)
The
skin of the operator shall be free of rash, infection, or any other
visible pathological condition. No person affected with boils, infected
wounds, open sores, abrasions, exudative lesions, acute respiratory
infection, nausea, vomiting, or diarrhea shall work in any area of
a body art establishment in any capacity.
(h)
All
non-disposable instruments used for body art shall be cleaned thoroughly
after each use by scrubbing with an antimicrobial soap solution and
hot water or with an approved disinfectant to remove blood and tissue
residue, and then placed in an ultrasonic unit which will be operated
in accordance with manufacturer’s instructions. A copy of the
manufacturer’s recommended procedures for operation of the unit
must be readily available for inspection on the premises by employees
and by the department.
(i)
After
cleaning, all non-disposable instruments used for body art shall be
packed individually in paper peel-packs and sterilized. All paper
peel-packs shall contain either a sterilizer indicator or internal
temperature indicator. Paper peel-packs must be dated and initialed
by the individual responsible for cleaning and sterilizing equipment,
with an expiration date not to exceed 30 days. Sterile equipment may
not be used after the expiration date without repackaging and resterilizing.
(j)
All
non-disposable instruments used for body art shall be sterilized in
an autoclave or in a dry heat sterilizer if approved by the department.
The sterilizer shall be used, cleaned, and maintained according to
manufacturer’s instruction. A copy of the manufacturer’s
recommended procedures for the operation of their sterilization unit
must be readily available for inspection on the premises by employees
and by the department.
(k)
A permittee
shall demonstrate monthly that the sterilizer used is capable of attaining
sterilization through spore destruction tests. These tests shall be
verified through an independent laboratory at least once per year.
No permit shall be issued or renewed until the department receives
documentation of the sterilizer’s ability to destroy spores.
Monthly test records and laboratory verification shall be retained
by the operator for a period of three years and made available to
the department upon request.
(l)
After
sterilization, the instrument used for body art shall be stored in
a dry, clean cabinet or other tightly covered sanitizable container
reserved for the storage of such instruments.
(m)
All
instruments used for body art shall remain stored in sterile packages
until just prior to performing a body art procedure. When assembling
instruments used for performing body art procedures, the operator
shall wear disposable medical gloves and use techniques to ensure
that the instruments and gloves are not contaminated.
(n)
All
inks, dyes, pigments and sharps shall be specifically manufactured
for performing body art procedures and shall not be adulterated or
contaminated. Immediately before applying a tattoo, the quantity of
the dye to be used for the tattoo shall be transferred from the dye
bottle and placed into sterile, single use paper cups or plastic caps.
Upon completion of the tattoo, these single cups or caps and their
contents shall be discarded.
(o)
Smoking,
eating, or drinking is prohibited in the area where body art is performed.
(2001 Code, sec. 26-808; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
Single
use pre-sterilized items shall expire in accordance with the manufacturer’s
expiration date. All paper peel-packs shall contain either a sterilizer
indicator or internal temperature indicator. Paper peel-packs must
be dated and initialed by the individual responsible for cleaning
and sterilizing equipment, with an expiration date not to exceed 30
days. Sterile equipment may not be used after the expiration date
without repackaging and resterilizing.
(b)
Single
use items shall not be used on more than one client for any reason.
After use, all single use needles, razors, rubber bands and other
sharps shall be immediately disposed of in approved sharps containers.
(c)
All
body art stencils shall be single use and disposable. Petroleum jellies,
soaps and other products used in the application of stencils shall
be dispensed and applied on the area to be tattooed with sterile gauze
or in a manner to prevent contamination of the original container
and its contents. The gauze shall be used only once and then discarded.
(2001 Code, sec. 26-809; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
All
walls, floors, and procedure and seating surfaces of a body art establishment
shall be of such construction as to be easily cleaned and sanitized
after each client. Walls, floors, and procedure and seating surfaces
shall be smooth, non-absorbent, free of open holes or cracks, light-colored,
washable, and in good repair. Walls, floors, procedure and seating
surfaces and ceilings shall be maintained in a clean condition. Procedure
and seating surfaces shall be sanitized after each client.
(b)
Effective
measures shall be taken by the body art operator to protect the entrance
into the establishment to prevent the breeding or presence on the
premises of insects, rodents, and other pests. Insects, rodents, and
other pests shall not be present in any part of the establishment.
Insects, rodents, and other pests shall be controlled to minimize
their presence:
(c)
The
presence of insects, rodents, and other pests shall be controlled
by:
(d)
Dead
or trapped birds, insects, rodents, and other pests shall be removed
from control devices and the premises at a frequency that prevents
their accumulation, decomposition, or the attraction of pests.
(f)
The
premises shall be free of litter and items that are unnecessary to
the operation or maintenance of the establishment such as equipment
that is nonfunctional or no longer used.
(g)
No
animals of any kind shall be allowed in a body art establishment except:
(h)
There
shall be a minimum of 75 square feet of floor space for each operator
in the establishment, and body art stations shall be separated by
dividers, curtains or partitions. Each establishment shall have an
area which may be screened from public view for clients requesting
privacy.
(i)
The
establishment shall be well-ventilated and equipped with an artificial
light source equivalent to at least 20 footcandles, measured three
feet off the floor, for cleaning. At least 100 footcandles shall be
provided at the level where the body art procedure is being performed,
and where instruments and sharps are assembled.
(j)
All
body art establishments shall be completely separated by solid partitions
or by walls extending from floor to ceiling from hair salons, retail
sale establishments, or any other such activity which may cause potential
contamination of work surfaces.
(k)
Outer
openings of a body art establishment shall be protected against the
entry of insects and rodents by:
(l)
If a body art establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents as per subsection (k) of this section, this shall be deemed to comply with subsection (k) of this section.
(m)
If the windows or doors of a body art establishment, or of a larger structure within which a body art establishment is located, are kept open for ventilation or other purposes, the openings shall be deemed to comply with subsection (k) of this section if they are protected against the entry of insects and rodents by:
(n)
The
perimeter walls and roof of a body art establishment shall effectively
protect the establishment from the weather and the entry of insects,
rodents, and other animals.
(o)
A separate
hand sink with available hot and cold running water under pressure,
supplied with liquid antimicrobial soap and disposable paper towels,
shall be readily accessible within the body art establishment for
each operator. In addition, there shall be at least one lavatory,
excluding any service sinks, and one toilet in a body art establishment.
(p)
At
least one covered waste receptacle and one sharps receptacle shall
be provided in each operator area and one covered waste receptacle
shall be provided in each toilet room. Receptacles in the operator
area shall be emptied daily and solid waste shall be removed from
the premises at least twice weekly. All refuse containers shall be
lidded and kept clean and all bio-hazard items shall be appropriately
marked.
(q)
All
instruments and supplies shall be stored in clean, dry, and covered
containers.
(r)
If
reusable cloth items are used, they shall be mechanically washed after
each client. Soiled cloth items shall be kept in clean, non-absorbent
receptacles or clean, washable laundry bags and stored and transported
to prevent contamination of clean equipment, clean instruments, and
single-use articles. Reusable cloth items shall be mechanically washed
with detergent and dried. Clean cloth items shall be stored in a dry,
clean environment until used.
(2001 Code, sec. 26-810; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
No
person may operate a body art establishment unless he has received
a body art establishment permit from the department.
(b)
A permit
shall expire one year from the issuance of the permit. Any person
operating a body art establishment shall obtain a permit from the
department annually.
(c)
Any
person applying for a body art establishment permit shall submit a
scale drawing and floor plan of the proposed establishment for a plan
review by the department as part of the original permit application
process. Permit renewals must be accompanied by such a drawing if
the floor plan changes from the plan submitted with the original application.
(d)
A permit
for a body art establishment shall not be transferable from one place
or person to another.
(e)
Permits
shall be prominently displayed in the body art establishment and shall
not be defaced or altered in any manner.
(f)
The
holder of a body art establishment permit shall only permit the performance
of body art in the establishment by operators who have complied with
the operator license or apprenticeship program requirements of this
article.
(2001 Code, sec. 26-811; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
It
shall be unlawful for a person to practice body art procedures without
first obtaining a license from the director. The director shall determine
by investigation whether the applicant is a proper person to receive
a license. If the director shall find that the applicant is not sufficiently
skilled in the practice of body art, has been guilty of negligence
or misconduct therein to such extent that the health or safety of
persons serviced by him would be endangered, or is not over the age
of 18, the director shall refuse to approve the license. The available
licenses are:
(b)
The
director shall issue the license required under this article for a
period of one year from the date of approval. The license may be renewed
from year to year upon the filing of a renewal application, and upon
payment of a renewal fee.
(c)
The
operator license shall be valid from the date of issuance and shall
automatically expire annually at the anniversary from the date of
issuance unless revoked sooner by the department.
(d)
An
application for an operator license shall include:
(e)
Knowledge
of facility safety, anatomy, infectious disease control, and skin
diseases, disorders and conditions shall be demonstrated through submission
of documentation of completion of courses or successful completion
of an examination approved or given by the department with a passing
grade of 70, attained prior to issuance of the operator license. The
department will maintain a list of courses approved for this purpose.
Training provided by professional body art organizations or associations
or by equipment manufacturers may also be submitted for consideration
to comply with this requirement. The director shall make the final
determination as to whether an applicant’s training, coursework,
or examination suitably demonstrates the required knowledge.
(f)
No
operator license shall be issued unless the body art operator has
demonstrated compliance with the provisions of this section and all
other provisions of this article.
(g)
All
operator licenses shall be conditioned upon continued compliance with
the provisions of this section as well as all applicable provisions
of this article.
(h)
An
operator license shall be posted in a prominent and conspicuous area
where clients may readily observe it.
(2001 Code, sec. 26-812; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
A person
interested in learning the profession of body art may make application
to the director for a body art apprentice license. An application
for a body art apprentice license shall contain:
(1)
Name;
(2)
Date of birth;
(3)
Sex;
(4)
Residence;
(5)
Mailing address;
(6)
Home phone number;
(7)
Proof of attendance at a bloodborne pathogen training program, given
or approved by the department;
(8)
An apprenticeship agreement, signed by both the sponsor and the person
applying to be an apprentice; and
(9)
Proof of the completion of any other requirements the director shall
deem necessary prior to allowing the person to become an apprentice.
(b)
An
apprenticeship agreement shall not be sufficient for the purposes
of this article unless it contains:
(1)
The name, operator license number, and place of employment of the
sponsor;
(2)
All locations where the apprentice will participate in training;
(3)
The duration of the apprenticeship, to be for a period of at least
one year;
(4)
Whether the apprentice will be paid during the apprenticeship, and
whether the apprentice will be an employee or an independent contractor;
(5)
A statement that both the apprentice and the sponsor agree to comply
with all applicable state and local laws regarding body art.
(c)
No
body art operator shall sponsor more than two apprentices at any given
time.
(d)
When
performing body art, an apprentice will clearly identify himself to
the client and the client’s parent, managing conservator or
guardian if the client is a minor, and shall have the client sign
a written statement demonstrating the client’s awareness that
the body art procedure will be performed by an apprentice.
(e)
The
director is authorized to promulgate such rules as shall be reasonable
and necessary to carry out a body art apprenticeship program.
(2001 Code, sec. 26-813; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
The
director may grant a temporary body art license to a person rather
than requiring that person to obtain a body art operator license under
the following circumstances:
(1)
The director has determined that the applicant for a temporary body
art license has been qualified by another jurisdiction to perform
body art, and that the requirements to be so qualified by that jurisdiction
are commensurate with those for a body art operator license under
this article;
(2)
The applicant for a temporary body art license is sponsored by a
body art operator licensed under this article;
(3)
The applicant will be performing body art only at a permitted body
art establishment where the sponsoring licensed body art operator
is presently employed; or
(4)
The applicant is part of an approved temporary event.
(5)
The temporary body art license shall be good for a period of no longer
than seven days; and
(6)
The director is satisfied that the circumstances under which the
applicant for a temporary body art license will perform body art conform
to the requirements of this article and state law.
(b)
In
determining whether the issuance of a temporary body art license is
appropriate, the public health and safety shall be the primary concern
of the director. Nothing in this section shall be construed as requiring
the director to issue a temporary body art license.
(c)
All
provisions of this article shall apply to temporary events except
when listed otherwise.
(d)
Any
person making application for a temporary body art event shall provide
any and all such information as the director may deem necessary to
assist him in determination whether the issuance of the license is
appropriate with a list of artist and their applications 30 days before
the event with fees on a form provided by the Health District so that
experience of the artist can be verified:
(1)
The applicant is licensed by the State of Texas;
(2)
The applicant shall submit a drawing of the floor plan of the event
space;
(3)
There shall be a minimum of 50 square feet of floor space for each
operator (Two operators per 100 sq. ft. space) in the event, and stations
shall be separated by dividers, curtains or partitions at least three
feet high;
(4)
An approved hand wash station must be provided with-in ten feet of
every booth with no barriers between the booth and the sink. The station
must have 100°F water, soap, disposable paper towels, trash can,
enclosed fresh & waste water catch tank;
(5)
There shall be an area which may be screened from public view for
clients requesting privacy;
(6)
There shall be at least one sharp container per booth adequate in
size for needles;
(7)
There shall be at least one biohazard container per booth adequate
in size for hazardous waste.
(e)
Any
person making application for a temporary body art permit shall provide
any and all such information as the director may deem necessary to
assist him in determination whether the issuance of the permit is
appropriate:
(1)
Any person that has been denied a license or permit previously from
the WFWCPHD may not be granted a temporary license;
(2)
Temporary artist permit shall last for no longer than seven consecutive
days;
(3)
No more than four temporary artist permits will be issued in a continuous
12 month period;
(4)
Artist must use all pre-sterilized disposable equipment, unless the
organizer provides a decontamination/sterilization area equipped with
an ultrasonic cleaner and medical grade autoclave;
(5)
All artists must provide a current copy of blood borne pathogen training;
(6)
Must provide a copy of aftercare instructions to clients;
(7)
No reusable cloth items will be allowed.
(2001 Code, sec. 26-814; Ordinance 11-2012, sec. 1, adopted 3/6/12; Ordinance 50-2017, sec. 2, adopted 12/5/17)
(a)
It
shall be unlawful for any person to perform any body art procedure
upon a person under the age of 18 years without the presence, consent,
and proper identification of a parent, managing conservator or guardian.
Nothing in this section is intended to require an operator to perform
any body art procedure on a person under 18 years of age even with
the consent of a parent, guardian or managing conservator. It shall
be unlawful for any person to tattoo upon a person under the age of
18 years, regardless of parental consent, except in accordance with
V.T.C.A., Health and Safety Code sec. 146.012 as amended.
(b)
It
shall be unlawful to perform body art on a person who the operator
has reason to suspect is under the influence of alcohol or drugs.
(c)
It
shall be unlawful to perform, own, operate, or solicit business as
a body art establishment, or operator without first obtaining all
necessary permits, licenses and approvals from the department.
(d)
It
shall be unlawful to obtain or attempt to obtain any body art establishment
permit or operator license by means of fraud, misrepresentation, or
concealment.
(e)
It
shall be unlawful to perform upon a person branding, scarification,
or implants under the skin, unless the procedure is considered a medical
procedure by a state medical board and is performed by a licensed
physician.
(f)
Mobile
units are not allowed.
(g)
It
shall be unlawful for any person to perform body art procedures unless
such procedures are performed in a body art establishment with a current
permit.
(2001 Code, sec. 26-815; Ordinance 11-2012, sec. 1, adopted 3/6/12; Ordinance 50-2017, sec. 2, adopted 12/5/17)
(a)
Permits
and licenses issued under the provisions of this article may be suspended
by the department for failure of the holder to comply with the requirements
of this article.
(b)
Whenever
a permit or license holder has failed to come into compliance with
this article after receipt of a notice issued informing him of his
failure to comply with the requirements of this article, he must be
notified in writing that the permit or license is immediately suspended.
The notice must also contain a statement informing the permit or license
holder that an opportunity for a hearing will be provided if a written
request for a hearing is filed with the department within ten days.
(c)
Any
person whose permit or license has been suspended may, at any time,
make written request for reinstatement of the permit or license. Such
application shall include a statement signed by the applicant that
in his opinion the conditions causing the suspension have been corrected.
Within ten days following receipt of a written request, the department
shall reinspect the body art establishment or evaluate documentation
provided by the permittee or licensee. If the director determines
that the applicant is complying with the provisions of this article,
the permit or license will be reinstated.
(d)
For
serious or repeated violations of any of the requirements of this
article or for interference with the department in the performance
of its duties, the permit or license may be permanently revoked after
an opportunity for a hearing has been provided by the department.
Before taking such an action, the department shall notify the permit
or license holder or operator in writing, stating the reasons for
which the permit or license is subject to revocation and advising
the permit or license holder or operator of the requirements for filing
a request for a hearing. A permit or license may be suspended for
cause, pending its revocation or a hearing relative thereto.
(e)
The
department may permanently revoke a permit or license after ten days
following service of the notice unless a request for a hearing is
filed with the department by the permit or license holder within ten
days of notice.
(f)
A notice
as required in this section is properly served when it is delivered
to the holder of the permit or license or when it is sent by a registered
or certified mail, return receipt request, to the last known address
of the holder of the permit or license. A copy of the notice shall
be filed in the records of the department.
(g)
The
hearings provided for in this section will be conducted by the director
at a time and place designated by the department. Based upon the record
of the hearing, the director shall make a finding and may sustain,
modify, or rescind any official notice or order considered in the
hearing. The department within 20 days will furnish a written report
of the hearing decision to the permit or license holder.
(h)
Other
licensing authorities will be notified by the department of the revocation
of any permit or license.
(2001 Code, sec. 26-816; Ordinance 11-2012, sec. 1, adopted 3/6/12)
(a)
It
shall be a Class C misdemeanor punishable by a fine not to exceed
$2,000.00 for any violation of or failure to perform any duty required
by this article.
(b)
Inspections
will be conducted as often as necessary during a body art establishment’s
normal working hours or by appointment at non-working hours throughout
the year to ensure compliance with this article.
(c)
It
is unlawful for any person to interfere with the department or its
agents in the performance of its duties.
(d)
A copy
of the inspection report must be furnished to the permit holder of
the body art establishment, with the department retaining possession
of the original.
(e)
If,
after investigation, the director should find that a permittee or
licensee is in violation of this article, he may, as an alternative
to suspension or revocation, advise the permittee or licensee in writing
of his findings and instruct the permittee or licensee to take specific
steps to correct such violations within a period of time not to exceed
30 days.
(f)
If
the director has reason to suspect that a communicable disease may
be transmitted by an operator, use of unapproved or malfunctioning
equipment, or unsanitary or unsafe conditions, the director, upon
written notice to the licensee or permittee, is authorized to take
any or all of the following actions:
(1)
Issue an order stating the cause for the action and restricting any
or all operators from the body art establishment and from performing
any body art procedure until the director determines there is no further
risk to public health.
(2)
Issue an order stating the cause for the action and immediately suspending
the permit of the body art establishment until the director determines
there is no further risk to the public health.
(g)
Nothing
in this article shall be construed to require an operator to perform
any body art procedure upon a client.
(2001 Code, sec. 26-817; Ordinance 11-2012, sec. 1, adopted 3/6/12)
