State Of Iowa
| IOWA Department of Public Health
|
Stephen
C. Gleason, D. O., Director
Lucas State Office Building
Des Moines, IA 50319-0075
515-281-5787 |
Division of Family & Community Health
Bureau of Disease Prevention
Tattoo Permit Program
The 1989 General Assembly enacted legislation (Iowa Code Section
139.43) regarding permit and operational requirements for tattoo
establishments and tattoo artists. The administrative rules to implement
this statute were effective January 1990 and provide for an application,
fee, and inspection process. Tattoo artists are required to have a
permit from the Iowa Department of Public Health and work in an
establishment that also has a permit from the Iowa Department of Public
Health. Establishments are inspected for use of sterilized needles and
supplies. The law prohibits tattooing of minors (under the age of 18).
For more information:
TATTOO ARTIST
|
Licensing Authority
|
Tattoo Permit Program
Division of Health Protection
Iowa Department of Public Health
Lucas State Office Building
Des Moines, IA 50319-0075
PHONE: (515)281-3031
FAX: (515)281-4570
|
|
Legal Authority
|
Code of Iowa, Chapter 135.37; Iowa Administrative
Code 641, Chapter 22
|
|
Job Description
|
A tattoo artist examines a patron's skin surface to
be tattooed for any evidence of skin infection; prepares the area to be
tattooed by applying an antiseptic approved by the Department of Public
Health, using sterile cotton or sterile gauze; applies a sterile
dressing to the tattooed area after the tattooing is complete; provides
the patron with printed instructions regarding tattoo care during the
healing process, and instructs patron to consult a physician if signs
and symptoms of an infection develop. He or she must also verify that
individual requesting a tattoo is not a minor.
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|
Education & Experience Required
|
An applicant does not have to meet any particular
education or experience requirements. However, an applicant cannot own,
control or lease, act as an agent for, conduct, manage, or operate an
establishment to practice the art of tattooing or engage in the practice
of tattooing without first applying for and receiving a permit from the
Department of Public Health.
|
|
Continuing Education
|
There are no continuing education requirements for
license renewal.
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|
Examination
|
There are no examinations required.
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Fees
|
Application:
$40.00
Duration: One Year - All permits expire on
December 31 of each year, regardless of the date of issue.
Renewal: $40.00
Other: Fees are prorated to the number of months
remaining in the calendar year and shall include the month the initial
application is received by the Department of Public Health. Permits are
not transferable and are valid for no longer than a 12-month calendar
year.
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OES Code
& Title
|
69999 - All Other Service Workers
|
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Number of Licenses Issued
|
1997: 115
1996: 83
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IOWA ADMINISTRATIVE CODE
641-22.2(135) Definitions.
For the purpose of these rules, the following definitions shall apply:
"Department" means the Iowa department of public health.
"Director" means the director of the Iowa department of public health.
"Minor" means an unmarried person who is under the age of 18 years.
"Tattoo artist" means any person engaged in the practice of tattooing.
"Tattoo establishment" means the location or mobile unit where tattooing
is
practiced.
"Tattooing" means to puncture the skin of a person with a needle and
insert
indelible permanent colors through the puncture to leave permanent marks
or
designs.
641-22.7(135) Application for permit--fees.
22.7(1) A person shall not own, control and lease, act as an agent for,
conduct, manage, or operate an establishment to practice the art of
tattooing or
engage in the practice of tattooing without first applying for and
receiving a
permit from the department.
22.7(2) Applications are available upon request from the Iowa Department
of
Public Health, Division of Health Protection, Tattoo Permit Program,
Lucas State
Office Building, Des Moines, Iowa 50319-0075.
22.7(3) The following fees (payable to the "Iowa Department of Public
Health") shall be submitted to the department with the completed
application:
a. For each tattoo establishment $ 25
b. For each tattoo artist $ 40
The above fees shall be prorated to the number of months remaining in
the
calendar year and shall include the month the initial application is
received by
the department.
NOTE: A fee of $ 100 shall be payable to the "Iowa Department of Public
Health" for any reinspection of a tattoo establishment that may be
necessary
prior to the issuance of a permit, or for any inspection that may be
necessary
prior to the issuance of a variance.
22.7(4) Permits shall not be issued until the tattoo establishment has
been
inspected by the department to ensure compliance with Iowa Code section
135.37
and these rules.
22.7(5) Permits shall be posted in a conspicuous place in the tattoo
establishment.
22.7(6) Notwithstanding the provisions of subrule 22.7(7), permits are
not
transferable and shall be valid for no longer than a 12-month calendar
year. All
permits expire on December 31 of each year, regardless of date of issue.
22.7(7) Within 30 days of a change in ownership, the new owner shall
furnish
the deparment with the following information:
a. Name of tattoo establishment.
b. Name, address, and telephone number of new owner.
c. Date the change in ownership took place.
NOTE: With a change of ownership, the tattoo establishment may continue
operating for a period not to exceed 30 calendar days provided the
tattoo artist
working at that tattoo establishment has a current permit from the
department.
Upon receipt of this information, the department shall forward an
application to
the new owner.
22.7(8) Applications for renewal purposes may be submitted to the
department
90 pays prior to the first day of the calendar year.
641-22.3(135) General provisions.
22.3(1) Tattoo artists and tattoo establishments who fail to meet the
requirements of Iowa Code section 135.37 or these rules shall be guilty
of a
serious misdemeanor.
22.3(2) No person shall tattoo a minor. Violators shall be guilty of a
serious misdemeanor.
22.3(3) No tattoo artist shall engage in the practice of tattooing
without
first obtaining a tattoo artist permit from the department.
22.3(4) Tattooing shall be practiced in facilities which have received a
tattoo establishment permit from the department.
641-22.6(135) Procedures.
22.6(1) For privacy purposes at the patron's request, there shall be in
place
(or readily available) a panel or other barrier of sufficient height and
width
to effectively separate the patron from any unwanted observers or
waiting
patrons. Panels or other barriers may be fixed or movable, rigid or
flexible.
22.6(2) Tattoo artists shall scrub their hands thoroughly before
beginning
the tattoo. Hands shall be dried with individual single use towels.
22.6(3) Tattoo artists shall wear clean outer garments. It is
recommended,
but not required, that sterile gloves be worn by the tattoo artists
during the
tattoo procedure.
22.6(4) The skin area to be tattooed shall first be cleansed with a
germicidal soap and water. Single use towels or sponges (gauze) shall be
used
during the cleansing procedure.
NOTE: Germicidal soaps may contain iodophor, chlorohexidine gluconate,
or
other active ingredient approved by the department.
22.6(5) Before placing the tattoo design on the patron's skin, the
tattoo
artist shall prepare the skin with an antiseptic such as 70 percent
alcohol,
iodophor solution, chlorohexidine gluconate solution, or other
antiseptic
approved by the department. The solution shall be applied with sterile
cotton or
sterile gauze.
22.6(6) Tattooing shall not be performed on any area where there is
evidence
of skin infection.
22.6(7) After the tattooing is completed, a sterile dressing shall be
applied
to the tattoo area.
22.6(8) Persons tattooed shall be provided with printed instructions
regarding tattoo care during the healing process and shall be instructed
to
consult a physician if signs and symptoms of an infection develop.
641-22.4(135) Sanitation and infection control.
22.4(1) Tattooing shall not be practiced in a residence unless the
tattoo
establishment is completely separated from the living quarters by a
solid
permanent partition. A solid door leading to the living quarters shall
be
permitted, provided it remains closed during business hours. A direct
outside
entrance to the tattoo establishment shall be provided.
22.4(2) Tattoo establishments shall have potable hot and cold water
under
pressure.
22.4(3) All tattoo establishments shall be equipped with toilet and
handwashing facilities which are connected to water and sewage disposal
systems.
Handwashing lavatories shall be supplied with cleansing compound and
single
towel service.
22.4(4) The tattoo establishment, including the immediate area where the
tattoo procedure is to be performed, shall have an area of not less than
150
square feet and shall be adequately lighted and ventilated.
22.4(5) Floors in the immediate area where the tattoo procedure is to be
performed shall have impervious, smooth, washable surfaces.
22.4(6) The entire premises and all facilities used in connection
therewith
small be maintained in a clean, sanitary, vermin-free condition and in
good
repair.
22.4(7) All refuse shall be stored in rigid containers with
tight-fitting
covers.
22.4(8) Closed cabinets for the exclusive storage of instruments, dyes,
pigments, stencils, and other equipment shall be provided for each
tattoo
artist.
22.4(9) Smoking or consumption of food or drink shall not be allowed in
any
area where the actual tattoo procedure is being performed.
NOTE: This restriction does not apply to other areas in the tattoo
establishment where the actual tattoo procedure is not performed.
22.4(10) No animals, except guide dogs for visually or hearing impaired
persons, shall be permitted in a tattoo establishment.
641-22.1(135) Purpose.
The purpose of this chapter is to stipulate the permit and operational
requirements for tattoo artists and tattoo establishments.
NOTE: Tattoo artists and tattoo establishments which are in compliance
with
Iowa Code section 135.37 and these rules are not relieved from the
requirements
of any other applicable state laws, or local ordinances.
641-22.5(135) Equipment.
22.5(1) All service table surfaces shall be constructed of easily
cleanable
material.
22.5(2) Sterile single service or sterile individual containers of dye
or ink
shall be used for each patron. Any dye or ink in which needles were
dipped shall
not be used on another person.
22.5(3) Ink cups shall be for single patron use.
22.5(4) All tubes, needle bars and instruments used in the tattoo
procedure
that are not sterile single patron use and disposable shall be
thoroughly
cleaned and steam sterilized or dry-heat sterilized between patrons.
a. Steam sterilization shall be at 250 degrees Fahrenheit (121 degrees
Celsius) for 15 minutes at a minimum pressure of 15 pounds per square
inch.
b. Dry-heat sterilization shall be at 350 degrees Fahrenheit (170
degrees
Celsius) for one hour.
22.5(5) Tattoo machines shall be clean and stored in a manner that will
maintain their cleanliness.
22.5(6) Needles shall be disposable, sterile, single patron use or shall
be
reusable needles and shall be thoroughly cleaned and steam sterilized or
dry-heat sterilized between patrons.
NOTE: Whenever a new sterile tube is used that contains a different
color of
dye or ink, a separate or new sterile needle shall also be used.
22.5(7) Razors shall be single patron use and disposable, or shall be
sterilized razors with a new blade used for each patron. Alum or other
material
used to stop the flow of blood shall be used only in liquid or powder
form.
22.5(8) After use, clippers shall be disinfected with 70 percent
alcohol,
iodophor solution, or other germicidal solution approved by the
department.
22.5(9) Topical ointments or medications shall be packaged for single
patron
use.
22.5(10) All bandages and dressings shall be sterile.
22.5(11) All instruments, equipment, and facilities shall be maintained
in a
clean and sanitary condition.
641-22.8(135) Variances.
22.8(1) A variance to these rules may be granted by the department
provided
sufficient information is afforded to substantiate the need for and
propriety of
the variance. A variance request shall be in writing and submitted to
the
department for consideration.
22.8(2) The granting or denial of a variance from these rules shall take
into
consideration, but shall not be limited to, the following criteria:
a. Substantially equal protection of health and safety must be afforded
by a
means other than that prescribed in the particular rule for which the
variance
is requested.
b. The degree of variance is sufficiently small so as not to pose a
significant risk of injury to any individual, and the remedies necessary
to
alleviate the need for a variance would incur substantial and
unreasonable
expense on the part of the person seeking the variance.
22.8(3) The department shall respond in writing to all variance
requests. The
response shall include the reason for granting or denying the requested
variance
and, if approved, the time period for which the variance will be
effective.
22.8(4) Any request for appeal concerning the denial of a variance
request
shall be in accordance with the procedures outlined in rule 22.9(135).
641-22.9(135) Adverse actions and the appeal process.
22.9(1) If the department determines that the provisions of Iowa Code
section
135.37 and these rules have been or are being violated, the department
may order
that a tattoo establishment not be operated until the necessary
corrective
action has been taken. If the establishment continues to be operated in
violation of the order of the department, the department may request
that the
county attorney or the attorney general make an application in the name
of the
state to the district court of the county in which the violations have
occurred
for an order to enjoin the violations. This remedy is in addition to any
other
legal remedy available to the department.
22.9(2) An order to cease operating shall be delivered by certified
mail,
return receipt requested, or by personal service.
22.9(3) Upon receipt of the order, the aggrieved party may request an
appeal.
The appeal shall be made in writing to the department within 30 days
from the
date of the aggrieved party's receipt of the department's order. The
address is:
Iowa Department of Public Health, Division of Health Protection, Tattoo
Permit
Program, Lucas State Office Building, Des Moines, Iowa 50319-0075. If
such a
request is made within the 30-day time period, the order shall be deemed
to be
suspended. Prior to or at the hearing, the department may rescind the
order upon
satisfaction that the reason for the order has been or will be removed.
After
the hearing, or upon default of the aggrieved party, the administrative
law
judge shall affirm, modify or set aside the order. If no request for
appeal is
received within the 30-day time period, the department's order shall
become the
department's final agency action.
22.9(4) Upon receipt of an appeal that meets contested case status, the
appeal shall be forwarded within five working days to the department of
inspections and appeals pursuant to the rules adopted by that agency
regarding
the transmission of contested cases. The information upon which the
adverse
action is based and any additional information which may be provided by
the
aggrieved party shall also be provided to the department of inspections
and
appeals.
22.9(5) The hearing shall be conducted according to the procedural rules
of
the department of inspections and appeals found in 481--Chapter 10, Iowa
Administrative Code.
22.9(6) When the administrative law judge makes a proposed decision and
order, it shall be served by certified mail, return receipt requested,
or
delivered by personal service. That proposed decision and order then
becomes the
department's final agency action without further proceedings ten days
after it
is received by the aggrieved party unless an appeal to the director is
taken as
provided in subrule 22.9(7).
22.9(7) Any appeal to the director for review of the proposed decision
and
order of the administrative law judge shall be filed in writing and
mailed to
the director by certified mail, return receipt requested, or delivered
by
personal service within ten days after the receipt of the administrative
law
judge's proposed decision and order by the aggrieved party. A copy of
the appeal
shall also be mailed to the administrative law judge. Any request for an
appeal
shall state the reason for appeal.
22.9(8) Upon receipt of an appeal request, the administrative law judge
shall
prepare the record of the hearing for submission to the director. The
record
shall include the following:
a. All pleadings, motions, and rules.
b. All evidence received or considered and all other submissions by
recording
or transcript.
c. A statement of all matters officially noticed.
d. All questions and offers of proof, objections and rulings thereon.
e. All proposed findings and exceptions.
f. The proposed decision and order of the administrative law judge.
22.9(9) The decision and order of the director becomes the department's
final
agency action upon receipt by the aggrieved party and shall be delivered
by
certified mail, return receipt requested, or by personal service.
22.9(10) It is not necessary to file an application for a rehearing to
exhaust administrative remedies when appealing to the director or the
district
court as provided in Iowa Code section 17A.19. The aggrieved party to
the final
agency action of the department who has exhausted all administrative
remedies
may petition for judicial review of the action pursuant to Iowa Code
chapter
17A.
22.9(11) Any petition for judicial review of a decision and order shall
be
filed in the district court within 30 days after the decision and order
becomes
final. A copy of the notice of appeal shall be sent to the department by
certified mail, return receipt requested, or by personal service. The
address
is: Iowa Department of Public Health, Division of Health Protection,
Tattoo
Permit Program, Lucas State Office Building, Des Moines, Iowa
50319-0075.
22.9(12) The party who appeals a final agency action to the district
court
shall pay the cost of the preparation of a transcript of the contested
case
hearing for the district court.
