A licensee shall not post a pocket identification card in lieu of a license.
Each establishment shall be subject to inspection by the board or its designee, in order to investigate a specific complaint filed with the board, or to investigate any suspected violation of sanitary rules and regulations or other violations of the act. An inspection generated by a complaint shall be authorized by the board or its executive director at any time, subject to the following limitations: 1.
Inspections shall be made only between the hours of a.
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Inspections shall be conducted by the board members, the executive director, employees, or agents of the board. Each licensed cosmetic tattoo artist, tattoo artist, and body piercer shall participate in continuing education according to the following requirements: a. Each individual shall biennially complete five clock-hours, either as one unit or a combination of units, not less than one hour each. Each individual who fails to renew the license before its expiration shall meet the additional continuing education requirements pursuant to K.
Continuing education courses shall be of the same subject matter relating to the practice as the required curricula for training as a cosmetic tattoo artist, tattoo artist, and body piercer and shall consist of either of the following: 1. Participation in or attendance at an instructional program approved by the board; or 2.
Each licensee seeking credit for attendance at or participation in an educational program that was not previously approved by the board shall submit to the board a request for credit, which shall include the following information: 1. The location of the program; 2. Each tattoo licensee, cosmetic tattoo licensee, and body piercing licensee shall submit to the board the renewal application, renewal fee, and proof of five clock-hours of the required continuing education as a condition of renewal biennially.
Proof of completion of the required continuing education shall consist of either of the following: 1. Submission to the board of evidence documenting attendance at a meeting of the board; or 2. The five clock-hours of continuing education shall be accumulated only in the most recent renewal period.
The licensee shall retain the proof of continuing education until submitting the proof to the board at the time of renewal. Hours of continuing education in excess of the requirement for renewal shall not be carried forward. Each violation found in the common area shall be cited against all establishment licenses issued and posted on the premises.
A partial change in the ownership of any establishment license may be allowed if at least one original owner remains. Cosmetic tattoo artists, tattoo artists, and body piercers shall not practice at any location other than a licensed establishment. Each licensee shall keep an individual record of each client for at least five years. Each record shall include the name and address of the client, the date and duration of each service, the type of identification presented, and the type of services provided. Diabetes; 2. Each licensee shall give aftercare instructions to the client, both verbally and in writing after every service.
Each licensee providing tattoo or cosmetic tattoo services for corrective procedures shall take photographs before and after service.
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These photographs shall be maintained according to subsection b. Each licensee shall purchase ink, dyes, or pigments from a supplier or manufacturer.
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No licensee shall use products banned or restricted by the United States food and drug administration FDA for use in tattooing and permanent color. A licensee shall not perform tattooing or body piercing for any of the following individuals: 1. A person who is inebriated or appears to be incapacitated by the use of alcohol or drugs; 2.
Use of the piercing gun to pierce shall be prohibited on all parts of the body except the ear lobe. Use of personal client jewelry or any apparatus or device presented by the client for use during the initial body piercing shall be prohibited. Each establishment shall provide presterilized jewelry, apparatuses, or devices, which shall have metallic content recognized as compatible with piercing services. No licensee afflicted with an infectious or contagious disease, as defined in K.
No school or establishment shall knowingly require or permit a student or licensee to provide tattooing, cosmetic tattooing, or body piercing services for a person who has any infectious or contagious disease, as defined in K. All facilities shall meet the following criteria. All areas shall be kept clean and in good repair.
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All surfaces, including counters, tables, equipment, client chairs, or recliners, that are in treatment and sterilization areas shall be made of smooth, nonabsorbent, and nonporous material. Surfaces or blood spills shall be cleaned using an EPA-registered, hospital-grade disinfectant. The water and plumbing fixtures in the facility shall include easy access to a sink with hot and cold running water, as part of the surrounding premises or adjacent to the facility but separate from a public restroom.
Toilet facilities shall be kept clean and in good working order at all times. Each toilet shall have a handwashing sink and a soap dispenser with disposable towels or an air dryer for hands. The facility shall be equipped with adequate and sufficient artificial or natural lighting, providing at least 10 foot-candles of light at the work station or table, used at all times during which business is being conducted.
The facility shall be well ventilated with natural or mechanical methods that remove or exhaust fumes, vapors, or dust in order to prevent hazardous conditions from occurring or to allow the free flow of air in a room in proportion to the size of the room and the capacity of the room. A proprietor or person in charge of the facility may designate the entire area as a nonsmoking area. A designated smoking area means any area set aside by a proprietor or person in charge of a public place where tobacco smoking is permitted and where a sign indicates the same. No person shall smoke or carry any lighted smoking device in a public place except in designated smoking areas.
No facility shall be designated in its entirety as a smoking area. If a room used for residential purposes is the same room or adjacent to a room used for the practice of permanent color, tattooing, or body piercing, then a solid partition shall separate the premises used for residential purposes from the tattooing and piercing area.
The partition may contain a door, provided it remains closed, except for entering and leaving. If a room used for any business purposes other than permanent color, tattooing, or body piercing is the same room or is adjacent to a room used for the practice of permanent color, tattooing, or body piercing, then the board may require that one or more of the following requirements be satisfied if there are conditions that the board considers a possible threat to the health of the employees, the customers, or the public: 1. A solid partition shall separate the premises used for other business purposes from the permanent color, tattooing, or body piercing area.
The partition may contain a door, provided it remains closed except for entering and leaving. A separate outside entrance shall be provided for the facility. Pets or other animals shall not be permitted in the business facility.
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This prohibition shall not apply to registered therapy animals; trained guide animals for the disabled, sightless, or hearing impaired; or fish in aquariums. Each cosmetic tattoo artist or tattoo artist shall maintain the following equipment at the establishment: 1. A tattoo machine or hand pieces of nonporous material that can be sanitized; 2. Each body piercer shall maintain the following equipment at the establishment: 1. Single-use stainless steel needles; 2. Each practitioner shall clean all nonelectrical instruments prior to sterilizing by brushing or swabbing to remove foreign material or debris, rinsing, and then performing either of the following steps: 1.
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Immersing them in detergent and water in an ultrasonic unit that operates at 40 to 60 hertz, followed by a thorough rinsing and wiping; or 2. For all electrical instruments, each practitioner shall perform the following: 1. First remove all foreign matter; and 2. The practitioner shall place cleaned instruments used in the practice of tattooing or piercing in sterile bags, with color strip indicators, and shall sterilize the instruments by exposure to one cycle of an approved sterilizer, in accordance with K.
The provisions of this regulation shall not apply to electrical instruments. Instruments used in the practice of permanent color, tattoo artist services, or body piercing shall be sterilized, using one of the following methods: 1. In a steam or chemical autoclave sterilizer, registered and listed with the federal food and drug administration, and used, cleaned, and maintained according to manufacturer's directions; or 2. Practitioners shall sterilize all piercing instruments that have or may come in direct contact with a client's skin or be exposed to blood or body fluids.
Piercing needles shall not be reused. All piercing needles shall be single use. All sterilizing devices shall be tested on a regular basis for functionality and thorough sterilization by use of the following means: 1. Chemical indicators that change color, to assure sufficient temperature and proper functioning of equipment during the sterilization cycle; and 2.
This testing shall be performed every three months for tattoo and body piercing facilities.