For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED. Acceptable to the health officer of the County of Merced.
ASEPTIC TECHNIQUE. Practices which prevent and hinder the transmission of disease producing microorganisms from one person or place to another person or place.
BIOHAZARDOUS WASTE. Any of the following:
1. Laboratory waste, including, but not limited to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and may pose a substantial threat to health;
2. Recognizable fluid blood elements and regulated body fluids and containers and articles contaminated with blood elements or regulated body fluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluids are cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid, pericardial fluid and amniotic fluid;
3. Sharps, which are objects or devices having acute rigid corners, edges or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, blades and slides;
4. Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans;
5. Any specimens sent to a laboratory for microbiological analysis;
6. Surgical specimens including human or animal parts or tissues removed surgically or by autopsy; and
7. Such other waste materials that result from the administration of medical care to a patient by healthcare providers and are found by the administering agency or the local health officer to pose a threat to human health or the environment. If there is a difference in opinion between the administering agency and the local health officer, the local health officer’s view will prevail.
BODY ART. To adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole for display purposes. BODY ART is the collective term for any single activity or combination of activities defined herein as tattooing, “body piercing” or “permanent cosmetics”. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician.
BODY ART ACTIVITY. Any temporary or permanent application, process of application, sterilization, sanitization, cleaning, preparation, implementation or other procedure, utilized in the conduct of body art or any associated activity, which is necessary to the conduct of “body art”, as defined in this section.
BODY ART ESTABLISHMENT. Any temporary or permanent premises, business, location facility, mobile facility or any portion thereof, used or operated as a body piercing parlor or as a permanent cosmetics parlor.
BODY ART TECHNICIAN. A person that has completed an approved blood borne pathogen training course and is registered with the department to conduct body art activity, in a permitted art establishment.
BODY ART TECHNICIAN INDEPENDENT OPERATOR. A body art technician conducting body art activity at a permitted body art establishment, but who is not an employee of the owner of the body art establishment.
BODY PIERCING. The creation of an opening in the human body for purpose of inserting jewelry or other decorations. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations.
CITY. The City of Livingston.
CLIENT. Any person who meets all legal requirements set forth in this chapter and has given informed consent to have body art activity performed upon his or her person.
CONSENT FORM. A document provided by the body art establishment or body art technician independent operator to each person requesting that any body art activity be performed upon his or her person.
CONTAMINATED. The presence or the reasonably anticipated presence of blood or other potentially infectious materials on a substance or in or on an item.
CONTAMINATED WASTE. Any contaminated substance, including, but not limited to, any liquid or semiliquid blood or body fluid or any material that would release potentially infectious material in a liquid or semiliquid state if compressed, or any contaminated sharps, or any items that are caked with dried blood or other potentially infectious material and are capable of releasing these materials during handling.
COUNTY. The County of Merced.
DEPARTMENT. The Merced County Department of Public Health, Division of Environmental Health.
DEPARTMENTAL REGULATIONS. The regulations pertaining to body art activity and establishments promulgated by the department as currently written or as may from time to time be amended. When adopted by the department, these regulations are incorporated in and become part of this chapter.
ENFORCEMENT OFFICER. The health officer of the County of Merced or his or her designees, the deputy director of environmental health services or his or her assistant deputies, designees and employees.
EXISTING OWNER. An owner of a body art establishment operating on the effective date hereof.
EXPOSURE CONTROL PLAN. A written plan that meets all requirements of Cal. Code of Regulations Title 8, Division 1, Chapter 4, Subchapter 7, § 3203, Injury and Illness Prevention Program, and Division 1, Chapter 4, Subchapter 7, Group 16, Article 109, § 5193, Bloodbourne Pathogens, to minimize clients’ and employees’ risk of exposure to blood or potentially infectious material.
EXPOSURE INCIDENT. A person’s eye, mouth, other mucous membrane, nonintact skin or blood coming in contact with potentially infectious material as a result of body art activity.
HEALTH PERMIT. An annual permit issued to a body art establishment by the Deputy Director of Environmental Health Services.
INSTRUMENT.
1. Approved equipment, devices and components utilized to conduct body art activity, including, but not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, or other items used to insert pigment or dye, or to pierce, puncture or be inserted into any part of the human body, or to assist in such acts, for the intended purpose of making a tattoo or permanent hole.
2. Such items also include studs, hoops, rings or other decorative jewelry, materials or apparatuses.
INVASIVE. Entry into a client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break or otherwise compromise the skin or mucosa.
MANAGER. The owner or other person designated by the owner to be the owner’s on site representative in a body art establishment, who shall meet the criteria and comply with the provisions set forth in § 10-11-16
of this chapter.
MOBILE BODY ART ESTABLISHMENT. A vehicle, conveyance or other mobile platform approved for use by the department as a body art establishment.
MOBILE TATTOO VEHICLE. A nonpermanent, mobile tattoo establishment operating at a location remote from the permanent tattoo establishment, from which a tattoo artist does tattooing for a fee or for other considerations.
OWNER. The person, persons or legal entity having legal ownership of a business operating as a body art establishment. Any reference in this chapter to OWNING means having existing owner status.
PERMANENT COSMETICS. Any application of pigment to or under the skin of a person for the purpose of permanently or semipermanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semipermanent eyeliner, eye shadow or lip color.
PERMANENT HOLE. A hole produced by piercing or puncturing any part of the body with instruments intended to leave an opening in body tissue in which a device or apparatus may be inserted. PERMANENT HOLE includes any body part newly pierced or punctured which is undergoing a healing process, and any piercing or puncture whether or not removal of the device or apparatus from the perforation would result in fusing of the tissue structures.
PHYSICIAN. An individual licensed as a qualified physician by the State of California.
POTENTIALLY INFECTIOUS MATERIAL. Human body fluids, including, but not limited to, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid and any other body fluid that is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids.
REGISTRATION. The process as set forth in § 10-11-3
of this chapter whereby persons wishing to be body art technicians file a completed registration form with the department as a prerequisite to conducting body art activities in any jurisdiction wherein this chapter is in force. REGISTRATION BY THE DEPARTMENT shall mean the registered body art technician has demonstrated to the department’s satisfaction that the bearer has a level of competency sufficient to practice in this field. REGISTRATION shall remain valid for no more than three years.
SANITARY. Clean and free of agents of infection or disease.
SHARPS. Any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades and broken glass.
SINGLE SERVICE. One time, one person use.
SINGLE USE ITEMS. Products or items that are intended for onetime, one person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves.
TATTOO.
1. To insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin.
2. The indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
TEMPORARY BODY ART ESTABLISHMENT. A location that is approved by the department and the city as a body art establishment in conjunction with a temporary body art event.
(Ord. 539, passed 4-4-2006)