|
State Of Wisconsin
Wisconsin 1999-2000 Statutes
CHAPTER 252 COMMUNICABLE DISEASES
252.23 Regulation of
tattooists.
(1) DEFINITIONS. In this section:
(a) "Tattoo" has the meaning given in s. 948.70 (1) (b).
(b) "Tattoo establishment" means the premises where a tattooist
performs tattoos.
(c) "Tattooist" means a person who tattoos another.
(2) DEPARTMENT; DUTY. Except as provided in ss. 250.041 and 252.241,
the department shall provide uniform, statewide licensing and
regulation of tattooists and uniform, statewide licensing and
regulation of tattoo establishments under this section. The
department shall inspect a tattoo establishment once before issuing
a license for the tattoo establishment under this section and may
make additional inspections that the department determines are
necessary.
(3) LICENSE REQUIRED. Except as provided in sub. (5), no person may
tattoo or attempt to tattoo another, designate or represent
himself or herself as a tattooist or use or assume the title
"tattooist" and no tattoo establishment may be operated unless the
person and the establishment are licensed by the department under this
section or by a local health department that is designated as the
department's agent under s. 252.245.
(4) RULE MAKING. The department shall promulgate all of the following
as rules:
(a) Except as provided in ss. 250.041 and 252.241, standards and
procedures, including fee payment to offset the cost of licensing
tattooists and tattoo establishments, for the annual issuance of
licenses as tattooists or as tattoo establishments to applicants
under this section.
(b) Standards for the performance of tattoos by a licensed tattooist
and for the maintenance of a licensed tattoo establishment, which
will promote safe and adequate care and treatment for individuals who
receive tattoos and eliminate or greatly reduce the danger of
exposure by these individuals to communicable disease or infection.
(5) EXCEPTION. This section does not apply to a dentist who is
licensed under s. 447.03 (1) or to a physician who tattoos or offers
to tattoo a person in the course of the dentist's or physician's
professional practice.
History: 1995 a. 468; 1997 a. 191, 237.
Wisconsin 1999-2000 Statutes
CHAPTER 252 COMMUNICABLE DISEASES
252.245
Agent status for local health departments.
(1) In the administration and enforcement of ss. 252.23 and 252.24,
the department may enter into a written agreement with a local health
department with a jurisdictional area that has a population greater
than 5,000, which designates the local health department as the
department's agent in issuing licenses to and making investigations or
inspections of tattooists and tattoo establishments and body piercers
and body-piercing establishments. In a jurisdictional area of a local
health department without agent status, the department of health and
family services may issue licenses, collect license fees established
by rule under ss. 252.23 (4) (a) and 252.24 (4) (a) and make
investigations or inspections of tattooists and tattoo
establishments and body piercers and body-piercing establishments. If
the department designates a local health department as its agent, the
department or local health department may require no license for the
same operations other than the license issued by the local health
department under this subsection. If the designation is made and the
services are furnished, the department shall reimburse the local
health department furnishing the service at the rate of 80% of the net
license fee per license per year issued in the jurisdictional area.
(2) A local health department designated as the department's agent
under this section shall meet standards promulgated under ss. 252.23
(4) (a) and 252.24 (4) (a). The department shall annually evaluate the
licensing, investigation and inspection program of each local health
department granted agent status. If, at any time, a local health
department designated as the department's agent fails to meet the
standards, the department of health and family services may revoke its
agent status.
(3) The department shall provide education and training to agents
designated under this section to ensure uniformity in the enforcement
of s. 252.23 or 252.24 and rules promulgated under s. 252.23 or 252.24
(4) Except as provided in sub. (4m), a local health department
designated as the department's agent under this section shallestablish
and collect the license fee for each tattooist or tattoo
establishment and for each body piercer or body-piercing
establishment. The local health department may establish separate fees
for preinspections of new tattoo or body-piercing establishments,
for preinspections of existing establishments for which a person
intends to be the new operator or for the issuance of duplicate
licenses. No fee may exceed the local health department's reasonable
costs of issuing licenses to, making investigations and inspections
of, and providing education, training and technical assistance to the
tattooists and tattoo establishments or body piercers and
body-piercing establishments, plus the state fee established under
sub. (9).
(4m) A local health department designated as the department's agent
under this section may contract with the department of health and
family services for the department of health and family services to
collect fees and issue licenses under s. 252.23 or 252.24. The
department shall collect from the local health department the actual
and reasonable cost of providing the services.
(5) If, under this section, a local health department becomes an agent
or its agent status is discontinued during a licensee's license year,
the department of health and family services and the local health
department shall divide any license fee paid by the licensee for that
license year according to the proportions of the license year
occurring before and after the local health department is designated
as an agent or the agent status is discontinued. No additional fee may
be required during the license year due to the change in agent status.
(6) A village, city or county may enact ordinances and a local board
of health may adopt regulations regarding the licensees and premises
for which the local health department is the designated agent under
this section, which are stricter than s. 252.23 or 252.24 or rules
promulgated by the department of health and family services under s.
252.23 or 252.24. No such provision may conflict with s. 252.23 or
252.24 or with department rules.
(7) This section does not limit the authority of the department to
inspect establishments in jurisdictional areas of local health
departments that are designated as agents if it inspects in response
to an emergency, for the purpose of monitoring and evaluating the
local health department's licensing, inspection and enforcement
program or at the request of the local health department.
(8) The department shall hold a hearing under ch. 227 if, in lieu of
proceeding under ch. 68, any interested person in the jurisdictional
area of a local health department that is designated as the
department's agent under this section appeals to the department of
health and family services alleging that a license fee for a tattooist
or tattooist establishment or for a body piercer or body-piercing
establishment exceeds the license issuer's reasonable costs of issuing
licenses to, making investigations and inspections of, and providing
education, training and technical assistance to the tattooist or
tattooist establishment or to the body piercer or body-piercing
establishment.
(9) The department shall promulgate rules establishing state fees for
its costs related to setting standards under ss. 252.23 and 252.24 and
monitoring and evaluating the activities of, and providing education
and training to, agent local health departments. Agent local health
departments shall include the state fees in the license fees
established under sub. (4), collect the state fees and reimburse the
department for the state fees collected. For tattooists or tattoo
establishments and for body piercers or body-piercing establishments,
the state fee may not exceed 20% of the license fees established under
s. 252.23 (4) (a) or 252.24 (4) (a).
History: 1995 a. 468.
Wisconsin 1999-2000 Statutes
CHAPTER 948 CRIMES AGAINST CHILDREN
948.70 Tattooing of children.
(1) In this section:
(a) "Physician" has the meaning given in s. 448.01(5).
(b) "Tattoo" means to insert pigment under the surface of the skin of
a person, by pricking with a needle or otherwise, so as to produce an
indelible mark or figure through the skin.
(2) Subject to sub. (3), any person who tattoos or offers to
tattoo a child is subject to a Class D forfeiture.
(3) Subsection (2) does not prohibit a physician from tattooing or
offering to tattoo a child in the course of his or her professional
practice.
History: 1991 a. 106.
WISCONSIN ADMINISTRATIVE
CODE
* THIS DOCUMENT IS CURRENT THROUGH WIS. ADMN. REGISTER NO. 557,
05/31/02
DEPARTMENT OF HEALTH AND FAMILY SERVICES
CHAPTER HFS 173. TATTOOING AND BODY PIERCING
Wis. Adm. Code HFS 173.03 (2002)
HFS 173.03 Definitions
In this chapter:
(1) "Agent" means a local health department serving a population
greater
than 5,000 which is designated by the department under a written
agreement
authorized by s. 252.245 (1), Stats., to issue licenses to and make
investigations or
inspections of tattooists, tattoo establishments, body piercers and
body
--piercing establishments.
(2) "Antiseptic" means a chemical that kills or inhibits the growth of
organisms on skin or living tissue.
(3) "Approved" means acceptable to the department based on its
determination of conformance to this chapter and good public health
practices.
(4) "Autoclave" means an apparatus that is registered and listed with
the
federal food and drug administration for sterilizing articles by using
superheated steam under pressure.
(5) "Body pierce," as a verb, means to perforate any human body part
or
tissue, except an ear, and to place a foreign object in the
perforation to
prevent the perforation from closing.
(6) "Body piercer" means a person who performs body piercing on
another
person at that person's request.
(7) "Body piercing" means perforating any human body part or tissue,
except an ear, and placing a foreign object in the perforation to
prevent the
perforation from closing.
(8) "Body--piercing establishment" means the premises where a body
piercer performs body piercing.
(9) "Cleaning" means the removal of foreign material from objects,
normally accomplished with detergent, water and mechanical action.
(10) "Department" means the Wisconsin department of health and family
services
(11) "Disinfectant" means a chemical that is capable of destroying
disease--causing organisms on inanimate objects, with the exception of
bacterial spores.
(12) "Hot water" means water at a temperature of 110 [degrees] F. or
higher.
(13) "Local health department" means an agency of local government
that
takes any of the forms specified in s. 250.01 (4), Stats.
(14) "Operator" means the owner or person responsible to the owner for
the operation of a tattoo or body--piercing establishment.
(15) "Patron" means a person receiving a tattoo or body piercing.
(16) "Practitioner" means a tattooist or body piercer.
(17) "Premises" means a building, structure, area or location where
tattooing or body piercing is performed.
(18) "Sharps waste" means waste that consists of medical equipment or
clinical laboratory articles that may cause punctures or cuts, such as
hypodermic needles, syringes with attached needles and lancets,
whether
contaminated, unused or disinfected.
(19) "Single--use" means a product or item that is disposed of after
one
use, such as a cotton swab, a tissue or paper product, a paper or soft
plastic
cup, or gauze or other sanitary covering.
(20) "Sterilization" means the killing of all organisms and spores
through use of an autoclave operated at a minimum of 250 [degrees] F.
(121 [degrees]
C.) at pressure of at least 15 pounds per square inch for not less
then 30
minutes or through use of an autoclave approved by the department that
is operated
at different temperature and pressure levels but is equally effective
in
killing all organisms and spores.
(21) "Tattoo," as a verb, means to insert pigment under the surface of
the skin of a person, by pricking with a needle or otherwise, so as to
produce
an indelible mark or figure through the skin.
(22) "Tattoo establishment" means the premises where a tattooist
applies
a tattoo to another person.
(23) "Tattooist" means a person who tattoos another person at that
person's
request.
(24) "Tempered water" means water ranging in temperature from 85
[degrees] F. to less than 110 [degrees] F.
(25) "Temporary establishment" means a single building, structure,
area
or location where a tattooist or body piercer performs tattooing or
body
piercing for a maximum of 7 days per event.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.09 Cleaning and sterilization
(1) CLEANING.
(a) After each use, tattooing and body--piercing equipment
shall be cleaned to remove blood and tissue residue before
sterilization.
(b) Reusable needles, tubes and body--piercing equipment shall be
placed
in a covered stainless steel container of cleaning or disinfectant
solution until
they can be cleaned and sterilized.
(c) All containers holding contaminated needles, tubes, reusable body
--piercing equipment and container lids shall be cleaned and
disinfected at
least daily.
(d) The tattoo machine shall be cleaned and disinfected before each
use.
(e) Gloved personnel shall clean needles and tubes prior to
sterilization by
doing all of the following:
1. Manually pre--cleaning the items with care taken to ensure removal
of
residue; thoroughly rinsing the items with warm water and then
draining the
water; cleaning the items by soaking them in a protein--dissolving
detergent--enzyme cleaner used according to manufacturer's
instructions; and
cleaning the items further in an ultrasonic cleaning unit which
operates at
40 to 60 hertz and is used according to the manufacturer's
instructions.
2. Rinsing and drying the items.
(f) Prior to autoclaving, all needles and tubes shall be packaged
either
individually or in quantities appropriate for individual procedures.
Packages shall be identifiable and dated.
(2) STERILIZATION. (a) Equipment requiring sterilization shall be
pressure--sterilized at the establishment in an autoclave and in
accordance
with the manufacturer's instructions.
(b) Each batch of sterilized equipment shall be monitored for
sterilization
by use of heat--sensitive indicators capable of indicating approximate
time
and temperature achieved.
(c) Autoclaves shall be spore--tested at least monthly. Spore kill
test
effectiveness shall be conducted by an independent laboratory.
(d) Sterilized equipment shall be wrapped or covered and stored in a
manner which will ensure that it will remain sterile until used.
(e) Each tattoo or body--piercing establishment shall maintain
sterilization records including spore tests for at least one year from
the date of the
last entry, which shall include the following information:
1. Date of sterilization.
2. Name of the person operating the equipment.
3. Result of heat--sensitive indicator.
(f) Sterilized equipment shall be re--sterilized if the package is
opened,
damaged or becomes wet.
(g) All methods of sterilization other than autoclaving are
prohibited.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.07 Personnel
(1) ABSENCE OF SKIN CONDITION. No tattooist or body piercer with an
exposed rash, skin lesion or boil may engage in the practice of
tattooing or body
piercing.
(2) RESTRICTION. No tattooist or body piercer may work while under the
influence of alcohol or a mind--altering drug.
(3) PERSONAL CLEANLINESS. (a) Tattooists and body piercers shall
thoroughly
wash their hands and the exposed portions of their arms with dispensed
soap
and tempered water before and after each tattoo or body--piercing
procedure and
more often as necessary to keep them clean.
(b) Tattooists and body piercers shall dry their hands and arms with
individual single--service towels.
(c) Tattooists and body piercers shall maintain a high degree of
personal
cleanliness and shall conform to good hygiene practices during
procedures.
(4) CLOTHING. All tattooists and body piercers shall wear clean,
washable
outer clothing.
(5) HYGIENIC PRACTICES. (a) When preparing the skin and during a
procedure, a tattooist or body piercer shall wear non--absorbent
gloves which shall be
disposed of after completing the procedure.
(b) If interrupted during a procedure, a tattooist or body piercer
shall
rewash his or her hands and put on new gloves if the interruption
required
use of hands.
(c) Tattooists shall use single--use plastic covers to cover spray
bottles or other reusable accessories to minimize the possibility of
transmitting body
fluids or disease during application of tattoos to successive patrons.
(d) Disposable--type razors shall be for single--use only and disposed
of
in accordance with ch. NR 526. Electric razors used for skin
preparation prior
to a procedure shall have screens cleaned and disinfected between
patron use.
(e) Body--piercing needles shall be disposable, sterile and for
single--patron use only. Tattoo needles may be reused if cleaned,
sterilized
and stored in an approved manner between patrons. Body piercing
jewelry shall be
cleaned, individually packaged and sterilized prior to use.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.12 Enforcement
(1) ACCESS. An authorized employe or agent of the department, upon
presenting proper identification, shall be permitted to enter any
tattoo or
body--piercing establishment at any reasonable time to determine if
the establishment and
the practitioners are in compliance with this chapter. The
department's
authorized employe or agent shall be permitted to examine the records
of the
establishment to obtain information about supplies purchased, received
or used and
information relating to patrons who received tattoos or body piercing.
(2) ENFORCEMENT POLICY. (a) Order to correct violations. If upon
inspection of a tattoo or body--piercing establishment, the authorized
employe or agent
of the department finds that the tattoo or body--piercing
establishment is not
planned, equipped or operated as required by this chapter, the employe
or
agent shall notify the operator in writing. The notice shall include
an order that
directs the operator to make specified changes that will bring the
establishment
into compliance with standards established in this chapter and that
stipulates
the time period within which compliance is to take place. If the order
to
correct violations is not carried out by the expiration of the time
period
stipulated in the order, or any reasonable extension of time granted
for
compliance, the department may issue an order suspending or revoking
the license
to operate the tattoo or body--piercing establishment or the
practitioner's
license, or both.
(b) Order to deal with an immediate danger to public health. If there
is
reasonable cause to believe that any construction, sanitary condition,
operation
of the premises or of equipment or a procedural practice creates an
immediate
danger to health, an authorized employe or agent of the department
may,
pursuant to ss. 227.51 (3) and 252.04 (1) and (7), Stats., acting as
the designee of
the administrator of the department's division of health, and without
written
notice, issue a temporary order to remove the immediate danger to
health.
The order shall take effect upon delivery to the operator or other
person in
charge of the tattoo or body--piercing establishment and shall remain
in effect for
14 days unless it is terminated by the department by notice to the
operator
within that period or is kept in effect beyond that period, pending a
hearing, by
department notification to the operator. The order shall be limited to
prohibiting specific procedures or methods of operation, or a
combination of
these, except that if a more limited order will not remove the
immediate
danger to health, the order may direct that all operations authorized
by the
license cease. If, before scheduled expiration of the temporary order,
the
department determines that the immediate danger to health does in fact
exist and
continues to exist, the temporary order shall remain in effect with
notification to
the operator. The department shall then notify the department of
administration's division of hearings and appeals to schedule and hold
a
hearing under ch. 227, Stats., no later than 15 days after
notification of the
operator and to issue a final decision on the matter within 10 days
after the
hearing, unless the immediate danger to health is removed or the order
is not
contested and the operator and the department mutually agree that no
purpose would be
served by a hearing.
(3) PENALTY PROVISION. Pursuant to s. 252.25, Stats., any person who
willfully violates or obstructs the execution of s. 252.23 or 252.24,
Stats., or this chapter for which no other penalty is prescribed,
shall be imprisoned
for not more than 30 days or fined not more than $ 500 or both. This
shall
include performing tattooing or body piercing without a license.
(4) APPEAL BY THE OPERATOR OR PRACTITIONER. Any operator or
practitioner
aggrieved by an order of the department under s. HFS 173.04 (2) or
173.11
(1)(d), or under sub. (2)(a), may request a hearing to challenge the
order.
A request for a hearing under this subsection shall be submitted to
the
department of administration's division of hearings and appeals and
shall be received
by that office within 15 days after issuance of the order. Procedures
for
hearings shall be in accordance with ch. 227, Stats. After the
hearing, the division
of hearings and appeals shall affirm, set aside or modify the order.
The final
decision may be appealed to the circuit court as provided in ch. 227,
Stats.
Note: The mailing address of the division of hearings and appeals is
P.O.
Box 7875, Madison, Wisconsin 53707.
(5) LOCAL ENFORCEMENT. Notwithstanding subs. (2) and (4), if an agent
issues licenses directly under s. 252.245, Stats, the agent shall
create
enforcement and appeal procedures in accordance with s. 66.124,
Stats., which shall
supersede enforcement and appeal procedures under subs. (2) and (4).
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.08 Equipment
(1) All surfaces, counters and general--use equipment in the tattoo or
body--piercing area shall be cleaned and disinfected before a patron
is seated.
(2) All inks and pigments shall be obtained from sources generally
recognized as safe. Information indicating the sources of all inks and
pigments shall
be available to the department or agent upon request. Sterile
single--use or
sterile individual containers of pigment or ink shall be used for each
patron. No pigment or ink in which needles were dipped may be used on
another
person. Pigment and ink cups shall be for single--patron use. All bulk
materials
used for the procedure shall be dispensed with single--use utensils.
The
remainder of dispensed portions shall be disposed of after
application.
(3) Needles, bars and tubes shall be constructed in a manner that
permits
easy cleaning and sterilizing.
(4) Acetate tattoo stencils shall be single--use.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HSS 333.51 Disfigurement (Class B).
A youth may not intentionally cut, pierce, remove, mutilate, discolor,
or
tattoo any part of his or her body or the body of another.
Note: HSS 333.51. The purpose of this section is to protect the safety
and health of youth. Tattooing, ear piercing, and other forms of
self-mutilation
can lead to serious infections. In addition, some forms of
disfigurement could
lead to identification problems.
The wearing of pierced earrings is allowed. Youth may get their ears
pierced but only by medical staff and only if prior parental approval
is obtained.
This section is intended to cover only injury to oneself or to another
person with that person's consent. Injury to another person without
his or her
consent is covered by s. HSS 333.11.
HISTORY: Cr. Register, December, 1982, No. 324, eff. 1-1-83.
HFS 173.05 Patrons
(1) LIMITATIONS. (a) Consent. A tattooist or body piercer may not
tattoo
or body pierce a patron without first obtaining the signed, informed
consent of
the person on a form approved by the department.
Note: To obtain a copy of an approved consent form, which may be
reproduced,
write: Bureau of Public Health, P. O. Box 309, Madison, Wisconsin
53701.
(b) Minors. 1. No person under 16 years of age may be body pierced.
2. No person age 16 or 17 may be body pierced unless an informed
consent
form has been signed by his or her parent or legal guardian in the
presence of
the operator.
3. No person under 18 years of age may be tattooed except by a
physician
in the course of the physician's professional practice, as permitted
under s.
948.70 (3), Stats.
4. A body--piercing establishment shall post a notice in a conspicuous
place in the establishment stating that it is illegal to body pierce a
person
under the age of 18 without the signed, informed consent of that
person's parent
or legal guardian.
5. A tattoo establishment shall post a sign in a conspicuous place in
the
establishment stating that no person under the age of 18 may be
tattooed.
(c) Barriers to procedure. A tattooist or body piercer may not tattoo
or
body pierce any of the following:
1. A person who appears to be under the influence of alcohol or a
mind--altering drug.
2. A person who has evident skin lesions or skin infections in the
area
of the procedure.
(2) RECORD. Every tattooist and body piercer shall keep a record of
each
patron. A patron's record shall include the patron's name, address,
age and
consent form, the name of the practitioner doing the procedure and any
adverse effects arising from the procedure. A patron's record shall be
retained for
a minimum of 2 years following completion of the procedure.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.04 Licenses
(1) APPLICATION FOR ESTABLISHMENT LICENSE. (a) Requirement. No person
may
operate a tattoo establishment or body--piercing establishment or a
combined
tattoo and body--piercing establishment unless he or she has obtained
a
license for the establishment from the department or its agent by
application made
upon a form furnished by the department or its agent. An application
submitted to
the department shall be accompanied by the fee required under par.
(b).
Note: To obtain a copy of the establishment application form, write:
Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
(b) Department fees. The operator of a tattoo establishment or
body--piercing establishment or a combined tattoo and body--piercing
establishment shall
pay an annual license fee to the department as follows:
1. For a body--piercing establishment, $ 100.
2. For a tattoo establishment, $ 100.
3. For a combined tattoo and body--piercing establishment, $ 150.
4. For a temporary tattoo or body--piercing establishment or a
temporary
combined tattoo and body--piercing establishment, $ 100 per event.
5. For inspection of a new establishment, a preinspection fee of $ 75.
(2) APPLICATION FOR PRACTITIONER LICENSE. (a) Requirement. No person
may
tattoo or body pierce another person, use or assume the title of
tattooist or
body piercer or designate or represent himself or herself as a body
piercer
unless the person has obtained a license from the department by
application
made upon a form furnished by the department. An application submitted
to the
department shall be accompanied by the fee required under par. (b).
Note: To obtain a copy of the practitioner application form, write:
Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
(b) Department fees. A person who wishes to practice as a tattooist or
body piercer shall pay an annual fee to the department as follows:
1. For a body piercer, $ 50.
2. For a tattooist, $ 50.
(3) ACTION BY THE DEPARTMENT. (a) Within 30 days after receiving a
completed
application for a license, the department or its agent shall either
approve
the application and issue a license or deny the application. If an
application
for a license is denied, the department or its agent shall give the
applicant
reasons, in writing, for the denial and provide information about how
the applicant
may appeal that decision under s. HFS 173.12 (4).
(b) The department or its agent shall not issue a license to a new
tattoo or
body--piercing establishment or a new operator at an existing
establishment
without completing a prior inspection of the establishment to ensure
that
the establishment complies with the requirements of this chapter.
(4) DISPLAY OF LICENSE. The operator of a tattoo or body--piercing
establishment shall conspicuously display in the establishment the
licenses
issued by the department or its agent for the establishment and for
all
practitioners working in the establishment.
(5) CHANGE OF OPERATOR. The operator of a tattoo or body--piercing
establishment shall promptly notify the department or its agent of his
or
her intention to cease operations and shall supply the department with
the name
and mailing address of any new operator. A license is not
transferable. A new
operator shall submit an application under sub.(1) for a new license.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.02 Scope
(1) APPLICABILITY. This chapter applies to all tattooists, body
piercers,
tattoo establishments and body--piercing establishments.
(2) APPROVED COMPARABLE COMPLIANCE. When it appears to the department
that strict adherence to a provision of this chapter is impractical
for a
particular tattooist, tattoo establishment, body piercer or
body--piercing
establishment, the department may approve a modification in that
requirement for that
person or establishment if the department is provided with
satisfactory proof that the
grant of a variance will not jeopardize the public's health, safety or
welfare.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.13 State fees
Pursuant to s. 252.245 (9), Stats. a local health department serving
as
an agent of the department for purposes of administering this chapter
shall
include a state fee in each fee the agent establishes for a license
issued under
this chapter. The state fee shall be 10% of the department's fee
established
under s. HFS 173.03 (1) or (2), and shall be forwarded to the
department.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.06 Physical facilities and environment
(1) FLOORS. Floors in the area where tattoo or body--piercing
procedures
are performed shall be constructed of smooth, durable and non--porous
material
and shall be maintained in a clean condition and in good repair.
Carpeting is
prohibited.
(2) WALLS AND CEILINGS. Walls and ceilings in the area where tattoo
and
body --piercing procedures are performed shall be light--colored,
smooth and
easily cleanable.
(3) LIGHTING. Tattoo and body--piercing application areas shall
maintain
a minimum illumination of 50 footcandles.
(4) PREMISES. The premises and all facilities used in connection with
the
premises shall be maintained in a clean, sanitary and vermin--free
condition.
(5) LIVING AREAS. Tattoo and body--piercing areas shall be completely
separated from any living quarters by floor--to--ceiling partitioning
and
solid doors which are kept closed during business hours. A direct
outside entrance
to the tattoo or body--piercing establishment shall be provided.
(6) TOILET ROOMS. (a) All tattoo and body--piercing establishments
shall
have a public toilet and handwashing facility which is separated from
any living
area.
(b) Toilet room fixtures shall be kept clean and in good repair. An
easily cleanable covered waste receptacle shall be provided in the
toilet room.
(7) HANDWASHING FACILITIES. (a) At least one handwashing facility
shall
be conveniently located in the tattoo or body--piercing area, in
addition to
what is provided in the toilet room.
(b) Anti--bacterial soap in a dispenser and single--service towels for
drying hands shall be provided at all handwashing facilities.
(c) Hot and cold potable water under pressure shall be available at
all
handwashing facilities except that tempered water rather than hot
water may
be provided.
(8) REFUSE. Easily cleanable waste containers with non--absorbent,
durable plastic liners shall be used for disposal of all tissues,
towels, gauze pads
and other similar items used on a patron. Infectious waste, including
sharps
waste, shall be stored and disposed of in an approved manner
consistent with subch.
II of ch. NR 526.
(9) EQUIPMENT STORAGE. Instruments, dyes, pigments, stencils and other
tattoo and body--piercing equipment shall be stored in closed cabinets
exclusively
used for that purpose.
(10) PRIVACY. A panel or other barrier of sufficient height and width
to
effectively separate a patron on whom a procedure is being performed
from
any unwanted observers or waiting patrons shall be in place or readily
available
at the patron's request.
(11) SMOKING AND EATING PROHIBITED IN AREA OF PROCEDURE.. No smoking
or
consumption of food or drink is permitted in the area where a tattoo
or body
--piercing procedure is performed, except that clients may consume a
non--alcoholic beverage during the procedure.
(12) ANIMALS PROHIBITED IN ESTABLISHMENT. No animals, except for those
that provide services to persons with disabilities, are permitted in a
tattoo or
body --piercing establishment.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.01 Authority and purpose
This chapter is promulgated under the authority of ss. 252.23 (4),
252.24
(4) and 252.245 (9), Stats., for the purpose of regulating tattooists,
tattoo
establishments, body piercers and body--piercing establishments in
order to
protect public health and safety.
HFS 173.11 Temporary establishments
In addition to requirements under ss. HFS 173.01 to 173.10 that apply
to all
tattoo and body--piercing establishments, the following requirements
apply
specifically to temporary establishments:
(1) LICENSE. (a) No temporary establishment may be operated without a
license granted by the department or its agent. Application for a
temporary license
shall be made under s. HFS 173.04 (1).
(b) No temporary license may be issued without a prior inspection.
(c) A temporary establishment's license along with the license of each
on--staff tattooist or body piercer shall be conspicuously displayed
in the
temporary establishment.
(d) An operator of a temporary establishment whom the department or
its
agent has found to repeatedly violate any provision of this chapter
may be denied
a license to operate the establishment or may have the license
revoked.
(2) WATER. A temporary establishment shall have all of the following:
(a) An approved toilet and handwashing facility.
(b) Potable water under pressure.
(c) Hot or tempered water for handwashing and cleaning.
(d) Connection to an approved sewage collection system.
Date of enactment: June 27, 1996
1995 Assembly Bill 733 Date of
publication*: July 10, 1996
1995 WISCONSIN ACT 468
AN ACT
to amend 20.435
(1) (gm); and to create 252.23,
252.24 and 252.245 of the statutes; relating
to: regulation
of tattooing and tattoo establishments and body piercing and body-piercing
establishments by the department of
health and family services or by local health departments, granting rule-making
authority and making an
appropriation.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1.
20.435 (1) (gm) of the statutes, as
af-fected
by 1995 Wisconsin Act 27, section 816m, is
amended to read:
20.435 (1) (gm)
Licensing, review and certifying
ac-tivities.
The amounts in the schedule for the purposes
specified in ss. 50.135, 50.49 (2) (b), 146.50 (8), 250.05
(6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.20
(5) and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89
and 255.08 (2), subch. IV of ch. 50 and ch. 150. All mo-neys
received under ss. 50.135, 50.49 (2) (b), 50.93 (1)
(c), 146.50 (8) (d), 150.13, 250.05 (6), 252.23 (4) (a),
252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.20 (5)
and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89 and
255.08 (2) (b) shall be credited to this appropriation.
SECTION 2.
252.23 of the statutes is created
to read:
252.23 Regulation of tattooists. (1) DEFINITIONS.
In this section:
(a) "Tattoo" has the meaning given in s. 948.70 (1)
(b).
(b) "Tattoo establishment" means the premises
where a tattooist performs tattoos.
(c) "Tattooist" means a person who tattoos another.
(2) DEPARTMENT;
DUTY. The department shall provide
uniform, statewide licensing and regulation of tattooists
and uniform, statewide licensing and regulation of tattoo
establishments under this section. The department shall
inspect a tattoo establishment once before issuing a li-cense
for the tattoo establishment under this section and
may make additional inspections that the department de-termines
are necessary.
(3) LICENSE
REQUIRED. Except as provided in sub.
(5),
no person may tattoo or attempt to tattoo another, desig-nate
or represent himself or herself as a tattooist or use or
assume the title "tattooist" and no tattoo establishment
may be operated unless the person and the establishment
are licensed by the department under this section or by a
local health department that is designated as the depart-ment's
agent under s. 252.245.
(4) RULE
MAKING. The department shall promulgate
all of the following as rules:
(a) Standards and procedures, including fee payment
to offset the cost of licensing tattooists and tattoo estab-lishments,
for the annual issuance of licenses as tattooists
or as tattoo establishments to applicants under this sec-tion.
(b) Standards for the performance of tattoos by a li-censed
tattooist and for the maintenance of a licensed tat-*
Section 991.11, WISCONSIN STATUTES 1993-94: Effective date of acts.
"Every act and every portion of an act enacted by the legislature over
the governor's partial veto which does not expressly prescribe the time
when it takes effect shall take effect on the day after its date of publication
as designated" by the secretary of state [the date of publication may
not be more than 10 working days after the date of enactment].
- 2 - 1995 Assembly Bill 733
too establishment, which will promote safe and adequate
care and treatment for individuals who receive tattoos
and eliminate or greatly reduce the danger of exposure by
these individuals to communicable disease or infection.
(5) EXCEPTION.
This section does not apply to a den-tist
who is licensed under s. 447.03 (1) or to a physician
who tattoos or offers to tattoo a person in the course of the
dentist's or physician's professional practice.
SECTION 2m.
252.24 of the statutes is created
to read:
252.24 Regulation of body piercing and body-
piercing establishments. (1) DEFINITIONS.
In this sec-tion:
(a) "Body piercer" means a person who performs
body piercing on another.
(b) "Body piercing" means perforating any human
body part or human tissue, except an ear, and placing a
foreign object in the perforation in order to prevent the
perforation from closing.
(c) "Body-piercing establishment" means the prem-ises
where a body piercer performs body piercing.
(2) DEPARTMENT;
DUTY. The department shall provide
uniform, statewide licensing and regulation of body pier-cers
and uniform, statewide licensing and regulation of
body-piercing establishments under this section. The
department shall inspect a body-piercing establishment
once before issuing a license for the body-piercing estab-lishment
under this section and may make additional in-spections
that the department determines are necessary.
(3) LICENSE
REQUIRED. Except as provided in sub.
(5),
no person may pierce the body of or attempt to pierce the
body of another, designate or represent himself or herself
as a body piercer or use or assume the title "body piercer"
unless the person is licensed under this section.
(4) RULE
MAKING. The department shall promulgate
all of the following as rules:
(a) Standards and procedures, including fee payment
to offset the cost of licensing body piercers and body-
piercing establishments, for the annual issuance of li-censes
as body piercers or as body-piercing establish-ments
to applicants under this section.
(b) Standards for the performance of body piercing
by a licensed body piercer and for the maintenance of a
licensed body-piercing establishment, which will pro-mote
safe and adequate care and treatment for individuals
who receive body piercing and eliminate or greatly re-duce
the danger of exposure by these individuals to com-municable
disease or infection.
(5) EXCEPTION.
This section does not apply to a den-tist
who is licensed under s. 447.03 (1) or to a physician
who pierces the body of or offers to pierce the body of a
person in the course of the dentist's or physician's profes-sional
practice.
SECTION 2r.
252.245 of the statutes is created
to read:
252.245 Agent status for local health depart-ments.
(1) In the administration and
enforcement of ss.
252.23 and 252.24, the department may enter into a writ-
ten agreement with a local health department with a juris-dictional
area that has a population greater than 5,000,
which designates the local health department as the de-partment's
agent in issuing licenses to and making inves-tigations
or inspections of tattooists and tattoo establish-ments
and body piercers and body-piercing
establishments. In a jurisdictional area of a local health
department without agent status, the department of health
and family services may issue licenses, collect license
fees established by rule under ss. 252.23 (4) (a) and
252.24 (4) (a) and make investigations or inspections of
tattooists and tattoo establishments and body piercers and
body-piercing establishments. If the department desig-nates
a local health department as its agent, the depart-ment
or local health department may require no license
for the same operations other than the license issued by
the local health department under this subsection. If the
designation is made and the services are furnished, the
department shall reimburse the local health department
furnishing the service at the rate of 80% of the net license
fee per license per year issued in the jurisdictional area.
(2) A local health department
designated as the de-partment's
agent under this section shall meet standards
promulgated under ss. 252.23 (4) (a) and 252.24 (4) (a).
The department shall annually evaluate the licensing, in-vestigation
and inspection program of each local health
department granted agent status. If, at any time, a local
health department designated as the department's agent
fails to meet the standards, the department of health and
family services may revoke its agent status.
(3) The department shall provide
education and train-ing
to agents designated under this section to ensure uni-formity
in the enforcement of s. 252.23 or 252.24 and
rules promulgated under s. 252.23 or 252.24
(4) Except as provided in sub.
(4m), a local health de-partment
designated as the department's agent under this
section shall establish and collect the license fee for each
tattooist or tattoo establishment and for each body piercer
or body-piercing establishment. The local health depart-ment
may establish separate fees for preinspections of
new tattoo or body-piercing establishments, for prein-spections
of existing establishments for which a person
intends to be the new operator or for the issuance of dupli-cate
licenses. No fee may exceed the local health depart-ment's
reasonable costs of issuing licenses to, making in-vestigations
and inspections of, and providing education,
training and technical assistance to the tattooists and tat-too
establishments or body piercers and body-piercing
establishments, plus the state fee established under sub.
(9).
(4m) A local health department
designated as the de-partment's
agent under this section may contract with the
department of health and family services for the depart-ment
of health and family services to collect fees and is-sue
licenses under s. 252.23 or 252.24. The department
- 3 - 1995 Assembly
Bill 733
shall collect from the local health department the actual
and reasonable cost of providing the services.
(5) If, under
this section, a local health department
becomes an agent or its agent status is discontinued dur-ing
a licensee's license year, the department of health and
family services and the local health department shall di-vide
any license fee paid by the licensee for that license
year according to the proportions of the license year oc-curring
before and after the local health department is
designated as an agent or the agent status is discontinued.
No additional fee may be required during the license year
due to the change in agent status.
(6) A village,
city or county may enact ordinances
and a local board of health may adopt regulations regard-ing
the licensees and premises for which the local health
department is the designated agent under this section,
which are stricter than s. 252.23 or 252.24 or rules pro-mulgated
by the department of health and family services
under s. 252.23 or 252.24. No such provision may con-flict
with
|
