[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.[1]
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.
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.
A person who performs body piercing on another person at
that person's request.
Perforating any human body part or tissue, except an ear,
and placing a foreign object in the perforation to prevent the perforation
from closing.
The premises where a body piercer performs body piercing.
The removal of foreign material from objects, normally accomplished
with detergent, water, and mechanical action.
The Wisconsin Department of Safety and Professional Services.[2]
A chemical that is capable of destroying disease-causing
organisms on inanimate objects, with the exception of bacterial spores.
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.
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.
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.
The premises where a tattooist applies a tattoo to another
person.
A person who tattoos another person at that person's request.
Water ranging in temperature from 85° F. to less than
110° F.
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.
A.
Application for establishment license.
(1)
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).
(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:
(a)
For a body piercing establishment: $150.
(b)
For a tattoo establishment: $150.
(c)
For a combined tattoo and body piercing establishment: $200.
(d)
For a temporary tattoo or body piercing establishment or a temporary
combined tattoo and body piercing establishment: $125 per event.
(e)
For inspection of new establishment, a pre-inspection fee of
$100.
B.
Application for practitioner license.
(1)
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).
C.
Action by the ACPH.
(1)
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.
(2)
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.
D.
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.
E.
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.
A.
Limitations.
(1)
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.
(2)
Minors.
(a)
No person under 16 years of age may be body pierced.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
B.
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.
A.
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.
B.
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.
C.
Lighting. Tattoo and body piercing application areas shall maintain
a minimum illumination of 50 footcandles.
D.
Premises. The premises and all facilities used in connection with
the premises shall be maintained in a clean, sanitary and vermin-free
condition.
E.
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.
F.
Toilet rooms.
G.
Handwashing facilities.
(1)
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.
(2)
Antibacterial soap in a dispenser and single-service towels for drying
hands shall be provided at all handwashing facilities.
(3)
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.
H.
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.
I.
Equipment storage. Instruments, dyes, pigments, stencils, and other
tattoo and body piercing equipment shall be stored in closed cabinets
exclusively used for that purpose.
J.
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.
K.
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.
L.
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.
A.
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.
B.
Restriction. No tattooist or body piercer may work while under the
influence of alcohol or a mind-altering drug.
C.
Personal cleanliness.
(1)
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.
(2)
Tattooists and body piercers shall dry their hands and arms with
individual single-service towels.
(3)
Tattooists and body piercers shall maintain a high degree of personal
cleanliness and shall conform to good hygiene practices during procedures.
D.
Clothing. All tattooists and body piercers shall wear clean, washable
outer clothing.
E.
Hygienic practice.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
A.
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.
B.
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.
C.
Needles, bars, and tubes shall be constructed in a manner that permits
easy cleaning and sterilizing.
D.
Acetate tattoo stencils shall be single use.
A.
Cleaning.
(1)
After each use, tattooing and body piercing equipment shall be cleaned
to remove blood and tissue residue before sterilization.
(2)
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.
(3)
All containers holding contaminated needles, tubes, reusable body
piercing equipment and container lids shall be cleaned and disinfected
at least daily.
(4)
The tattoo machine shall be cleaned and disinfected before each use.
(5)
Gloved personnel shall clean needles and tubes prior to sterilization
by doing all of the following:
(a)
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.
(b)
Rinsing and drying the items.
(6)
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.
B.
Sterilization.
(1)
Equipment requiring sterilization shall be pressure-sterilized at
the establishment in an autoclave and in accordance with the manufacturer's
instructions.
(2)
Each batch of sterilized equipment shall be monitored for sterilization
by use of heat-sensitive indicators capable of indicating approximate
time and temperature achieved.
(3)
Autoclaves shall be spore tested at least monthly. Spore kill test
effectiveness shall be conducted by an independent laboratory.
(4)
Sterilized equipment shall be wrapped or covered and stored in a
manner which will ensure that it will remain sterile until used.
(5)
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:
(6)
Sterilized equipment shall be resterilized if the package is opened,
damaged, or becomes wet.
(7)
All methods of sterilization other than autoclaving are prohibited.
A.
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.
B.
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:
A.
License.
(1)
No temporary establishment may be operated without a license granted by the ACPH. Application for a temporary license shall be made under § 325-2.
(2)
No temporary license may be issued without a prior inspection.
(3)
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.
(4)
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.
A.
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.
B.
Enforcement policy.
(1)
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.
(3)
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.
(4)
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.
