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Category: Tattoo Laws >> United States Tattoo Laws

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Wisconsin Tattoo Laws

State Of WisconsinWisconsin Tattoo Laws


Wisconsin 1999-2000 Statutes
CHAPTER 252 COMMUNICABLE DISEASES
252.23 Regulation of tattooists.

(1) DEFINITIONS. In this section:

(a) "Tattoo" has the meaning given in s. 948.70 (1) (b).

(b) "Tattoo establishment" means the premises where a tattooist performs tattoos.

(c) "Tattooist" means a person who tattoos another.

(2) DEPARTMENT; DUTY. Except as provided in ss. 250.041 and 252.241, the department shall provide uniform, statewide licensing and regulation of tattooists and uniform, statewide licensing and regulation of tattoo establishments under this section. The department shall inspect a tattoo establishment once before issuing a license for the tattoo establishment under this section and may make additional inspections that the department determines are necessary.

(3) LICENSE REQUIRED. Except as provided in sub. (5), no person may tattoo or attempt to tattoo another, designate or represent himself or herself as a tattooist or use or assume the title "tattooist" and no tattoo establishment may be operated unless the person and the establishment are licensed by the department under this section or by a local health department that is designated as the department's agent under s. 252.245.

(4) RULE MAKING. The department shall promulgate all of the following as rules:

(a) Except as provided in ss. 250.041 and 252.241, standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section.

(b) Standards for the performance of tattoos by a licensed tattooist and for the maintenance of a licensed tattoo establishment, which will promote safe and adequate care and treatment for individuals who receive tattoos and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.

(5) EXCEPTION. This section does not apply to a dentist who is licensed under s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person in the course of the dentist's or physician's professional practice.
History: 1995 a. 468; 1997 a. 191, 237.



Wisconsin 1999-2000 Statutes
CHAPTER 252 COMMUNICABLE DISEASES
252.245 Agent status for local health departments.

(1) In the administration and enforcement of ss. 252.23 and 252.24, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing licenses to and making investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue licenses, collect license fees established by rule under ss. 252.23 (4) (a) and 252.24 (4) (a) and make investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. If the department designates a local health department as its agent, the department or local health department may require no license for the same operations other than the license issued by the local health department under this subsection. If the designation is made and the services are furnished, the department shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area.

(2) A local health department designated as the department's agent under this section shall meet standards promulgated under ss. 252.23 (4) (a) and 252.24 (4) (a). The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department's agent fails to meet the standards, the department of health and family services may revoke its agent status.

(3) The department shall provide education and training to agents designated under this section to ensure uniformity in the enforcement of s. 252.23 or 252.24 and rules promulgated under s. 252.23 or 252.24

(4) Except as provided in sub. (4m), a local health department designated as the department's agent under this section shallestablish and collect the license fee for each tattooist or tattoo establishment and for each body piercer or body-piercing establishment. The local health department may establish separate fees for preinspections of new tattoo or body-piercing establishments, for preinspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooists and tattoo establishments or body piercers and body-piercing establishments, plus the state fee established under sub. (9).

(4m) A local health department designated as the department's agent under this section may contract with the department of health and family services for the department of health and family services to collect fees and issue licenses under s. 252.23 or 252.24. The department shall collect from the local health department the actual and reasonable cost of providing the services.

(5) If, under this section, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department of health and family services and the local health department shall divide any license fee paid by the licensee for that license year according to the proportions of the license year occurring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status.

(6) A village, city or county may enact ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this section, which are stricter than s. 252.23 or 252.24 or rules promulgated by the department of health and family services under s. 252.23 or 252.24. No such provision may conflict with s. 252.23 or 252.24 or with department rules.

(7) This section does not limit the authority of the department to inspect establishments in jurisdictional areas of local health departments that are designated as agents if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health department's licensing, inspection and enforcement program or at the request of the local health department.

(8) The department shall hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any interested person in the jurisdictional area of a local health department that is designated as the department's agent under this section appeals to the department of health and family services alleging that a license fee for a tattooist or tattooist establishment or for a body piercer or body-piercing establishment exceeds the license issuer's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooist or tattooist establishment or to the body piercer or body-piercing establishment.

(9) The department shall promulgate rules establishing state fees for its costs related to setting standards under ss. 252.23 and 252.24 and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health departments shall include the state fees in the license fees established under sub. (4), collect the state fees and reimburse the department for the state fees collected. For tattooists or tattoo establishments and for body piercers or body-piercing establishments, the state fee may not exceed 20% of the license fees established under s. 252.23 (4) (a) or 252.24 (4) (a).
History: 1995 a. 468.



Wisconsin 1999-2000 Statutes
CHAPTER 948 CRIMES AGAINST CHILDREN
948.70 Tattooing of children.

(1) In this section:

(a) "Physician" has the meaning given in s. 448.01(5).

(b) "Tattoo" 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.

(2) Subject to sub. (3), any person who tattoos or offers to tattoo a child is subject to a Class D forfeiture.

(3) Subsection (2) does not prohibit a physician from tattooing or offering to tattoo a child in the course of his or her professional practice.
History: 1991 a. 106.



WISCONSIN ADMINISTRATIVE CODE

* THIS DOCUMENT IS CURRENT THROUGH WIS. ADMN. REGISTER NO. 557, 05/31/02

DEPARTMENT OF HEALTH AND FAMILY SERVICES

CHAPTER HFS 173. TATTOOING AND BODY PIERCING

Wis. Adm. Code HFS 173.03 (2002)


HFS 173.03 Definitions

In this chapter:

(1) "Agent" means a local health department serving a population greater
than 5,000 which is designated by the department under a written agreement
authorized by s. 252.245 (1), Stats., to issue licenses to and make investigations or
inspections of tattooists, tattoo establishments, body piercers and body
--piercing establishments.

(2) "Antiseptic" means a chemical that kills or inhibits the growth of
organisms on skin or living tissue.

(3) "Approved" means acceptable to the department based on its
determination of conformance to this chapter and good public health practices.

(4) "Autoclave" means an apparatus that is registered and listed with the
federal food and drug administration for sterilizing articles by using
superheated steam under pressure.

(5) "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.

(6) "Body piercer" means a person who performs body piercing on another
person at that person's request.

(7) "Body piercing" means perforating any human body part or tissue,
except an ear, and placing a foreign object in the perforation to prevent the
perforation from closing.

(8) "Body--piercing establishment" means the premises where a body
piercer performs body piercing.

(9) "Cleaning" means the removal of foreign material from objects,
normally accomplished with detergent, water and mechanical action.

(10) "Department" means the Wisconsin department of health and family
services 

(11) "Disinfectant" means a chemical that is capable of destroying
disease--causing organisms on inanimate objects, with the exception of
bacterial spores.

(12) "Hot water" means water at a temperature of 110 [degrees] F. or higher.

(13) "Local health department" means an agency of local government that
takes any of the forms specified in s. 250.01 (4), Stats.

(14) "Operator" means the owner or person responsible to the owner for
the operation of a tattoo or body--piercing establishment.

(15) "Patron" means a person receiving a tattoo or body piercing.

(16) "Practitioner" means a tattooist or body piercer.

(17) "Premises" means a building, structure, area or location where
tattooing or body piercing is performed.

(18) "Sharps waste" means 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.

(19) "Single--use" means 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.

(20) "Sterilization" means the killing of all organisms and spores
through use of an autoclave operated at a minimum of 250 [degrees] F. (121 [degrees]
C.) at pressure of at least 15 pounds per square inch for not less then 30
minutes or through use of an autoclave approved by the department that is operated
at different temperature and pressure levels but is equally effective in
killing all organisms and spores.

(21) "Tattoo," 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.

(22) "Tattoo establishment" means the premises where a tattooist applies
a tattoo to another person.

(23) "Tattooist" means a person who tattoos another person at that person's
request.

(24) "Tempered water" means water ranging in temperature from 85
[degrees] F. to less than 110 [degrees] F.

(25) "Temporary establishment" means a single building, structure, area
or location where a tattooist or body piercer performs tattooing or body
piercing for a maximum of 7 days per event.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.09 Cleaning and sterilization

(1) CLEANING. 

(a) After each use, tattooing and body--piercing equipment
shall be cleaned to remove blood and tissue residue before sterilization.

(b) 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.

(c) All containers holding contaminated needles, tubes, reusable body
--piercing equipment and container lids shall be cleaned and disinfected at
least daily.

(d) The tattoo machine shall be cleaned and disinfected before each use.

(e) Gloved personnel shall clean needles and tubes prior to sterilization by
doing all of the following:

1. Manually pre--cleaning the items 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.

2. Rinsing and drying the items.

(f) 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.

(2) STERILIZATION. (a) Equipment requiring sterilization shall be
pressure--sterilized at the establishment in an autoclave and in accordance
with the manufacturer's instructions.

(b) Each batch of sterilized equipment shall be monitored for sterilization
by use of heat--sensitive indicators capable of indicating approximate time
and temperature achieved.

(c) Autoclaves shall be spore--tested at least monthly. Spore kill test
effectiveness shall be conducted by an independent laboratory.

(d) Sterilized equipment shall be wrapped or covered and stored in a
manner which will ensure that it will remain sterile until used.

(e) 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:

1. Date of sterilization.

2. Name of the person operating the equipment.

3. Result of heat--sensitive indicator.

(f) Sterilized equipment shall be re--sterilized if the package is opened,
damaged or becomes wet.

(g) All methods of sterilization other than autoclaving are prohibited.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.07 Personnel

(1) 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.

(2) RESTRICTION. No tattooist or body piercer may work while under the
influence of alcohol or a mind--altering drug.

(3) PERSONAL CLEANLINESS. (a) 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.

(b) Tattooists and body piercers shall dry their hands and arms with
individual single--service towels.

(c) Tattooists and body piercers shall maintain a high degree of personal
cleanliness and shall conform to good hygiene practices during procedures.

(4) CLOTHING. All tattooists and body piercers shall wear clean, washable
outer clothing.

(5) HYGIENIC PRACTICES. (a) When preparing the skin and during a
procedure, a tattooist or body piercer shall wear non--absorbent gloves which shall be
disposed of after completing the procedure.

(b) 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.

(c) 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.

(d) Disposable--type razors shall be for single--use only and disposed of
in accordance with ch. NR 526. Electric razors used for skin preparation prior
to a procedure shall have screens cleaned and disinfected between patron use.

(e) 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.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.12 Enforcement

(1) ACCESS. An authorized employe or agent of the department, 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 department's
authorized employe 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 piercing.

(2) ENFORCEMENT POLICY. (a) Order to correct violations. If upon
inspection of a tattoo or body--piercing establishment, the authorized employe or agent
of the department finds that the tattoo or body--piercing establishment is not
planned, equipped or operated as required by this chapter, the employe 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, the department may issue an order suspending or revoking the license
to operate the tattoo or body--piercing establishment or the practitioner's
license, or both.

(b) 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 employe or agent of the department may,
pursuant to ss. 227.51 (3) and 252.04 (1) and (7), Stats., acting as the designee of
the administrator of the department's division of health, and without written
notice, issue a temporary order to remove the immediate danger to health.
The order shall take effect upon delivery to the operator or other person in
charge of the tattoo or body--piercing establishment and shall remain in effect for
14 days unless it is terminated by the department by notice to the operator
within that period or is kept in effect beyond that period, pending a hearing, by
department notification to the operator. The order shall be limited to
prohibiting specific procedures or methods of operation, or a combination of
these, except that if a more limited order will not remove the immediate
danger to health, the order may direct that all operations authorized by the
license cease. If, before scheduled expiration of the temporary order, the
department determines that the immediate danger to health does in fact exist and
continues to exist, the temporary order shall remain in effect with notification to
the operator. The department shall then notify the department of
administration's division of hearings and appeals to schedule and hold a
hearing under ch. 227, Stats., no later than 15 days after notification of the
operator and to issue a final decision on the matter within 10 days after the
hearing, unless the immediate danger to health is removed or the order is not
contested and the operator and the department mutually agree that no purpose would be
served by a hearing.

(3) PENALTY PROVISION. Pursuant to s. 252.25, Stats., any person who
willfully violates or obstructs the execution of s. 252.23 or 252.24,
Stats., or this chapter for which no other penalty is prescribed, shall be imprisoned
for not more than 30 days or fined not more than $ 500 or both. This shall
include performing tattooing or body piercing without a license.

(4) APPEAL BY THE OPERATOR OR PRACTITIONER. Any operator or practitioner
aggrieved by an order of the department under s. HFS 173.04 (2) or 173.11
(1)(d), or under sub. (2)(a), may request a hearing to challenge the order.
A request for a hearing under this subsection shall be submitted to the
department of administration's division of hearings and appeals and shall be received
by that office within 15 days after issuance of the order. Procedures for
hearings shall be in accordance with ch. 227, Stats. After the hearing, the division
of hearings and appeals shall affirm, set aside or modify the order. The final
decision may be appealed to the circuit court as provided in ch. 227, Stats.

Note: The mailing address of the division of hearings and appeals is P.O.
Box 7875, Madison, Wisconsin 53707.

(5) LOCAL ENFORCEMENT. Notwithstanding subs. (2) and (4), if an agent
issues licenses directly under s. 252.245, Stats, the agent shall create
enforcement and appeal procedures in accordance with s. 66.124, Stats., which shall
supersede enforcement and appeal procedures under subs. (2) and (4).

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.08 Equipment

(1) All surfaces, counters and general--use equipment in the tattoo or
body--piercing area shall be cleaned and disinfected before a patron is seated.

(2) 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 the procedure shall be dispensed with single--use utensils. The
remainder of dispensed portions shall be disposed of after application.

(3) Needles, bars and tubes shall be constructed in a manner that permits
easy cleaning and sterilizing.

(4) Acetate tattoo stencils shall be single--use.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HSS 333.51 Disfigurement (Class B).

A youth may not intentionally cut, pierce, remove, mutilate, discolor, or
tattoo any part of his or her body or the body of another.

Note: HSS 333.51. The purpose of this section is to protect the safety
and health of youth. Tattooing, ear piercing, and other forms of self-mutilation
can lead to serious infections. In addition, some forms of disfigurement could
lead to identification problems.

The wearing of pierced earrings is allowed. Youth may get their ears
pierced but only by medical staff and only if prior parental approval is obtained.

This section is intended to cover only injury to oneself or to another
person with that person's consent. Injury to another person without his or her
consent is covered by s. HSS 333.11.

HISTORY: Cr. Register, December, 1982, No. 324, eff. 1-1-83.


HFS 173.05 Patrons

(1) LIMITATIONS. (a) 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 the department.

Note: To obtain a copy of an approved consent form, which may be reproduced,
write: Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.

(b) Minors. 1. No person under 16 years of age may be body pierced.

2. 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.

3. 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 s.
948.70 (3), Stats.

4. 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.

5. 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.

(c) Barriers to procedure. A tattooist or body piercer may not tattoo or
body pierce any of the following:

1. A person who appears to be under the influence of alcohol or a
mind--altering drug.

2. A person who has evident skin lesions or skin infections in the area
of the procedure.

(2) RECORD. 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 2 years following completion of the procedure.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.04 Licenses

(1) APPLICATION FOR ESTABLISHMENT LICENSE. (a) Requirement. No person may
operate a tattoo establishment or body--piercing establishment or a combined
tattoo and body--piercing establishment unless he or she has obtained a
license for the establishment from the department or its agent by application made
upon a form furnished by the department or its agent. An application submitted to
the department shall be accompanied by the fee required under par. (b).

Note: To obtain a copy of the establishment application form, write:
Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.

(b) Department fees. The operator of a tattoo establishment or
body--piercing establishment or a combined tattoo and body--piercing establishment shall
pay an annual license fee to the department as follows:

1. For a body--piercing establishment, $ 100.

2. For a tattoo establishment, $ 100.

3. For a combined tattoo and body--piercing establishment, $ 150.

4. For a temporary tattoo or body--piercing establishment or a temporary
combined tattoo and body--piercing establishment, $ 100 per event.

5. For inspection of a new establishment, a preinspection fee of $ 75.

(2) APPLICATION FOR PRACTITIONER LICENSE. (a) 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 body piercer
unless the person has obtained a license from the department by application
made upon a form furnished by the department. An application submitted to the
department shall be accompanied by the fee required under par. (b).

Note: To obtain a copy of the practitioner application form, write:
Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.

(b) Department fees. A person who wishes to practice as a tattooist or
body piercer shall pay an annual fee to the department as follows:

1. For a body piercer, $ 50.

2. For a tattooist, $ 50.

(3) ACTION BY THE DEPARTMENT. (a) Within 30 days after receiving a completed
application for a license, the department or its agent shall either approve
the application and issue a license or deny the application. If an application
for a license is denied, the department or its agent shall give the applicant
reasons, in writing, for the denial and provide information about how the applicant
may appeal that decision under s. HFS 173.12 (4).

(b) The department or its agent 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.

(4) DISPLAY OF LICENSE. The operator of a tattoo or body--piercing
establishment shall conspicuously display in the establishment the licenses
issued by the department or its agent for the establishment and for all
practitioners working in the establishment.

(5) CHANGE OF OPERATOR. The operator of a tattoo or body--piercing
establishment shall promptly notify the department or its agent of his or
her intention to cease operations and shall supply the department with the name
and mailing address of any new operator. A license is not transferable. A new
operator shall submit an application under sub.(1) for a new license.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.02 Scope

(1) APPLICABILITY. This chapter applies to all tattooists, body piercers,
tattoo establishments and body--piercing establishments.

(2) APPROVED COMPARABLE COMPLIANCE. When it appears to the department
that strict adherence to a provision of this chapter is impractical for a
particular tattooist, tattoo establishment, body piercer or body--piercing
establishment, the department may approve a modification in that requirement for that
person or establishment if the department is provided with satisfactory proof that the
grant of a variance will not jeopardize the public's health, safety or
welfare.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.13 State fees

Pursuant to s. 252.245 (9), Stats. a local health department serving as
an agent of the department for purposes of administering this chapter shall
include a state fee in each fee the agent establishes for a license issued under
this chapter. The state fee shall be 10% of the department's fee established
under s. HFS 173.03 (1) or (2), and shall be forwarded to the department.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.06 Physical facilities and environment

(1) FLOORS. Floors in the area where tattoo or body--piercing procedures
are performed shall be constructed of smooth, durable and non--porous material
and shall be maintained in a clean condition and in good repair. Carpeting is
prohibited.

(2) 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.

(3) LIGHTING. Tattoo and body--piercing application areas shall maintain
a minimum illumination of 50 footcandles.

(4) PREMISES. The premises and all facilities used in connection with the
premises shall be maintained in a clean, sanitary and vermin--free condition.

(5) 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.

(6) TOILET ROOMS. (a) All tattoo and body--piercing establishments shall
have a public toilet and handwashing facility which is separated from any living
area.

(b) Toilet room fixtures shall be kept clean and in good repair. An
easily cleanable covered waste receptacle shall be provided in the toilet room.

(7) HANDWASHING FACILITIES. (a) 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.

(b) Anti--bacterial soap in a dispenser and single--service towels for
drying hands shall be provided at all handwashing facilities.

(c) 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.

(8) REFUSE. Easily cleanable waste containers with non--absorbent,
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 subch.
II of ch. NR 526.

(9) EQUIPMENT STORAGE. Instruments, dyes, pigments, stencils and other
tattoo and body--piercing equipment shall be stored in closed cabinets exclusively
used for that purpose.

(10) 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.

(11) 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
non--alcoholic beverage during the procedure.

(12) 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.

HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.


HFS 173.01 Authority and purpose

This chapter is promulgated under the authority of ss. 252.23 (4), 252.24
(4) and 252.245 (9), Stats., for the purpose of regulating tattooists, tattoo
establishments, body piercers and body--piercing establishments in order to
protect public health and safety.


HFS 173.11 Temporary establishments

In addition to requirements under ss. HFS 173.01 to 173.10 that apply to all
tattoo and body--piercing establishments, the following requirements apply
specifically to temporary establishments:

(1) LICENSE. (a) No temporary establishment may be operated without a
license granted by the department or its agent. Application for a temporary license
shall be made under s. HFS 173.04 (1).

(b) No temporary license may be issued without a prior inspection.

(c) 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.

(d) An operator of a temporary establishment whom the department or its
agent 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.

(2) WATER. A temporary establishment shall have all of the following:

(a) An approved toilet and handwashing facility.

(b) Potable water under pressure.

(c) Hot or tempered water for handwashing and cleaning.

(d) Connection to an approved sewage collection system.






Date of enactment: June 27, 1996

1995 Assembly Bill 733
Date of publication*: July 10, 1996

1995 WISCONSIN ACT 468

AN ACT to amend 20.435 (1) (gm); and to create 252.23, 252.24 and 252.245 of the statutes; relating to: regulation

of tattooing and tattoo establishments and body piercing and body-piercing establishments by the department of

health and family services or by local health departments, granting rule-making authority and making an

appropriation.

The people of the state of Wisconsin, represented in

senate and assembly, do enact as follows:


SECTION 1.
20.435 (1) (gm) of the statutes, as af-fected

by 1995 Wisconsin Act 27, section 816m, is

amended to read:

20.435 (1) (gm) Licensing, review and certifying ac-tivities.

The amounts in the schedule for the purposes

specified in ss. 50.135, 50.49 (2) (b), 146.50 (8), 250.05

(6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.20

(5) and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89

and 255.08 (2), subch. IV of ch. 50 and ch. 150. All mo-neys

received under ss. 50.135, 50.49 (2) (b), 50.93 (1)

(c), 146.50 (8) (d), 150.13, 250.05 (6), 252.23 (4) (a),

252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.20 (5)

and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89 and

255.08 (2) (b) shall be credited to this appropriation.

SECTION 2.
252.23 of the statutes is created to read:

252.23 Regulation of tattooists. (1)
DEFINITIONS.

In this section:

(a) "Tattoo" has the meaning given in s. 948.70 (1)

(b).

(b) "Tattoo establishment" means the premises

where a tattooist performs tattoos.

(c) "Tattooist" means a person who tattoos another.

(2)
DEPARTMENT; DUTY. The department shall provide

uniform, statewide licensing and regulation of tattooists

and uniform, statewide licensing and regulation of tattoo

establishments under this section. The department shall

inspect a tattoo establishment once before issuing a li-cense

for the tattoo establishment under this section and

may make additional inspections that the department de-termines

are necessary.

(3)
LICENSE REQUIRED. Except as provided in sub. (5),

no person may tattoo or attempt to tattoo another, desig-nate

or represent himself or herself as a tattooist or use or

assume the title "tattooist" and no tattoo establishment

may be operated unless the person and the establishment

are licensed by the department under this section or by a

local health department that is designated as the depart-ment's

agent under s. 252.245.

(4)
RULE MAKING. The department shall promulgate

all of the following as rules:

(a) Standards and procedures, including fee payment

to offset the cost of licensing tattooists and tattoo estab-lishments,

for the annual issuance of licenses as tattooists

or as tattoo establishments to applicants under this sec-tion.

(b) Standards for the performance of tattoos by a li-censed

tattooist and for the maintenance of a licensed tat-*

Section 991.11, WISCONSIN STATUTES 1993-94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over

the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication

as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

- 2 - 1995 Assembly Bill 733

too establishment, which will promote safe and adequate

care and treatment for individuals who receive tattoos

and eliminate or greatly reduce the danger of exposure by

these individuals to communicable disease or infection.

(5)
EXCEPTION. This section does not apply to a den-tist

who is licensed under s. 447.03 (1) or to a physician

who tattoos or offers to tattoo a person in the course of the

dentist's or physician's professional practice.

SECTION 2m.
252.24 of the statutes is created to read:

252.24 Regulation of body piercing and body-

piercing establishments. (1)
DEFINITIONS. In this sec-tion:

(a) "Body piercer" means a person who performs

body piercing on another.

(b) "Body piercing" means perforating any human

body part or human tissue, except an ear, and placing a

foreign object in the perforation in order to prevent the

perforation from closing.

(c) "Body-piercing establishment" means the prem-ises

where a body piercer performs body piercing.

(2)
DEPARTMENT; DUTY. The department shall provide

uniform, statewide licensing and regulation of body pier-cers

and uniform, statewide licensing and regulation of

body-piercing establishments under this section. The

department shall inspect a body-piercing establishment

once before issuing a license for the body-piercing estab-lishment

under this section and may make additional in-spections

that the department determines are necessary.

(3)
LICENSE REQUIRED. Except as provided in sub. (5),

no person may pierce the body of or attempt to pierce the

body of another, designate or represent himself or herself

as a body piercer or use or assume the title "body piercer"

unless the person is licensed under this section.

(4)
RULE MAKING. The department shall promulgate

all of the following as rules:

(a) Standards and procedures, including fee payment

to offset the cost of licensing body piercers and body-

piercing establishments, for the annual issuance of li-censes

as body piercers or as body-piercing establish-ments

to applicants under this section.

(b) Standards for the performance of body piercing

by a licensed body piercer and for the maintenance of a

licensed body-piercing establishment, which will pro-mote

safe and adequate care and treatment for individuals

who receive body piercing and eliminate or greatly re-duce

the danger of exposure by these individuals to com-municable

disease or infection.

(5)
EXCEPTION. This section does not apply to a den-tist

who is licensed under s. 447.03 (1) or to a physician

who pierces the body of or offers to pierce the body of a

person in the course of the dentist's or physician's profes-sional

practice.

SECTION 2r.
252.245 of the statutes is created to read:

252.245 Agent status for local health depart-ments.

(1)
In the administration and enforcement of ss.

252.23 and 252.24, the department may enter into a writ-

ten agreement with a local health department with a juris-dictional

area that has a population greater than 5,000,

which designates the local health department as the de-partment's

agent in issuing licenses to and making inves-tigations

or inspections of tattooists and tattoo establish-ments

and body piercers and body-piercing

establishments. In a jurisdictional area of a local health

department without agent status, the department of health

and family services may issue licenses, collect license

fees established by rule under ss. 252.23 (4) (a) and

252.24 (4) (a) and make investigations or inspections of

tattooists and tattoo establishments and body piercers and

body-piercing establishments. If the department desig-nates

a local health department as its agent, the depart-ment

or local health department may require no license

for the same operations other than the license issued by

the local health department under this subsection. If the

designation is made and the services are furnished, the

department shall reimburse the local health department

furnishing the service at the rate of 80% of the net license

fee per license per year issued in the jurisdictional area.

(2)
A local health department designated as the de-partment's

agent under this section shall meet standards

promulgated under ss. 252.23 (4) (a) and 252.24 (4) (a).

The department shall annually evaluate the licensing, in-vestigation

and inspection program of each local health

department granted agent status. If, at any time, a local

health department designated as the department's agent

fails to meet the standards, the department of health and

family services may revoke its agent status.

(3)
The department shall provide education and train-ing

to agents designated under this section to ensure uni-formity

in the enforcement of s. 252.23 or 252.24 and

rules promulgated under s. 252.23 or 252.24

(4)
Except as provided in sub. (4m), a local health de-partment

designated as the department's agent under this

section shall establish and collect the license fee for each

tattooist or tattoo establishment and for each body piercer

or body-piercing establishment. The local health depart-ment

may establish separate fees for preinspections of

new tattoo or body-piercing establishments, for prein-spections

of existing establishments for which a person

intends to be the new operator or for the issuance of dupli-cate

licenses. No fee may exceed the local health depart-ment's

reasonable costs of issuing licenses to, making in-vestigations

and inspections of, and providing education,

training and technical assistance to the tattooists and tat-too

establishments or body piercers and body-piercing

establishments, plus the state fee established under sub.

(9).

(4m)
A local health department designated as the de-partment's

agent under this section may contract with the

department of health and family services for the depart-ment

of health and family services to collect fees and is-sue

licenses under s. 252.23 or 252.24. The department

- 3 - 1995 Assembly Bill 733

shall collect from the local health department the actual

and reasonable cost of providing the services.

(5)
If, under this section, a local health department

becomes an agent or its agent status is discontinued dur-ing

a licensee's license year, the department of health and

family services and the local health department shall di-vide

any license fee paid by the licensee for that license

year according to the proportions of the license year oc-curring

before and after the local health department is

designated as an agent or the agent status is discontinued.

No additional fee may be required during the license year

due to the change in agent status.

(6)
A village, city or county may enact ordinances

and a local board of health may adopt regulations regard-ing

the licensees and premises for which the local health

department is the designated agent under this section,

which are stricter than s. 252.23 or 252.24 or rules pro-mulgated

by the department of health and family services

under s. 252.23 or 252.24. No such provision may con-flict

with

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