State Of Delaware
1114.
Body-piercing, tattooing
or branding; consent for minors; civil and criminal penalties.
(a) No person
shall knowingly or negligently tattoo, brand or perform body-piercing on a
minor unless that person obtains the prior written consent of the minor's
parent over the age of 18 or legal guardian to the specific act of
tattooing,
branding or body-piercing.
(b) No person
shall tattoo, brand or perform body-piercing on another person if the other
person is under the influence of alcoholic beverages, being beer, wine or
spirits or a controlled substance.
(c) Consent forms
required by subsection (a) of this section shall be notarized.
(d) (1) A person
who violates this section shall be guilty of a class B misdemeanor for the
first offense or a class A misdemeanor for a second or subsequent offense.
The Court of Common Pleas shall have original jurisdiction over these
offenses for those 18 years of age or older, and the Family Court shall have
original jurisdiction for those under the age of 18 at the time of the
offense.
(2) In any
prosecution for an offense under this subsection, it shall be an affirmative
defense that the individual, who has not reached the age of 18, presented to
the accused identification, with a photograph of such individual affixed
thereon, which identification sets forth information which would lead a
reasonable person to believe such individual was 18 years of age or older. A
photocopy of the identification shall be attached to the information card
that a customer shall complete at the time that the tattoo, body piercing or
branding is obtained.
(e) A person who
violates subsection (a) of this section is liable in a civil action for
actual damages or $1,000, whichever is greater, plus reasonable court costs
and attorney fees.
(f) As used in
this section:
(1) "Body-piercing"
means the perforation of human tissue excluding the ear for a nonmedical
purpose.
(2) "Branding"
means a permanent mark made on human tissue by burning with a hot iron or
other instrument.
(3) "Controlled
substance" means that term as defined in
Chapter 47 of
Title 16.
(4) "Minor" means
an individual under 18 years of age who is not emancipated.
(5) "Tattoo" means
1 or more of the following:
a. An indelible
mark made upon the body of another person by the insertion of a pigment
under the skin.
b. An indelible
design made upon the body of another person by production of scars other
than by branding.
(6) Nothing in this
section shall require a person to tattoo, brand or body pierce a minor with
parental consent if the person does not regularly tattoo, brand or body
pierce customers under the age of 18.
(71 Del. Laws, c. 243, § 1.)
WEIL'S CODE OF DELAWARE REGULATIONS
Copyright (c) 2002 by Weil Publishing Co., Inc.
All rights reserved.
40 700 056. RULES AND REGULATIONS GOVERNING BODY ART ESTABLISHMENTS
REGULATIONS GOVERNING BODY ART ESTABLISHMENTS ADOPTED BY THE SECRETARY,
DELAWARE
HEALTH AND SOCIAL SERVICES UNDER AUTHORITY OF 16 DEL. C. CHAPTER 1, @
122(3)(w)
EFFECTIVE DATE: September 30, 2002
Preamble
The Secretary of Delaware Health and Social Services adopts these
Regulations pursuant to the authority vested in the Secretary by 16 Del.C.
122. These
Regulations establish standards for the sanitary operation of body art
establishments. For the purpose of these Regulations, the term body art
establishment includes tattoo parlor and body piercing establishment, as
defined in 16 Del.C. 122(3)(w). These Regulations provide a system of
permitting and
inspection of body art establishments and procedures for enforcement.
These Regulations are adopted on ___ (date) and have an effective date of
___ (date).
Purpose
These Regulations shall be liberally construed and applied to promote
their underlying purpose of protecting the public health. They establish
minimum
standards in the practice of body art and those facilities that choose to
require more stringent standards are encouraged to to so.
Severability
In the event any particular clause or section of these Regulations should
be declared invalid or unconstitutional by any court of competent
jurisdiction,
the remaining portions shall remain in full force and effect.
SECTION 82.1 GENERAL PROVISIONS
82.101 Definitions
For the purposes of these Regulations:
82.101.1 AFTERCARE means written instructions given to the client,
specific
to the body art procedure(s) rendered, on caring for the body art and
surrounding area. These Instructions will include information when to seek
medical treatment, if necessary.
82.101.2 ANTISEPTIC means an agent that destroys disease causing
microorganisms on human skin or mucosa.
82.101.3 BODY ART includes the practice of body piercing as defined in
82.101.5, branding as defined in 82.101.6, and tattooing as defined in
82.101.29. This definition does not include practices that are considered
medical procedures by a state medical board, such as implants under the
skin, and shall not be performed in a body art establishment. Nor does
this
definition include, for the purposes of these Regulations, piercing of the
outer
perimeter or lobe of the ear using pre-sterilized single use stud and
clasp ear
piercing systems.
82.101.4 BODY ART ESTABLISHMENT includes tattoo parlor and body piercing
establishment and means any place or premise, whether public or private,
temporary or permanent in nature or location, where the practices of body
art, whether or not for profit, are performed.
82.101.5 BODY PIERCING means the performation of human tissue excluding
the ear for a non-medical purpose.
82.101.6 BRANDING means a permanent mark made on human tissue by burning
with a hot iron or other instrument.
82.101.7 CONTAMINATED WASTE means any liquid or semi-liquid blood or
other potentially infectious materials; contaminated items that would
release
blood or other potentially infectious materials in a liquid or semi-liquid
state if
compressed; items that are caked with dried blood or other potentially
infectious materials and are capable of releasing these materials during
handling; sharps and any wastes containing blood and other potentially
infectious materials, as defined in 29 Code of Federal Regulations Part
1910.1030 (latest edition), known as "Occupational Exposure to Bloodborne
Pathogens."
82.101.8 COSMETIC TATTOOING see TATTOOING.
82.101.9 DISINFECTION means the destruction of disease-causing
microorganisms on inanimate objects or surfaces, thereby rendering these
objects safe for
use or handling.
82.101.10 DIVISION means the Delaware Division of Public Health as the
agency, and its authorized representatives, having jurisdiction to
promulgate, monitor, administer and enforce these Regulations.
82.101.11 EAR PIERCING means the puncturing of the outer perimeter or
lobe of the ear using a pre-sterilized single use stud and clasp ear
piercing system
following manufacturers instructions. Under no circumstances shall ear
piercing studs and clasps be used anywhere on the body other than the
outer perimeter
and lobe of the ear.
82.101.12 EQUIPMENT means all machinery, including fixtures, containers,
vessels, tools, devices, implements, furniture, display and storage areas,
sinks and all other apparatus and appurtenances used in connection with
the
operation of a body art establishment.
82.101.13 HANDSINK means a lavatory equipped with tempered hot and cold
running water under pressure, used solely for washing hands, arms or other
portions of the body.
82.101.14 HOT WATER means water at a temperature greater than or equal to
110 [degrees] F (43 [degrees] C).
82.101.15 INSTRUMENTS USED FOR BODY ART means hand pieces, needles,
needle bars and other instruments that may come in contact with a client's
body or
possible exposure to bodily fluids during body art procedures.
82.101.16 INVASIVE means entry into the body either by incision or
insertion of an instrument into or through the skin or mucosa, or by any
other means
intended to puncture, break or compromise the skin or mucosa.
82.101.17 JEWELRY means any personal ornament inserted into a newly
pierced area, which must be made of surgical implant grade stainless
steel, solid
14k or 18k white or yellow gold, niobium, titanium or platinum, a dense,
low-porosity plastic and or which is free of nicks, scratches or irregular
surfaces and
which has been properly sterilized prior to use.
82.101.18 LIQUID CHEMICAL GERMICIDE means a disinfectant or sanitizer
registered with the Environmental Protection Agency or an approximate
1:100
dilution of household chlorine bleach made fresh daily and dispensed from
a
spray bottle (500 ppm, 1/4 cup per gal. or 2 tablespoons per qt. of tap
water).
82.101.19 OPERATOR/TECHNICIAN means any person who controls, operates,
manages, conducts or practices body art activities at a body art
establishment and who is responsible for compliance with these
regulations, whether
actually performing body art activities or not. The term includes
technicians who
work under the operator and perform body art activities.
82.101.20 PERMIT means written approval by the Division to operate body
art establishment. Approval is given in accordance with these Regulations
and is
separate from any other licensing requirement that may exist within
communities or political subdivisions comprising the jurisdiction.
82.101.21 PERSON means an individual, any form of business or social
organization or any other non-governmental legal entity including but not
limited to a corporation, partnership, limited liability company,
association, trust or unincorporated organization.
82.101.22 PHYSICIAN means a person licensed by the State of Delaware to
practice medicine in all its branches and may include other areas such as
dentistry, osteopathy or acupuncture, depending on the rules and
regulations
of the State of Delaware.
82.101.23 PROCEDURE SURFACE means any surface of an inanimate object that
contacts the client's unclothed body during a body art procedure, skin
preparation of the area adjacent to and including the body art procedure
or
any associated work area which may require sanitizing.
82.101.24 SANITIZE/SANITIZATION PROCEDURE means a process of reducing the
numbers of microorganisms on cleaned surfaces and equipment to a safe
level as judged by public health
standards and which has been approved by the Division.
82.101.25 SHARPS means any object (sterile or contaminated) that may
purposefully or accidentally cut or penetrate the skin or mucosa
including,
but not limited to, pre-sterilized, single use needles, scalpel blades and
razor
blades.
82.101.26 SHARPS CONTAINER means a puncture-resistant, leak-proof
container that can be closed for handling, storage, transportation and
disposal and is
labeled with the International Biohazard Symbol.
82.101.27 SINGLE USE means products or items that are intended for
one-time,
one-person use and are disposed of after use on each client including, but
not limited to, cotton swabs or balls, tissues or paper products, paper or
plastic cups, gauze and sanitary coverings, razors, piercing needles,
scalpel
blades, stencils, ink cups and protective gloves.
82.101.28 STERILIZATION means a very powerful process resulting in the
destruction of all forms of microbial life, including highly resistant
bacterial spores.
82.101.29 TATTOOING means one or more of the following:
(a) An indelible mark made upon the body of another person by the
insertion of a pigment under the skin.
(b) An indelible design made upon the body of another person by
production of scars other than by branding.
This includes all forms of cosmetic tattooing.
82.101.30 TEMPORARY BODY ART ESTABLISHMENT means any place or premise
operating at a fixed location where an operator performs body art
procedures
for no more than 14 days consecutively in conjunction with a single event
or
celebration.
82.101.31 UNIVERSAL PRECAUTIONS means a set of guidelines and controls,
published by the Centers for Disease Control and Prevention (CDC) as
'guidelines for prevention of transmission of human immunodeficiency virus
and hepatitis
B virus to health-care and public-safety workers' in Morbidity and
Mortality
Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as
'recommendations for preventing transmission of human immunodeficiency
virus and hepatitis B
virus to patients during exposure-prone invasive procedures', in MMWR,
July
12, 1991, Vol. 40, No. RR-8. This method of infection control requires the
employer and the employee to assume that all human blood and specified
human body
fluids are infectious for HIV, HBV and other blood pathogens. Precautions
include
hand washing, gloving, personal protective equipment, injury prevention,
and
proper handling and disposal of needles, other sharp instruments, and
blood and
body fluid contaminated products.
82.101.32 VARIANCE means a written document issued by the Division that
authorizes a modification or waiver of one or more of the requirements of
these
Regulations if, in the opinion of the Division, a health hazard or
nuisance
will not result from the modification or waiver.
82.102 Pre-operational Requirements
82.102.1 General
(a) No person shall operate a body art establishment who does not have a
valid permit issued to him by the Division of Public Health (the
Division).
Only a person who complies with the requirements of these Regulations
shall be
entitled to receive or retain such a permit.
(b) Permits shall not be transferable from person to person or from
location to location. The valid permit shall be posted in a location
easily observed
by the customer.
(c) When a body art establishment changes owenership, management firm, or
lessee, both the facility and its operation shall be brought into full
compliance with these Regulations prior to the issuance of a permit. A
variance may be issued, as provided by these Regulations.
(d) These Regulations outline requirements for body art establishments
with permanent, restricted, mobile, provisional, and temporary permits,
and
provides enforcement procedures applicable to such establishments.
(e) Establishments operating at the time of the enactment of these
Regulations shall be given 180 calendar days to make application to the
Division and comply with these Regulations. Establishments in compliance
with these
regulations shall be issued a permit in accordance with 82.102.2(a), (b),
or
(c). Establishments not in full compliance but which, in the judgment of
the
Division, do not pose an immediate health risk, shall be issued a
provisional permit in accordance with 82.102.2(d). Establishment that
continue to
operate without proper permits from the Division or operate in violation
of these
Regulations will be subject to legal remedial actions and sanctions as
provided by the law.
82.102.2 Classification of Body Art Establishment Permits
(a) A permanent permit is valid for one year from date of issue and is
intended for businesses that operate at a fixed location.
(b) A restricted permit shall be issued to an establishment that is not
approved to provide full services because of certain limitations.
(c) A mobile permit may be issued to an enclosed vehicle which meets all
the requirements of these Regulations and which does not operate at a
fixed
location.
(d) A provisional permit with conditions of operations may be granted for
a specified period of time to an establishment at the effective date of
these
Regulations, when no immediate public health risk exists, to allow such
establishment adequate time to come into full compliance with these
Regulations.
(e) A temporary permit may be issued for educational, trade show or
product demonstration purposes only. A temporary permit may not exceed
fourteen (14)
calendar days.
82.102.3 Issuance of Permits
(a) Any person desiring to operate a body art establishment shall make
written application for a permit. Such application shall be made on forms
provided by the Division, and shall include the name and address of each
applicant, the location and type of the proposed establishment and the
signature of each applicant. Payment of $ 100 fee shall accompany the
application and
be remitted with the annual renewal application.
(b) The Division shall issue a permit to the applicant if its inspection
reveals that the proposed body art establishment complies with these
Regulations.
(c) A permanent, restricted, or mobile permit remains valid for one (1)
year from the date of issuance. Unless the facility is closed for a period
of
sixty (60) days or more; a new owner, firm, or lessee takes possession; or
the
permit is revoked by the Division for violations of these Regulations, the
permit
will remain valid.
82.102.4 Submission of Plans
Whenever a body art establishment is constructed, undergoes physical
alteration, or an existing structure is converted for this purpose,
properly
prepared plans and specifications shall be submitted to the Division.
After
review, a Certificate of Approval with conditions will be issued, and the
establishment shall comply with the requirements.
82.102.5 Post-Construction and Pre-operational Inspection
Prior to issuance of a permit, the Division shall inspect the proposed
body art establishment to determine compliance with the requirements of
these
Regulations.
82.103 Variance
82.103.1 The Division may grant a variance by modifying or waiving the
requirements of these Regulations if in the opinion of the Division a
health
hazard or nuisance will not result from the variance. A variance, if
granted, is rendered void upon the following: when the physical facility
is demolished,
or when a remodeling project in the facility includes the area(s)
addressed in
the variance, or when the permit holder granted the variance ceases to
operate
the Body Art establishment for a period exceeding thirty (30) consecutive
days.
A variance shall not be transferable from person to person, nor from
location
to location. If a variance is granted, the Division shall retain the
information specified below in its records for the Body Art establishment.
(a) A statement of the proposed variance of the requirement of these
Regulations, citing the relevant section of these Regulations;
(b) An analysis of the rationale for how the potential public health
hazards
or nuisances will be alternatively addressed by the proposal; and
(c) Any other information requested by the Division that may be deemed
necessary to render judgement.
82.104 Division Personnel Competency Requirement
82.104.1 Division personnel performing environmental health/sanitary
evaluations or complaint investigations of body art establishments shall
meet the same requirements as specified for a permit holder in 82.302 of
these
Regulations prior to assuming responsibilities for this program.
SECTION 82.2 COMPLIANCE PROCEDURES
82.201 General
82.201.1 The valid permit shall be conspicuously displayed on the
premises of the establishment for public view. Failure to display a valid
permit shall
be considered as a violation of these Regulations.
82.201.2 When an inspection reveals that the body art establishment is
not in compliance with these Regulations, the permit holder shall take
corrective
action within the time specified by the Division. The permit holder may
additionally be required to provide to the Division a written plan to
correct violations of these Regulations, including the method of
correction and the
anticipated date of completion.
82.202 Inspections and Right of Assess
82.202.1 After a representative of the Division presents proper
identification and provides notice of the intent to conduct an inspection,
the person in charge of the body art establishment shall allow the
representative to determine if the establishment is in compliance with
these Regulations by
allowing access to the establishment, allowing inspection, and providing
information and records specified in these Regulations and to which the
Division is entitled.
82.203 Administrative Action
82.203.1 Operating without a permit
(a) If a body art establishment is found operating without a valid permit,
the Division shall order immediate closure. The closure shall be effective
upon receipt of a written notice by the person in charge of the
establishment.
The establishment shall be remain closed until proper application,
submission
and review of plans, or inspection reveal compliance with these
Regulations and
approval for permit is made.
(b) A conspicuous, colored placard shall be prominently displayed at all
entrances of a body art establishment which has failed to obtain a valid
permit.
82.203.2 Imminent Health Hazard
(a) Suspension of Permit
If conditions exist in a body art establishment that represent an imminent
health hazard, the Division may suspend the operating permit without a
hearing upon written notice for a period not to exceed ten (10) days. The
suspension
shall be effective upon receipt of written notice by the person in charge
of
the establishment. A suspension statement recorded on the inspection
report
constitutes a written notice. The person in charge shall yield the permit
to
the Division.
(b) Hearing
If the immediate health hazard is not eliminated, the Division shall
schedule an administrative hearing within the ten (10) day period of
suspension. The
purpose of the hearing is to determine if the suspension should be
extended,
permit revoked or other action taken as necessary.
(c) Reinstatement of Permit
The permit holder of the body art establishment may request, in writing,
to the Division at any time during the suspension, an inspection for the
purpose of showing that the imminent health hazard no longer exists. When
the imminent
health hazard no longer exists, the suspension shall be terminated and the
permit returned. If the Division determines that the imminent health
hazard
has not been corrected and that the hazard still exists, the suspension
remains
in force pending a hearing and the Division may recommend that the permit
be revoked.
(d) A conspicuous, colored placard shall be prominently displayed at all
entrances of a body art establishment whose permit stands suspended or
revoked.
82.203.3 Serious Violations, Repeat Violations and General Unsanitary
Conditions
(a) If serious violations, repeat violations, or general unsanitary
conditions exist, the Division may issue and properly serve due notice, by
certified mail or by hand delivery, of the intention of the Division to
suspend the permit of a body art establishment. The Division shall not
suspend a
permit of a body art establishment for serious or repeated violations
which do not
present an imminent health hazard, without having first issued and
properly
served such notice of intent to suspend. Within thirty (30) days of the
date
of such notice of intent to suspend, the permit holder may submit to the
Division a written request for an administrative hearing. The suspension
shall commence
upon expiration of the notice of intent, unless within thirty (30) days of
the date of such notice, the Division receives from the permit holder a
written
request for an administrative hearing. If the permit holder makes a timely
request for an administrative hearing, the suspension shall be stayed
pending
the results of the hearing.
(b) A conspicuous, colored placard shall be prominently displayed at all
entrances of a body art establishment whose permit stands suspended or
revoked.
82.203.4 Body Art Establishment Permit Holder Right to Administrative
Hearing Upon due notice that the Division intends to suspend the permit of
a body
art establishment, as indicated in 82.203.3, or for other reasons to
protect the
public health, the permit holder may submit to the Division, within thirty
(30) days of the date of such notice of intent, a written request for an
administrative hearing. When an administrative hearing is scheduled, the
permit holder of the establishment shall be informed at least (5) days
prior to the
hearing of the place, time, and date of the hearing and the specific
charges
against the establishment. Notification of the hearing shall be by
certified
mail or by hand delivery. Failure of the permit holder to be present for
an
administrative hearing shall result in automatic suspension of permit and
recommendation for revocation.
82.204 Records of Administrative Proceedings
82.204.1 A written report of the hearing decision shall be furnished by
the
Division to the permit holder of the body art establishment.
82.205 Penalty
82.205.1 Any person who neglects or fails to comply with the requirements
of these Regulations shall be subject to the provisions of 16 Del.C. @
107, and
shall be fined not less than $ 100 and not more than $ 1000, together with
costs, unless otherwise provided by law.
82.205.2 The Division may seek to enjoin violations of these Regulations.
SECTION 82.3 OPERATIONAL REQUIREMENTS
82.301 Requirements for the Premises
82.301.1 Body art establishments applying after adoption of these
Regulations
shall submit a scale drawing and floor plan of the proposed establishment
for a plan review by the Division, as part of the Permit Application
process. The
Division may charge a reasonable fee for this review.
82.301.2 All walls, floors, and all procedure surfaces in rooms or areas
where body art procedures are performed shall be smooth, washable, and in
good repair. Walls, floors and ceilings shall be maintained in a clean
condition.
All procedure surfaces, including client chairs/benches shall be of such
construction as to be easily cleaned and sanitized after each client. All
body art establishments shall be completely separated by solid partitions
or by
walls extending from floor to ceiling, from any room used for human
habitation, a
food establishment or room where food is prepared, a hair salon, or other
such
activity which may cause contamination of work surfaces.
82.301.3 Effective measures shall be taken by the body art operator to
protect the entrance into the establishment and the breeding or presence
on
the premises of insects, vermin and rodents. Insects, vermin and rodents
shall
not be present in any part of the establishment, its appurtenances or
adjoining
premises.
82.301.4 There shall be a minimum of forty-five (45) square feet of
procedure area floor space for each operator in the establishment. Each
establishment
shall have an area which may be screened from public view for clients
requesting
privacy. Multiple body art stations shall be separated by dividers,
curtains
or partitions, at a minimum.
82.301.5 The establishment shall be well-ventilated and provided with an
artificial light source equivalent to at least twenty (20) foot candles
three ( 3) feet off the floor, except that at least on hundred (100) foot
candles
shall be provided at the level where the body art procedure is being
performed,
and where instruments and sharps are assembled.
82.301.6 No animals of any kind shall be allowed in a body art
establishment
except service animals used by persons with disabilities. Fish aquariums
shall be allowed in non-procedural areas.
82.301.7 A separate, readily accessible, handsink with hot and cold
running water, under pressure, preferably equipped with wrist or foot
operated
controls and supplied with liquid soap, and disposable paper towels shall
be readily
accessible within the body art establishment. One handsink shall serve no
more than three operators. In addition, there shall be a minimum of one
lavatory,
excluding any service sinks, and one toilet in a body art establishment.
82.301.8 At least one waste receptacle shall be provided in each operator
area and each toilet room. Receptacles in the operator area shall be
emptied
daily and solid waste shall be removed from the premises at least weekly.
All refuse containers shall be cleanable and kept clean.
82.301.9 All instruments and supplies shall be stored in clean, dry and
covered containers.
82.301.10 Reusable cloth items shall be mechanically washed with
detergent and dried after each use. The cloth items shall be stored in a
dry, clean
environment until used.
82.302 Requirements for the Permit Holder
82.302.1 The permit holder of the body art establishment shall have the
ability to demonstrate knowledge of the following subjects:
(a) Anatomy; and skin diseases, disorders, and conditions (including
diabetes);
(b) Universal Precautions, as published by the Centers for Disease Control
and Prevention;
(c) Infectious disease control, including waste disposal, hand washing
techniques, sterilization equipment operation and methods, and
sanitization,
disinfection, sterilization methods and techniques; and
(d) Facility safety and sanitation.
82.302.2 The permit holder shall only hire operators who have complied
with the requirements of these Regulations and who have the ability to
demonstrate skills and knowledge in body art procedures.
82.303 Requirements for Professional Standards
82.303.1 The following information shall be kept on file on the premises
of a body art establishment and available for inspection by the Division.
(a) Full names and exact duties;
(b) Date of birth;
(c) Gender;
(d) Home address;
(e) Home/work phone numbers;
(f) Identification photos of all body art operator/technicians.
(g) Establishment name;
(h) Hours of operation;
(i) Owner's name and address.
(j) Complete description of all body art procedures performed.
(k) Inventory of all instruments and body jewelry, all sharps, and all
inks used for any and all body art procedures, including names of
manufacturers
and serial or lot numbers, if applicable. Invoices or orders shall satisfy
this
requirement.
(l) A copy of these regulations.
82.303.2 It shall be unlawful for any person to perform body art
procedures
unless such procedures are performed in a body art establishment with a
current
permit.
82.303.3 The body art operator/technician must be a minimum of eighteen
years of age.
82.303.4 Smoking, eating, or drinking should be restricted by anyone is
prohibited in the area where body art is performed.
82.303.5
(a) No person shall tattoo, brand, or perform body piercing on another
person if the other person is under the influence of alcoholic beverages,
including
beer, wine or spirits, or a controlled substance.
(b) No person shall tattoo, brand, or perform body piercing on another
person if the person authorizing the body art procedure to be performed on
the
other person is under the influence of alcoholic beverages, including
beer, wine
or spirits, or a controlled substance.
82.303.6 The permit holder and all employees shall comply with Universal
Precautions, as defined in these Regulations, and shall assume that all
human blood and specified human body fluids are infectious for HIV, HBV,
and other
blood pathogens.
82.303.7 The operator/technician shall maintain a high degree of personal
cleanliness, conform to hygienic practices and wear clean clothes when
performing body art procedures. Before performing body art procedures, the
operator/technician must thoroughly wash their hands in hot running water
with liquid soap, then rinse hands and dry with disposable paper towels.
This
shall be done as often as necessary to remove contaminants.
82.303.8 In performing body art procedures, the operator shall wear
disposable medical gloves. Gloves must be changed if they become
contaminated by contact with any non-clean surfaces or objects or contact
with a third
person. The gloves shall be discarded at a minimum, after the completion
of each
procedure on an individual client and hands washed prior to donning the
next
set of gloves. Under no circumstances shall a single pair of gloves be
used on
more than one person. The use of disposable medical gloves does not
preclude or
substitute for hand washing procedures as part of a good personnel hygiene
program.
82.303.9 If, while performing a body art procedure the
operator's/technician's glove is pierced, torn or otherwise contaminated,
the procedure in 82.303.7 and 82.303.8 shall be repeated. The contaminated
gloves shall be immediately discarded and the hands washed thoroughly, per
82.303.6, before a fresh pair of gloves are applied. Any item or
instrument used for
body art which is contaminated during the procedure shall be discarded and
replaced immediately with a new disposable item or a new sterilized
instrument or
item before the procedure resumes.
82.303.10 Contaminated waste, as defined in these Regulations, which
releases liquid blood or body fluids when compressed or releases dried
blood or body
fluids when handled must be placed in an approved "red" bag which is
marked
with the International Biohazard Symbol. It must then be disposed of by a
waste
hauler approved by the Delaware Department of Natural Resources and
Environmental Control. Sharps ready for disposal shall be disposed of in
approved sharps containers. Contaminated waste which does not release
liquid
blood or body fluids when compressed or does not release dried blood or
body
fluids when handled may be placed in a receptacle and disposed of through
normal, approved disposal methods. Storage of contaminated waste on-site
shall not exceed the period specified by the Division or more than a
maximum of 30
days, as specified in 29 CFR Part 1910.1030 whichever is less.
82.303.11 Any skin or mucosal surface to receive a body art procedure
shall be free of rash or any visible infection.
82.303.12 The skin of the operator/technician shall be free of rash or
infection. No person or operator affected with boils, infected wounds,
open
sores, abrasions, keloids, weeping dermatological lesions or acute
respiratory infection shall work in any area of a body art establishment
in any capacity
in which there is a likelihood that they could contaminate body art
equipment,
supplies or working surfaces with body substances or pathogenic organisms.
82.303.13 Proof shall be provided upon request of the Division that all
operators/technicians have either completed or were offered and declined,
in
writing, the hepatitis B vaccination series. This offering should be
included as a pre-employment requirement.
82.304 Requirements for Preparation and Care of the Body Art Area
82.304.1 Before performing a body art procedure, the immediate and
surrounding area of the skin where the body art procedure is to be placed
shall be washed with soap and water or an approved surgical skin
preparation,
depending on the type of body art to be performed. If shaving is
necessary,
single use disposable razors or safety razors with single service blades
shall be used and discarded after each use and the reusable holder shall
be
autoclaved after use. Following shaving, the skin and surrounding area
will be washed
with soap and water. The washing pad shall be discarded after a single
use.
82.304.2 In the event of blood flow, all products used to check the flow
of blood or to absorb blood shall be single use and disposed of
immediately
after use in appropriate containers, unless the disposal products meet the
definition of contaminated waste (see 82.101.7).
82.305 Requirements for Sanitation and Sterilization Procedures
82.305.1 All non-single use, non-disposable instruments used for body art
shall be cleaned thoroughly after each use by scrubbing with an
appropriate
soap or disinfectant solution and hot water or follow the manufacturer's
instructions to remove blood and tissue residue, and placed in an
ultrasonic unit which
will also be operated in accordance with manufacturer's instructions.
82.305.2 After cleaning, all non-disposable instruments used for body art
shall be packed individually in peel-packs and subsequently sterilized
(see
82.305.3). All peel-packs shall contain either a sterilizer indicator or
internal temperature indicator. Peel-packs must be dated with an
expiration
date not to exceed six (6) months.
82.305.3 All cleaned, non-disposable instruments used for body art shall
be sterilized in a steam autoclave. The sterilizer shall be used, cleaned,
and
maintained according to manufacturer's instruction. A copy of the
manufacturer's recommended procedures for the operation of their
sterilization unit must be
available for inspection by the Division. Sterile equipment may not be
used
if the package has been breached or after the expiration date without
first
repackaging and resterilizing. Sterilizers shall be located away from work
stations or areas frequented by the public. If the body art establishment
uses all single use, disposable instruments and products, and utilizes
sterile
supplies, an autoclave shall not be required.
82.305.4 Each holder of a permit to operate a body art establishment
shall demonstrate that the sterilizer used is capable of attaining
sterilization
by monthly spore destruction tests. These tests shall be verified through
an
independent laboratory, or in-house testing equipment may be used with the
appropriate documentation. The permit shall not be issued or renewed until
documentation of the sterilizer's ability to destroy spores is received by
the Division. These test records shall be retained by the operator for a
period
of three (3) years and made available to the Division upon request.
82.305.5 All reusable needles use in tattooing and body piercing shall be
cleaned and sterilized prior to use and stored in peel-packs. After
sterilization, the instruments used for tattooing and body piercing shall
be
stored in a dry, clean cabinet or other tightly covered container reserved
for
the storage of such instruments.
82.305.6 All instruments used for tattooing and body piercing shall
remain stored in sterile packages until just prior to performing a body
art
procedure. When assembling instruments used for performing body art
procedures, the
operator shall wear disposable medical gloves and use medically recognized
techniques to ensure that the instruments and gloves are not contaminated.
82.305.7 All inks, dyes, pigments, needles and equipment shall be
specifically manufactured for performing body art procedures and shall be
used according to manufacturer's instructions. The mixing of approved
inks, dyes
or pigments or their dilution with potable water is acceptable.
Immediately
before applying a tattoo, the quantity of the dye to be used shall be
transferred
from the dye bottle and placed into single use paper cups or plastic cups.
Upon
completion of the tattoo, these single use paper cups or plastic caps and
their contents shall be discarded.
82.306 Requirements for Single Use Items
82.306.1 Single use items shall not be used on more than one client for
any reason. After use, all single use needles, razors, razor blades, and
other
sharps shall be immediately disposed of in approved sharps containers.
82.306.2 All products applied to the skin, including body art stencils
shall be single use and disposable. Acetate stencils shall be allowed for
re-use
if sanitization procedures (see 82.101.24) are performed between uses if
approved by the Division. Petroleum jellies, soaps and other products used
in the
application of stencils shall be dispensed and applied on the area to be
tattooed with sterile gauze or in a manner to prevent contamination of the
original container and its contents. The gauze shall be used only once and
then discarded.
82.307 Exemptions
82.307.1 Licensed health care practitioners allowed by law to provide
medical treatment who perform, either independent of or in connection
with, body art
procedures as part of patient treatment are exempt from these regulations.
82.307.2 Individuals who pierce only the outer perimeter and lobe of the
ear using a pre-sterilized single use stud and clasp ear piercing system
are
exempt from these Regulations. Individuals who use ear piercing systems
must
conform to the manufacturer's directions on use and applicable U.S. Food
and Drug
Administration requirements. The Division retains authority to investigate
consumer complaints relating to alleged misuse or improper disinfection of
ear piercing systems.
SECTION 82.4 NOTIFICATION AND RECORDS REQUIREMENTS
82.401 Public Notification Requirements
82.401.1 Verbal and written public educational information, approved by
the Division, shall be required to be given to all clients wanting to
receive
body art procedure(s). Verbal and written instructions, approved by the
Division,
for the aftercare of the body art procedure site shall be provided to each
client by the operator upon completion of the procedure. The written
instructions
shall advise the client to consult the operator at the first sign of
infection or
swelling and contain: the name, address and phone number of the
establishment. These documents shall be signed and dated by the applicant
and the
establishment retaining the original with all other required records. In
addition, all
establishments shall prominently display a Disclosure Statement, provided
by
the Division, which advises the public of the risks and possible
consequences of
body art services. The facility permit holder shall also post in public
view
the name, address and phone number of the Division, and the procedure for
filing
a complaint.
82.402 Client Records
82.402.1 In order for the establishment/owner to properly evaluate the
client's medical condition for receiving a body art procedure and not
violate the client's rights or confidential medical information, the
operator/technician shall obtain the following information from the
client: In order for proper
healing of your body art procedure, we ask that you disclose if you have
or
have had any of the following conditions:
(a) Diabetes;
(b) History of hemophilia (bleeding);
(c) History of skin diseases, skin lesions or skin sensitivities to soaps,
disinfectants;
(d) History of allergies or adverse reactions to pigments, dyes or other
skin sensitivities;
(e) History of epilepsy, seizures, fainting or narcolepsy;
(f) Taking medications such as anticoagulants which thin the blood and/or
interferes with blood clotting.
82.402.2 The operator/technician shall require the client to sign a
Release Form confirming that the above information was obtained or
attempted to be
obtained. The client should be asked to disclose any other information
that
would aid the operator/technician in the client's body art healing process
evaluation.
82.402.3 Each body art establishment shall keep records of all body art
procedures administered; including date, identification and location of
the
body art procedure(s) performed, and operator's name. All client records
shall be
confidential and be retained for a minimum of three (3) years and made
available
to the Division upon notification.
82.402.4 Nothing in this section shall be construed to require the
operator of a body art establishment to perform a body art procedure upon
a client.
82.403 Records Retention
82.403.1 The body art establishment shall keep a record of all persons who
have had body art procedures performed. The record shall include the name,
date of birth, and address of the client, the date of the procedure, name
of
operator who performed the procedure(s), type and location of procedure
performed,
signature of client and if the client is a minor, proof of parental or
guardian presence and consent, i.e. signature. Such records shall be
retained for a
minimum of three (3) years and available to the Division upon request. The
Division and the body art establishment shall keep such records
confidential.
Record Group Number: 1500
STATUTORY AUTHORITY: 16 Del.C. @ 122
140th GENERAL ASSEMBLY
SENATE BILL NO.
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE
RELATING TO THE REGULATION OF TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
(Three-Fifths of all members elected to each house thereof concurring
therein):
Section 1. Amend §122(3), Title 16 of the Delaware Code
by inserting a new paragraph to read as follows:
"w. Establish standards for the sanitary operation of tattoo parlors and
body piercing establishments. For purposes of this paragraph, ‘tattoo
parlor’ means a person or business that makes permanent marks on human skin by
puncturing the skin and inserting an indelible color or by producing scarring.
For purposes of this paragraph, ‘body piercing establishment’ means a person
or business that perforates any human body part or human tissue and places a
foreign object in the perforation for nonmedical purposes except for a person or
business that perforates only ears. Upon receipt of an application for a permit
and a permit fee of $100, the Department of Health and Social Services shall
issue a permit to a tattoo parlor or body piercing establishment if it meets the
requirements established under Department regulations. The Secretary shall be
authorized to issue restricted, provisional and other types of permits and to
revoke or suspend any permit in accordance with Department regulations. A
permit, unless sooner suspended or revoked, shall be renewed annually upon
filing by the permittee and payment of an annual permit fee of $100, provided
that an applicant meets the requirements set forth in Department
regulations."
SYNOPSIS
This Act will empower the Department of Health and
Social Services to set standards for the sanitary operation of tattoo parlors
and body piercing establishments, except establishments that only perform ear
piercing. Author: Sen. Bair
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