(A) General. It is unlawful for any tattoo artist who does not possess a valid tattoo artist permit to provide a tattoo to an individual, or any body piercer who does not possess a valid body piercer permit to perform body piercing on any individual. Permits are not transferable from person to person.
(B) Tattoo artist permit or body piercer permit period. The permit shall be issued for a term beginning January 1 and/or before performing any piercing or before providing a tattoo to an individual. The applicant shall submit an application provided by the Health Department, accompanied by proof of receipt of Hepatitis B vaccination series. After having met all prerequisite requirements, a permit may be issued and shall expire on December 31 of the same year and shall be applied for by the artist or piercer annually, accompanied by required proof of vaccination series status, as required.
(C) Tattoo artist or body piercer applicant qualification. In addition to meeting all the regulations of the Indiana State Department of Health as found in Title 410 I.A.C. 1-5, each tattoo artist and each body piercer shall provide documentation showing at least the first of the series of Hepatitis B vaccinations has been received, and must show proof of completion of the series within six months of issue of first license.
(D) Change of ownership. The facility operator and each artist and body piercer have the responsibility to notify the County Health Department of any change of ownership or employee at the permitted facility.
(E) Training responsibilities of the operator. An individual or entity that is an operator shall comply with the following training responsibilities listed in 410 I.A.C. 1-5-24:
(1) Ensure that the training described in the Indiana Occupational Safety and Health Administration's blood-borne pathogens standard (as found in 29 C.F.R. 1910.1030) is provided to all tattoo artists and body piercers, anyone employed by the facility or anyone acting on behalf of the facility, who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM.
(2) Ensure that training on the handling of infectious waste is provided to all tattoo artists and body piercers, or anyone employed by the facility or anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM.
(3) Ensure that a record of training described in division (E)(1) of this section is maintained, as required under the Indiana Occupational Safety and Health Administration's blood-borne pathogens standard (as found in 29 C.F.R. 1910.1030) of an individual's participation in the training that is provided. The record shall be made available to the department for inspection upon request.
(4) Ensure that a record of training described in division (E)(2) of this section is maintained.
(F) Operator responsibilities. The operator shall comply with the following responsibilities listed in 410 I.A.C. 1-5-25.
(1) The operator shall ensure that tattoo artists, body piercers, or anyone employed by the facility or anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood have and use personal protective equipment and expendables needed to implement the precautions required by this rule and the Indiana Occupational Safety and Health Administration's blood-borne pathogens standard (as found in 29 C.F.R. 1910.1030).
(2) The operator shall require tattoo artists and body piercers, anyone employed by the facility, or anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood to provide evidence of compliance with the universal precautions education requirements contained in this chapter.
(3) The operator shall display a description of compliance with the requirements contained in division (F)(4) of this section.
(4) The operator shall display, and provide to each patron, written materials prepared or approved by the Department explaining universal precautions and patrons' rights under this rule, These materials shall include information on how to report violations of universal precautions and shall include information regarding the Department's duties to investigate.
(Ord. 2009-BCC-04, passed 2-16-09) Penalty, see § 113.06