Section 797.400 Operational Requirements

Section 797.400  Operational Requirements

a)         It

shall be unlawful for any person to perform body art procedures unless such

procedures are performed in a body art establishment with a current certificate

of registration.

b)         A body artist/apprentice

shall be a minimum of 18 years of age.

c)         Eating

or drinking by anyone other than a client is prohibited in the area where body

art is performed.

d)         Smoking is prohibited in

the body art establishment.

e)

Body

art

procedures must not be performed, without medical clearance, on skin

surfaces where sunburn, rash, acne, infection, open lesions, or other

questionable skin lesions exist and must not be performed on any person who is

impaired by drugs or alcohol.

(Section 27 of Act) Medical clearance must

be in the form of a written and signed statement by a physician.

f)         The

body artists/apprentice shall maintain a high degree of personal cleanliness,

conform to good hygienic practices, and wear clean clothes when performing body

art procedures.  Before performing body art procedures, body

artists/apprentices shall thoroughly wash their hands for a minimum of 20

seconds in tempered running water with liquid soap, then rinse hands and dry

with disposable paper towels.  This shall be done as often as necessary to

remove contaminants.

g)         In

performing body art procedures, the body artist/apprentice shall wear

single-use medical grade gloves.  Gloves shall be changed if they become

contaminated by contact with any non-clean surfaces or objects or by contact

with a third person.  The gloves shall be discarded, at a minimum, after the

completion of each procedure on an individual client, and hands shall be washed

before the next pair of gloves is donned.  Under no circumstances shall a

single pair of gloves be used on more than one person.  The use of single-use,

medical grade gloves does not preclude or substitute for hand-washing

procedures as part of a good personal hygiene program

be discarded, at a minimum, after the

completion of each procedure on an individual client, and hands shall be washed

before the next pair of gloves is donned.  Under no circumstances shall a

single pair of gloves be used on more than one person.  The use of single-use,

medical grade gloves does not preclude or substitute for hand-washing

procedures as part of a good personal hygiene program.

h)         If,

while performing a body art procedure, the body artist's/apprentice's glove is

pierced, torn or otherwise compromised, the procedure in subsection (f) shall

be repeated immediately.  The contaminated gloves shall be immediately

discarded, and the hands washed thoroughly (see subsection (e)) before a fresh

pair of gloves is applied.  Any item or instrument used for body art that is

contaminated during the procedure shall be replaced immediately with a new

disposable item or a new sterilized instrument or item before the procedure

resumes.

i)          Regulated

waste that may release liquid blood or body fluids when compressed, or may

release dried blood or body fluids when handled, shall be placed in an approved

bag marked with the international biohazard symbol.  The regulated waste shall

then be disposed of in compliance with 29 CFR 1910.1030.  Sharps ready for

disposal shall be disposed of in approved sharps disposal containers.  Storage

of regulated waste on site shall comply with the regulations in 29 CFR

1910.1030, and storage of regulated waste awaiting pick-up shall not exceed 30

days.

j)          Waste

that does not release liquid blood or body fluids when compressed or does not

release dried blood or body fluids when handled may be placed in a covered

receptacle and disposed of through normal disposal methods.

k)         No

person shall perform any tattoo procedure upon a person under the age of 18

years that is prohibited by Sections 12-10 through 12-10.2(c) of the Criminal

Code of 1961

that does not release liquid blood or body fluids when compressed or does not

release dried blood or body fluids when handled may be placed in a covered

receptacle and disposed of through normal disposal methods.

k)         No

person shall perform any tattoo procedure upon a person under the age of 18

years that is prohibited by Sections 12-10 through 12-10.2(c) of the Criminal

Code of 1961.  Age verification shall be obtained by government issued

identification containing a birth date and photograph.  In any procedure other

than tattooing, the parent or legal guardian shall sign a consent form in the

presence of an operator/body artist.  The consent form shall indicate that the

parent or legal guardian has read and understood the disclosure warning

statement required under Section 797.600(c).

l)          Before

the oral cavity of a person under 18 years of age may be pierced, the written

consent form signed by the parent or legal guardian must contain a provision in

substantially the following form:

I understand that the oral

piercing of the tongue, lips, cheeks, or any other area of the oral cavity

carries serious risk of infection or damage to the mouth and teeth, or both

infection and damage to those areas, that could result in but is not limited to

nerve damage, numbness, and life threatening blood clots.

(Section 12-10.1

of the Criminal Code of 1961)

m)        Any

skin or mucosal surface that is to receive a body art procedure shall be free

of rash, irritation or any visible infection.

n)         No

body artist/apprentice affected with boils, infected wounds, open sores,

abrasions, weeping dermatological lesions or acute respiratory infection,

possibly manifested by fever, chills and/or a chronic productive cough, shall

work in any area of a body art establishment in any capacity in which that

person could contaminate body art equipment, supplies or working surfaces with

body substances or pathogenic organisms

affected with boils, infected wounds, open sores,

abrasions, weeping dermatological lesions or acute respiratory infection,

possibly manifested by fever, chills and/or a chronic productive cough, shall

work in any area of a body art establishment in any capacity in which that

person could contaminate body art equipment, supplies or working surfaces with

body substances or pathogenic organisms.

o)         Any

body artist can refuse service to any individual, at any time, and for any

reason.