§ 77.01 DEFINITIONS.
   Words and phrases shall be taken in their plain, or ordinary and usual sense, except where used in a technical sense or where context or the intent of the County Board of Health indicates or requires a different meaning.
   AFTERCARE. Written instructions given to the client, specific to the body art procedure(s) rendered, on caring for the body art and surrounding area. These instructions will include information when to seek medical treatment, if necessary.
   ANTISEPTIC. A product that is labeled as useful in preventing diseases caused by microorganisms present on the skin and/or mucosal surfaces of humans. This includes products meant to kill germs and/or labeled as “antiseptic,” “antibacterial,” “microbicide,” or “germicide,” or other similar terms. These products should be in compliance with section 201(g)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)(B)).
   BIOMEDICAL WASTE/REGULATED WASTE. Any solid or liquid waste that can present a threat of infection to humans, including non- liquid tissue, body parts, blood, blood products, and body fluids from humans; wastes that contain human disease-causing agents; and discarded sharps. The following are also included:
      (1)   Used, absorbent materials saturated with blood, blood products, body fluids, or excretions/secretions contaminated with visible blood. Also includes absorbent materials saturated with blood or blood products that have dried.
      (2)   Nonabsorbent, disposable devices that have been contaminated with blood, body fluids or, secretions/excretions visibly contaminated with blood, but the devices have not been treated by an approved method.
   BLOODBORNE PATHOGEN. Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV) [Occupational Safety and Health Administration [OSHA] definition 29cfr 1910.103(b)].
   BODY ART. The practice of physical body adornment by permitted establishments and operators utilizing, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin, and shall not be performed in a BODY ART establishment. Nor does this definition include, for the purposes of this code, piercing of the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems.
   BODY ART ESTABLISHMENT. Any place or premises, whether public or private, permanent in nature and location, where the practices of body art, whether or not for profit, are performed.
   BODY PIERCING. Puncturing or penetration of the skin or mucosa of a person using pre-sterilized single use needles and the insertion of pre-sterilized single use needles and the insertion of pre-sterilized jewelry or other adornment thereto in the opening. Puncturing the outer perimeter or lobe of the ear using a pre-sterilized single use stud and clasp ear piercing system shall not be included in this definition.
   COSMETIC TATTOOING. See PERMANENT COSMETICS.
   DEPARTMENT. The Madison County Health Department.
   DISINFECTANT. A product that is tuberculocidal and registered by the U.S. Environmental Protection Agency, as indicated on the label for use in disinfection.
   DISINFECTION. The destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
   DISINFECT. A process that provides an effective concentration of a United States Environmental Protection Agency registered chemical for enough contact time as specified by the manufacturer to reduce bacterial count, including pathogens, to a safe level (when disease organisms that may be present are destroyed so as to prevent transfer) on equipment surfaces and in toilet and hand-washing facilities.
   EAR PIERCING. The puncturing of the outer perimeter or lobe of the ear using a pre-sterilized single use stud and clasp ear piercing system following manufacturer instructions.
   EQUIPMENT. All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a body art establishment.
   GLOVES. Medical grade or exam grade, sterile or nonsterile, disposable, single-use, full hand coverings worn for protection against disease transmission.
   HANDSINK. A lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.
   HAZARDOUS WASTE. All substances that exposure to results or can result in adverse effects on human health and safety under 29 CFR 1910.120 OSHA.
   HEALTH OFFICER. The Administrator of the County Health Department or his or her authorized representative.
   IMMINENT HEALTH HAZARD. A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction.
   INSTRUMENTS USED FOR BODY ART. Hand pieces, needles, needle bars and other instruments that may come in contact with a client’s body or possible exposure to bodily fluids during body art procedures.
   JEWELRY. Any personal ornament inserted into a newly pierced area, which must be made of surgical implant grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium or platinum, a dense, low-porosity plastic and or which is free of nicks, scratches or irregular surfaces and which has been properly sterilized prior to use. If used for initial piercing, jewelry must be ASTM F2999 compliant.
   LIQUID CHEMICAL GERMICIDE. A disinfectant or sanitizer registered with the Environmental Protection Agency or an approximate 1:100 dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle (500 ppm, one-fourth cup/gallon or two tablespoons/quart of tap water).
   MATERIAL CERTIFICATE. All documents intended to state the specifics of a material used for body jewelry. Names for these documents include but are not limited to Mill Certificate, Material Certificate, Metal Composition Sheets, MSD, and Material Certification Sheets.
   MUCOSAL SURFACE. The moisture- secreting membrane lining of all body cavities or passages that communicates with the exterior, including but not limited to the nose, mouth, vulva, and urethra.
   OPERATOR/TECHNICIAN. Any person who controls, operates, manages, conducts, or practices body art activities at a body art establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. The term includes technicians who work under the operator and perform body art activities.
   PERMANENT COSMETICS. A tattoo, by someone other than a licensed physician, which includes but is not limited to eyebrows, eyelids, lips, and other parts of the body. This term includes any procedures whether referred to as, but not limited to, “permanent makeup,” “microdermapigmentation,” “micropigment implantation,” “microblading,” “micro-needling with use of pignment,” “dermagraphics,” “cosmetic tattooing,” or any other similar procedures and for the purpose of this chapter has the same meaning as “tattoo.”
   PERMIT. Written approval by the Department to operate a body art establishment.
   PERSON. An individual, any form of business or social organization or any other non-governmental legal entity including, but not limited to, a corporation, partnership, firm, limited liability company, association, trust or unincorporated organization.
   PHYSICIAN. A person licensed by the state to practice medicine in all its branches and may include other areas such as dentistry, osteopathy or acupuncture.
   PIERCE. To make a hole in the body or oral cavity in order to insert or allow the insertion of any ring, hoop, stud or other object for the purpose of ornamentation of the body. PIERCING does not include tongue splitting.
   PROCEDURE SURFACE. Any surface of an inanimate object that contacts the client’s unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure or any associated work area, which may require sanitizing.
   SANITIZE/SANITIZATION PROCEDURE. A process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public heath standards and which the Department has approved.
   SHARPS. Any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized, single use needles, scalpel blades and razor blades.
   SHARPS CONTAINER. A puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal and is labeled with the international biohazard symbol.
   SINGLE USE. Products or items that are intended for one-time, one-person 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.
   STANDARD PRECAUTIONS/UNIVERSAL PRECAUTIONS. A set of infection control practices used to prevent transmission of diseases that can be acquired by contact with blood, body fluids, non-intact skin (including rashes), and mucous membranes.
   STERILIZATION. A very powerful process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
   STERILIZATION AREA or STERILIZATION ROOM. A room or enclosed area, set apart and used only to clean, decontaminate, and sterilize instruments. This room must be enclosed, not open to the public, and used only for cleaning, sterilization, and related tasks.
   STERILE WATER. Water that is purchased from the manufacturer sterile, in a single-use container.
   TATTOO. The mark resulting from the act of tattooing.
   TATTOOING. Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of cosmetic tattooing.
   TONGUE SPLITTING. The cutting of a human tongue into two or more parts.
   ULTRASONIC CLEANER or ULTRASONIC. A device that removes debris by a process called cavitation, in which waves of acoustic energy are propagated in aqueous solutions to disrupt the bonds that hold particulate matter to surfaces [Guidelines for Disinfection and Sterilization in Healthcare Facilities, 2008, Section 445].
   UNIVERSAL PRECAUTIONS. A set of guidelines and controls, published by the Center for Disease Control (CDC) as ‘guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers’ in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No S-6, and as ‘recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures,’ in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
   WORKSTATION. The area within a procedure area where a body artist performs body art. The workstation includes but is not limited to the client chair or table, counter, mayo stand, instrument tray, storage drawer, and practitioner’s chair.
(1993 Code, § 77.01) (Ord. 2006-04, passed 5-17-2006; Ord. 2020-03, passed 3-18-2020)