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These statutes are current to March 2002 and the regulations to July 1, 2002 and are subject to change and modification.  The Society does not warrant the accuracy or status of either the statutes or regulations.  Anyone examining this site should review their own state statutes or regulations for information.  These statutes and regulations may not be reviewed for content or accuracy after July 1, 2002.  Publication of this information is educational only and does not constitute legal advice.
 
Chapter 1. Definitions and Exclusions
Chapter 2. Battery and Related Offenses
Indiana Acts
Indiana Regulations

 

Indiana Code
TITLE 25. PROFESSIONS AND OCCUPATIONS
ARTICLE 22.5. PHYSICIANS
Chapter 1. Definitions and Exclusions
IC 25-22.5-1-1.1 Sec. 1.1. As used in this article:

Sec. 1.1. As used in this article:

(a) "Practice of medicine or osteopathic medicine" means any one (1) or a combination of the following:

(1) Holding oneself out to the public as being engaged in:

(A) the diagnosis, treatment, correction, or prevention of any disease, ailment, defect, injury, infirmity, deformity, pain, or other condition of human beings;

(B) the suggestion, recommendation, or prescription or administration of any form of treatment, without limitation;

(C) the performing of any kind of surgical operation upon a human being, including tattooing>, except for <tattooing (as defined in IC 35-42-2-7), in which human tissue is cut, burned, or vaporized by the use of any mechanical means, laser, or ionizing radiation, or the penetration of the skin or body orifice by any means, for the intended palliation, relief, or cure; or

(D) the prevention of any physical, mental, or functional ailment or defect of any person.

(2) The maintenance of an office or a place of business for the reception, examination, or treatment of persons suffering from disease, ailment, defect, injury, infirmity, deformity, pain, or other conditions of body or mind.

(3) Attaching the designation "doctor of medicine", "M.D.", "doctor of osteopathy", "D.O.", "osteopathic medical
physician", "physician", "surgeon", or "physician and surgeon", either alone or in connection with other words, or any other words or abbreviations to a name, indicating or inducing others to believe that the person is engaged in the practice of medicine or osteopathic medicine (as defined in this section).

(4) Providing diagnostic or treatment services to a person in Indiana when the diagnostic or treatment services:

(A) are transmitted through electronic communications; and

(B) are on a regular, routine, and non-episodic basis or under an oral or written agreement to regularly provide medical services. In addition to the exceptions described in section 2 of this chapter, a nonresident physician who is located outside Indiana does not practice medicine or osteopathy in Indiana by providing a second opinion to a licensee or diagnostic or treatment services to a patient in Indiana following medical care originally provided to the patient while outside Indiana.

(b) "Board" refers to the medical licensing board of Indiana.

(c) "Diagnose or diagnosis" means to examine a patient, parts of a patient's body, substances taken or removed from a patient's body, or materials produced by a patient's body to determine the source or nature of a disease or other physical or mental condition, or to hold oneself out or represent that a person is a physician and is so examining a patient. It is not necessary that the examination be made in the presence of the patient; it may be made on information supplied either directly or indirectly by the patient.

(d) "Drug or medicine" means any medicine, compound, or chemical or biological preparation intended for internal or external use of humans, and all substances intended to be used for the diagnosis, cure, mitigation, or prevention of diseases or abnormalities of humans, which are recognized in the latest editions published of the United States Pharmacopoeia or National Formulary, or otherwise established as a drug or medicine.

(e) "Licensee" means any individual holding a valid unlimited license issued by the board under this article.

(f) "Prescribe or prescription" means to direct, order, or designate the use of or manner of using a drug, medicine, or treatment, by spoken or written words or other means.

(g) "Physician" means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana.

(h) "Medical school" means a nationally accredited college of medicine or of osteopathic medicine approved by the board.

(i) "Physician's assistant" means an individual who:

(1) is an employee of a physician;

(2) is a graduate of a physician's assistant training program approved by the board;

(3) has successfully completed the national examination administered by the national commission on the certification of physician's assistants; and

(4) has registered with the board.

(j) "Bureau" refers to the health professions bureau under IC 25-1-5.

As added by Acts 1978, P.L. 8, SEC. 13. Amended by Acts 1981, P.L. 222, SEC. 151; P.L. 247-1985, SEC. 1; P.L. 169-1985, SEC. 62; P.L. 217-1993, SEC. 2; P.L. 180-1996, SEC. 1; P.L. 181-1997, SEC. 1.

 

Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 42. OFFENSES AGAINST THE PERSON
Chapter 2. Battery and Related Offenses

IC 35-42-2-7 Sec. 7. (a) As used in this section, "tattoo" means:

Sec. 7. (a) As used in this section, "tattoo>" means:

(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.

(b) As used in this section, "body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.

(c) Except as provided in subsection (e), a person who provides a <tattoo> to a person who is less than eighteen (18) years of age commits <tattooing> a minor, a Class A misdemeanor.

(d) This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the course of the health care professional's practice. Except as provided in subsection (e), a person who performs body piercing upon a person who is less than eighteen (18) years of age commits body piercing a minor, a Class A misdemeanor.

(e) A person may provide a <tattoo> to a person who is less than eighteen (18) years of age or perform body piercing upon a person who is less than eighteen (18) years of age if a parent or legal guardian of the person receiving the <tattoo> or undergoing the body piercing:

(1) is present at the time the <tattoo> is provided or the body piercing is performed; and

(2) provides written permission for the person to receive the <tattoo or undergo the body piercing.

(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or more restrictive than this section or a rule adopted under IC 16-19-3-4.1 or IC 16-19-3-4.2.

As added by P.L. 181-1997, SEC. 3. Amended by P.L. 166-1999, SEC. 2.

 

Indiana Acts

SENATE ENROLLED ACT No. 38 of 1999

AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 16-19-3-4.2 IS ADDED TO THE INDIANA CODE AS A [NEW][fn2] SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1999]:
[Sec. 4.2. The executive board shall adopt reasonable rules to regulate the sanitary operation of body piercing
facilities.][fn2]

SECTION 2. IC 35-42-2-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 1999]: Sec. 7. (a) As used in this section, "tattoo>" means:

(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.

[(b) As used in this section, "body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.][fn2]

[(b)][fn1] [(c)][fn2] Except as provided in subsection [(c)][fn1] [(e)][fn2], a person who provides a <tattoo> to a
person who is less than eighteen (18) years of age commits <tattooing> a minor, a Class A misdemeanor.

[(d) This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the course of the health care professional's practice. Except as provided in subsection (e), a person who performs body piercing upon a person who is less than eighteen (18) years of age commits body piercing a minor, a Class A misdemeanor.][fn2]

[(c)][fn1] [(e)][fn2] A person may provide a <tattoo> to a person who is less than eighteen (18) years of age [or perform body piercing upon a person who is less than eighteen (18) years of age][fn2] if a parent or legal guardian of the person receiving the <tattoo> [or undergoing the body piercing][fn2]:

(1) is present at the time the <tattoo> is provided [or the body piercing is performed][fn2]; and

(2) provides written permission for the person to receive the <tattoo [or undergo the body piercing][fn2].

[(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or more restrictive than this section or a rule adopted under IC 16-19-3-4.1 or IC 16-19-3-4.2.][fn2]

[fn1] [EDITORS' NOTE: THE TEXT CONTAINED WITHIN THE BRACKETS WAS STRICKEN THROUGH IN THE ORIGINAL TEXT.]

[fn2] [EDITORS' NOTE: THE TEXT CONTAINED WITHIN THE BRACKETS WAS ADDED IN THE ORIGINAL TEXT.]

Effective: April 29, 1999







INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS



410 IAC 1-5-7.5 "Facility" defined

Sec. 7.5. "Facility" means a tattoo parlor or a body piercing facility, or
both, which is any 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.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-7.5; filed Jun 30, 2000, 4:10
p.m.: 23 Ind. Reg. 2710

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.






THE INDIANA REGISTER

ISSUE: Volume 23, Number 11

ISSUE DATE: August 1, 2000

SUBJECT: FINAL RULES

AGENCY: INDIANA STATE DEPARTMENT OF HEALTH

23 Ind. Reg. 2710

INDIANA ADMINISTRATIVE CODE CITATION: 410 IAC 1-5

[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

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Star pagination is in accord with In. Reg. hardcopy pagination
To view the next page, type .np* and TRANSMIT.
To view a specific page, transmit p* and the page number. E.G. p*1.
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[*2710]

TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

LSA Document # 99-157(F)

DIGEST

Amends 410 IAC 1-5 to include requirements for the sanitary operation of body
piercing facilities. Effective 30 days after filing with the secretary of state.

410 IAC 1-5-3.5
410 IAC 1-5-3.6
410 IAC 1-5-7.5
410 IAC 1-5-9.5
410 IAC 1-5-11.2
410 IAC 1-5-11.5
410 IAC 1-5-21
410 IAC 1-5-22
410 IAC 1-5-24
410 IAC 1-5-25
410 IAC 1-5-26
410 IAC 1-5-27
410 IAC 1-5-28
410 IAC 1-5-29
410 IAC 1-5-30
410 IAC 1-5-31
410 IAC 1-5-34
410 IAC 1-5-35
410 IAC 1-5-36
410 IAC 1-5-38

SECTION 1. 410 IAC 1-5-3.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.5 "Body piercer" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.5. "BODY PIERCER" MEANS ANY PERSON WHO PERFORMS BODY PIERCING ON
AN INDIVIDUAL. <A] (Indiana State Department of Health; 410 IAC 1-5-3.5; filed
Jun 30, 2000, 4:10 p.m.: 23 IR 2710)

SECTION 2. 410 IAC 1-5-3.6 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.6 "Body piercing" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.6. "BODY PIERCING" MEANS THE PERFORATION OF ANY HUMAN BODY PART
OTHER THAN EAR LOBE FOR THE PURPOSE OF INSERTING JEWELRY OR OTHER DECORATION OR
FOR SOME OTHER NONMEDICAL PURPOSE. <A] (Indiana State Department of Health; 410
IAC 1-5-3.6; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2710)

SECTION 3. 410 IAC 1-5-7.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-7.5 "Facility" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 7.5. "FACILITY" MEANS A TATTOO PARLOR OR A BODY PIERCING FACILITY,
OR BOTH, WHICH IS ANY 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. <A] (Indiana State Department of Health; 410 IAC 1-5-7.5; filed Jun
30, 2000, 4:10 p.m.: 23 IR 2710)

SECTION 4. 410 IAC 1-5-9.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-9.5 "High level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 9.5. "HIGH LEVEL DISINFECTION" MEANS A PROCESS THAT DESTROYS ALL
MICRO-ORGANISMS, WITH THE EXCEPTION OF HIGH NUMBERS OF BACTERIAL SPORES. <A]
(Indiana State Department of Health; 410 IAC 1-5-9.5; filed Jun 30, 2000, 4:10
p.m.: 23 IR 2710)

SECTION 5. 410 IAC 1-5-11.2 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-11.2 "Intermediate level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.2. "INTERMEDIATE LEVEL DISINFECTION" MEANS A PROCESS THAT
INACTIVATES: <A]

[A> (1) MYCOBACTERIUM TUBERCULOSIS; <A]

[A> (2) VEGETATIVE BACTERIA; <A] [*2711]

[A> (3) MOST VIRUSES; AND <A]

[A> (4) MOST FUNGI; <A]
[A> BUT DOES NOT NECESSARILY KILL BACTERIAL SPORES. <A] (Indiana State
Department of Health; 410 IAC 1-5-11.2; filed Jun 30, 2000, 4:10 p.m.: 23 IR
2710)

SECTION 6. 410 IAC 1-5-11.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-11.5 "Operator" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.5. "OPERATOR" MEANS ANY PERSON WHO CONTROLS, OPERATES, MANAGES,
OR OWNS ANY FACILITY. <A] (Indiana State Department of Health; 410 IAC 1-5-11.5;
filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 7. 410 IAC 1-5-24 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-24 Operator training responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 24. An individual or entity that is [D> a tattoo <D] [A> AN <A] operator
shall comply with the following training responsibilities:

(1) 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 [A> AND BODY PIERCERS, <A] anyone
employed by the [D> tattoo parlor <D] [A> FACILITY <A] or anyone acting on
behalf of the [D> tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably
anticipated risk for skin, eye, mucous membrane, or parenteral contact with
blood or OPIM.

(2) Ensure that training on the handling of infectious waste is provided to
all tattoo artists [A> AND BODY PIERCERS, OR <A] anyone employed by the [D>
tattoo parlor <D] [A> FACILITY <A] or anyone acting on behalf of the [D> tattoo
parlor <D] [A> FACILITY <A] who has a reasonably anticipated risk for skin, eye,
mucous membrane, or parenteral contact with blood or OPIM.

(3) Ensure that a record of training described in subdivision (1) 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.

(4) Ensure that a record of training described in subdivision (2) is
maintained.
(Indiana State Department of Health; 410 IAC 1-5-24; filed May 12, 1998, 10:00
a.m.: 21 IR 3817; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 8. 410 IAC 1-5-25 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-25 Operator responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 25. (a) The [D> tattoo <D] operator shall ensure that tattoo artists,
[A> BODY PIERCERS, OR <A] anyone employed by the [D> tattoo parlor <D] [A>
FACILITY <A] or anyone acting on behalf of the [D> tattoo parlor <D] [A>
FACILITY <A] who has a reasonably anticipated risk for skin, eye, mucous
membrane, or parenteral contact with blood [D> is provided <D] [A> HAVE AND USE
<A] 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 [D> tattoo <D] operator shall require tattoo artists [A> AND BODY
PIERCERS, <A] anyone employed by the [D> tattoo parlor, <D] [A> FACILITY, <A] or
anyone acting on behalf of the [D> tattoo parlor, <D] [A> FACILITY <A] 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 section 27 of this rule.

(c) The [D> tattoo <D] operator shall display a description of compliance
with the requirements contained in subsection (d).

(d) The [D> tattoo <D] 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. (Indiana State Department of Health; 410 IAC
1-5-25; filed May 12, 1998, 10:00 a.m.: 21 IR 3817; errata filed Aug 31, 1998,
1:08 p.m.: 22 IR 127; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 9. 410 IAC 1-5-26 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-26 Operator policies

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 26. The [D> tattoo <D] 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:

(1) requires the use of universal precautions when performing tattooing [A>
OR BODY PIERCING <A] and any activity or duty that includes any reasonably
anticipated skin, eye, mucous membrane, or parenteral contact with blood or
OPIM;

(2) requires disinfection or sterilization of contaminated reusable items;

(3) includes the safe handling of infectious waste; and

(4) provides sanctions, including discipline and dismissal, if warranted, for
failure to use universal precautions or handle infectious waste safely, or both.
[*2712]
(Indiana State Department of Health; 410 IAC 1-5-26; filed May 12, 1998, 10:00
a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 10. 410 IAC 1-5-27 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-27 Tattoo artist and body piercer minimum training and certification
requirements

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 27. (a) All tattoo artists, [A> BODY PIERCERS, <A] anyone employed by
the [D> tattoo parlor, <D] [A> FACILITY <A], and anyone acting on behalf of the
[D> tattoo parlor, <D] [A> FACILITY, <A] 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 bloodborne pathogen training session provided by the [D> tattoo <D]
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 [D> accredited <D]
[A> PROVIDED <A] by a health care [D> licensing entity. <D] [A> AGENCY. <A]

(b) All tattoo artists, [A> BODY PIERCERS, <A] anyone employed by the [D>
tattoo parlor, <D] [A> FACILITY, <A] and anyone acting on behalf of the [D>
tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably anticipated risk for
skin, eye, mucous membrane, or parenteral contact with blood or OPIM must be
trained in the [D> tattoo parlor's <D] [A> FACILITY'S <A] policies on the
handling of infectious waste. (Indiana State Department of Health; 410 IAC
1-5-27; filed May 12, 1998, 10:00 a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10
p.m.: 23 IR 2712)

SECTION 11. 410 IAC 1-5-28 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-28 Patron records

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 28. Records of each patron shall be maintained [A> BY THE OPERATOR <A]
for two (2) years. The record shall include the following, [A> BUT NOT BE
LIMITED TO: <A]

(1) Patron's name.

(2) Address.

(3) Age.

(4) Date tattooed [A> OR BODY PIERCED. <A]

(5) Design of the tattoo.

(6) Location of the tattoo [A> OR BODY PIERCING <A] on the patron's body.

(7) The name of the tattoo artist [A> OR BODY PIERCER <A] who performed the
work.

[A> (8) JEWELRY OR OTHER DECORATION USED. <A]
(Indiana State Department of Health; 410 IAC 1-5-28; filed May 12, 1998, 10:00
a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 12. 410 IAC 1-5-29 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-29 Illness

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 29. Tattoo artists [A> OR BODY PIERCERS <A] who are experiencing
symptoms of acute disease [D> which <D] [A> THAT <A] include, but are not
limited to:

(1) diarrhea;

(2) vomiting;

(3) fever;

(4) rash;

(5) productive cough;

(6) jaundice; or

(7) draining (or open) skin infections, boils, impetigo, or scabies;
shall refrain from providing tattoos [A> OR BODY PIERCING. <A] (Indiana State
Department of Health; 410 IAC 1-5-29; filed May 12, 1998, 10:00 a.m.: 21 IR
3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 13. 410 IAC 1-5-30 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-30 Handwashing

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 30. (a) Handwashing facilities shall be readily accessible where
tattooing [A> OR BODY PIERCING, OR BOTH, <A] is provided.

(b) Hands shall be washed with soap and running water immediately before
putting on gloves and after removal of gloves or other personal protective
equipment.

(c) Only single-use towels shall be used. (Indiana State Department of
Health; 410 IAC 1-5-30; filed May 12, 1998, 10:00 a.m.: 21 IR 3818; filed Jun
30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 14. 410 IAC 1-5-31 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-31 Personal protective equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 31. Appropriate personal protective equipment shall be worn as follows:

(1) A clean protective clothing layer shall be worn whenever there is a
reasonably anticipated risk of contamination of clothing by blood or OPIM.
[*2713]

(2) Masks in combination with eye protection devices, such as goggles or
glasses with solid side shield, or chin length face shield, shall be worn
whenever splashes, spray, splatter, or droplets of blood or OPIM may be
generated and eye, nose, or mouth contamination can be reasonably anticipated.

(3) Disposable gloves, [A> SUCH AS SURGICAL OR EXAMINATION TYPE, <A] shall be
worn during the tattooing [A> OR BODY PIERCING <A] process. Gloves shall be
changed and properly disposed of each time there is an interruption in the
application of the tattoo [A> OR BODY PIERCING, <A] when the gloves become torn
or punctured, or whenever the ability to function as a barrier is compromised.
Disposable gloves shall not be reused.

(4) Gloves shall be worn when decontaminating environmental surfaces and
equipment.
(Indiana State Department of Health; 410 IAC 1-5-31; filed May 12, 1998, 10:00a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 15. 410 IAC 1-5-34 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-34 Reusable equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 34. (a) Heating procedures capable of sterilization must be used when
heat stable, nondisposable equipment is sterilized.

(b) Equipment that is to be sterilized shall be put in single-use packaging.

(c) Records must be maintained to document the following:

(1) Duration of sterilization technique.

(2) Determination of effective sterility, such as use of a biological
indicator, is performed monthly.

(3) Equipment is maintained as recommended by the owner's manual, and proof
is available that the owner's manual recommendations are reviewed monthly.

(d) Reusable contaminated equipment shall not be stored or processed in a
manner that requires any person to reach by hand into the containers where these
sharp items have been placed.

(e) Reusable contaminated equipment shall be:

(1) placed in puncture-resistant containers;

(2) labeled with the biohazard symbol;

(3) leakproof on both sides and bottom; and

(4) stored in a manner that does not require reaching by hand into the
container where the equipment is stored until cleaning prior to sterilization.

(f) Reusable contaminated equipment shall be effectively cleaned prior to
sterilization [A> OR DISINFECTION. <A]

(g) [A> ANY <A] reusable [D> tubes <D] [A> CONTAMINATED EQUIPMENT THAT COMES
INTO DIRECT CONTACT, OR IS LIKELY TO COME INTO DIRECT CONTACT, WITH AN
INSTRUMENT THAT PENETRATES THE SKIN OTHER THAN A PIERCING GUN <A] shall be
effectively cleaned and sterilized [D> before reuse. <D] [A> PRIOR TO USE. <A]

[A> (H) ALL STERILIZED EQUIPMENT SHALL NOT BE REMOVED FROM WRAPPERS OR
STERILIZER PACKAGING UNTIL IMMEDIATELY PRIOR TO USE. <A]

[A> (I) ANY REUSABLE EQUIPMENT THAT COMES INTO CONTACT WITH MUCUS <A] [sic.,
mucous] [A> MEMBRANES SHALL BE EFFECTIVELY CLEANED AND STERILIZED PRIOR TO USE.
<A]

[A> (J) PIERCING GUNS SHALL BE CLEANED AND UNDERGO, AT A MINIMUM, HIGH LEVEL
DISINFECTION AFTER EACH USE AND WHENEVER VISIBLY CONTAMINATED. <A]

[A> (K) ALL REUSABLE EQUIPMENT THAT HAS CONTACT WITH INTACT SKIN SHALL
UNDERGO, AT A MINIMUM, INTERMEDIATE LEVEL DISINFECTION. <A]

[A> (L) ALL OTHER EQUIPMENT USED DURING THE TATTOOING OR BODY PIERCING
PROCEDURE SHALL BE SINGLE USE, INCLUDING CORKS. <A]

[A> (M) ALL BODY PIERCERS AND TATTOO ARTISTS SHALL COMPLY WITH ALL OTHER
EQUIPMENT MANUFACTURER'S RECOMMENDATIONS. <A] (Indiana State Department of
Health; 410 IAC 1-5-34; filed May 12, 1998, 10:00 a.m.: 21 IR 3819; filed Jun
30, 2000, 4:10 p.m.: 23 IR 2713)

SECTION 16. 410 IAC 1-5-35 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-35 Dyes or pigments or other objects placed under the skin

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 35. (a) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments for the tattooing
of human skin.

(b) In preparing dyes or pigments to be used by tattoo artists, only
nontoxic, sterile materials shall be used. Single-use or individual portions of
dyes or pigments in clean, single-use containers shall be used for each patron.

(c) After tattooing, the remaining unused dye or pigment in single-use or
individual containers shall be discarded along with the container.

[A> (D) ANY OBJECT PLACED UNDER THE SKIN SHALL BE STERILE. <A] (Indiana State
Department of Health; 410 IAC 1-5-35; filed May 12, 1998, 10:00 a.m.: 21 IR
3819; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2713)

SECTION 17. 410 IAC 1-5-36 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-36 Work environment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3 [*2714]

Sec. 36. (a) No tattooing [A> OR BODY PIERCING <A] shall be conducted in any
room used as living quarters or in any room that opens directly into living or
sleeping quarters.

(b) Live animals shall be excluded from areas where tattooing [A> OR BODY
PIERCING <A] is being conducted. This exclusion does not apply to the following:

(1) Patrol dogs accompanying security or police officers.

(2) Guide dogs accompanying the following:

(A) Blind persons.

(B) Partially blind persons.

(C) Physically disabled persons.

(D) Guide dog trainers.

(E) Persons with impaired hearing.

(c) Eating, drinking, smoking, [D> or <D] applying cosmetics, [A> OR HANDLING
CONTACT LENSES <A] shall not be allowed in work areas where there is a
likelihood of exposure to blood or OPIM.

(d) Food and drink shall not be kept in areas where there is a reasonably
anticipated risk of exposure to blood or OPIM.

(e) All equipment and environmental surfaces shall be cleaned and disinfected
after contact with blood or OPIM.

(f) Environmental surfaces and equipment not requiring sterilization that
have been contaminated by blood shall be cleaned and disinfected.

(g) All work surfaces shall be:

(1) nonabsorbent;

(2) easily cleanable;

(3) smooth; and

(4) free of:

(A) breaks;

(B) open seams;

(C) cracks;

(D) chips;

(E) pits; and

(F) similar imperfections.

(h) Disinfectant solutions shall be:

(1) a hospital grade, tuberculocidal Environmental Protection Agency (EPA)
registered disinfectant; or

(2) sodium hypochlorite, five-tenths percent (0.5%) concentration, by volume
(common household bleach in ten percent (10%) concentration in water); the
solution shall be dated and shall not be used if it is more than twenty-four
(24) hours old.
(Indiana State Department of Health; 410 IAC 1-5-36; filed May 12, 1998, 10:00
a.m.: 21 IR 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 IR 127; filed Jun 30,
2000, 4:10 p.m.: 23 IR 2713)

SECTION 18. 410 IAC 1-5-38 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-38 Treatment and transport of infectious waste

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 38. (a) All [D> tattoo <D] operators shall ensure that infectious waste
is either treated on-site in accordance with this rule or transported off-site
for treatment in accordance with this rule.

(b) A treatment is effective if it reduces the pathogenic qualities of
infectious waste for safe handling, is designed for the specific waste involved,
and is carried out in a manner consistent with this rule. Effective treatment
may include:

(1) incineration in an incinerator designed to accommodate infectious waste;

(2) steam sterilization;

(3) chemical disinfection under circumstances where safe handling of the
waste is assured;

(4) thermal inactivation;

(5) irradiation; or

(6) discharge in a sanitary sewer or septic system that is properly installed
and operating in accordance with state and local laws.

(c) All persons subject to this rule shall:

(1) transport infectious waste in a manner that reasonably protects waste
haulers and the public from contracting a dangerous communicable disease; and

(2) effectively treat infectious waste in accordance with this rule before it
is compacted.

(d) The [D> tattoo <D] operator shall ensure that infectious waste,
effectively treated or not is transported off-site in compliance with 410 IAC
1-3. (Indiana State Department of Health; 410 IAC 1-5-38; filed May 12, 1998,
10:00 a.m.: 21 IR 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 IR 127; filed
Jun 30, 2000, 4:10 p.m.: 23 IR 2714)

SECTION 19. THE FOLLOWING ARE REPEALED: 410 IAC 1-5-21; 410 IAC 1-5-22.

LSA Document # 99-157(F)
Notice of Intent Published: 22 IR 3946
Proposed Rule Published: March 1, 2000; 23 IR 1480
Hearing Held: March 24, 2000
Approved by Attorney General: June 12, 2000
Approved by Governor: June 29, 2000
Filed with Secretary of State: June 30, 2000, 4:10 p.m.
Incorporated Documents Filed with Secretary of State: None






ISSUE: Volume 23, Number 6

ISSUE DATE: March 1, 2000

SUBJECT: PROPOSED RULES

AGENCY: INDIANA STATE DEPARTMENT OF HEALTH

23 Ind. Reg. 1480

INDIANA ADMINISTRATIVE CODE CITATION: 410 IAC 1-5

[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]


------------------------------------------------------------------------------


TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

Proposed Rule

LSA Document # 99-157

DIGEST

Amends 410 IAC 1-5 to include requirements for the sanitary operation of body
piercing facilities. Effective 30 days after filing with the secretary of state.

410 IAC 1-5-3.5
410 IAC 1-5-3.6
410 IAC 1-5-7.5
410 IAC 1-5-9.5
410 IAC 1-5-11.2
410 IAC 1-5-11.5
410 IAC 1-5-21
410 IAC 1-5-22
410 IAC 1-5-24
410 IAC 1-5-25
410 IAC 1-5-26
410 IAC 1-5-27
410 IAC 1-5-28
410 IAC 1-5-29
410 IAC 1-5-30
410 IAC 1-5-31
410 IAC 1-5-34
410 IAC 1-5-35
410 IAC 1-5-36
410 IAC 1-5-38

SECTION 1. 410 IAC 1-5-3.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.5 "Body piercer" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.5. "BODY PIERCER" MEANS ANY PERSON WHO PERFORMS BODY PIERCING ON
AN INDIVIDUAL. <A] (Indiana State Department of Health; 410 IAC 1-5-3.5)

SECTION 2. 410 IAC 1-5-3.6 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.6 "Body piercing" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.6. "BODY PIERCING" MEANS THE PERFORATION OF ANY HUMAN BODY PART
OTHER THAN EAR LOBE FOR THE PURPOSE OF INSERTING JEWELRY OR OTHER DECORATION OR
FOR SOME OTHER NONMEDICAL PURPOSE. <A] (Indiana State Department of Health; 410
IAC 1-5-3.6)

SECTION 3. 410 IAC 1-5-7.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-7.5 "Facility" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 7.5. "FACILITY" MEANS A TATTOO PARLOR OR A BODY PIERCING FACILITY,
OR BOTH, WHICH IS ANY 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. <A] (Indiana State Department of Health; 410 IAC 1-5-7.5)

SECTION 4. 410 IAC 1-5-9.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-9.5 "High level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 9.5. "HIGH LEVEL DISINFECTION" MEANS A PROCESS THAT DESTROYS ALL
MICRO-ORGANISMS, WITH THE EXCEPTION OF HIGH NUMBERS OF BACTERIAL SPORES. <A]
(Indiana State Department of Health; 410 IAC 1-5-9.5)

SECTION 5. 410 IAC 1-5-11.2 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-11.2 "Intermediate level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.2. "INTERMEDIATE LEVEL DISINFECTION" MEANS A PROCESS THAT
INACTIVATES: <A]

[A> (1) MYCOBACTERIUM TUBERCULOSIS; <A]

[A> (2) VEGETATIVE BACTERIA; <A]

[A> (3) MOST VIRUSES; AND <A]

[A> (4) MOST FUNGI; <A]
[A> BUT DOES NOT NECESSARILY KILL BACTERIAL SPORES. <A] (Indiana State
Department of Health; 410 IAC 1-5-11.2)

SECTION 6. 410 IAC 1-5-11.5 IS ADDED TO READ AS FOLLOWS: [*1481]

410 IAC 1-5-11.5 "Operator" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.5. "OPERATOR" MEANS ANY PERSON WHO CONTROLS, OPERATES, MANAGES,
OR OWNS ANY TATTOO PARLOR OR BODY PIERCING FACILITY. <A] (Indiana State
Department of Health; 410 IAC 1-5-11.5)

SECTION 7. 410 IAC 1-5-24 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-24 Operator training responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 24. An individual or entity that is [D> a tattoo <D] [A> AN <A] operator
shall comply with the following training responsibilities:

(1) 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 [A> AND BODY PIERCERS, <A] anyone
employed by the [D> tattoo parlor <D] [A> FACILITY <A] or anyone acting on
behalf of the [D> tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably
anticipated risk for skin, eye, mucous membrane, or parenteral contact with
blood or OPIM.

(2) Ensure that training on the handling of infectious waste is provided to
all tattoo artists [A> AND BODY PIERCERS, OR <A] anyone employed by the [D>
tattoo parlor <D] [A> FACILITY <A] or anyone acting on behalf of the [D> tattoo
parlor <D] [A> FACILITY <A] who has a reasonably anticipated risk for skin, eye,
mucous membrane, or parenteral contact with blood or OPIM.

(3) Ensure that a record of training described in subdivision (1) 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.

(4) Ensure that a record of training described in subdivision (2) is
maintained.
(Indiana State Department of Health; 410 IAC 1-5-24; filed May 12, 1998, 10:00
a.m.: 21 IR 3817)

SECTION 8. 410 IAC 1-5-25 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-25 Operator responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 25. (a) The [D> tattoo <D] operator shall ensure that tattoo artists,
[A> BODY PIERCERS, OR <A] anyone employed by the [D> tattoo parlor <D] [A>
FACILITY <A] or anyone acting on behalf of the [D> tattoo parlor <D] [A>
FACILITY <A] who has a reasonably anticipated risk for skin, eye, mucous
membrane, or parenteral contact with blood [D> is provided <D] [A> HAVE AND USE
<A] 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 [D> tattoo <D] operator shall require tattoo artists [A> AND BODY
PIERCERS, <A] anyone employed by the [D> tattoo parlor, <D] [A> FACILITY, <A] or
anyone acting on behalf of the [D> tattoo parlor <D] [A> FACILITY <A] 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 section 27 of this rule.

(c) The [D> tattoo <D] operator shall display a description of compliance
with the requirements contained in subsection (d).

(d) The [D> tattoo <D] 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. (Indiana State Department of Health; 410 IAC
1-5-25; filed May 12, 1998, 10:00 a.m.: 21 IR 3817; errata filed Aug 31, 1998,
1:08 p.m.: 22 IR 127)

SECTION 9. 410 IAC 1-5-26 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-26 Operator policies

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 26. The [D> tattoo <D] 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:

(1) requires the use of universal precautions when performing tattooing [A>
OR BODY PIERCING <A] and any activity or duty that includes any reasonably
anticipated skin, eye, mucous membrane, or parenteral contact with blood or
OPIM;

(2) requires disinfection or sterilization of contaminated reusable items;

(3) includes the safe handling of infectious waste; and

(4) provides sanctions, including discipline and dismissal, if warranted, for
failure to use universal precautions or handle infectious waste safely, or both.
(Indiana State Department of Health; 410 IAC 1-5-26; filed May 12, 1998, 10:00
a.m.: 21 IR 3818)

SECTION 10. 410 IAC 1-5-27 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-27 Tattoo artist and body piercer minimum training and certification
requirements

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 27. (a) All tattoo artists, [A> BODY PIERCERS, <A] anyone employed
[*1482] by the [D> tattoo parlor, <D] [A> FACILITY <A], and anyone acting on
behalf of the [D> tattoo parlor, <D] [A> FACILITY, <A] 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 bloodborne pathogen training session provided by the [D> tattoo <D]
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, [A> BODY PIERCERS, <A] anyone employed by the [D>
tattoo parlor, <D] [A> FACILITY, <A] and anyone acting on behalf of the [D>
tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably anticipated risk for
skin, eye, mucous membrane, or parenteral contact with blood or OPIM must be
trained in the [D> tattoo parlor's <D] [A> FACILITY'S <A] policies on the
handling of infectious waste. (Indiana State Department of Health; 410 IAC
1-5-27; filed May 12, 1998, 10:00 a.m.: 21 IR 3818)

SECTION 11. 410 IAC 1-5-28 IS AMENDED TO READ AS FOLLOWS:


410 IAC 1-5-28 Patron records

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 28. Records of each patron shall be maintained [A> BY THE OPERATOR <A]
for two (2) years. The record shall include, [A> BUT NOT BE LIMITED TO, <A] the
following:

(1) Patron's name.

(2) Address.

(3) Age.

(4) Date tattooed [A> OR BODY PIERCED. <A]

(5) Design of the tattoo.

(6) Location of the tattoo [A> OR BODY PIERCING <A] on the patron's body.

(7) The name of the tattoo artist [A> OR BODY PIERCER <A] who performed the
work.

[A> (8) JEWELRY OR OTHER DECORATION USED. <A]
(Indiana State Department of Health; 410 IAC 1-5-28; filed May 12, 1998, 10:00
a.m.: 21 IR 3818)

SECTION 12. 410 IAC 1-5-29 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-29 Illness

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 29. Tattoo artists [A> OR BODY PIERCERS <A] who are experiencing
symptoms of acute disease [D> which <D] [A> THAT <A] include, but are not
limited to:

(1) diarrhea;

(2) vomiting;

(3) fever;

(4) rash;

(5) productive cough;

(6) jaundice; or

(7) draining (or open) skin infections, boils, impetigo, or scabies;
shall refrain from providing tattoos [A> OR BODY PIERCING. <A] (Indiana State
Department of Health; 410 IAC 1-5-29; filed May 12, 1998, 10:00 a.m.: 21 IR
3818)

SECTION 13. 410 IAC 1-5-30 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-30 Handwashing

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 30. (a) Handwashing facilities shall be readily accessible where
tattooing [A> OR BODY PIERCING, OR BOTH, <A] is provided.

(b) Hands shall be washed with soap and running water immediately before
putting on gloves and after removal of gloves or other personal protective
equipment.

(c) Only single-use towels shall be used. (Indiana State Department of
Health; 410 IAC 1-5-30; filed May 12, 1998, 10:00 a.m.: 21 IR 3818)

SECTION 14. 410 IAC 1-5-31 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-31 Personal protective equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 31. Appropriate personal protective equipment shall be worn as follows:

(1) A clean protective clothing layer shall be worn whenever there is a
reasonably anticipated risk of contamination of clothing by blood or OPIM.

(2) Masks in combination with eye protection devices, such as goggles or
glasses with solid side shield, or chin length face shield, shall be worn
whenever splashes, spray, splatter, or droplets of blood or OPIM may be
generated and eye, nose, or mouth contamination can be reasonably anticipated.

(3) Disposable gloves, [A> SUCH AS SURGICAL OR EXAMINATION TYPE, <A] shall be
worn during the tattooing [A> OR BODY PIERCING <A] process. Gloves shall be
changed and properly disposed of each time there is an interruption in the
application of the tattoo [A> OR BODY PIERCING, <A] when the gloves become torn
or punctured, or whenever the ability to function as a barrier is compromised.
Disposable gloves shall not be reused.

(4) Gloves shall be worn when decontaminating environmental surfaces and
equipment.
(Indiana State Department of Health; 410 IAC 1-5-31; filed May 12, 1998, 10:00
a.m.: 21 IR 3818) [*1483]

SECTION 15. 410 IAC 1-5-34 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-34 Reusable equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 34. (a) Heating procedures capable of sterilization must be used when
heat stable, nondisposable equipment is sterilized.

(b) Equipment that is to be sterilized shall be put in single-use packaging.

(c) Records must be maintained to document the following:

(1) Duration of sterilization technique.

(2) Determination of effective sterility, such as use of a biological
indicator, is performed monthly.

(3) Equipment is maintained as recommended by the owner's manual and proof is
available that the owner's manual recommendations are reviewed monthly.

(d) Reusable contaminated equipment shall not be stored or processed in a
manner that requires any person to reach by hand into the containers where these
sharp items have been placed.

(e) Reusable contaminated equipment shall be:

(1) placed in puncture-resistant containers;

(2) labeled with the biohazard symbol;

(3) leakproof on both sides and bottom; and

(4) stored in a manner that does not require reaching by hand into the
container where the equipment is stored until cleaning prior to sterilization.

(f) Reusable contaminated equipment shall be effectively cleaned prior to
sterilization [A> OR DISINFECTION. <A]

(g) [D> Reusable tubes shall be effectively cleaned and sterilized before
reuse. <D] [A> ANY REUSABLE CONTAMINATED EQUIPMENT THAT COMES INTO DIRECT
CONTACT WITH AN INSTRUMENT THAT PENETRATES THE SKIN OTHER THAN A PIERCING GUN
SHALL BE STERILIZED PRIOR TO USE. <A]

[A> (H) ALL STERILIZED EQUIPMENT SHALL NOT BE REMOVED FROM WRAPPERS OR
STERILIZER PACKAGING UNTIL IMMEDIATELY PRIOR TO USE. <A]

[A> (I) ANY REUSABLE EQUIPMENT THAT COMES INTO CONTACT WITH MUCUS MEMBRANES
MUST UNDERGO, AT A MINIMUM, HIGH LEVEL DISINFECTION. <A]

[A> (J) PIERCING GUNS SHALL BE CLEANED AND UNDERGO, AT A MINIMUM, HIGH LEVEL
DISINFECTION. <A]

[A> (K) ALL REUSABLE CONTAMINATED EQUIPMENT THAT COMES INTO DIRECT CONTACT
WITH AN INSTRUMENT THAT PENETRATES THE SKIN OTHER THAN A PIERCING GUN SHALL BE
EFFECTIVELY CLEANED AND STERILIZED PRIOR TO USE. <A]

[A> (L) ALL REUSABLE EQUIPMENT THAT HAS CONTACT WITH INTACT SKIN SHALL
UNDERGO, AT A MINIMUM, INTERMEDIATE LEVEL DISINFECTION. <A]

[A> (M) ALL OTHER EQUIPMENT USED DURING THE TATTOOING OR BODY PIERCING
PROCEDURE SHALL BE SINGLE USE. <A]

[A> (N) ALL BODY PIERCERS AND TATTOO ARTISTS SHALL COMPLY WITH ALL OTHER
EQUIPMENT MANUFACTURER'S RECOMMENDATIONS. <A]
(Indiana State Department of Health; 410 IAC 1-5-34; filed May 12, 1998, 10:00
a.m.: 21 IR 3819)

SECTION 16. 410 IAC 1-5-35 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-35 Dyes or pigments or other objects placed under the skin

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 35. (a) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments for the tattooing
of human skin.

(b) In preparing dyes or pigments to be used by tattoo artists, only
nontoxic, sterile materials shall be used. Single-use or individual portions of
dyes or pigments in clean, single-use containers shall be used for each patron.

(c) After tattooing, the remaining unused dye or pigment in single use or
individual containers shall be discarded along with the container.

[A> (D) ANY OBJECT PLACED UNDER THE SKIN SHALL BE STERILE. <A]
(Indiana State Department of Health; 410 IAC 1-5-35; filed May 12, 1998, 10:00
a.m.: 21 IR 3819)

SECTION 17. 410 IAC 1-5-36 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-36 Work environment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 36. (a) No tattooing [A> OR BODY PIERCING <A] shall be conducted in any
room used as living quarters or in any room that opens directly into living or
sleeping quarters.

(b) Live animals shall be excluded from areas where tattooing [A> OR BODY
PIERCING <A] is being conducted. This exclusion does not apply to the following:

(1) Patrol dogs accompanying security or police officers.

(2) Guide dogs accompanying the following:

(A) Blind persons.

(B) Partially blind persons.

(C) Physically disabled persons.

(D) Guide dog trainers.

(E) Persons with impaired hearing. [*1484]

(c) Eating, drinking, smoking, or applying cosmetics shall not be allowed in
work areas where there is a likelihood of exposure to blood or OPIM.

(d) Food and drink shall not be kept in areas where there is a reasonably
anticipated risk of exposure to blood or OPIM.

(e) All equipment and environmental surfaces shall be cleaned and disinfected
after contact with blood or OPIM.

(f) Environmental surfaces and equipment not requiring sterilization that
have been contaminated by blood shall be cleaned and disinfected.

(g) All work surfaces shall be:

(1) nonabsorbent;

(2) easily cleanable;

(3) smooth; and

(4) free of:

(A) breaks;

(B) open seams;

(C) cracks;

(D) chips;

(E) pits; and

(F) similar imperfections.

(h) Disinfectant solutions shall be:

(1) a hospital grade, tuberculocidal Environmental Protection Agency (EPA)
registered disinfectant; or

(2) sodium hypochlorite, five-tenths percent (0.5%) concentration, by volume
(common household bleach in ten percent (10%) concentration in water); the
solution shall be dated and shall not be used if it is more than twenty-four
(24) hours old.
(Indiana State Department of Health; 410 IAC 1-5-36; filed May 12, 1998, 10:00
a.m.: 21 IR 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 IR 127)

SECTION 18. 410 IAC 1-5-38 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-38 Treatment and transport of infectious waste

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 38. (a) All [D> tattoo <D] operators shall ensure that infectious waste
is either treated on-site in accordance with this rule or transported off-site
for treatment in accordance with this rule.

(b) A treatment is effective if it reduces the pathogenic qualities of
infectious waste for safe handling, is designed for the specific waste involved,
and is carried out in a manner consistent with this rule. Effective treatment
may include:

(1) incineration in an incinerator designed to accommodate infectious waste;

(2) steam sterilization;

(3) chemical disinfection under circumstances where safe handling of the
waste is assured;

(4) thermal inactivation;

(5) irradiation; or

(6) discharge in a sanitary sewer or septic system that is properly installed
and operating in accordance with state and local laws.

(c) All persons subject to this rule shall:

(1) transport infectious waste in a manner that reasonably protects waste
haulers and the public from contracting a dangerous communicable disease; and

(2) effectively treat infectious waste in accordance with this rule before it
is compacted.

(d) The [D> tattoo <D] operator shall ensure that infectious waste,
effectively treated or not is transported off-site in compliance with 410 IAC
1-3. (Indiana State Department of Health; 410 IAC 1-5-38; filed May 12, 1998,
10:00 a.m.: 21 IR 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 IR 127)

SECTION 19. THE FOLLOWING ARE REPEALED: 410 IAC 1-5-21; 410 IAC 1-5-22.

Notice of Public Hearing

Under IC 4-22-2-24, notice is hereby given that on March 24, 2000 at 2:00
p.m., at the Indiana State Department of Health, Rice Auditorium, 2 North
Meridian Street, Indianapolis, Indiana the Indiana State Department of Health
will hold a public hearing on proposed amendments to include requirements for
the sanitary operation of body piercing facilities. Copies of these rules are
now on file at the Indiana State Department of Health, Public Health Services
Commission, 2 North Meridian Street, Sixth Floor and Legislative Services
Agency, Indiana Government Center-South, 302 West Washington Street, Room E011,
PAGE 12
23 Ind. Reg. 1480, *1484

Indianapolis, Indiana and are open for public inspection.

Richard D. Feldman, M.D.

State Health Commissioner

Indiana State Department of Health






INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS

410 IAC 1-5-36

410 IAC 1-5-36 Work environment

Sec. 36. (a) No tattooing or body piercing shall be conducted in any room
used as living quarters or in any room that opens directly into living or
sleeping quarters.

(b) Live animals shall be excluded from areas where tattooing or body
piercing is being conducted. This exclusion does not apply to the following:

(1) Patrol dogs accompanying security or police officers.

(2) Guide dogs accompanying the following:

(A) Blind persons.

(B) Partially blind persons.

(C) Physically disabled persons.

(D) Guide dog trainers.

(E) Persons with impaired hearing.

(c) Eating, drinking, smoking, applying cosmetics, or handling contact lenses
shall not be allowed in work areas where there is a likelihood of exposure to
blood or OPIM.

(d) Food and drink shall not be kept in areas where there is a reasonably
anticipated risk of exposure to blood or OPIM.

(e) All equipment and environmental surfaces shall be cleaned and disinfected
after contact with blood or OPIM.

(f) Environmental surfaces and equipment not requiring sterilization that
have been contaminated by blood shall be cleaned and disinfected.

(g) All work surfaces shall be:

(1) nonabsorbent;

(2) easily cleanable;

(3) smooth; and

(4) free of:

(A) breaks;

(B) open seams;

(C) cracks;

(D) chips;

(E) pits; and

(F) similar imperfections.

(h) Disinfectant solutions shall be:

(1) a hospital grade, tuberculocidal Environmental Protection Agency (EPA)
registered disinfectant; or

(2) sodium hypochlorite, five-tenths percent (0.5%) concentration, by volume
(common household bleach in ten percent (10%) concentration in water); the
solution shall be dated and shall not be used if it is more than twenty-four
(24) hours old.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-36; filed May 12, 1998, 10:00
a.m.: 21 Ind. Reg. 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 Ind. Reg.
127; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2713

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.





INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS

410 IAC 1-5-31

410 IAC 1-5-31 Personal protective equipment

Sec. 31. Appropriate personal protective equipment shall be worn as follows:

(1) A clean protective clothing layer shall be worn whenever there is a
reasonably anticipated risk of contamination of clothing by blood or OPIM.

(2) Masks in combination with eye protection devices, such as goggles or glasses
with solid side shield, or chin length face shield, shall be worn whenever
splashes, spray, splatter, or droplets of blood or OPIM may be generated and
eye, nose, or mouth contamination can be reasonably anticipated.

(3) Disposable gloves, such as surgical or examination type, shall be worn
during the tattooing or body piercing process. Gloves shall be changed and
properly disposed of each time there is an interruption in the application of
the tattoo or body piercing, when the gloves become torn or punctured, or
whenever the ability to function as a barrier is compromised. Disposable gloves
shall not be reused.

(4) Gloves shall be worn when decontaminating environmental surfaces and
equipment.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-31; filed May 12, 1998, 10:00
a.m.: 21 Ind. Reg. 3818; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2712

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.







INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS

410 IAC 1-5-34

410 IAC 1-5-34 Reusable equipment

Sec. 34. (a) Heating procedures capable of sterilization must be used when
heat stable, nondisposable equipment is sterilized.

(b) Equipment that is to be sterilized shall be put in single-use packaging.

(c) Records must be maintained to document the following:

(1) Duration of sterilization technique.

(2) Determination of effective sterility, such as use of a biological indicator,
is performed monthly.

(3) Equipment is maintained as recommended by the owner's manual, and proof is
available that the owner's manual recommendations are reviewed monthly.

(d) Reusable contaminated equipment shall not be stored or processed in a
manner that requires any person to reach by hand into the containers where these
sharp items have been placed.

(e) Reusable contaminated equipment shall be:

(1) placed in puncture-resistant containers;

(2) labeled with the biohazard symbol;

(3) leakproof on both sides and bottom; and

(4) stored in a manner that does not require reaching by hand into the container
where the equipment is stored until cleaning prior to sterilization.

(f) Reusable contaminated equipment shall be effectively cleaned prior to
sterilization or disinfection.

(g) Any reusable contaminated equipment that comes into direct contact, or is
likely to come into direct contact, with an instrument that penetrates the skin
other than a piercing gun shall be effectively cleaned and sterilized prior to
use.

(h) All sterilized equipment shall not be removed from wrappers or sterilizer
packaging until immediately prior to use.

(i) Any reusable equipment that comes into contact with mucus [sic.,mucous]
membranes shall be effectively cleaned and sterilized prior to use.

(j) Piercing guns shall be cleaned and undergo, at a minimum, high level
disinfection after each use and whenever visibly contaminated.

(k) All reusable equipment that has contact with intact skin shall undergo,
at a minimum, intermediate level disinfection.

(l) All other equipment used during the tattooing or body piercing procedure
shall be single use, including corks.

(m) All body piercers and tattoo artists shallcomply with all other equipment
manufacturer's recommendations.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-34; filed May 12, 1998, 10:00
a.m.: 21 Ind. Reg. 3819; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2713

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.







INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS

410 IAC 1-5-30

410 IAC 1-5-30 Handwashing

Sec. 30. (a) Handwashing facilities shall be readily accessible where
tattooing or body piercing, or both, is provided.

(b) Hands shall be washed with soap and running water immediately before
putting on gloves and after removal of gloves or other personal protective
equipment.

(c) Only single-use towels shall be used.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-30; filed May 12, 1998, 10:00
a.m.: 21 Ind. Reg. 3818; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2712

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.





INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS

410 IAC 1-5-26

410 IAC 1-5-26 Operator policies

Sec. 26. 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:

(1) 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;

(2) requires disinfection or sterilization of contaminated reusable items;

(3) includes the safe handling of infectious waste; and

(4) provides sanctions, including discipline and dismissal, if warranted, for
failure to use universal precautions or handle infectious waste safely, or both.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-26; filed May 12, 1998, 10:00
a.m.: 21 Ind. Reg. 3818; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2711

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.






INDIANA ADMINISTRATIVE CODE; Copyright (c) 2002
State of Indiana and West Group

*** THIS DOCUMENT IS CURRENT THROUGH 25 IR 8, AND INCLUDES ALL SECTIONS
OFFICIALLY FILED UP TO 4:45 P.M., APRIL 10, 2002 ***

TITLE 410. INDIANA STATE DEPARTMENT OF HEALTH

ARTICLE 1. COMMUNICABLE DISEASE CONTROL :<ISL>IAC410--1.

RULE 5. SANITARY OPERATION OF TATTOO PARLORS

410 IAC 1-5-35

410 IAC 1-5-35 Dyes or pigments or other objects placed under the skin

Sec. 35. (a) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments for the tattooing
of human skin.

(b) In preparing dyes or pigments to be used by tattoo artists, only
nontoxic, sterile materials shall be used. Single-use or individual portions of
dyes or pigments in clean, single-use containers shall be used for each patron.

(c) After tattooing, the remaining unused dye or pigment in single-use or
individual containers shall be discarded along with the container.

(d) Any object placed under the skin shall be sterile.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-35; filed May 12, 1998, 10:00
a.m.: 21 Ind. Reg. 3819; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2713

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health is
changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC 1-5-37;
410 IAC 1-5-38.







410 IAC 1-5-35 Dyes or pigments or other objects placed under the skin

Sec. 35. (a) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments for the
tattooing of human skin.

(b) In preparing dyes or pigments to be used by tattoo artists, only
nontoxic, sterile materials shall be used. Single-use or individual portions
of dyes or pigments in clean, single-use containers shall be used for each
patron.

(c) After tattooing, the remaining unused dye or pigment in single-use or
individual containers shall be discarded along with the container.

(d) Any object placed under the skin shall be sterile.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-35; filed May 12, 1998,
10:00 a.m.: 21 Ind. Reg. 3819; filed Jun 30, 2000, 4:10 p.m.: 23 Ind. Reg. 2713

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health
is changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC
1-5-37;
410 IAC 1-5-38.





-
DIGEST

Amends 410 IAC 1-5 to include requirements for the sanitary operation of
body
piercing facilities. Effective 30 days after filing with the secretary of
state.

410 IAC 1-5-3.5
410 IAC 1-5-3.6
410 IAC 1-5-7.5
410 IAC 1-5-9.5
410 IAC 1-5-11.2
410 IAC 1-5-11.5
410 IAC 1-5-21
410 IAC 1-5-22
410 IAC 1-5-24
410 IAC 1-5-25
410 IAC 1-5-26
410 IAC 1-5-27
410 IAC 1-5-28
410 IAC 1-5-29
410 IAC 1-5-30
410 IAC 1-5-31
410 IAC 1-5-34
410 IAC 1-5-35
410 IAC 1-5-36
410 IAC 1-5-38




SECTION 1. 410 IAC 1-5-3.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.5 "Body piercer" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.5. "BODY PIERCER" MEANS ANY PERSON WHO PERFORMS BODY PIERCING
ON AN INDIVIDUAL. <A] (Indiana State Department of Health; 410 IAC 1-5-3.5)

SECTION 2. 410 IAC 1-5-3.6 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.6 "Body piercing" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.6. "BODY PIERCING" MEANS THE PERFORATION OF ANY HUMAN BODY
PART OTHER THAN EAR LOBE FOR THE PURPOSE OF INSERTING JEWELRY OR OTHER DECORATION
OR FOR SOME OTHER NONMEDICAL PURPOSE. <A] (Indiana State Department of Health;
410 IAC 1-5-3.6)

SECTION 3. 410 IAC 1-5-7.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-7.5 "Facility" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 7.5. "FACILITY" MEANS A TATTOO PARLOR OR A BODY PIERCING
FACILITY, OR BOTH, WHICH IS ANY 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. <A] (Indiana State Department of Health; 410 IAC 1-5-7.5)

SECTION 4. 410 IAC 1-5-9.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-9.5 "High level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 9.5. "HIGH LEVEL DISINFECTION" MEANS A PROCESS THAT DESTROYS ALL
MICRO-ORGANISMS, WITH THE EXCEPTION OF HIGH NUMBERS OF BACTERIAL SPORES. <A]
(Indiana State Department of Health; 410 IAC 1-5-9.5)

SECTION 5. 410 IAC 1-5-11.2 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-11.2 "Intermediate level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.2. "INTERMEDIATE LEVEL DISINFECTION" MEANS A PROCESS THAT
INACTIVATES: <A]

[A> (1) MYCOBACTERIUM TUBERCULOSIS; <A]

[A> (2) VEGETATIVE BACTERIA; <A]

[A> (3) MOST VIRUSES; AND <A]

[A> (4) MOST FUNGI; <A]
[A> BUT DOES NOT NECESSARILY KILL BACTERIAL SPORES. <A] (Indiana State
Department of Health; 410 IAC 1-5-11.2)

SECTION 6. 410 IAC 1-5-11.5 IS ADDED TO READ AS FOLLOWS: [*1481]

410 IAC 1-5-11.5 "Operator" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.5. "OPERATOR" MEANS ANY PERSON WHO CONTROLS, OPERATES,
MANAGES, OR OWNS ANY TATTOO PARLOR OR BODY PIERCING FACILITY. <A] (Indiana State
Department of Health; 410 IAC 1-5-11.5)

SECTION 7. 410 IAC 1-5-24 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-24 Operator training responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 24. An individual or entity that is [D> a tattoo <D] [A> AN <A]
operator shall comply with the following training responsibilities:

(1) 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 [A> AND BODY PIERCERS, <A]
anyone employed by the [D> tattoo parlor <D] [A> FACILITY <A] or anyone acting on
behalf of the [D> tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably
anticipated risk for skin, eye, mucous membrane, or parenteral contact with
blood or OPIM.

(2) Ensure that training on the handling of infectious waste is provided
to all tattoo artists [A> AND BODY PIERCERS, OR <A] anyone employed by the [D>
tattoo parlor <D] [A> FACILITY <A] or anyone acting on behalf of the [D>
tattoo parlor <D] [A> FACILITY <A] who has a reasonably anticipated risk for skin,
eye, mucous membrane, or parenteral contact with blood or OPIM.

(3) Ensure that a record of training described in subdivision (1) 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.

(4) Ensure that a record of training described in subdivision (2) is
maintained. (Indiana State Department of Health; 410 IAC 1-5-24; filed May 12, 1998,
10:00 a.m.: 21 IR 3817)

SECTION 8. 410 IAC 1-5-25 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-25 Operator responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 25. (a) The [D> tattoo <D] operator shall ensure that tattoo
artists, [A> BODY PIERCERS, OR <A] anyone employed by the [D> tattoo parlor <D] [A>
FACILITY <A] or anyone acting on behalf of the [D> tattoo parlor <D] [A>
FACILITY <A] who has a reasonably anticipated risk for skin, eye, mucous
membrane, or parenteral contact with blood [D> is provided <D] [A> HAVE AND
USE <A] 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 [D> tattoo <D] operator shall require tattoo artists [A> AND BODY
PIERCERS, <A] anyone employed by the [D> tattoo parlor, <D] [A> FACILITY,
<A] or anyone acting on behalf of the [D> tattoo parlor <D] [A> FACILITY <A] 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 section 27 of this rule.

(c) The [D> tattoo <D] operator shall display a description of compliance
with the requirements contained in subsection (d).

(d) The [D> tattoo <D] 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. (Indiana State Department of Health; 410
IAC 1-5-25; filed May 12, 1998, 10:00 a.m.: 21 IR 3817; errata filed Aug 31,
1998, 1:08 p.m.: 22 IR 127)

SECTION 9. 410 IAC 1-5-26 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-26 Operator policies

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 26. The [D> tattoo <D] 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:


(1) requires the use of universal precautions when performing tattooing
[A> OR BODY PIERCING <A] and any activity or duty that includes any reasonably
anticipated skin, eye, mucous membrane, or parenteral contact with blood or
OPIM;

(2) requires disinfection or sterilization of contaminated reusable
items;

(3) includes the safe handling of infectious waste; and

(4) provides sanctions, including discipline and dismissal, if warranted,
for failure to use universal precautions or handle infectious waste safely, or
both. (Indiana State Department of Health; 410 IAC 1-5-26; filed May 12, 1998,
10:00 a.m.: 21 IR 3818)

SECTION 10. 410 IAC 1-5-27 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-27 Tattoo artist and body piercer minimum training and certification
requirements

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 27. (a) All tattoo artists, [A> BODY PIERCERS, <A] anyone employed
[*1482] by the [D> tattoo parlor, <D] [A> FACILITY <A], and anyone acting
on behalf of the [D> tattoo parlor, <D] [A> FACILITY, <A] 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 bloodborne pathogen training session provided by the [D> tattoo <D]
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, [A> BODY PIERCERS, <A] anyone employed by the [D>
tattoo parlor, <D] [A> FACILITY, <A] and anyone acting on behalf of the [D>
tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably anticipated risk
for skin, eye, mucous membrane, or parenteral contact with blood or OPIM must be
trained in the [D> tattoo parlor's <D] [A> FACILITY'S <A] policies on the
handling of infectious waste. (Indiana State Department of Health; 410 IAC
1-5-27; filed May 12, 1998, 10:00 a.m.: 21 IR 3818)

SECTION 11. 410 IAC 1-5-28 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-28 Patron records

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2



Affected: IC 16-19-3

Sec. 28. Records of each patron shall be maintained [A> BY THE OPERATOR
<A] for two (2) years. The record shall include, [A> BUT NOT BE LIMITED TO, <A]
the following:

(1) Patron's name.

(2) Address.

(3) Age.

(4) Date tattooed [A> OR BODY PIERCED. <A]

(5) Design of the tattoo.

(6) Location of the tattoo [A> OR BODY PIERCING <A] on the patron's body.

(7) The name of the tattoo artist [A> OR BODY PIERCER <A] who performed
the work.

[A> (8) JEWELRY OR OTHER DECORATION USED. <A]
(Indiana State Department of Health; 410 IAC 1-5-28; filed May 12, 1998,
10:00 a.m.: 21 IR 3818)

SECTION 12. 410 IAC 1-5-29 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-29 Illness

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 29. Tattoo artists [A> OR BODY PIERCERS <A] who are experiencing
symptoms of acute disease [D> which <D] [A> THAT <A] include, but are not
limited to:

(1) diarrhea;

(2) vomiting;

(3) fever;

(4) rash;

(5) productive cough;

(6) jaundice; or

(7) draining (or open) skin infections, boils, impetigo, or scabies;
shall refrain from providing tattoos [A> OR BODY PIERCING. <A] (Indiana
State Department of Health; 410 IAC 1-5-29; filed May 12, 1998, 10:00 a.m.: 21 IR
3818)

SECTION 13. 410 IAC 1-5-30 IS AMENDED TO READ AS FOLLOWS:



410 IAC 1-5-30 Handwashing

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 30. (a) Handwashing facilities shall be readily accessible where
tattooing [A> OR BODY PIERCING, OR BOTH, <A] is provided.

(b) Hands shall be washed with soap and running water immediately before
putting on gloves and after removal of gloves or other personal protective
equipment.

(c) Only single-use towels shall be used. (Indiana State Department of
Health; 410 IAC 1-5-30; filed May 12, 1998, 10:00 a.m.: 21 IR 3818)

SECTION 14. 410 IAC 1-5-31 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-31 Personal protective equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 31. Appropriate personal protective equipment shall be worn as
follows:

(1) A clean protective clothing layer shall be worn whenever there is a
reasonably anticipated risk of contamination of clothing by blood or OPIM.

(2) Masks in combination with eye protection devices, such as goggles or
glasses with solid side shield, or chin length face shield, shall be worn
whenever splashes, spray, splatter, or droplets of blood or OPIM may be
generated and eye, nose, or mouth contamination can be reasonably
anticipated.

(3) Disposable gloves, [A> SUCH AS SURGICAL OR EXAMINATION TYPE, <A]
shall be worn during the tattooing [A> OR BODY PIERCING <A] process. Gloves shall be
changed and properly disposed of each time there is an interruption in the
application of the tattoo [A> OR BODY PIERCING, <A] when the gloves become
torn or punctured, or whenever the ability to function as a barrier is
compromised. Disposable gloves shall not be reused.

(4) Gloves shall be worn when decontaminating environmental surfaces and
equipment. (Indiana State Department of Health; 410 IAC 1-5-31; filed May 12, 1998,
10:00 a.m.: 21 IR 3818) [*1483]

SECTION 15. 410 IAC 1-5-34 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-34 Reusable equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3



Sec. 34. (a) Heating procedures capable of sterilization must be used
when heat stable, nondisposable equipment is sterilized.

(b) Equipment that is to be sterilized shall be put in single-use packaging.

(c) Records must be maintained to document the following:

(1) Duration of sterilization technique.

(2) Determination of effective sterility, such as use of a biological
indicator, is performed monthly.

(3) Equipment is maintained as recommended by the owner's manual and
proof is available that the owner's manual recommendations are reviewed monthly.

(d) Reusable contaminated equipment shall not be stored or processed in a
manner that requires any person to reach by hand into the containers where
these sharp items have been placed.

(e) Reusable contaminated equipment shall be:

(1) placed in puncture-resistant containers;

(2) labeled with the biohazard symbol;

(3) leakproof on both sides and bottom; and

(4) stored in a manner that does not require reaching by hand into the
container where the equipment is stored until cleaning prior to sterilization.

(f) Reusable contaminated equipment shall be effectively cleaned prior to
sterilization [A> OR DISINFECTION. <A]

(g) [D> Reusable tubes shall be effectively cleaned and sterilized before
reuse. <D] [A> ANY REUSABLE CONTAMINATED EQUIPMENT THAT COMES INTO DIRECT
CONTACT WITH AN INSTRUMENT THAT PENETRATES THE SKIN OTHER THAN A PIERCING
GUN SHALL BE STERILIZED PRIOR TO USE. <A]

[A> (H) ALL STERILIZED EQUIPMENT SHALL NOT BE REMOVED FROM WRAPPERS OR
STERILIZER PACKAGING UNTIL IMMEDIATELY PRIOR TO USE. <A]

[A> (I) ANY REUSABLE EQUIPMENT THAT COMES INTO CONTACT WITH MUCUS
MEMBRANES MUST UNDERGO, AT A MINIMUM, HIGH LEVEL DISINFECTION. <A]

[A> (J) PIERCING GUNS SHALL BE CLEANED AND UNDERGO, AT A MINIMUM, HIGH
LEVEL DISINFECTION. <A]

[A> (K) ALL REUSABLE CONTAMINATED EQUIPMENT THAT COMES INTO DIRECT CONTACT
WITH AN INSTRUMENT THAT PENETRATES THE SKIN OTHER THAN A PIERCING GUN SHALL
BE EFFECTIVELY CLEANED AND STERILIZED PRIOR TO USE. <A]

[A> (L) ALL REUSABLE EQUIPMENT THAT HAS CONTACT WITH INTACT SKIN SHALL
UNDERGO, AT A MINIMUM, INTERMEDIATE LEVEL DISINFECTION. <A]

[A> (M) ALL OTHER EQUIPMENT USED DURING THE TATTOOING OR BODY PIERCING
PROCEDURE SHALL BE SINGLE USE. <A]

[A> (N) ALL BODY PIERCERS AND TATTOO ARTISTS SHALL COMPLY WITH ALL OTHER
EQUIPMENT MANUFACTURER'S RECOMMENDATIONS. <A]
(Indiana State Department of Health; 410 IAC 1-5-34; filed May 12, 1998,
10:00 a.m.: 21 IR 3819)

SECTION 16. 410 IAC 1-5-35 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-35 Dyes or pigments or other objects placed under the skin

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 35. (a) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments for the
tattooing of human skin.

(b) In preparing dyes or pigments to be used by tattoo artists, only
nontoxic, sterile materials shall be used. Single-use or individual portions
of dyes or pigments in clean, single-use containers shall be used for each
patron.

(c) After tattooing, the remaining unused dye or pigment in single use or
individual containers shall be discarded along with the container.

[A> (D) ANY OBJECT PLACED UNDER THE SKIN SHALL BE STERILE. <A]
(Indiana State Department of Health; 410 IAC 1-5-35; filed May 12, 1998,
10:00 a.m.: 21 IR 3819)

SECTION 17. 410 IAC 1-5-36 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-36 Work environment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 36. (a) No tattooing [A> OR BODY PIERCING <A] shall be conducted in
any room used as living quarters or in any room that opens directly into living
or sleeping quarters.

(b) Live animals shall be excluded from areas where tattooing [A> OR BODY
PIERCING <A] is being conducted. This exclusion does not apply to the
following:

(1) Patrol dogs accompanying security or police officers.

(2) Guide dogs accompanying the following:

(A) Blind persons.

(B) Partially blind persons.

(C) Physically disabled persons.

(D) Guide dog trainers.

(E) Persons with impaired hearing. [*1484]

(c) Eating, drinking, smoking, or applying cosmetics shall not be allowed
in work areas where there is a likelihood of exposure to blood or OPIM.

(d) Food and drink shall not be kept in areas where there is a reasonably
anticipated risk of exposure to blood or OPIM.

(e) All equipment and environmental surfaces shall be cleaned and
disinfected after contact with blood or OPIM.

(f) Environmental surfaces and equipment not requiring sterilization that
have been contaminated by blood shall be cleaned and disinfected.

(g) All work surfaces shall be:

(1) nonabsorbent;

(2) easily cleanable;

(3) smooth; and

(4) free of:

(A) breaks;

(B) open seams;

(C) cracks;

(D) chips;

(E) pits; and

(F) similar imperfections.

(h) Disinfectant solutions shall be:

(1) a hospital grade, tuberculocidal Environmental Protection Agency (EPA)
registered disinfectant; or

(2) sodium hypochlorite, five-tenths percent (0.5%) concentration, by
volume (common household bleach in ten percent (10%) concentration in water); the
solution shall be dated and shall not be used if it is more than twenty-four
(24) hours old. (Indiana State Department of Health; 410 IAC 1-5-36; filed May 12, 1998,
10:00 a.m.: 21 IR 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 IR 127)

SECTION 18. 410 IAC 1-5-38 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-38 Treatment and transport of infectious waste

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2




Affected: IC 16-19-3

Sec. 38. (a) All [D> tattoo <D] operators shall ensure that infectious
waste is either treated on-site in accordance with this rule or transported
off-site for treatment in accordance with this rule.

(b) A treatment is effective if it reduces the pathogenic qualities of
infectious waste for safe handling, is designed for the specific waste
involved, and is carried out in a manner consistent with this rule. Effective
treatment may include:

(1) incineration in an incinerator designed to accommodate infectious waste;

(2) steam sterilization;

(3) chemical disinfection under circumstances where safe handling of the
waste is assured;

(4) thermal inactivation;

(5) irradiation; or

(6) discharge in a sanitary sewer or septic system that is properly installed
and operating in accordance with state and local laws.

(c) All persons subject to this rule shall:

(1) transport infectious waste in a manner that reasonably protects waste
haulers and the public from contracting a dangerous communicable disease;
and

(2) effectively treat infectious waste in accordance with this rule
before it is compacted.

(d) The [D> tattoo <D] operator shall ensure that infectious waste,
effectively treated or not is transported off-site in compliance with 410
IAC 1-3. (Indiana State Department of Health; 410 IAC 1-5-38; filed May 12,
1998, 10:00 a.m.: 21 IR 3821; errata filed Aug 31, 1998, 1:08 p.m.: 22 IR 127)

SECTION 19. THE FOLLOWING ARE REPEALED: 410 IAC 1-5-21; 410 IAC 1-5-22.

Notice of Public Hearing

Under IC 4-22-2-24, notice is hereby given that on March 24, 2000 at 2:00
p.m., at the Indiana State Department of Health, Rice Auditorium, 2 North
Meridian Street, Indianapolis, Indiana the Indiana State Department of
Health will hold a public hearing on proposed amendments to include requirements
for the sanitary operation of body piercing facilities. Copies of these rules
are now on file at the Indiana State Department of Health, Public Health
Services Commission, 2 North Meridian Street, Sixth Floor and Legislative Services
Agency, Indiana Government Center-South, 302 West Washington Street, Room
E011, Indianapolis, Indiana and are open for public inspection.

Richard D. Feldman, M.D.






410 IAC 1-5-7.5 "Facility" defined

Sec. 7.5. "Facility" means a tattoo parlor or a body piercing facility,
or both, which is any 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.

AUTHORITY:

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2
Affected: IC 16-19-3

HISTORY:

Indiana State Department of Health; 410 IAC 1-5-7.5; filed Jun 30, 2000,
4:10 p.m.: 23 Ind. Reg. 2710

NOTES:
TITLE NOTE: Under IC 16-1-1-6, the name of the Indiana State Board of Health
is changed to Indiana State Department of Health, effective January 1, 1992.

TITLE CITED IN: 675 IAC 20-2-24; 675 IAC 20-3-7; 675 IAC 24-1-1.

RULE CITED IN: 410 IAC 1-5-1; 410 IAC 1-5-25; 410 IAC 1-5-26; 410 IAC
1-5-37; 410 IAC 1-5-38.




----------------------------------------------------------------------------
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[*2710]

TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

LSA Document # 99-157(F)

DIGEST

Amends 410 IAC 1-5 to include requirements for the sanitary operation of
body piercing facilities. Effective 30 days after filing with the secretary of
state.

410 IAC 1-5-3.5
410 IAC 1-5-3.6
410 IAC 1-5-7.5
410 IAC 1-5-9.5
410 IAC 1-5-11.2
410 IAC 1-5-11.5
410 IAC 1-5-21
410 IAC 1-5-22
410 IAC 1-5-24
410 IAC 1-5-25
410 IAC 1-5-26
410 IAC 1-5-27
410 IAC 1-5-28
410 IAC 1-5-29
410 IAC 1-5-30
410 IAC 1-5-31
410 IAC 1-5-34
410 IAC 1-5-35
410 IAC 1-5-36
410 IAC 1-5-38

SECTION 1. 410 IAC 1-5-3.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.5 "Body piercer" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2


Affected: IC 16-19-3

[A> SEC. 3.5. "BODY PIERCER" MEANS ANY PERSON WHO PERFORMS BODY PIERCING
ON AN INDIVIDUAL. <A] (Indiana State Department of Health; 410 IAC 1-5-3.5;
filed Jun 30, 2000, 4:10 p.m.: 23 IR 2710)

SECTION 2. 410 IAC 1-5-3.6 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-3.6 "Body piercing" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 3.6. "BODY PIERCING" MEANS THE PERFORATION OF ANY HUMAN BODY PART
OTHER THAN EAR LOBE FOR THE PURPOSE OF INSERTING JEWELRY OR OTHER DECORATION
OR FOR SOME OTHER NONMEDICAL PURPOSE. <A] (Indiana State Department of Health;
410 IAC 1-5-3.6; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2710)

SECTION 3. 410 IAC 1-5-7.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-7.5 "Facility" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 7.5. "FACILITY" MEANS A TATTOO PARLOR OR A BODY PIERCING
FACILITY, OR BOTH, WHICH IS ANY 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. <A] (Indiana State Department of Health; 410 IAC 1-5-7.5; filed Jun
30, 2000, 4:10 p.m.: 23 IR 2710)

SECTION 4. 410 IAC 1-5-9.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-9.5 "High level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 9.5. "HIGH LEVEL DISINFECTION" MEANS A PROCESS THAT DESTROYS ALL
MICRO-ORGANISMS, WITH THE EXCEPTION OF HIGH NUMBERS OF BACTERIAL SPORES. <A]
(Indiana State Department of Health; 410 IAC 1-5-9.5; filed Jun 30, 2000,
4:10 p.m.: 23 IR 2710)

SECTION 5. 410 IAC 1-5-11.2 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-11.2 "Intermediate level disinfection" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.2. "INTERMEDIATE LEVEL DISINFECTION" MEANS A PROCESS THAT
INACTIVATES: <A]

[A> (1) MYCOBACTERIUM TUBERCULOSIS; <A]

[A> (2) VEGETATIVE BACTERIA; <A] [*2711]

[A> (3) MOST VIRUSES; AND <A]

[A> (4) MOST FUNGI; <A]
[A> BUT DOES NOT NECESSARILY KILL BACTERIAL SPORES. <A] (Indiana State
Department of Health; 410 IAC 1-5-11.2; filed Jun 30, 2000, 4:10 p.m.: 23 IR
2710)

SECTION 6. 410 IAC 1-5-11.5 IS ADDED TO READ AS FOLLOWS:

410 IAC 1-5-11.5 "Operator" defined

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

[A> SEC. 11.5. "OPERATOR" MEANS ANY PERSON WHO CONTROLS, OPERATES,
MANAGES, OR OWNS ANY FACILITY. <A] (Indiana State Department of Health; 410 IAC
1-5-11.5; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 7. 410 IAC 1-5-24 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-24 Operator training responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 24. An individual or entity that is [D> a tattoo <D] [A> AN <A]
operator shall comply with the following training responsibilities:

(1) 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 [A> AND BODY PIERCERS, <A]
anyone employed by the [D> tattoo parlor <D] [A> FACILITY <A] or anyone acting on
behalf of the [D> tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably
anticipated risk for skin, eye, mucous membrane, or parenteral contact with
blood or OPIM.

(2) Ensure that training on the handling of infectious waste is provided
to all tattoo artists [A> AND BODY PIERCERS, OR <A] anyone employed by the [D>
tattoo parlor <D] [A> FACILITY <A] or anyone acting on behalf of the [D>
tattoo parlor <D] [A> FACILITY <A] who has a reasonably anticipated risk for skin,
eye, mucous membrane, or parenteral contact with blood or OPIM.

(3) Ensure that a record of training described in subdivision (1) 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.

(4) Ensure that a record of training described in subdivision (2) is
maintained. (Indiana State Department of Health; 410 IAC 1-5-24; filed May 12, 1998,
10:00 a.m.: 21 IR 3817; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 8. 410 IAC 1-5-25 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-25 Operator responsibilities

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 25. (a) The [D> tattoo <D] operator shall ensure that tattoo
artists, [A> BODY PIERCERS, OR <A] anyone employed by the [D> tattoo parlor <D] [A>
FACILITY <A] or anyone acting on behalf of the [D> tattoo parlor <D] [A>
FACILITY <A] who has a reasonably anticipated risk for skin, eye, mucous
membrane, or parenteral contact with blood [D> is provided <D] [A> HAVE AND
USE <A] 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 [D> tattoo <D] operator shall require tattoo artists [A> AND BODY
PIERCERS, <A] anyone employed by the [D> tattoo parlor, <D] [A> FACILITY,
<A] or anyone acting on behalf of the [D> tattoo parlor, <D] [A> FACILITY <A] 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 section 27 of this rule.

(c) The [D> tattoo <D] operator shall display a description of compliance
with the requirements contained in subsection (d).

(d) The [D> tattoo <D] 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. (Indiana State Department of Health; 410
IAC 1-5-25; filed May 12, 1998, 10:00 a.m.: 21 IR 3817; errata filed Aug 31,
1998, 1:08 p.m.: 22 IR 127; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 9. 410 IAC 1-5-26 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-26 Operator policies

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 26. The [D> tattoo <D] 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:

(1) requires the use of universal precautions when performing tattooing
[A> OR BODY PIERCING <A] and any activity or duty that includes any reasonably
anticipated skin, eye, mucous membrane, or parenteral contact with blood or
OPIM;

(2) requires disinfection or sterilization of contaminated reusable
items;

(3) includes the safe handling of infectious waste; and

(4) provides sanctions, including discipline and dismissal, if warranted, for
failure to use universal precautions or handle infectious waste safely, or
both. [*2712]
(Indiana State Department of Health; 410 IAC 1-5-26; filed May 12, 1998,
10:00 a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2711)

SECTION 10. 410 IAC 1-5-27 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-27 Tattoo artist and body piercer minimum training and certification
requirements

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 27. (a) All tattoo artists, [A> BODY PIERCERS, <A] anyone employed
by the [D> tattoo parlor, <D] [A> FACILITY <A], and anyone acting on behalf of
the [D> tattoo parlor, <D] [A> FACILITY, <A] 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 bloodborne pathogen training session provided by the [D> tattoo <D]
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 [D> accredited
<D] [A> PROVIDED <A] by a health care [D> licensing entity. <D] [A> AGENCY. <A]

(b) All tattoo artists, [A> BODY PIERCERS, <A] anyone employed by the [D>
tattoo parlor, <D] [A> FACILITY, <A] and anyone acting on behalf of the [D>
tattoo parlor, <D] [A> FACILITY, <A] who has a reasonably anticipated risk
for skin, eye, mucous membrane, or parenteral contact with blood or OPIM must be
trained in the [D> tattoo parlor's <D] [A> FACILITY'S <A] policies on the
handling of infectious waste. (Indiana State Department of Health; 410 IAC
1-5-27; filed May 12, 1998, 10:00 a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10
p.m.: 23 IR 2712)

SECTION 11. 410 IAC 1-5-28 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-28 Patron records

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 28. Records of each patron shall be maintained [A> BY THE OPERATOR
<A] for two (2) years. The record shall include the following, [A> BUT NOT BE
LIMITED TO: <A]

(1) Patron's name.

(2) Address.

(3) Age.

(4) Date tattooed [A> OR BODY PIERCED. <A]

(5) Design of the tattoo.

(6) Location of the tattoo [A> OR BODY PIERCING <A] on the patron's body.

(7) The name of the tattoo artist [A> OR BODY PIERCER <A] who performed
the work.

[A> (8) JEWELRY OR OTHER DECORATION USED. <A]
(Indiana State Department of Health; 410 IAC 1-5-28; filed May 12, 1998,
10:00 a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 12. 410 IAC 1-5-29 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-29 Illness

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 29. Tattoo artists [A> OR BODY PIERCERS <A] who are experiencing
symptoms of acute disease [D> which <D] [A> THAT <A] include, but are not
limited to:

(1) diarrhea;

(2) vomiting;

(3) fever;

(4) rash;

(5) productive cough;

(6) jaundice; or

(7) draining (or open) skin infections, boils, impetigo, or scabies;
shall refrain from providing tattoos [A> OR BODY PIERCING. <A] (Indiana
State Department of Health; 410 IAC 1-5-29; filed May 12, 1998, 10:00 a.m.: 21 IR
3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2712)


SECTION 13. 410 IAC 1-5-30 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-30 Handwashing

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 30. (a) Handwashing facilities shall be readily accessible where
tattooing [A> OR BODY PIERCING, OR BOTH, <A] is provided.

(b) Hands shall be washed with soap and running water immediately before
putting on gloves and after removal of gloves or other personal protective equipment.

(c) Only single-use towels shall be used. (Indiana State Department of
Health; 410 IAC 1-5-30; filed May 12, 1998, 10:00 a.m.: 21 IR 3818; filed
Jun 30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 14. 410 IAC 1-5-31 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-31 Personal protective equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 31. Appropriate personal protective equipment shall be worn as
follows:

(1) A clean protective clothing layer shall be worn whenever there is a
reasonably anticipated risk of contamination of clothing by blood or OPIM.
[*2713]

(2) Masks in combination with eye protection devices, such as goggles or
glasses with solid side shield, or chin length face shield, shall be worn
whenever splashes, spray, splatter, or droplets of blood or OPIM may be
generated and eye, nose, or mouth contamination can be reasonably anticipated.

(3) Disposable gloves, [A> SUCH AS SURGICAL OR EXAMINATION TYPE, <A]
shall be worn during the tattooing [A> OR BODY PIERCING <A] process. Gloves shall be
changed and properly disposed of each time there is an interruption in the
application of the tattoo [A> OR BODY PIERCING, <A] when the gloves become
torn or punctured, or whenever the ability to function as a barrier is compromised.
Disposable gloves shall not be reused.

(4) Gloves shall be worn when decontaminating environmental surfaces and
equipment. (Indiana State Department of Health; 410 IAC 1-5-31; filed May 12, 1998,
10:00 a.m.: 21 IR 3818; filed Jun 30, 2000, 4:10 p.m.: 23 IR 2712)

SECTION 15. 410 IAC 1-5-34 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-34 Reusable equipment

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 34. (a) Heating procedures capable of sterilization must be used when
heat stable, nondisposable equipment is sterilized.

(b) Equipment that is to be sterilized shall be put in single-use packaging.

(c) Records must be maintained to document the following:

(1) Duration of sterilization technique.

(2) Determination of effective sterility, such as use of a biological
indicator, is performed monthly.

(3) Equipment is maintained as recommended by the owner's manual, and
proof is available that the owner's manual recommendations are reviewed monthly.

(d) Reusable contaminated equipment shall not be stored or processed in a
manner that requires any person to reach by hand into the containers where these
sharp items have been placed.

(e) Reusable contaminated equipment shall be:

(1) placed in puncture-resistant containers;

(2) labeled with the biohazard symbol;

(3) leakproof on both sides and bottom; and

(4) stored in a manner that does not require reaching by hand into the
container where the equipment is stored until cleaning prior to sterilization.

(f) Reusable contaminated equipment shall be effectively cleaned prior to
sterilization [A> OR DISINFECTION. <A]

(g) [A> ANY <A] reusable [D> tubes <D] [A> CONTAMINATED EQUIPMENT THAT
COMES INTO DIRECT CONTACT, OR IS LIKELY TO COME INTO DIRECT CONTACT, WITH AN
INSTRUMENT THAT PENETRATES THE SKIN OTHER THAN A PIERCING GUN <A] shall be
effectively cleaned and sterilized [D> before reuse. <D] [A> PRIOR TO USE. <A]

[A> (H) ALL STERILIZED EQUIPMENT SHALL NOT BE REMOVED FROM WRAPPERS OR
STERILIZER PACKAGING UNTIL IMMEDIATELY PRIOR TO USE. <A]

[A> (I) ANY REUSABLE EQUIPMENT THAT COMES INTO CONTACT WITH MUCUS <A]
[sic., mucous] [A> MEMBRANES SHALL BE EFFECTIVELY CLEANED AND STERILIZED PRIOR TO
USE. <A]

[A> (J) PIERCING GUNS SHALL BE CLEANED AND UNDERGO, AT A MINIMUM, HIGH LEVEL
DISINFECTION AFTER EACH USE AND WHENEVER VISIBLY CONTAMINATED. <A]

[A> (K) ALL REUSABLE EQUIPMENT THAT HAS CONTACT WITH INTACT SKIN SHALL
UNDERGO, AT A MINIMUM, INTERMEDIATE LEVEL DISINFECTION. <A]

[A> (L) ALL OTHER EQUIPMENT USED DURING THE TATTOOING OR BODY PIERCING
PROCEDURE SHALL BE SINGLE USE, INCLUDING CORKS. <A]

[A> (M) ALL BODY PIERCERS AND TATTOO ARTISTS SHALL COMPLY WITH ALL OTHER
EQUIPMENT MANUFACTURER'S RECOMMENDATIONS. <A] (Indiana State Department of
Health; 410 IAC 1-5-34; filed May 12, 1998, 10:00 a.m.: 21 IR 3819; filed
Jun 30, 2000, 4:10 p.m.: 23 IR 2713)

SECTION 16. 410 IAC 1-5-35 IS AMENDED TO READ AS FOLLOWS:

410 IAC 1-5-35 Dyes or pigments or other objects placed under the skin

Authority: IC 16-19-3-4.1; IC 16-19-3-4.2

Affected: IC 16-19-3

Sec. 35. (a) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments for the
tattooing of h