[HISTORY: Adopted by the Board of Supervisors of Adams County 8-18-1998 by Ord. No. 18-1998. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Adams County Public Health Unit of the Adams County Health and Human Services Department.
- A chemical that kills or inhibits the growth of organisms on skin or living tissue.
- Acceptable to the Department based on its determination of conformance with this chapter and good public health practices.
- An apparatus that is registered and listed with the federal Food and Drug Administration for sterilizing articles by using superheated steam under pressure.
- BODY PIERCE
- As a verb, means to perforate any human body part or tissue, except an ear, and to place a foreign object in the perforation to prevent the perforation from closing.
- BODY PIERCER
- A person who performs body piercing on another person at that person's request.
- BODY PIERCING
- Perforating any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing.
- BODY PIERCING ESTABLISHMENT
- The premises where a body piercer performs body piercing.
- The removal of foreign material from objects, normally accomplished with detergent, water, and mechanical action.
- A chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.
- HOT WATER
- Water at a temperature of 110° F. or higher.
- The owner or person responsible to the owner for the operation of a tattoo or body piercing establishment.
- A person receiving a tattoo or body piercing.
- A tattooist or body piercer.
- A building, structure, area, or location where tattooing or body piercing is performed.
- SHARPS WASTE
- Waste that consists of medical equipment or clinical laboratory articles that may cause punctures or cuts, such as hypodermic needles, syringes with attached needles, and lancets, whether contaminated, unused, or disinfected.
- SINGLE USE
- A product or item that is disposed of after one use, such as a cotton swab, a tissue or paper product, a paper or soft plastic cup, or gauze or other sanitary covering.
- The killing of all organisms and spores through use of autoclave operated at a minimum of 250° F. (121° C.) at pressure of at least 15 pounds per square inch for not less than 30 minutes or through use of an autoclave approved by ACPH that is operated at different temperature and pressure levels but is equally effective in killing all organisms and spores.
- As a verb, means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.
- TATTOO ESTABLISHMENT
- The premises where a tattooist applies a tattoo to another person.
- A person who tattoos another person at that person's request.
- TEMPERED WATER
- Water ranging in temperature from 85° F. to less than 110° F.
- TEMPORARY ESTABLISHMENT
- A single building, structure, area or location where a tattooist or body piercer performs tattooing or body piercing for a maximum of seven days per event.
Application for establishment license.
Requirement. No person may operate a tattoo establishment or body piercing establishment or a combined tattoo and body piercing establishment in Adams County unless he or she has obtained a license for the establishment from ACPH by application made upon a form furnished by ACPH or the Department. An application submitted to the ACPH shall be accompanied by the fee required under Subsection A(2).
Fees. The operator of tattoo establishment or body piercing establishment or a combined tattoo and body piercing establishment shall pay an annual license fee to the ACPH as follows:
For a body piercing establishment: $150.
For a tattoo establishment: $150.
For a combined tattoo and body piercing establishment: $200.
For a temporary tattoo or body piercing establishment or a temporary combined tattoo and body piercing establishment: $125 per event.
For inspection of new establishment, a pre-inspection fee of $100.
Application for practitioner license.
Requirement. No person may tattoo or body pierce another person, use or assume the title of tattooist or body piercer or designate or represent himself or herself as a tattooist or body piercer in Adams County unless the person has obtained a license from ACPH by application made upon a form furnished by ACPH or the Department. An application submitted to ACPH shall be accompanied by the fee required under Subsection B(2).
Action by the ACPH.
Within 30 days after receiving a completed application for a license, ACPH shall either approve the application and issue a license or deny the application.
The ACPH shall not issue a license to a new tattoo or body piercing establishment or a new operator at an existing establishment without completing a prior inspection of the establishment to ensure that the establishment complies with the requirements of this chapter.
Display of license. The operator of a tattoo or body piercing establishment shall conspicuously display in the establishment the licenses issued by ACPH for the establishment and for all practitioners working in the establishment.
Change of operator. The operator of a tattoo or body piercing establishment shall promptly notify ACPH of his or her intention to cease operations and shall supply ACPH with the name and mailing address of any new operator. A license is not transferable. A new operator shall submit an application under Subsection A for a new license.
Consent. A tattooist or body piercer may not tattoo or body pierce a patron without first obtaining the signed, informed consent of the person on a form approved by ACPH or the Department.
No person under 16 years of age may be body pierced.
No person age 16 or 17 may be body pierced unless an informed consent form has been signed by his or her parent or legal guardian in the presence of the operator.
No person under 18 years of age may be tattooed except by a physician in the course of the physician's professional practice, as permitted under § 948.70(3), Wis. Stats.
A body piercing establishment shall post a notice in a conspicuous place in the establishment stating that it is illegal to body pierce a person under the age of 18 without the signed, informed consent of that person's parent or legal guardian.
A tattoo establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of 18 may be tattooed.
Records. Every tattooist and body piercer shall keep a record of each patron. A patron's record shall include the patron's name, address, age and consent form, the name of the practitioner doing the procedure and any adverse effects arising from the procedure. A patron's record shall be retained for a minimum of two years following completion of the procedure.
Floors. Floors in the area where tattoo or body piercing procedures are performed shall be constructed of smooth, durable and nonporous material and shall be maintained in a clean condition and in good repair. Carpeting is prohibited.
Walls and ceilings. Walls and ceilings in the area where tattoo and body piercing procedures are performed shall be light-colored, smooth and easily cleanable.
Lighting. Tattoo and body piercing application areas shall maintain a minimum illumination of 50 footcandles.
Premises. The premises and all facilities used in connection with the premises shall be maintained in a clean, sanitary and vermin-free condition.
Living areas. Tattoo and body piercing areas shall be completely separated from any living quarters by floor-to-ceiling partitioning and solid doors which are kept closed during business hours. A direct outside entrance to the tattoo or body piercing establishment shall be provided.
At least one handwashing facility shall be conveniently located in the tattoo or body piercing area, in addition to what is provided in the toilet room.
Antibacterial soap in a dispenser and single-service towels for drying hands shall be provided at all handwashing facilities.
Hot and cold potable water under pressure shall be available at all handwashing facilities, except that tempered water rather than hot water may be provided.
Refuse. Easily cleanable waste containers with nonabsorbent, durable plastic liners shall be used for disposal of all tissues, towels, gauze pads, and other similar items used on a patron. Infectious waste, including sharps waste, shall be stored and disposed of in an approved manner consistent with Subchapter II of Ch. NR 526, Wis. Adm. Code.
Equipment storage. Instruments, dyes, pigments, stencils, and other tattoo and body piercing equipment shall be stored in closed cabinets exclusively used for that purpose.
Privacy. A panel or other barrier of sufficient height and width to effectively separate a patron on whom a procedure is being performed from any unwanted observers or waiting patrons shall be in place or readily available at the patron's request.
Smoking and eating prohibited in area of procedure. No smoking or consumption of food or drink is permitted in the area where a tattoo or body piercing procedure is performed, except that clients may consume a nonalcoholic beverage during the procedure.
Animals prohibited in establishment. No animals, except for those that provide services to persons with disabilities, are permitted in a tattoo or body piercing establishment.
Absence of skin condition. No tattooist or body piercer with an exposed rash, skin lesion, or boil may engage in the practice of tattooing or body piercing.
Restriction. No tattooist or body piercer may work while under the influence of alcohol or a mind-altering drug.
Tattooists and body piercers shall thoroughly wash their hands and the exposed portions of their arms with dispensed soap and tempered water before and after each tattoo or body piercing procedure and more often as necessary to keep them clean.
Tattooists and body piercers shall dry their hands and arms with individual single-service towels.
Tattooists and body piercers shall maintain a high degree of personal cleanliness and shall conform to good hygiene practices during procedures.
Clothing. All tattooists and body piercers shall wear clean, washable outer clothing.
When preparing the skin and during a procedure, a tattooist or body piercer shall wear nonabsorbent gloves which shall be disposed of after completing the procedure.
If interrupted during a procedure, a tattooist or body piercer shall rewash his or her hands and put on new gloves if the interruption required use of hands.
Tattooists shall use single-use plastic covers to cover spray bottles or other reusable accessories to minimize the possibility of transmitting body fluids or disease during application of tattoos to successive patrons.
Disposable-type razors shall be for single use only and disposed of in accordance with Ch. NR 526, Wis. Adm. Code. Electric razor used for skin preparation prior to a procedure shall have screens cleaned and disinfected between patron use.
Petroleum jelly used for applying stencils shall be dispensed from a single-use disposable container or with a clean single-use tongue blade or sterile applicator stick which shall be discarded after each use.
Body piercing needles shall be disposable, sterile and for single-patron use only. Tattoo needles may be reused if cleaned, sterilized, and stored in an approved manner between patrons. Body piercing jewelry shall be cleaned, individually packaged, and sterilized prior to use.
All surfaces, counters, and general use equipment in the tattoo or body piercing area shall be cleaned and disinfected before a patron is seated. The operating table, chair, and supply tables shall be constructed of a material capable of being easily and thoroughly cleaned.
All inks and pigments shall be obtained from sources generally recognized as safe. Information indicating the sources of all inks and pigments shall be available to the Department or agent upon request. Sterile single-use or sterile individual containers of pigment or ink shall be used for each patron. No pigment or ink in which needles were dipped may be used on another person. Pigment and ink cups shall be for single-patron use. All bulk materials used for a procedure shall be dispensed with single-use utensils. The remainder of dispensed portions shall be disposed of after application.
Needles, bars, and tubes shall be constructed in a manner that permits easy cleaning and sterilizing.
Acetate tattoo stencils shall be single use.
After each use, tattooing and body piercing equipment shall be cleaned to remove blood and tissue residue before sterilization.
Reusable needles, tubes, and body piercing equipment shall be placed in a covered stainless steel container of cleaning or disinfectant solution until they can be cleaned and sterilized.
All containers holding contaminated needles, tubes, reusable body piercing equipment and container lids shall be cleaned and disinfected at least daily.
The tattoo machine shall be cleaned and disinfected before each use.
Gloved personnel shall clean needles and tubes prior to sterilization by doing all of the following:
Manually pre-cleaning the item with care taken to ensure removal of residue; thoroughly rinsing the items with warm water and then draining the water; cleaning the items by soaking them in a protein-dissolving detergent-enzyme cleaner used according to manufacturer's instructions; and cleaning the items further in an ultrasonic cleaning unit which operates at 40 to 60 hertz and is used according to the manufacturer's instructions.
Rinsing and drying the items.
Prior to autoclaving, all needles and tubes shall be packaged either individually or in quantities appropriate for individual procedures. Packages shall be identifiable and dated.
Equipment requiring sterilization shall be pressure-sterilized at the establishment in an autoclave and in accordance with the manufacturer's instructions.
Each batch of sterilized equipment shall be monitored for sterilization by use of heat-sensitive indicators capable of indicating approximate time and temperature achieved.
Autoclaves shall be spore tested at least monthly. Spore kill test effectiveness shall be conducted by an independent laboratory.
Sterilized equipment shall be wrapped or covered and stored in a manner which will ensure that it will remain sterile until used.
Each tattoo or body piercing establishment shall maintain sterilization records, including spore tests, for at least one year from the date of the last entry, which shall include the following information:
Sterilized equipment shall be resterilized if the package is opened, damaged, or becomes wet.
All methods of sterilization other than autoclaving are prohibited.
Preparation by practitioner. Before beginning a procedure, the tattooist or body piercer shall clean the skin area for the tattooing or piercing and then prepare it with an antiseptic. The solution shall be applied with cotton, gauze, or single-use toweling.
Care instructions for patron. After completing a procedure, the tattooist or body piercer shall provide the patron with oral and written instructions on the care of the tattoo or pierce.
In addition to requirements under §§ 325-1 through 325-8 that apply to all tattoo and body piercing establishments, the following requirements apply specifically to temporary establishments:
No temporary establishment may be operated without a license granted by the ACPH. Application for a temporary license shall be made under § 325-2.
No temporary license may be issued without a prior inspection.
A temporary establishment's license along with the license of each on-staff tattooist or body piercer shall be conspicuously displayed in the temporary establishment.
An operator of a temporary establishment whom ACPH or the Department has found to repeatedly violate any provision of this chapter may be denied a license to operate the establishment or may have the license revoked.
Access. An authorized employee or agent of ACPH, upon presenting proper identification, shall be permitted to enter any tattoo or body piercing establishment at any reasonable time to determine if the establishment and the practitioners are in compliance with this chapter. The authorized employee or agent shall be permitted to examine the records of the establishment to obtain information about supplies purchased, received, or used and information relating to patrons who received tattoos or body piercings.
Order to correct violations. If upon inspection of a tattoo or body piercing establishment the authorized employee or agent of ACPH finds that the tattoo or body piercing establishment is not planned, equipped, or operated as required by this chapter, the employee or agent shall notify the operator in writing. The notice shall include an order that directs the operator to make specified changes that will bring the establishment into compliance with standards established in this chapter and that stipulates the time period within which compliance is to take place. If the order to correct violations is not carried out by the expiration of the time period stipulated in the order, or any reasonable extension of time granted for compliance, ACPH may issue an order suspending or revoking the license to operate the tattoo or body piercing establishment or the practitioner's license, or both.
Order to deal with an immediate danger to public health. If there is reasonable cause to believe that any construction, sanitary condition, operation of the premises or of equipment or a procedural practice creates an immediate danger to health, an authorized employee or agent of ACPH may refer the matter to the Department for issuance of a temporary order to remove the immediate danger to health pursuant to § SPS 221.06(3), Wis. Adm. Code.
Injunctions. Violations of this chapter are deemed to cause irreparable harm and may be enjoined by any court having jurisdiction, in addition to any other remedy provided by this chapter or other applicable law.
Each day or partial day on which a violation occurs shall constitute a separate violation.