State Of Tennessee
| Source: |
Tennessee Code : TITLE
39 CRIMINAL OFFENSES :
CHAPTER 15 OFFENSES AGAINST THE FAMILY |
| Terms: |
tattooing |
December, 2000 (Revised) 1
TENNESSEE DEPARTMENT OF HEALTH
BUREAU OF HEALTH SERVICES ADMINISTRATION
DIVISION OF GENERAL ENVIRONMENTAL HEALTH
CHAPTER 1200-23-3
TATTOO ARTIST AND TATTOO ESTABLISHMENT
TABLE OF CONTENTS
1200-23-3-.01 Definitions 1200-23-3-.06 Tattoo Artist Licensing
1200-23-3-.02 Prohibited Acts 1200-23-3-.07 Licensing and Permitting Fees
1200-23-3-.03 Minimum Standards for Tattoo Establishments 1200-23-3-.08 Loss of
Permit Document
1200-23-3-.04 Tattoo Operation 1200-23-3-.09 General Provisions
1200-23-3-.05 Establishment Permitting and Inspection System
1200-23-3-.01 DEFINITIONS
(1) "Antibacterial solution" means any solution
used to retard the growth of bacteria approved for the
application to human skin and includes all
products so labeled.
(2) "Antiseptic" means a substance that will
inhibit the growth and development of microorganisms without
necessarily destroying them.
(3) "Approved" means being accepted by the
Commissioner or local health officer, as appropriate under the
law.
(4) "Aseptic technique" means to render or
maintain free from infectious material.
(5) "Autoclave" means a device which
automatically holds the temperature, pressure, and time for the
purpose of sterilization.
(6) "Autoclave indicator" means chemical
detection strips, markers, or tape.
(7) "Biohazardous waste" means "regulated waste"
(see definition No. 46).
(8) "Blood" means human blood, human blood
components, and products made from human blood.
(9) "Bloodborne pathogens" means pathogenic
microorganisms present in human blood that can cause
disease in humans. These pathogens include, but
are not limited to, Hepatitis B virus (HBV) and human
immunodeficiency virus (HIV).
(10) "Chemical detection strips, markers or tape"
means the use of detection devices placed on items for
sterilization to facilitate in determining that
the item has been subjected to steam sterilization process.
(11) "Client" means any person desiring to
receive a tattoo.
(12) "Commissioner" means the Commissioner of the
Department of Health.
(13) "Contaminated" means the presence or the
reasonably anticipated presence of blood or other potentially
infectious materials on an item or surface.
(14) "Contaminated laundry" means laundry which
has been soiled with blood or other potentially infectious
materials or which may contain sharps.
(15) "Contaminated sharps" means any contaminated
object that can penetrate the skin including, but not
limited to, needles, scalpels, or broken glass.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.01, continued)
December, 2000 (Revised) 2
(16) "Critical item(s)" means those aspects of
operation or conditions which, if in violation, constitute the
greatest hazards to health and safety, including
imminent health hazards. Critical violations shall include
the following:
(a) autoclave does not meet minimum time,
pressure or temperature requirements;
(b) lack of a monthly negative spore or
microbiological monitoring test for quality control;
(c) nondisposable tubes and needles are not
sterilized or were sterilized greater than one (1) year ago;
(d) work room is not equipped as required or is
not stocked;
(e) reuse of single use articles;
(f) sterile instruments are not properly handled;
(g) reusable instruments are not handled
properly;
(h) employees with infectious lesions on hands
not restricted from tattooing;
(i) employees not practicing proper cleanliness
and good hygiene practices;
(j) water supply not approved, hot and cold
running water under pressure not available;
(k) approved sewage and liquid waste disposal not
available;
(l) cross connection allowing back-siphonage
present in plumbing system;
(m) toilet and hand washing facilities not
available for employees;
(n) insect and rodent evidence, harborage, or
outer opening present; or
(o) toxic items not properly stored, labeled, or
used.
(17) "Decontamination" means the use of physical
or chemical means to remove, inactivate, or destroy
bloodborne pathogens on a surface or item to the
point where they are no longer capable of transmitting
infectious particles and the surface or item is
rendered safe for handling, use, or disposal.
(18) "Department" means the Department of Health.
(19) "Disinfectant" means a solution intended to
destroy or inactivate specific viruses, bacteria, or fungi on
clean, inanimate surfaces [e.g., 1:10 bleach
solution] or commercially labeled disinfectant.
(20) "Easily cleanable" means that surfaces are
readily accessible and made of such materials and finish and so
fabricated that residue may be effectively
removed by normal cleaning methods.
(21) "Engineering controls" mean controls (e.g.,
sharps disposal containers) that isolate or remove the
bloodborne pathogens hazard from the workplace.
(22) "Exposure incident" means a specific eye,
mouth, other mucous membrane, non-intact skin, or parenteral
contact with blood or other potentially
infectious materials that results from the performance of an
employee’s duties.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.01, continued)
December, 2000 (Revised) 3
(23) "Extensively remodeled" means alteration to
affect the increase or decrease of floor space or the
alteration of walls in a work area.
(24) "Germicide" means an agent that kills
pathogenic microorganisms.
(25) "Germicidal solution" means any solution
which destroys microorganisms and is so labeled.
(26) "Handwashing facilities" means a facility
providing an adequate supply of running potable water, soap
dispenser, soap, and single use towels or
automatic dryer.
(27) "Health officer" means an individual
appointed by the Commissioner pursuant to T.C.A. 68-2-603.
(28) "Imminent health hazard" means any
condition, deficiency, or practice, as defined by the health officer,
which, if not corrected, is very likely to result
in illness, injury, or loss of life to any person.
(29) "Infectious waste" means "regulated waste"
(see definition No. 48).
(30) "Law" means any applicable provision of the
State of Tennessee statutes and rules of any department or
agency.
(31) "License" means the issuance of a license to
perform tattooing to any individual, partnership, firm or
corporation. "License" further means to allow or
authorize any person who has satisfactorily completed
all requirements set forth by law or by the local
health officer to engage in the practice or business or
tattooing.
(32) "Local health department" means the agency
defined in T.C.A. 68-2-601 et. seq.
(33) "Microbiological monitoring for quality
control" means the use of a standard spore, Bacillus
stearothermophilus to challenge the sterilization
process.
(34) "Occupational exposure" is synonymous with
"exposure incident" (see definition No. 21).
(35) "Other potentially infectious material"
means the following human body fluids: semen, vaginal
secretions, saliva, and any body fluid visibly
contaminated with blood.
(36) "Owner/Operator" means the applicant,
permittee, or other person or persons in charge of a facility.
(37) "Parenteral" means piercing mucous membranes
or the skin barrier through such events as needle sticks,
human bites, cuts, and abrasions.
(38) "Patron or customer" is synonymous with
"client" (see definition No. 11).
(39) "Percutaneous" means infectious materials
may enter the body through compromised skin surfaces (e.g.,
needle sticks, acne, cuts, lesions).
(40) "Permit" means the issuance of a permit to a
tattoo studio or establishment to allow or authorize a tattoo
establishment to be operated for the purpose of
engaging in the practice or business of tattooing.
(41) "Person" means tattoo operator and/or any
individual, partnership, firm, corporation, agency,
municipality, or state or political subdivisions,
or the federal government and its agencies and
departments, depending on the context within the
rules.
(42) "Personnel" means the permit holder, any
person who tattoos, individuals having supervisory or
management duties, or any other person employed
or working in a tattoo establishment. This individual
may or may be a tattoo artist.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.01, continued)
December, 2000 (Revised) 4
(43) "Person in charge" means the individual
present in a tattoo establishment who is the apparent supervisor
at the time of inspection, or, if no individual
is the apparent supervisor, then any employee present.
(44) "Personal protective equipment" means
specialized clothing or equipment, such as gloves or lapcloth,
worn by an employee for protection against a
hazard. General work clothes not intended to function as
protection against a hazard are not considered to
be personal protective equipment.
(45) "Potable water" means water that is safe for
drinking.
(46) "Regional Health Director" means an
individual who directs the operations of a Tennessee Department of
Health Region or the Regional Director's
designee.
(47) "Registration" means license or permit, as
applicable.
(48) "Regulated waste" means 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 semiliquid
state, if compressed, and contaminated sharps.
(49) "Safe materials" means articles manufactured
and used in accordance with law.
(50) "Sanitary" means clean and free of agents of
infection.
(51) "Sanitization" means an effective germicidal
treatment by a process that provides enough accumulative
heat or concentration of chemicals for enough
time to reduce the microorganism level, including
pathogens, to a safe level on utensils and
equipment.
(52) "Sewage" means human excreta, all water
carried waste, and household wastes from residences,
buildings, or commercial and industrial
establishments.
(53) "Single use" means a disposable item that is
used one (1) time on one (1) client and then is properly
disposed of by appropriate measures.
(54) "Solid waste" means refuse, garbage, trash,
rubbish, and any other item(s) which could cause an
unsanitary condition or undesirable health and
safety conditions.
(55) "Sterilization" means holding in an
autoclave for fifteen (15) minutes, at fifteen (15) pounds pressure, and
at a temperature of two hundred fifty degrees
(250° F ) Fahrenheit or one hundred twenty-one degrees
(121°C) Celsius.
(56) "Tattoo" means any method of placing
designs, letters, figures, symbols, cosmetics, or any other marks
under the skin of a person using ink or color
with the aid of needles or instruments.
(57) "Tattoo artist" means any person, regardless
of age, who engages in the practice/service of tattooing
regardless of the type of tattoo or area to be
tattooed.
(58) "Tattoo artist registration" means the
issuance of a State license authorizing the person named thereon to
engage in the practice/service of tattooing in
the State of Tennessee after fulfilling the requirements in
T.C.A. Title 62, Chapter 38 and these rules.
(59) "Tattoo establishment" means any room or
space where tattooing is performed or where the business of
tattooing, or any part thereof, is conducted. The
term is synonymous with "tattoo parlor" and "tattoo
studio".
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.01, continued)
December, 2000 (Revised) 5
(60) "Tattoo operator" means any person who
controls, operates, conducts, or manages any tattoo studio,
whether actually engaging in tattooing or not.
(61) "Tattoo parlor" means "tattoo establishment"
(see definition No. 59).
(62) "Tattoo studio" means any room or space
where tattooing is practiced or where the service of tattooing is
performed.
(63) "Universal precautions" means treating all
blood and body fluids as if they contain bloodborne pathogens
and taking proper precautions to prevent the
spread of any bloodborne pathogens.
(64) "Utensil" means any implement, tool, or
other similar device used in the storage, preparation, operation,
or processing of a tattoo.
(65) "Waste" means solid waste, sewage, blood and
body fluids or other waste resulting from the operation of
a tattoo studio.
(66) "Work area" means an area where clients are
tattooed.
(67) "Work practice controls" means controls that
reduce the likelihood of exposure by altering the manner in
which a task is performed.
(68) "Work station" means a work area (see
definition No. 66).
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed
September 26, 2000; effective December 10, 2000.
1200-23-3-.02 PROHIBITED ACTS
(1) No person under the age of eighteen (18)
years shall tattoo another person.
(2) No person shall tattoo another person who is
under the influence of drugs or alcohol.
(3) No person shall tattoo another person who is
under the age of eighteen (18) years. However, a minor
sixteen (16) years or older may be tattooed with
the written consent of a parent or legal guardian to cover
up an existing tattoo, and a parent or legal
guardian of such minor shall be present during the procedure.
(4) No person shall tattoo any site in which the
skin surface exhibits any evidence of unhealthy conditions.
(5) No person except a duly licensed physician
shall remove or attempt to remove any tattoo.
(6) During all studio operating hours, tattooing
shall not be performed unless there is a currently licensed
tattoo artist present in the facility.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed September
26, 2000; effective December 10, 2000.
1200-23-3-.03 MINIMUM STANDARDS FOR TATTOO
ESTABLISHMENTS
(1) Each studio where tattoos are administered
shall provide a work area separate from observers or visitors.
A work area shall have a sink equipped with hot
and cold running water for hand washing and cleaning
instruments, apart from a bathroom sink.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.03, continued)
December, 2000 (Revised) 6
(2) Each tattoo establishment shall be equipped
with an autoclave or steam sterilizer, a sterilizing device
capable of meeting sterilization as defined in
1200-23-3-.01(55). The autoclave shall be used to sterilize
all nondisposable or reusable tattooing
equipment.
(3) Each location shall have the facilities to
properly dispose of all waste material. All materials (e.g.,
needles) must be disposed of in accordance with
the Code of Federal Regulations, Title 29, Part 1910,
Occupational Safety and Health Act, Bloodborne
Pathogens and/or accepted universal precaution
guidelines.
(4) The use of common towels is prohibited.
Handsinks shall be equipped with a soap dispenser and single
use towels.
(5) Water Supply.
(a) Enough potable water for the needs of the
tattoo studio shall be provided from a source constructed
and operated according to law.
(b) Sewage. All sewage, including liquid water,
shall be disposed of by a public sewerage system or by
a sewerage disposal system constructed and
operated according to law.
(c) Plumbing. Plumbing shall be sized, installed,
and maintained according to law. There shall be no
cross-connection between the potable water supply
and any other water supply or other source of
contamination.
(6) Toilet Facilities.
(a) Toilet installation. Toilet facilities shall
be designed, installed, and maintained according to law.
There shall be sufficient toilet rooms and/or
toilet fixtures to accommodate clients and operators.
(b) Toilet rooms. Toilet rooms opening directly
into work or customer waiting areas shall be
completely enclosed and shall have tight-fitting,
solid doors, which shall be closed except during
cleaning or maintenance.
(c) Toilet fixtures. Toilet fixtures shall be
kept clean and in good repair. A supply of toilet tissue shall
be provided at each toilet at all times. Easily
cleanable receptacles shall be provided for waste
materials. Toilet rooms shall have at least one
covered waste receptacle.
(7) Lavatory Facilities.
(a) Lavatory installation. Lavatory facilities
shall be designed, installed, and maintained according to
law. Facilities shall be of sufficient number and
location to permit convenient use by clients and
operators.
(b) Lavatory faucets. Each lavatory shall be
provided with hot and cold water tempered by means of a
mixing valve or combination faucet. Any
self-closing, slow-closing, or metering faucet used shall
be designed to provide a flow of water for at
least 15 seconds without the need to reactivate the
faucet.
(c) Lavatory supplies. A soap dispenser and a
supply of antiseptic, hand-cleaning soap or detergent
shall be available at each lavatory. A supply of
single use sanitary towels or a hand-drying device
providing heated air shall be conveniently
located near each lavatory. If disposable towels are used,
easily cleanable waste receptacles shall be
conveniently located near the handwashing facilities.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.03, continued)
December, 2000 (Revised) 7
(d) Lavatory maintenance. Lavatories, soap
dispensers, hand-drying devices, and all related fixtures
shall be kept clean and in good repair.
(8) Solid Waste
(a) Containers.
1. Garbage and refuse shall be kept in durable,
easily cleaned containers that do not leak and do
not absorb liquids. Containers shall be kept in a
clean and sound condition and disposed of
according to law.
2. Containers used in work areas shall be kept
covered when not in use and after they are filled.
3. There shall be a sufficient number of
containers to hold all the garbage and refuse that
accumulate.
(b) Garbage and refuse shall be disposed of at
such frequency to prevent the development of odor and
the attraction of insects, rodents, or vermin.
(c) Disposal of infectious waste such as blood,
fluids, used inks, or other liquid waste may be deposited
directly into a drain connected to a sanitary
sewer system. Disposable needles, scalpels, or other
sharp items shall be placed intact into
puncture-resistant containers with a biohazard label before
disposal. Filled sharps containers shall be
considered regulated waste and must be disposed of in
accordance with Solid Waste Processing and
Disposal Regulations (1200-1-7).
(d) Waste potentially contaminated with small
amounts of blood or other infectious body fluids (e.g.,
gauze, wipes, disposable lap cloths), which do
not meet the definition of regulated waste, shall be
placed in sealed, impervious bags to prevent
leakage of the contained items. These bags shall be of
sufficient strength to prevent breakage or
leakage and shall not contain any sharps. The waste bags
shall be containerized and disposed of in an
approved sanitary landfill.
(9) The premises shall be kept in such condition
as to prevent the entrance, harborage, or feeding of insects,
rodents, or vermin.
(10) Floors
(a) Floor construction. Floors and floor
coverings of all work areas, dressing rooms, locker rooms,
toilet rooms and vestibules shall be constructed
of smooth, nonabsorbent, durable material and
maintained in good repair. Carpeting, if used as
a floor covering, shall be of closely woven
construction, properly installed, easily
cleanable, and maintained in good repair. Carpeting is
allowed in work areas, dressing rooms, locker
rooms, and toilet rooms. Carpeted flooring around
the operating chair and work table in the work
area must be covered by vinyl or rubber sheeting or
mats so as to preclude any spillage that may
occur during the tattoo operation.
(b) Mats. Mats shall be of nonabsorbent, grease
resistant materials and of such size, design, and
construction as to facilitate their being easily
cleanable.
(11) Walls and Ceilings
(a) Maintenance. Walls and ceilings, including
doors, windows, skylight, and similar closures shall be
constructed of smooth, nonabsorbent, durable
material and be maintained in good repair.
(b) Attachments. Light fixtures, vent covers,
wall-mounted fans, and similar equipment attached to
walls and ceilings shall be easily cleanable and
maintained in good repair.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.03, continued)
December, 2000 (Revised) 8
(12) Physical Facilities. Floors, mats, walls,
ceilings, and attached equipment and decorative materials shall be
kept clean.
(13) Lighting
(a) Permanently fixed artificial light sources
shall be installed to provide at least 50 foot candles of light
on all work area surfaces and at equipment
washing work levels.
(b) Permanently fixed artificial light sources
shall be installed to provide at a distance of 30 inches from
the floor at least 10 foot candles of light in
all other areas.
(14) Ventilation. All rooms shall have sufficient
ventilation to keep them free of excessive heat, steam,
condensation, vapors, obnoxious odors, smoke, and
fumes.
(15) Living areas. No operation of a tattoo
establishment shall be conducted in any room used as living or
sleeping quarters.
(16) Poisonous or Toxic Materials
(a) Materials permitted. There shall be present
in the tattoo studio only those poisonous or toxic
materials necessary for maintaining the
establishment and cleaning or sanitizing equipment, as well
as controlling insects and rodents.
(b) Labeling of materials. Containers of
poisonous or toxic materials shall be prominently and distinctly
labeled according to law for easy identification
of contents.
(c) Toxic items shall be separated from other
forms of materials used in the process of tattooing.
(17) Premises
(a) Tattoo establishments shall be kept neat,
clean, and free of litter and rubbish.
(b) Only articles necessary for the operation and
maintenance of the tattoo establishment shall be stored
on or within the establishment.
(18) Animals. Live animals of all species shall
be excluded from within the tattoo studio operational premises
and from adjacent areas within the facility under
the control of the permit holder. However, this
exclusion does not apply to fish in aquariums.
Service animals accompanying blind or deaf persons shall
be permitted in the establishment.
(19) Equipment and Utensils
(a) Materials
1. Multi-use equipment and utensils shall be
constructed and repaired with safe materials,
including finishing materials; they shall be
corrosion resistant and nonabsorbent; and they shall
be smooth, easily cleanable, and durable under
conditions of normal use. Single-service
articles shall be made from clean, sanitary, and
safe materials.
2. Re-use of single service articles is
prohibited.
(b) Design and Fabrication
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.03, continued)
December, 2000 (Revised) 9
1. General. All equipment and utensils, including
plasticware, shall be designed and fabricated
for durability under conditions of normal use and
shall be resistant to denting, buckling,
pitting, and chipping.
(i) Tattooing and operational surfaces shall be
easily cleanable, smooth, and free of breaks,
open seams, cracks, chips, pits, and similar
imperfections, as well as free of difficult-toclean
internal corners and crevices.
(ii) Sinks and drain boards shall be
self-draining.
2. Non-tattooing or operational surfaces.
Surfaces of equipment not intended as operational
surfaces, but which are exposed to splash or
debris or which otherwise require frequent
cleaning, shall be designed and fabricated to be
smooth, washable, free of unnecessary ledges,
projections, or crevices and readily accessible
for cleaning. Such surfaces shall be of material
and in such repair as to be easily maintained in
a clean and sanitary condition.
3. Needles, needle bars, dyes, or pigments shall
be designed and manufactured for the sole
purpose of tattooing.
(20) Aisles and working spaces. Aisles and
working spaces between units of equipment and walls shall be
unobstructed and of sufficient width to permit
employees to perform their duties readily without
contamination of equipment or of operational
surfaces by clothing or personal contact.
(21) Work Area. The work room is to be equipped
or stocked in the following manner:
(a) a minimum of six (6) sterilized needles, six
(6) needle bars, and six (6) needle tubes;
(b) a minimum of one extra package of disposable
towels other than the package that is being used;
(c) a minimum of one extra box of disposable
gloves other than the box being used; and
(d) an extra supply of bandages, ointment or gel,
and antibacterial soap.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed September
26, 2000; effective December 10, 2000.
1200-23-3-.04 TATTOO OPERATION
(1) Universal precautions, as defined in these
rules, shall be observed to prevent contact with blood or other
potentially infectious materials. Employees shall
be trained in universal precautions.
(a) Assume all human blood, plasma, serum, body
fluids (semen, saliva, breast milk, vaginal secretions
and any fluid contaminated with blood) and
tissues to be contaminated with Human
Immunodeficiency Virus (HIV) and/or Hepatitis
viruses (e.g., HBV).
(b) The most susceptible route of occupational
infection for HIV and HBV is by accidental needle
sticks, contamination of the mucous membranes, or
through broken, abraded, or irritated skin. Use
appropriate caution and maximum protection to
prevent such contact.
(c) Proper decontamination procedures, emergency
biohazard spill management, and proper use of
biosafety equipment shall be utilized.
(d) Use aseptic technique. Thorough hand washing
is essential after client contact, after handling blood
and body fluids, after wearing gloves, and prior
to exiting the work area.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.04, continued)
December, 2000 (Revised) 10
(e) Needles and needle bar assemblies shall be
sterilized prior to use. It is permissible to use sterilized
disposable needles and disposable needle bar
assemblies for tattooing.
(f) Nondisposable needle and nondisposable needle
bar assemblies shall be soaked in a disinfectant
solution for a minimum of thirty (30) minutes
prior to removing the needle. Do not remove a used
needle from a needle bar by hand. Needles shall
be removed from needle bars through the use of
gloves and pliers or similar means to prevent
accidental puncture. Dispose of needles and other
sharps in puncture proof, autoclavable
containers, or disposable biohazard containers.
(g) After soldering a new needle to the needle
bar, the completed assembly (needle and needle bar) shall
be sterilized.
(h) All regulated wastes shall be disposed of in
labeled, manufacturer's color-coded waste containers.
(i) A spill kit (bleach, leak proof container,
paper towels, gloves, spray bottle) is to be used to clean up
infectious material spills. Small spills can be
wiped up, after donning protective gloves, with paper
towels and sprayed with freshly made ten percent
(10%) bleach solution.
(j) Clean all work areas and equipment used in
handling human biohazardous materials with proven
disinfectant (e.g., 10% dilution of bleach) when
concluding work to protect personnel from
accidental infection.
(k) Eating, drinking, smoking, and applying
cosmetics or lip balm are not permitted in the work area.
Food shall be stored in cabinets or refrigerators
designated and used for this purpose only. Food
storage cabinets or refrigerators shall be
located outside the work area.
(l) All procedures shall be performed carefully
to minimize the creation of aerosols.
(m) Report all work related accidents, incidents,
and unexplained illness to your supervisor and/or
physician immediately.
(n) Used gloves shall be removed after each
operation and prior to contacting work surfaces, door
knobs, wall switches, or telephones. Dispose of
used gloves in a bagged, trash container.
(2) Personnel of a tattoo establishment
(a) The tattoo establishment operator shall make
available, at no cost to the personnel, Hepatitis B
vaccination series, as well as any routine
booster dose(s) to every person who may have
occupational exposure to blood or other
potentially infectious material. For new personnel the
vaccine shall be made available within ten (10)
working days of initial work assignment.
(b) Personnel who decline to accept the Hepatitis
B vaccination series must sign a form indicating their
refusal.
(c) The outer clothing of all personnel shall be
clean.
(d) Each tattoo artist shall use a single use lap
cloth.
(e) Tattoo artist/operators shall wash their
hands with antiseptic soap before and after treating each
client (i.e., before glove placement and after
glove removal) and after barehanded touching of
inanimate objects likely to be contaminated by
blood, saliva, or respiratory secretions. Hands shall
be washed after removal of gloves, smoking,
eating, drinking, or using the toilet.
(f) Tattoo artist/operators who have exudative
lesions or weeping dermatitis, particularly on the hands,
shall refrain from all direct client contact and
from handling equipment until the condition resolves.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.04, continued)
December, 2000 (Revised) 11
(g) Personnel shall consume food only in
approved, designated areas. There shall be no eating or
drinking in the operation area of the
establishment.
(h) Personnel shall not use tobacco in any form
while engaged in the operation or process of tattooing,
nor while in areas used for equipment or utensil
washing. Personnel shall use tobacco only in
approved, designated areas.
(i) Personnel shall maintain a high degree of
personal cleanliness and shall conform to good hygienic
practices during all working periods in tattoo
studios.
(3) Implementation of infection-control practices
(a) Disposable latex or vinyl examination gloves
shall be worn by a tattoo artist at all times while
administering any tattoo. Gloves shall be changed
and properly disposed of each time there is an
interruption in the application of a tattoo, or
whenever their ability to function as a barrier is
compromised. Gloves shall be changed between
clients and used gloves shall be properly disposed
of as provided in these rules.
(b) Only single use supplies (or sterilized
equipment) may be used to apply a tattoo and shall be
disposed of after each tattoo. This subsection
includes single use disposable razors; single use
towels or wipes; lubricants removed from a
collapsible tube; and single use paper stencils or plastic
stencils soaked in a germicidal solution. If the
design is drawn directly onto the skin, it shall be
applied only with a single use article. Single
use or individual portions of dye and ink pots or trays
shall be used. After tattooing, single use items,
dyes, and containers shall be discarded and the
tattoo work area disinfected.
(c) When it is necessary to shave the area to be
tattooed, a new blade for each patron or customer shall
be used when a safety razor is employed, and the
permanent part of such razor shall be treated as
hereinafter set forth for the care of the
straight razor or disposable safety razor. If a straight razor is
used, it shall be cleaned with soap and water,
rinsed in clear water, and then sterilized in an
autoclave.
(d) A sterile set of needles, needle bar, and
tube shall be used for each patron or customer. Dried inks
and other materials on instruments must be
removed by either ultrasonic cleanser or by soaking in
either detergent or disinfectant solution
followed by rinsing in clean water prior to sterilization.
(e) All tubes, needles, and needle bars shall be
sealed for individual client use in autoclave bags with a
chemical or autoclave indicator and date (month
and year) of sterilization clearly visible. After
tattooing, used non-disposable instruments such
as tubes shall be kept in a separate, puncture
resistant container until properly cleaned,
disinfected, and sterilized using universal precautions and
recognized medical methods. The needle tube of
the tattooing machine shall be cleaned and
sterilized in a similar method after use.
(f) Microbiological monitoring for adequate
functioning of each autoclave will be done at least monthly
using a commercial source of Bacillus
stearothermophilus which is then tested in an accredited
commercial laboratory. All laboratory reports
will be logged and kept for two years and shall be
available for inspection.
(g) Upon notification of a positive
microbiological monitoring report (detection of viable spores), the
sterilizer shall be immediately checked for
proper use and function. A repeat test shall be performed
within three (3) days. Upon a subsequent positive
result from a repeat test, discontinue use of the
sterilizer until properly serviced and a negative
result obtained.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.04, continued)
December, 2000 (Revised) 12
(h) Sterilizer indicator tape and/or sterilizer
bags with indicator tape areas which change color will be
used with all items sterilized to indicate the
item has been autoclaved. All items shall be marked
with the date of sterilization.
(i) Sterilized items in the sealed, autoclaved
bags shall be stored in a clean, dry place, until used, for no
more than one (1) year.
(j) Sterilization indicators must change color or
discontinue use of autoclave until a negative spore
sample is obtained.
(k) The requirement for an autoclave shall be
exempt in cases where there is only the use of
manufactured, pre-sterilized single use,
preassembled needle and needle bar, disposable needles,
needle bars and needle tubes and similar
tattooing equipment, and/or the use of no other equipment
or tools requiring sterilization.
(4) Minimum standards for tattooing
(a) After shaving the area to be tattooed, or if
the area does not need to be shaved, the site of the tattoo
shall be cleaned with soap and water, rinsed with
clean water, and germicidal solution applied or
wiped with alcohol in a sanitary manner before
the design is placed on the skin.
(b) Single-use towels or gauze shall be used in
preparing the site to be tattooed and shall be disposed of
after use on each patron or customer. The use of
roll-on or stick deodorants for tattoo site
preparation is prohibited.
(c) Excess dye applied to the skin shall be
removed with single-use gauze pads, towels, or cotton only.
The entire site shall be covered with a sterile
gauze dressing or telfa pad.
(d) The stencil for transferring the design to
the skin shall be maintained in a clean, sanitary condition.
(e) Records showing the date of the client’s
visit, printed name, signature, address, age, design of the
tattoo, its location on the body, and tattooist’s
name shall be kept on the establishment premises for
a minimum of 2 years.
(f) After each tattooing, written instructions
shall be given to each patron or customer on the care of the
skin of the tattooed site to prevent infection. A
copy of these instructions shall be posted in a
conspicuous place in the tattoo establishment,
clearly visible to the customer or patron being
tattooed. These instructions shall include, but
are not limited to, bandaging, cleaning, sun exposure,
scratching, and wearing of clothing over or
around the tattoo site.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed
September 26, 2000; effective December 10, 2000.
1200-23-3-.05 ESTABLISHMENT PERMITTING AND
INSPECTION SYSTEM
(1) Application Procedures
(a) Any person planning to operate a tattoo
establishment shall obtain a written application for a permit
on a form provided by the local health officer
through the local county health department prior to
operating a tattoo establishment. A new or
initial application is required for tattoo establishments
that have not previously been permitted or for
instances when ownership changes.
(b) The local health department shall issue a
tattoo establishment permit
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.05, continued)
December, 2000 (Revised) 13
1. after an inspection of the proposed facility
reveals that the facility is in compliance with
requirements of these rules and
2. upon receiving a completed application with
applicable fees.
(2) Inspection results - Reporting and Scoring
(a) Inspection results for tattoo establishments
shall be recorded on standard departmental forms which
summarize the requirements of the law and rules
and regulations.
(b) The scoring system shall include a weighted
point value for each requirement in which critical items
are assigned values of either four (4) or five
(5) points, with minor violations having assigned values
of either one (1) or two (2) points.
(c) The rating score of the facilities shall be
the total of the weighted point values for all violations
subtracted from one hundred (100).
(3) Violation Correction
(a) In accordance with T.C.A. 62-38-202,
correction of critical and minor violations shall be within
seven (7) and fourteen (14) calendar days,
respectively.
(b) Upon declaration of an imminent health hazard
by the local health officer acting consistent with the
provisions of Tennessee Code Annotated, Section
68-2-608 (b), the local health officer shall issue
an order requiring the facility to immediately
cease operations until authorized to reopen. In the
event of any such closure order, the operator
shall be afforded an opportunity for a hearing, if
requested by the operator, as promptly as is
reasonable under the circumstances.
(c) In the case of temporary tattoo facilities,
all critical violations shall be corrected within twenty-four
(24) hours. If critical violations are not
corrected within twenty-four (24) hours, the establishment
shall immediately cease tattoo operation until
authorized to resume by the local health officer or his
duly authorized representative. Upon declaration
of an imminent health hazard by the local health
officer acting consistent with the provisions of
Tennessee Code Annotated, Section 68-2-608 (b),
the health officer shall issue an order requiring
the facility to immediately cease operations until
authorized to reopen. In the event of any such
closure order, the operator shall be afforded an
opportunity for a hearing, if requested by the
operator, as promptly as is reasonable under the
circumstances.
(4) The inspection report shall state that
failure to comply with any time limits for correction may result in
cessation of operations. An opportunity for a
review concerning the inspection and/or inspection report
and/or on the ordered corrective action will be
provided if written request is filed with the local health
department in the county of the affected
establishment within ten (10) calendar days following the
inspection. If a request for a review is
received, a review shall be held within fourteen (14) days after
receipt of the request. The decision of the local
health officer shall be final.
(5) If a second violation of any critical item
(identical or otherwise) is committed within the period of one (1)
year (calendar or otherwise), the tattoo studio
shall be subject to a civil penalty of up to five hundred
dollars ($500) and the tattoo studio’s permit may
be revoked.
(6) Permit Revocation
(a) After providing an opportunity for a hearing,
the local health officer or his duly authorized
representative may revoke a permit for serious or
repeated violations of requirements of this part or
for interference with the local health department
in the performance of their duty. The violation of
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.05, continued)
December, 2000 (Revised) 14
two (2) or more critical items within a twelve
(12) month period may result in revocation of the
tattoo establishment permit.
(b) Prior to revocation, the local health officer
or his duly authorized representative shall notify, in
writing, the permittee of the specific reason(s)
for which the permit is to be revoked, and that the
permit shall be revoked at the end of ten (10)
days following service of such notice unless a written
request for a hearing is filed with the local
health officer within such ten-day period. If no request
for hearing is filed within the ten-day period,
the revocation of the permit becomes final.
(7) License Revocation
(a) After providing an opportunity for a hearing,
the local health officer or his duly authorized
representative may revoke an artist or operator’s
license for serious or repeated violations of
requirements of this part or for interference
with the local health officer or his duly authorized
representative in the performance of his duty.
(b) Prior to revocation, the local health officer
or his duly authorized representative shall notify, in
writing, the licensee of the specific reason (s)
for which the license is to be revoked, and that the
license shall be revoked at the end of ten (10)
days following service of such notice, unless a written
request for a hearing is filed with the local
health officer within such ten-day period. If no request
for hearing is filed within the ten-day period,
the revocation of the license becomes final.
(c) When a tattoo artist or operator’s license is
revoked by the local health officer, a new license shall
be issued upon meeting all requirements for a new
license and the submission of a new application
with applicable fees.
(8) Civil penalties shall be assessed in
accordance with T.C.A. 62-38-202.
(9) Whenever a facility is required under this
section to cease operations, it shall not resume operations until
it is shown on re-inspection that conditions
responsible for the order to cease operations no longer exist.
Opportunity for re-inspection shall be offered within a reasonable time by the
local health officer.
(10) Any suspension or revocation of a permit or
license may be appealed to the local health officer who shall
then conduct a hearing of such appeal in
accordance with the Uniform Administrative Procedures Act in
Title 4 of the Tennessee Code Annotated. The
decision made by the local health officer concerning the
appeal may be appealed to the commissioner, such
appeal to the commissioner being limited to the issue
of determining whether a material error of law
was made at the hearing level.
(11) Submission of plans and specifications -
Review - Approval.
(a) No tattoo establishment shall be constructed,
extensively remodeled, or converted except in
accordance with plans and specifications approved
by the local health department or its duly
authorized representative.
(b) Whenever a tattoo establishment is
constructed or extensively remodeled and whenever an existing
structure is converted to use as a tattoo
establishment, plans and specifications shall be submitted to
the local health department for review and
approval before construction, remodeling, or conversion
is begun. The plans and specifications shall
indicate the proposed layout arrangement, mechanical
plans, construction materials, work areas, and
the type and model of proposed fixed equipment and
facilities. The local health department shall
approve the plans and specifications if they meet the
requirements of the law, rules, and regulations.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103, and 68-2-608.
Administrative History: Original rule
filed September 26, 2000; effective December 10,
2000.
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
December, 2000 (Revised) 15
1200-23-3-.06 TATTOO ARTIST LICENSING
(1) Apprentice Tattoo Artist
(a) Any tattoo artist not in business or
operating prior to October 1, 1996, shall be required to obtain an
apprentice license and operate from an approved
tattoo establishment.
(b) A tattoo apprentice artist license shall be
issued upon submitting an application with the appropriate
fee.
(2) A tattoo operator or tattoo artist shall
undergo a training program before receiving a permit either to
operate a tattoo establishment or to apply a
tattoo. The training shall include at least one of the following:
(a) the Alliance of Professional Tattooist course
in sterilization;
(b) an approved local or state health department
program;
(c) a course approved by the local health
department in methods and techniques for the proper
sterilization of instruments and materials used
in tattooing; or
(d) present acceptable evidence of having
satisfactorily completed an approved course of instruction in
sterilization techniques and methods through a
college medical sterilization course.
(3) The tattoo operator and/or tattoo artist
shall be required to take and pass an examination concerning the
provisions of T.C.A. Title 62, Chapter 38 before
a license shall be issued. Such examination shall be
either a written exam prescribed by the local
health department or documentation of a similar exam given
with a course as required in 1200-23-3-.06(2)(a),
(c), or (d). After passing such examination and
complying with the other provisions of the law
and these rules, a license shall be issued.
(4) The tattoo artist license shall be issued
upon proof of
(a) having passed a written examination as
specified in 1200-23-3-.06(3) and/or 1200-23-3-.06(2) and
(b) having submitted an application with the
appropriate fee and completion of a one year
apprenticeship.
(c) Any tattoo artist in business in the state of
Tennessee on October 1, 1996, shall not be required to
meet the prerequisite of a tattoo apprentice.
Proof of business may be a copy of a business license,
tax records, copy of another state's tattoo
artist license, or other similar city, county, state, or federal
documents which show the prospective applicant as
having been in business or operating on
October 1, 1996, or a combination, acceptable to
the State, of such documents. The local health
officer shall have final approval on other forms
of documentation submitted as evidence or proof.
(5) Any individual desiring to tattoo who is a
physician licensed by the State of Tennessee or any person
under the supervision of a physician licensed by
the State of Tennessee shall be exempt from the
requirements of these regulations. In order to
receive such exemption, a person, other than a licensed
physician, shall submit a letter stating that any
and all tattooing is performed under the supervision of a
licensed physician and such letter shall be
signed by the supervising physician and shall be notarized.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed September
26, 2000; effective December 10, 2000.
1200-23-3-.07 LICENSE AND PERMIT FEES
(1) As written, the law uses the terms "license"
and "permit" interchangeably. For example, the law refers to
the tattoo artist as being issued a license, but
further refers to the tattoo artist as having to pass an
TATTOO ARTIST AND TATTOO ESTABLISHMENT CHAPTER
1200-23-3
(Rule 1200-23-3-.07, continued)
December, 2000 (Revised) 16
examination to receive a permit. Consequently,
the Department of Health has determined that individuals
shall be issued licenses and that a tattoo
operation shall be issued a permit.
(2) License Fees
(a) A Tattoo Artist and an Apprentice Artist
shall be assessed an initial licensing fee and a renewal
licensing fee of fifty dollars ($50.00) each.
(b) A Tattoo Operator shall have an initial
license fee and an annual renewal license fee of twenty-five
dollars ($25.00) each.
(c) A late penalty fee of twenty-five dollars
($25.00) shall be assessed on all artist license renewal
applications which are postmarked after January
31st of each permitting year.
(d) A Temporary Artist shall pay a temporary
artist license fee of fifty dollars ($50.00).
(3) Permit Fees
(a) A Tattoo establishment shall be assessed an
initial fee and a renewal permit fee of one hundred
dollars ($100.00) each.
(b) A Temporary tattoo establishment shall be
assessed a temporary permit fee of fifty dollars ($50.00).
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed September
26, 2000; effective December 10, 2000.
1200-23-3-.08 LOSS OF PERMIT DOCUMENT
(1) Any establishment or operator that loses,
misplaces, or destroys a permit or license shall immediately
apply for a duplicate, as soon as the fact
becomes apparent. The fee for the duplicate shall be three
dollars ($3.00). This fee shall accompany the
application for such duplicate.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed September
26, 2000; effective December 10, 2000.
1200-23-3-.09 GENERAL PROVISIONS
(1) Applicability. Chapter 1200-23-3 applies to
tattoo artists and tattoo establishments. All tattoo artists and
tattoo establishments shall comply with all
applicable provisions of these rules at all times.
(2) Permit Revocation. When a permit to operate a
tattoo establishment is revoked by the Commissioner, a
new permit shall be issued upon meeting all
requirements for a new permit and the submission of a new
application with applicable fees.
(3) Posting of permit. T.C.A. Section 62-38-206
requires posting of tattoo establishment permits "in a
conspicuous place where it may be readily
observed by the public." This shall mean a place so
designated by the inspector at the time of
inspection. No person except an authorized representative of
the local health officer shall modify, remove,
cover up, or otherwise make the permit less conspicuous in
any way.
(4) Severability. If any provision or application
of any provision of these rules is held invalid, that invalidity
shall not affect other provisions or applications
of these rules.
Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103. Administrative
History: Original rule filed September
26, 2000; effective December 10, 2000.
