Section 797.100 Definitions

Section 797.100  Definitions

The following shall be the accepted definitions of the terms

used in this Part:

"Act" means Tattoo and

Body Piercing Establishment Registration Act [410 ILCS 54].

"Aftercare" means oral

and written instructions given to the client, specific to the body art

procedures rendered, about caring for the body art and surrounding area.  These

instructions will include information about when to seek medical treatment, if

necessary.

"Antiseptic" means an

agent that reduces disease-causing microorganisms on human skin or mucosa.

"Apprentice" means an

individual who works under the supervision of a body artist and performs body

art activities.

"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.

"Body Art" means the

practice of physical body adornment, including, 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 the Illinois State Medical Board, such as

implants under the skin, which shall not be performed in a body art

establishment.  Nor does this definition include piercing of the non-cartilaginous

portion or lobe of the ear with pre-sterilized single-use stud-and-clasp ear-piercing

systems.

"Body Artist" means a

person who conducts or practices body art activities and/or procedures.

"Body Art Establishment"

or

"Establishment" means a body-piercing operation, a tattooing

operation,

body modification establishment

or a combination of

all

operations in a multiple-type establishment,

whether public or private,

temporary or permanent in nature or location, profit or not for profit

ms.

"Body Artist" means a

person who conducts or practices body art activities and/or procedures.

"Body Art Establishment"

or

"Establishment" means a body-piercing operation, a tattooing

operation,

body modification establishment

or a combination of

all

operations in a multiple-type establishment,

whether public or private,

temporary or permanent in nature or location, profit or not for profit.  (Section

10 of the Act)

"Body Piercing" means

penetrating the skin to make a hole, mark, or scar that is generally permanent

in nature

, including, but not limited to, micro-dermal anchors, acts of

suspension and sub-dermal/trans-dermal implants.

"Body piercing"

does not include practices that are considered medical procedures or the

puncturing of the

non-cartilaginous portion

or lobe of the ear using a

pre-sterilized, single-use stud-and-clasp ear piercing system.

(Section 10

of the Act)

"Certificate of Registration"

means written permission by the Department to operate a body art

establishment.  Approval is given in accordance with this Part and is separate

from any other licensing requirement that may exist within communities or

political subdivisions comprising the jurisdiction.

"Change of

Ownership" means any of the following:

In the case of a body art

establishment owned by a corporation, the transfer of the facility by the

corporation to another corporation, to a partnership or association, or to a

natural person.  Transfer of stock in a corporation does not constitute change of

ownership.

In the case of a body art

establishment owned by a partnership or association, the transfer of the

facility by the partnership or association to another partnership or

association, to a corporation, or to a natural person.  Transfer of interest in

the partnership or association or substitution of any or all partners or

members of the association does not constitute change of ownership

ership.

In the case of a body art

establishment owned by a partnership or association, the transfer of the

facility by the partnership or association to another partnership or

association, to a corporation, or to a natural person.  Transfer of interest in

the partnership or association or substitution of any or all partners or

members of the association does not constitute change of ownership.

In the case of a body art

establishment owned by a natural person, the transfer of the facility to any

corporation, partnership, association or other natural person, whether or not

the owner retains any interest in the facility.

"Clean" or "Cleaning"

means the removal of foreign materials from objects, normally accomplished with

detergent, water and mechanical action.

"Client" means the

person, customer, or patron whose skin will be tattooed,

modified

or

pierced.

(Section 10 of the Act)

"Cosmetic

Tattooing" (see "Tattooing").

"Dentist" means a person

licensed to practice dentistry in this State pursuant to the Illinois Dental

Practice Act [225 ILCS 25].

"Department" means the Illinois Department of Public Health or its designated agent.

"Director" means the

Director of Public Health or his or her designee.

(Section 10 of the Act)

"Disclosure Warning Statement"

means a sign or poster that is provided by the Department that advises the

public of the potential health risks of body art services.

"Disinfect" or "Disinfection"

means 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

ans 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" means the

puncturing of the non-cartilaginous portion or lobe of the ear with a

pre-sterilized single-use stud-and-clasp ear-piercing system, following

manufacturer's instructions.  Under no circumstances shall ear piercing studs

and clasps be used anywhere on the body other than the non-cartilaginous

portion and lobe of the ear.

"Equipment" means 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 procedures of body art.

"Good Hygienic Practices"

means practices conducive to maintaining health and preventing disease,

especially through cleanliness.  Good hygienic practices include, but are not

limited to, restrictions on eating, drinking and the use of tobacco products in

the establishment; maintaining a high degree of personal cleanliness; hand

washing and proper hand washing techniques; use of single-use disposable

gloves; preventing employees from contaminating work surfaces; and availability

of hand washing facilities and supplies.

"Hand-Washing Sink"

means a sink equipped with hot and cold running water under pressure, tempered

by means of a mixing valve or combination faucet, activated by wrist blade or

knee control or other hands-free means, used solely for washing hands, arms and

other portions of the body.

"Hot Water" means water

that attains and maintains the temperature of not less than 120 degrees F

nd supplies.

"Hand-Washing Sink"

means a sink equipped with hot and cold running water under pressure, tempered

by means of a mixing valve or combination faucet, activated by wrist blade or

knee control or other hands-free means, used solely for washing hands, arms and

other portions of the body.

"Hot Water" means water

that attains and maintains the temperature of not less than 120 degrees F.

"Imminent Health Hazard"

means any hazard to the public health when the evidence shows that a product or

practice creates or may create a public health situation, including, but not

limited to, a lack of water or electricity, lack of sterilization, infections

that are epidemiologically associated with a body art establishment, or the

occurrence of a single case of a life-threatening illness that is

epidemiologically associated with a body art establishment.

"Instruments Used for Body

Art" means hand pieces, needles, needle bars, and other instruments that

may come in contact with a client's body or may be exposed to body fluids

during body art procedures.

"Invasive" means entry

into the body either by incision or insertion of an instrument into or through

the skin or mucosa, or by any other means intended to puncture, break or

compromise the skin or mucosa.

"Jewelry" means any

personal ornament inserted into a pierced area.  The ornament shall be free of

nicks, scratches or irregular surfaces and must have been properly sterilized

prior to use.

"Mobile Body Art

Establishment" or "Mobile Body Art Unit" means a mobile

establishment or unit that is self-propelled or otherwise movable from place to

place and is self-sufficient for utilities such as gas, water, electricity and

liquid waste disposal.

"Operator" means an

individual, partnership, corporation, association, or other entity engaged in

the business of owning, managing, or offering services of body

art

hment" or "Mobile Body Art Unit" means a mobile

establishment or unit that is self-propelled or otherwise movable from place to

place and is self-sufficient for utilities such as gas, water, electricity and

liquid waste disposal.

"Operator" means an

individual, partnership, corporation, association, or other entity engaged in

the business of owning, managing, or offering services of body

art

.

(Section

10 of the Act)

"Person" means any

individual, corporation, partnership, firm, association, society, trust,

estate, public or private institution, group, agency, political subdivision of

this State, any other state or political subdivision or agency of that state,

and any legal successor, representative, agent or agency of a person.

"Physician" means a

person licensed under the Medical Practice Act of 1987 [225 ILCS 60] to practice

medicine in all of its branches.

"Potable Water" means

water that is safe for human consumption and meets the water quality standards

of the Primary Drinking Water Standards (35 Ill. Adm. Code 611).

"Procedure Surface"

means any surface of a work area, including, but not limited to, the procedure

chair that comes into contact with the client's body during a body art

procedure, skin preparation of the area adjacent to and including the body art

procedure, or any associated work area that may require disinfecting.

"Regulated Waste" means

any liquid or semi-liquid blood or other potentially infectious materials;

contaminated items that would release blood or other potentially infectious

materials in a liquid or semi-liquid state if compressed; items that are caked

with dried blood or other potentially infectious materials and are capable of

releasing these materials during handling; sharps and any wastes containing

blood and other potentially infectious materials, as defined in 29 CFR

1910.1030 (Bloodborne Pathogens)

s that would release blood or other potentially infectious

materials in a liquid or semi-liquid state if compressed; items that are caked

with dried blood or other potentially infectious materials and are capable of

releasing these materials during handling; sharps and any wastes containing

blood and other potentially infectious materials, as defined in 29 CFR

1910.1030 (Bloodborne Pathogens).

"Scarification" means to

create a design on the skin by means of shallow cuts or skin removal that are

sometimes rubbed with a colorant or irritant to enhance the resulting scar

tissue.

"Sharps" means any

objects (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 Disposal Container"

means a puncture-resistant, leak-proof container that can be closed for handling,

storage, transportation and disposal and that is labeled with the international

biohazard symbol.

"Single Use" means

products or items that are intended for one-time, 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, tattoo needles, scalpel blades,

stencils, ink cups and protective gloves.

"Standard Precautions"

means infection prevention and control measures that apply to all clients

regardless of condition or presumed infection status (see 77 Ill. Adm. Code

690.1010(a)(1)).

"Sterile"

means free of all living organisms, including spores.

"Sterilization" means

the use of a physical or chemical process to destroy all living organisms,

including spores.

"Sterilization

Packaging" means packaging materials, including, but not limited to, bags,

packs, pouches or tubing designed for steam sterilization use

esumed infection status (see 77 Ill. Adm. Code

690.1010(a)(1)).

"Sterile"

means free of all living organisms, including spores.

"Sterilization" means

the use of a physical or chemical process to destroy all living organisms,

including spores.

"Sterilization

Packaging" means packaging materials, including, but not limited to, bags,

packs, pouches or tubing designed for steam sterilization use.  The

sterilization packaging shall allow penetration of steam to allow sterilization

and to maintain the sterility of the item after sterilization.

"Sterilize" means to

destroy all living organisms including spores.

(Section 10 of the Act)

"Sterilizer" means

equipment used to sterilize body art devices, equipment and supplies by direct

exposure to a selected sterilization agent validated by a sterile indicator

strip.

"Tattooing" means any

method of placing ink or other pigment into 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 term includes all forms of

cosmetic tattooing.

"Tempered Water" means

water ranging in temperature from 85 degrees F to, but not including, 120

degrees F.

"Temporary Body Art

Establishment" means any place or premise operating for educational, trade

show or product demonstration purposes at a fixed location where a body

artist/apprentice performs body art procedures for no more than 14 days

consecutively in conjunction with a single event or celebration.

"Temporary Certificate of

Registration" means a certificate of registration issued by the Department

for educational, trade show, or product demonstration purposes only.  The

temporary certificate of registration shall be valid for a maximum of 14

calendar days.

(Section 20 of the Act)

"Ultrasonic Unit" means

a unit used for cleaning soiled and/or used instruments before they are

sterilized, using the emission of high frequency sound waves

certificate of registration issued by the Department

for educational, trade show, or product demonstration purposes only.  The

temporary certificate of registration shall be valid for a maximum of 14

calendar days.

(Section 20 of the Act)

"Ultrasonic Unit" means

a unit used for cleaning soiled and/or used instruments before they are

sterilized, using the emission of high frequency sound waves.

"Violation" means a

finding of violation of a Section of the Act or this Part by a court of

competent jurisdiction in this State, or by the Director in a Final Order

issued pursuant to the Act, or by a notice of warning issued in accordance with

this Part.

"Work Station"

means an area where body art procedures are performed.