Section
122.01 Sanitary operation of tattoo parlors
122.02 Definitions
122.03 Operator training responsibilities
122.04 Operator responsibilities
122.05 Operator policies
122.06 Tattoo artist and body piercer minimum training and certification requirements
122.07 Patron records
122.08 Illness
122.09 Handwashing
122.10 Personal protective equipment
122.11 Tattooing equipment
122.12 Needles
122.13 Reusable equipment
122.14 Dyes or pigments
122.15 Work environment
122.16 Infectious waste containment
122.17 Treatment and transport of infectious waste
122.18 Permits and licenses
122.19 Inspections
122.20 Procedures when violations are noted
122.21 Permit or license suspension/revocation
122.22 Other permit or license revocation, suspension and immediate closure orders
122.23 Hearing
122.24 Appeal
122.25 Enforcement
122.26 Violations
122.27 Prohibited acts
122.28 Injunction
122.29 Expense
122.30 Cumulative
122.99 Penalty
All places, individuals and businesses that offer to affix any type of permanent tattoo or body piercing to a person shall be regulated by this chapter and shall maintain the premises in which tattoos or body piercings are performed and equipment used in the tattoo or body piercing process in a sanitary manner.
(Ord. G-10-15, passed 4-15-2010)
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
BLOOD. Human blood.
BLOOD BORNE PATHOGENS. Pathogenic microorganisms that are present in human blood and can cause disease in humans. These PATHOGENS include, but are not limited to, the following:
(1) HBV - hepatitis B virus
(2) HCV - hepatitis C virus
(3) HIV - human immunodeficiency virus.
BODY PIERCER. Any person who performs body piercing on an individual.
BODY PIERCING. The perforation of any human body part other than ear lobe for the purpose of inserting jewelry or other decoration or for some other non-medical purpose.
CLEANED. Removal of all visible dust, soil, or any other foreign material.
CONTAMINATED. The presence or reasonably anticipated presence of blood or OPIM (other potentially infectious materials) on an item or surface.
DECONTAMINATED. The use of physical or chemical means to remove, inactivate, or destroy blood borne pathogens on a surface or item which does not require sterilization 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.
DEPARTMENT. The Floyd County Health Department.
FACILITY. A tattoo parlor or a body piercing facility, or both, which is any room or space that is mobile or stationary where tattooing or body piercing, or both, is provided or where the business of tattooing or body piercing, or both, is conducted.
HBV. The hepatitis B virus.
HCV. The hepatitis C virus.
HEALTH OFFICER. The duly appointed Health Officer as set forth in I.C. 16-20-2-16. The Floyd County HEALTH OFFICER or designee shall be designated as the official in charge of enforcing this chapter. The HEALTH OFFICER may designate a representative in the Health Department to perform those duties and responsibilities of the HEALTH OFFICER.
HIGH LEVEL DISINFECTION. A process that destroys all micro-organisms, with the exception of high numbers of bacterial spores.
HIV. The human immunodeficiency virus.
INFECTIOUS WASTE. Waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease. INFECTIOUS WASTE includes, but is not limited to, the following:
(1) Contaminated sharps or contaminated objects that could potentially become contaminated sharps.
(2) Infectious biological cultures, infectious associated biologicals, and infectious agent stock.
(3) Pathological waste.
(4) Blood and blood products in liquid and semi-liquid form.
(5) Carcasses, body parts, blood, and body fluids in liquid and semi-liquid form, and bedding of laboratory animals.
(6) Other waste that has been intermingled with infectious waste.
INTERMEDIATE LEVEL DISINFECTION. A process that inactivates:
(1) Mycobacterium tuberculosis;
(2) Vegetative bacteria;
(3) Most viruses; and
(4) Most fungi;
but does not necessarily kill bacterial spores.
MOBILE FACILITY. A tattoo parlor or a body piercing facility, or both, which is any moveable room or space where tattooing or body piercing, or both, is provided or where the business of tattooing or body piercing, or both, is conducted.
OPERATOR. Any person who controls, operates, manages, or owns any facility.
OTHER POTENTIALLY INFECTIOUS MATERIALS OR OPIM.
(1) Human body fluids as follows:
(a) Semen.
(b) Vaginal secretions.
(c) Cerebrospinal fluid.
(d) Synovial fluid.
(e) Pleural fluid.
(f) Pericardial fluid.
(g) Peritoneal fluid.
(h) Amniotic fluid.
(i) Saliva in dental procedures.
(j) Any body fluid that is visibly contaminated with blood.
(k) All body fluids where it is difficult or impossible to differentiate between body fluids.
(2) Any unfixed tissue or organ, other than intact skin, from a human, living or dead.
(3) HIV-containing cell or tissue cultures, and HIV or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
PARENTERAL. Piercing the mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, or abrasions.
PERSONAL PROTECTIVE EQUIPMENT. Specialized clothing or equipment worn for protection against contact with blood or OPIM.
SECURE AREA. An area that is designated and maintained to prevent the entry of unauthorized persons.
SEMI-LIQUID BLOOD, BLOOD PRODUCTS. Blood, blood products that have intermediate fluid properties and are capable of flowing in a manner similar to liquid.
STERILIZE. The use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.
STORE. The containment of infectious waste in such a manner as not to constitute collection, treatment, transport, or disposal.
TATTOO.
(1) Any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or
(2) Any design, letter, scroll, figure, or symbol done by scarring upon or under the skin; or
(3) Any piercing of the mucous membranes or the skin through which needles or other items are inserted for temporary or permanent placement upon a person.
TATTOO ARTIST. Any person who provides a tattoo to an individual or who performs any type of piercing of the mucous membranes or the skin through which needles or other objects are inserted for temporary or permanent placement.
UNIVERSAL PRECAUTIONS. An approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, HCV, and other blood borne pathogens.
(Ord. G-10-15, passed 4-15-2010)
An individual or entity that is an operator shall comply with the following training responsibilities:
(A) Ensure that the training described in the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard (as found in 29 CFR 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.
(B) Ensure that training on the handling of infectious waste 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.
(C) Ensure that a record of training described in subdivisions (A) and (B) is maintained, as required under the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard (as found in 29 CFR 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.
(Ord. G-10-15, passed 4-15-2010)
(A) The operator shall ensure that tattoo artists, 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 are provided personal protective equipment and expendables needed to implement the precautions required by this rule and the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard (as found in 29 CFR 1910.1030).
(B) The operator shall require tattoo artists, 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 § 122.06.
(C) The operator shall display a description of compliance with the requirements contained in division (D).
(D) The operator shall display 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. G-10-15, passed 4-15-2010) Penalty, see § 122.99
The operator shall develop a written policy in compliance with this rule and the requirements of the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogen Standard (as found in 29 CFR 1910.1030) that:
(A) Requires the use of universal precautions when performing tattooing or body piercing and any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM;
(B) Requires disinfection or sterilization of contaminated reusable items;
(C) Includes the safe handling of infectious waste;
(D) Provides sanctions, including discipline and dismissal, if warranted, for failure to use universal precautions and/or handle infectious waste safely; and
(E) Prohibiting of medical procedures; tongue splitting, tattoo removal, and uses of anesthesia.
(Ord. G-10-15, passed 4-15-2010) Penalty, see § 122.99
(A) All tattoo artists, body piercers, anyone employed by the facility, and 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 shall complete the training program that is required under the requirements of the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogen Standard (as found in 29 CFR 1910.1030). The programs under this section shall be as follows:
(1) A blood borne pathogen training session provided by the operator meeting the requirements under the Indiana Occupational Safety and Health Administration's Bloodborne Pathogens Standard (as found in 29 CFR 1910.1030).
(2) Any bloodborne pathogen continuing education program accredited by a health care licensing entity.
(B) All tattoo artists, body piercers, anyone employed by the facility, and 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 must be trained in the facility’s policies on the handling of infectious waste.
(Ord. G-10-15, passed 4-15-2010) Penalty, see § 122.99
(A) Records. Records of each patron shall be maintained for two years. The record shall include the following:
(1) Patron’s name.
(2) Address.
(3) Age. Age must be verified by two items of identification, one of which must be a valid government issued identification.
(4) Date of the tattoo or body piercing.
(5) Design of the tattoo or body piercing.
(6) Location of the tattoo or body piercing on the patron’s body.
(7) The name of the tattoo artist or body piercer who performed the work.
(8) Jewelry or other decoration used.
(B) Tattooing and body piercing of minors prohibited. No person shall tattoo any person under the age of 18 years, except in the presence of and with the written permission of a properly identified parent or legal guardian of such person. Under no circumstances shall any person tattoo or body pierce a person under the age of 16. A person providing tattoo or body piercing services shall conspicuously post a notice stating that it is illegal to tattoo or body pierce any person under the age of 18 without the parent or legal guardian's consent and without the parent or legal guardian present and that it is illegal to ever tattoo or body pierce any person under the age of 16 years old.
(Ord. G-10-15, passed 4-15-2010) Penalty, see § 122.99
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