Tennessee Code
TITLE 39 CRIMINAL OFFENSES
CHAPTER 15 OFFENSES AGAINST THE FAMILY
PART 4 -- CHILDREN
39-15-403. Tattooing of minors. --
(a) As used in this section, "tattoo>" means to intentionally
mark or color by pricking or inserting pigment or coloring
matter into the skin so as to leave an indelible mark or
figure.
(b) A person who for commercial purposes <tattoos the skin of
any person under eighteen (18) years of age commits a Class A
misdemeanor.
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-201. Definitions.
As used in this part, unless the context otherwise requires:
(1) "Antibacteria1 solution" means any solution used to retard the
growth of bacteria approved for the application to human skin and
includes all products so labeled;
(2) "Client" means any person desiring to receive a tattoo>;
(3) "Commissioner" means the commissioner of health;
(4) "Department" means the department of health;
(5) "Disinfectant" means a solution intended to destroy or inactivate
specific viruses, bacteria or fungi on inanimate surfaces;
(6) "Germicidal solution" means any solution which destroys germs and
is so labeled;
(7) "License" means the issuance of a license to perform <tattooing> to
any individual, partnership, firm, or corporation;
(8) "Permit" means the issuance of a permit to a <tattoo> studio or
establishment;
(9) "Registration" means license or permit, as applicable;
(10) "Sanitary" means clean and free of agents of infection;
(11) "Single use" means an item is used one (1) time on one (1) client
and then is properly disposed of by appropriate measures;
(12) "Sterilization" means holding in an autoclave for fifteen (15)
minutes, at fifteen pounds (15 lbs.) pressure, and at a temperature of
two hundred fifty degrees fahrenheit (250 ((F) or one hundred
twenty-one degrees celsius (121 ((C);
(13) "<Tattoo>" means any method of placing designs, letters, figures,
symbols, cosmetics or any other marks under the skin of a person with ink
or color by the aid of needles or instruments;
(14) "<Tattoo> artist" means any person, regardless of age, who engages
in the practice/service of <tattooing> regardless of the type of <tattoo> or
area to be <tattooed>;
(15) "<Tattoo> artist registration" means the issuance of a state license
authorizing the person named therein to engage in the practice/service of
<tattooing> in the state of Tennessee after fulfilling the requirements in
this part;
(16) "<Tattoo> operator" means any person who controls, operates,
conducts or manages any <tattoo> studio, whether actually engaging in
<tattooing> or not;
(17) "<Tattoo> studio" means any room or space where <tattooing> is
practiced or where the service of <tattooing> is conducted;
(18) "<Tattoo> studio certificate" means the issuance of a written
permit, issued by the local county health department, to a <tattoo studio
stating that such studio, after inspection, was found to be in compliance
with this part; and
(19) "Universal precautions" means that all blood and body fluids are
treated as to contain all bloodborne pathogens and taking proper
precautions to prevent the spread of any bloodborne pathogens.
[Acts 1996, ch. 1004, §§ 2; 1999, ch. 229, §§§§ 1, 2, 3.]
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-202. Registration and certification for studies -- Violations.
(a) No person shall operate a tattoo studio unless such person is registered
with the state as an operator or as an artist, and the studio has been issued a
studio certificate by the local health department. No studio certificate shall
be issued or renewed unless the studio has been inspected and found to be in
compliance by the local health department.
(b) A studio certificate shall expire on December 31 of each year.
(c) The local health department shall inspect each <tattoo> studio a
minimum of four (4) times each year to ensure compliance with this part.
(d) <Tattoo> studio violations shall be classified into two (2)
categories: critical and minor. <Tattoo> studios found to have critical
violations shall be subject to a one hundred dollar ($100) civil penalty
and, if deemed necessary, the immediate shutdown of such <tattoo> studio.
Re-inspection for a critical violation shall be within seven (7) days, at
which time the <tattoo> studio may be re-opened if such studio is found to
be in compliance. If a second critical violation is committed within the
period of one (1) year (calendar or otherwise), the <tattoo> studio shall be
subject to a civil penalty of up to five hundred dollars ($500) and the
<tattoo> studio's certificate may be revoked.
(e) Minor violations means all other violations of this part. <Tattoo>
studios with minor violations shall be subject to a twenty-five dollar
($25.00) civil penalty, and shall have fourteen (14) days to address and
correct such violations. Re-inspection for a minor violation shall be at
the discretion of the local health department.
(f) A violation may be reviewed by the local health department upon
written request of the person or studio committing such violation. A request for review by the local health department shall be made in
writing within ten (10) days of receipt of notification of such
violation. The local health department should respond to this review
within fourteen (14) days.
(g) Critical violations shall include the following:
(1) Autoclave is not in good working order;
(2) Tubes and needles are not sterilized in an approved manner;
(3) Work room is not equipped as required or is not stocked;
(4) Prohibited reuse of single use articles;
(5) Sterile instruments are not handled properly;
(6) Reusable instruments are not handled properly;
(7) Employees with infectious lesions on hands not restricted from
<tattooing>;
(8) Employees not practicing proper cleanliness and good hygiene
practices;
(9) Water supply not approved, hot and cold running water under
pressure not available;
(10) Approved sewage and liquid waste disposal not available;
(11) Cross connection allowing back-siphonage present in plumbing
system;
(12) Toilet and hand washing facilities not available for employees;
(13) Insect and rodent evidence, harborage, or outer opening
present; or
(14) Toxic items not properly stored, labeled, or used.
(h) In all instances of violations, the local health department shall
give written notice to the <tattoo> operator specifying the violations and
measures that are necessary to correct such violations. A copy of this
notice/inspection sheet shall be signed by the studio and retained by the
local health department. Payment of all registrations, fees, or fines
shall be payable to the local health department having jurisdiction for
administrative costs.
(i) Any studio which is engaged in the practice of <tattooing on October
1, 1996, shall submit an application for a license within thirty (30)
days of October 1, 1996.
[Acts 1996, ch. 1004, §§ 3; 1999, ch. 229, §§§§ 4, 10, 11, 12.]
(j) A tattoo studio shall pay a permit fee according to the following
schedule:
July, 2001 July, 2002
July, 2003
$140.00 $200.00
$280.00
(k) If the permit fee is delinquent for more than thirty (30) calendar days,
a penalty of one-half (1/2) the permit fee shall be added thereto. If a check is
returned for any reason, a penalty of one-half (1/2) the permit fee shall be
added thereto. The permit fee plus any penalty must be paid before the permit is
issued.
(l) A percentage of permit fees, fines, and penalties collected within a
contract county pursuant to §
62-38-202
shall be conveyed by contract to the respective county health department to
assist such county health department in implementing the program in the local
jurisdiction. This amount shall be calculated based upon fees collected in the
contract county during the state's fiscal year multiplied by the appropriate
percentage in the table below. The percentage shall be according to the
following schedule of fiscal years:
2001-2002 2002-2003 2003-2004 and thereafter
Amendments. The 2001 amendment deleted the last sentence of (a) which
read: "A fee of one hundred dollars ($100) shall be submitted annually to the
local health department along with an application for renewal of a studio
certificate."; and added (j) through (l).
Effective Dates. Acts 2001, ch. 311, § 25. May 30, 2001.
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-203. Inspections -- Work areas -- Premises and equipment. --
(a) Before a permit to operate a tattoo> establishment is
granted, the local health department or its duly authorized
agent shall inspect the premises in which the business is to be
conducted. If the condition of the premises or its equipment
does not conform to the requirements of this part, the local
health department shall refuse to issue a permit. If the <tattoo>
establishment conforms to the requirements of this part, the
local health department or its duly authorized agent shall
issue the permit requested.
(b) Each studio where <tattoos> are administered shall provide
a work area separate from any observers present. No smoking or
eating shall take place in the <tattoo> work area. Clients shall
be <tattooed> only while in the <tattoo> work area.
(c) Adequate restroom facilities for clients and operators
shall be provided within each studio.
(d) A sink with hot and cold running water for handwashing
and sterilization, other than a bathroom sink, shall be
provided. Sinks shall be equipped with an antibacterial
solution and single use towels.
(e) All waste products shall be disposed of in accordance
with universal precaution guidelines. All needles or other
sharp instruments shall be segregated from other wastes and
placed in an approved sharps container.
(f) All furniture and fixtures necessary to the practice of
<tattooing> shall be provided and constructed to ensure adequate
cleaning and sanitation. Adequate lighting and ventilation
shall be provided in the <tattoo studio. Equipment necessary to
provide for proper aseptic techniques and sterilization shall
be provided, including an autoclave in good repair. Floors,
ceilings, walls and restrooms shall be maintained in a sanitary condition. Studio and equipment shall be maintained in good
repair and the premises shall be kept clean, neat and free of
litter and rubbish.
[Acts 1996, ch. 1004, §§ 4.]
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-204. Tattoo artist registration, licensing and permits --
Apprentices.
(a) No person shall engage in the practice of tattooing or act as a tattoo
artist unless such person has registered as a tattoo artist with the department
of health. A statewide tattoo artist license shall be issued and is
transferable, within the state of Tennessee, to any studio holding a current
studio certificate issued by a local health department. The department of health
may, at its option, direct the local health department to act in its behalf in
the application, examination, and collection of funds, concerning tattoo artist
registration.
(b) No holder of a studio permit issued under this part shall allow a tattoo
artist to engage in tattooing unless the tattoo artist:
(1) Has attained eighteen (18) years of age;
(2) Currently holds a tattoo artist license; and
(3) Either has a fourteen-day temporary permit or has an apprentice artist
license.
(c) Any person desiring to engage in the practice of tattooing shall submit
an application to the department of health or its designee. There shall be three
(3) types of tattoo artist licenses: tattoo artist, apprentice artist, and
temporary artist. All tattoo artist and apprentice artist registrations shall
expire on December 31 of each year. A tattoo artist, apprentice artist, and
temporary artist shall pay an annual fee based on the following schedule:
July, 2001 July, 2002
July, 2003
$70.00 $100.00
$140.00
(d) All tattooing shall be under the auspices of a tattoo studio holding a
current studio certificate issued by the local health department.
(e) Each tattoo operator or tattoo artist shall, before receiving a permit to
operate a tattoo establishment or to apply a tattoo, undergo a training program
to include:
(A) The alliance of professional tattooist course in sterilization;
(B) A local or state health department program;
(C) A course approved by the local health department in methods and
techniques for the proper sterilization of instruments and materials used in
tattooing; or
(D) Present acceptable evidence of having satisfactorily completed a course
of instruction in sterilization techniques and methods from a college/medical
sterilization course.
(f) The tattoo operator and/or tattoo artist shall be required to take and
pass an examination concerning the provisions of this part before a tattoo
artist permit shall be issued. Such examination shall be a written examination
prescribed by the local health department. After passing such examination and
complying with the other provisions of this part, a license shall be issued.
(g) In order to receive a tattoo artist license, the tattooist shall be
trained in the profession of tattooing to include sterilization methods in a
certified shop for at least one (1) year, under a currently licensed tattoo
artist who has been certified and operating in compliance with applicable laws
in Tennessee for not less than three (3) years. Out of state tattoo artists must
be able to show proof of at least two (2) years' experience as a professional
tattoo artist in another state (business licenses, tax records, etc., may be
used to show proof of prior work). Artists currently in business in Tennessee on
October 1, 1996, shall be exempt from the provisions of this subsection (g).
(h) An apprentice artist license shall be issued if an artist is unable to
comply with any of the provisions of this part. An artist shall remain an
apprentice artist until all qualifications or provisions of this part have been
met.
(i) A tattoo operator shall, unless registered as a tattoo artist, register
with the department of health and shall comply with all provisions of this part,
except for subsection (g). A tattoo operator shall pay an annual fee based on
the following schedule:
July, 2001 July, 2002
July, 2003
$70.00 $100.00
$140.00
(j) All fees shall be paid to the commissioner. If any fee is delinquent for
more than thirty (30) calendar days, a penalty of one-half (1/2) the fee shall
be added thereto. If a check is returned for any reason, a penalty of one-half
(1/2) the fee shall be added thereto. The permit fee plus any penalty must be
paid before the permit is issued.
(k) [Deleted by 2001 amendment.]
(l) An applicant whose license has expired for more than one (1) year must
re-apply for licensure pursuant to subsection (g).
[Acts 1996, ch. 1004, § 5; 1999, ch. 229, §§ 5-7; 2001, ch. 311, §§ 6-8.]
Amendments. The 2001 amendment, in (c), substituted the present last
sentence for the former which read: "A fee of fifty dollars ($50.00) shall be
submitted to the department of health for each individual artist license."; in (i),
substituted the present last sentence for the former which read: "The fee for
such registration shall be twenty-five dollars ($25.00), payable to the
department."; deleted former (j) and (k) which read: "(j) To renew a license as
a tattoo artist, an applicant shall submit a fee of fifty dollars ($50.00)
before the expiration of such license.
"(k) A penalty of twenty-five dollars ($25.00) shall be imposed upon each
late renewal of licensure. No late renewal of licensure shall be accepted more
than one (1) year after the expiration of such licensure."; and added the
present (j).
Effective Dates. Acts 2001, ch. 311, § 25. May 30, 2001.
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-205. Temporary locations. --
(a) A registered tattoo> business may set up at temporary
locations other than a <tattoo> studio (e.g., <tattoo>
conventions), with the written approval of the local health
department, for a period not to exceed ten (10) days; provided,
that each artist not previously registered with the department
of health shall register and pay a fee of fifty dollars
($50.00) to the department.
(b) Temporary facilities (e.g., <tattoo> conventions) shall be
held to the same sanitary standards as those required of <tattoo>
studios. Temporary facility permits shall be issued by the
local health department, to include:
(1) An area where <tattooing> can be performed in a limited
access location;
(2) Adequate sterilization equipment supplied;
(3) Waste receptacles and sharps containers supplied;
(4) Individual containers of water for each client in single
use rinse cups; and
(5) Disinfectant sprays at each <tattoo> artist's work area.
(c) A temporary <tattoo> artist registration may be issued for
not more than fourteen (14) days. The holder of the studio
certificate shall also sign for the temporary license from the
department of health and all <tattooing> shall be under the
auspices of the studio certificate holder and in compliance
with the provisions of this part. Artists may apply <tattoos if
a copy of the state application and a receipt for the fifty
dollar ($50.00) fee is on display at the studio. The
sterilization course, written examination and work experience
shall be waived for such temporary permit. A temporary licenseis not transferable nor may it be renewed.
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-207. Records -- Tattooing of minors -- Attestations -- Instructions --
Penalties for tattooing minors. --
(a) A record showing the date of a client's visit, the
client's name, with the client's signature, address and age,
design of the tattoo>, its location on the client's body and the
name of the <tattoo> artist who performed the service shall be
maintained by <tattoo> studios for two (2) years.
(b) A minor sixteen (16) years of age or older may be
<tattooed> with the written consent of the parent or legal
guardian to cover up an existing <tattoo>. A parent or legal
guardian of such minor must be present during the procedure.
(c) Records shall be entered in ink and shall be made
available to the local health department upon request, at a
reasonable time, for examination.
(d) Clients receiving a <tattoo> shall attest to the fact that
they are not under the infuence of drugs or alcohol.
(e) Printed instructions on the care of skin shall be given
to each client after <tattooing> and a copy of such instructions
shall be posted in a conspicuous place in the <tattoo> studio.
(f) Except as provided in subsection (b), it is a Class C
misdemeanor to <tattoo a person under eighteen (18) years of
age.
[Acts 1996, ch. 1004, §§ 8.]
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-208. Violation for operating without a permit or with a revoked or
suspended permit.
(a) Any person who does not obtain a permit as required in §§
62-38-202 or whose permit has been revoked or suspended and who continues
to tattoo> or operate a <tattoo establishment commits a Class B misdemeanor
punishable only by a fine of five hundred dollars ($500).
(b) Any suspension or revocation may be appealed to the local health
officer who shall then conduct a hearing of such appeal in accordance
with the Uniform Administrative Procedures Act, compiled in title 4,
chapter 5. The decision made by the local health officer concerning the
appeal may be appealed to commissioner, such appeal to the commissioner
being limited to the issue of determining whether a material error of law
was made at the hearing level.
[Acts 1996, ch. 1004, §§ 9; 1999, ch. 229, §§ 8.]
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-209. Hygiene -- Equipment -- Bandaging, removal of tattoos. --
(a) Each tattoo> artist shall use a single use lap cloth.
(b) Each <tattoo> artist shall thoroughly wash the <tattoo>
artists's hands with an antibacterial solution and hot running
water prior to and after administering any <tattoo>.
(c) Disposable, latex examination gloves shall be worn by a
<tattoo> artist at all times while administering any <tattoo>.
Gloves shall be changed and properly disposed of each time
there is an interruption in the application of a <tattoo>, or
whenever their ability to function as a barrier is compromised.
(d) Only single use supplies (or sterilized equipment) may be
used to apply a <tattoo> and shall be disposed of after each
<tattoo>. This subsection includes single use disposable razors;
single use towels or wipes; lubricants from a collapsible tube
and single use paper stencils or plastic stencils soaked in a
germicidal solution. If the design is drawn directly onto the
skin it shall be applied only with a single use article. Dyes
or pigments should be manufactured for the sole purpose of
<tattooing>. Single use or individual portions of dye and ink
pots or trays shall be used. After <tattooing>, single use items,
dyes, and containers shall be discarded and the <tattoo> area
disinfected.
(e) All tubes and needles should be sealed for individual
client use in autoclave bags with an autoclave indicator and
date of sterilization clearly visible. Autoclave bags may be
stored for use for up to one (1) year. Autoclave sterilization
minimum standards shall mean holding in an autoclave for twenty
(20) minutes, at fifteen pounds (15 lbs.) pressure, at a
temperature of two hundred sixty degrees fahrenheit
(260((F.) or one hundred twenty-seven degrees celsius (127((C).
After <tattooing>, used non-disposable instruments such as tubes
shall be kept in a separate, puncture resistant container until properly cleaned, disinfected and sterilized using universal
precautions and recognized medical methods.
(f) Each <tattoo> shall be bandaged, when applicable, before
leaving the <tattoo> studio.
(g) No <tattoo> artist shall remove or attempt to remove any<tattoo.
[Acts 1996, ch. 1004, §§ 10.]
Tennessee Code
TITLE 62 PROFESSIONS, BUSINESSES AND TRADES
CHAPTER 38 TATTOO PARLORS AND ARTISTS
PART 2 -- GENERAL PROVISIONS
62-38-210. Local regulations superseded -- Applicability to
physicians.
(a) This part shall supersede all county and local regulations
concerning tattooing to give uniformity in compliance within this state.
(b) This part does not apply to any physician or any person under the
supervision of a physician who is licensed to practice medicine in this
state.
(c) The commissioner shall promulgate rules governing implementation of
the provisions of this chapter.
[Acts 1996, ch. 1004, §§ 11; 1999, ch. 229, §§ 9.]
Tennessee Acts
CHAPTER NO. 311 OF THE PUBLIC ACTS OF 2001
SENATE BILL NO. 1633
By Clabough, Atchley
Substituted for: House Bill No. 1356
By McDaniel, Davidson, Kisber
AN ACT To amend Title 53, Chapter 8 relative to fees; Title 62, Chapter
38 relative to fees; and Title 68, Chapters 14 and 110 relative to fees
and creation of an advisory council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 53-8-214(a), is amended by
deleting subdivision (1) in its entirety and by substituting instead the
following:
SECTION 6. Tennessee Code Annotated, Section 62-38-204(c), is amended by deleting the last sentence in subsection (c) and by substituting instead the following: A <tattoo> artist, apprentice artist, and temporary artist shall pay an annual fee based on the following schedule: July, 2001 July, 2002 July, 2003 $70.00 $100.00 $140.00 SECTION 7. Tennessee Code Annotated, Section 62-38-204(i), is amended by deleting the last sentence in subsection (i) and by substituting instead the following: A <tattoo operator shall pay an annual fee based on the following schedule: July, 2001 July, 2002 July, 2003 $70.00 $100.00 $140.00
RULES AND REGULATIONS OF THE STATE OF TENNESSEE
TENNESSEE ADMINISTRATIVE REGISTER
TENNESSEE ADMINISTRATIVE CODE CITATION: Tenn. Comp. R. & Regs. ch.
1200-23-3-.01 -- 1200-23-3-.09
CHAPTER 1200-23-3 RULES FOR TATTOO PARLORS AND TATTOO ARTISTS
-
There will be a hearing before the Department of Health, Division of General
Environmental Health to consider the promulgation of rules for tattooing,
pursuant to Tennessee Code Annotated, Section 68-110-102. The hearing will
be conducted in the manner prescribed by the Uniform Administrative Procedures
Act, Tennessee Code Annotated, Section 4-5-204 and will take place in the
Magnolia Room, Ground Floor of the Cordell Hull Building located at 425 5th Avenue
North,Nashville, Tennessee at 9:00 AM on the 22nd day of September, 1999.
All questions shall be addressed in writing and presented at the hearing for
consideration.
Any individuals with disabilities who wish to participate in these
proceedings should contact the Division of General Environmental Health to discuss any
auxiliary aids of services needed to facilitate such participation. Such
initial contact may be made no less than ten (10) days prior to the scheduled
meeting date, to allow time for the Division of General Environmental Health to
determine how it may reasonably provide such aid or service. Initial contact
may be made with the Division of General Environmental Health ADA Coordinator at
6th Floor Cordell Hull Building, Nashville, Tennessee and (615) 741-7206.
For a copy of this notice of rulemaking hearing, contact: Richard A.
Johnson, Division of General Environmental Health, 6th Floor Cordell Hull Building,
Nashville, Tennessee 37247-3901, (615) 741-7206.
TABLE OF CONTENTS
1200-23-3-.01 Definitions
1200-23-3-.02 Prohibited Acts
1200-23-3-.03 Minimum Standards for Tattoo Establishments
1200-23-3-.04 Tattoo Operation
1200-23-3-.05 Establishment Permitting and Inspection System
1200-23-3-.06 Tattoo Artist License
1200-23-3-.07 License and Permit Fees
1200-23-3-.08 Loss of Permit Document
1200-23-3-.09 General Provisions
1200-23-3-.01 DEFINITIONS
(1) "Antibacterial solution" means any solution used to retard the growth of
bacteria approved for the application to human skin and includes all
products so labeled.
(2) "Antiseptic" means a substance that will inhibit the growth and
development of microorganisms without necessarily destroying them. [*41]
(3) "Approved" means being accepted by the Commissioner or local health
officer, as appropriate under the law.
(4) "Aseptic technique" means to render or maintain free from infectious
material.
(5) "Autoclave" means a device which automatically holds the temperature,
pressure, and time for the purpose of sterilization.
(6) "Autoclave indicator" means chemical detection strips, markers, or tape.
(7) "Biohazardous waste" means "regulated waste" (see definition No. 46).
(8) "Blood" means human blood, human blood components, and products made
from human blood.
(9) "Bloodborne pathogens" means pathogenic microorganisms present in human
blood that can cause disease in humans. These pathogens include, but are not
limited to, Hepatitis B virus (HBV) and human immunodeficiency virus (HIV).
(10) "Chemical detection strips, markers or tape" means the use of detection
devices placed on items for sterilization to facilitate in determining that
the item has been subjected to steam sterilization process.
(11) "Client" means any person desiring to receive a tattoo.
(12) "Commissioner" means the Commissioner of the Department of Health.
(13) "Contaminated" means the presence or the reasonably anticipated
presence of blood or other potentially infectious materials on an item or surface.
(14) "Contaminated laundry" means laundry which has been soiled with blood
or other potentially infectious materials or which may contain sharps.
(15) "Contaminated sharps" means any contaminated object that can penetrate
the skin including, but not limited to, needles, scalpels, or broken glass.
(16) "Critical item(s)" means those aspects of operation or conditions
which, if in violation, constitute the greatest hazards to health and safety,
including imminent health hazards. Critical violations shall include the following:
(a) autoclave does not meet minimum time, pressure or temperature
requirements;
(b) lack of a monthly negative spore or microbiological monitoring test for
quality control;
(c) nondisposable tubes and needles are not sterilized or were sterilized
greater than one (1) year ago;
(d) work room is not equipped as required or is not stocked;
(e) reuse of single use articles;
(f) sterile instruments are not properly handled;
(g) reusable instruments are not handled properly;
(h) employees with infectious lesions on hands not restricted from
tattooing; [*42]
(i) employees not practicing proper cleanliness and good hygiene practices;
(j) water supply not approved, hot and cold running water under pressure not
available;
(k) approved sewage and liquid waste disposal not available;
(l) cross connection allowing back-siphonage present in plumbing system;
(m) toilet and hand washing facilities not available for employees;
(n) insect and rodent evidence, harborage, or outer opening present; or
(o) toxic items not properly store, labeled, or used.
(17) "Decontamination" means the use of physical or chemical means to remove,
inactivate, or destroy bloodborne pathogens on a surface or item to the
point where they are no longer capable of transmitting infectious particles and
the surface or item is rendered safe for handling, use, or disposal.
(18) "Department" means the Department of Health.
(19) "Disinfectant" means a solution intended to destroy or inactivate
specific viruses, bacteria, or fungi on clean, inanimate surfaces [e.g., 1:10 bleach
solution] or commercially labeled disinfectant.
(20) "Easily cleanable" means that surfaces are readily accessible and made
of such materials and finish and so fabricated that residue may be effectively
removed by normal cleaning methods.
(21) "Engineering controls" mean controls (e.g., sharps disposal containers)
that isolate or remove the bloodborne pathogens hazard from the workplace.
(22) "Exposure incident" means a specific eye, mouth, other mucous membrane,
non-intact skin, or parenteral contact with blood or other potentially
infectious materials that results from the performance of an employee's
duties.
(23) "Extensively remodeled" means alteration to affect the increase or
decrease of floor space or the alteration of walls in a work area.
(24) "Germicide" means an agent that kills pathogenic microorganisms.
(25) "Germicidal solution" means any solution which destroys microorganisms
and is so labeled.
(26) "Handwashing facilities" means a facility providing an adequate supply
of running potable water, soap dispenser, soap, and single use towels or
automatic dryer.
(27) "Health officer" means an individual appointed by the Commissioner
pursuant to T.C.A. 68-2-603.
(28) "Imminent health hazard" means any condition, deficiency, or practice,
as defined by the health officer, which, if not corrected, is very likely to
result in illness, injury, or loss of life to any person.
(29) "Infectious waste" means "regulated waste" (see definition No. 46).
(30) "Law" means any applicable provision of the State of Tennessee statutes
and rules of any department or agency. [*43]
(31) "License" means the issuance of a license to perform tattooing to any
individual, partnership, firm, or corporation. "License" further means to
allow or authorize any person who has satisfactorily completed all requirements
set forth by law or by the local health officer to engage in the practice or
business of tattooing.
(32) "Local health department" means the agency defined in T.C.A. 68-2-601 et.seq.
(33) "Microbiological monitoring for quality control" means the use of a
standard spore, Bacillus stearothermophilus, to challenge the sterilization
process.
(34) "Occupational exposure" is synonymous with "exposure incident" (see
definition No. 21).
(35) "Other potentially infectious material" means the following human body
fluids: semen, vaginal secretions, saliva, and any body fluid visibly
contaminated with blood.
(36) "Owner/Operator" means the applicant, permittee, or other person or
persons in charge of a facility.
(37) "Parenteral" means piercing mucous membranes or the skin barrier
through such events as needle sticks, human bites, cuts, and abrasions.
(38) "Patron or customer" is synonymous with "client" (see definition No. 11).
(39) "Percutaneous" means infectious materials may enter the body through
compromised skin surfaces (e.g., needle sticks, acne, cuts, lesions).
(40) "Permit" means the issuance of a permit to a tattoo studio or
establishment to allow or authorize a tattoo establishment to be operated for the purpose
of engaging in the practice or business of tattooing.
(41) "Person" means tattoo operator and/or any individual, partnership,
firm, corporation, agency, municipality, or state or political subdivisions, or
the federal government and its agencies and departments, depending on the
context within the rules.
(42) "Personnel" means the permit holder, any person who tattoos,
individuals having supervisory or management duties, or any other person employed or
working in a tattoo establishment. This individual may or may not be a tattoo artist.
(43) "Person in charge" means the individual present in a tattoo
establishment who is the apparent supervisor at the time of inspection, or, if no
individual is the apparent supervisor, then any employee present.
(44) "Personal protective equipment" means specialized clothing or
equipment, such as gloves or lapcloth, worn by an employee for protection against a
hazard. General work clothes not intended to function as protection against a hazard
are not considered to be personal protective equipment.
(45) "Potable water" means water that is safe for drinking.
(46) "Regional Health Director" means an individual who directs the
operations of a Tennessee Department of Health Region or the Regional Director's
designee.
(47) "Registration" means license or permit, as applicable. [*44]
(48) "Regulated waste" means liquid or semi-liquid blood or other potentially infectious materials, contaminated items that would release blood, or other
potentially infectious materials in a liquid or semi-liquid state, if compressed,
and contaminated sharps.
(49) "Safe materials" means articles manufactured and used in accordance with law.
(50) "Sanitary" means clean and free of agents of infection.
(51) "Sanitization" means an effective germicidal treatment by a process
that provides enough accumulative heat or concentration of chemicals for enough
time to reduce the microorganism level, including pathogens, to a safe level on
utensils and equipment.
(52) "Sewage" means human excreta, all water carried waste, and household
wastes from residences, buildings, or commercial and industrial establishments.
(53) "Single use" means a disposable item that is used one (1) time on one
(1) client and then is properly disposed of by appropriate measures.
(54) "Solid waste" means refuse, garbage, trash, rubbish, and any other
item(s) which could cause an unsanitary condition or undesirable health and safety
conditions.
(55) "Sterilization" means holding in an autoclave for fifteen (15) minutes,
at fifteen (15) pounds pressure, at a temperature of two hundred fifty degrees
(250 [degrees]F) Fahrenheit or one hundred twenty-one degrees (121 [degrees]C)
Celsius.
(56) "Tattoo" means any method of placing designs, letters, figures,
symbols, cosmetics, or any other marks under the skin of a person using ink or color
with the aid of needles or instruments.
(57) "Tattoo artist" means any person, regardless of age, who engages in the
practice/service of tattooing regardless of the type of tattoo or area to be
tattooed.
(58) "Tattoo artist registration" means the issuance of a State license
authorizing the person named thereon to engage in the practice/service of
tattooing in the State of Tennessee after fulfilling the requirements in
T.C.A. Title 62, Chapter 38 and these rules.
(59) "Tattoo establishment" means any room or space where tattooing is
performed or where the business of tattooing, or any part thereof, is conducted. The
term is synonymous with "tattoo parlor" and "tattoo studio".
(60) "Tattoo operator" means any person who controls, operates, conducts, or
manages any tattoo studio, whether actually engaging in tattooing or not.
(61) "Tattoo parlor" means "tattoo establishment" (see definition No. 57).
(62) "Tattoo studio" means any room or space where tattooing is practiced or
where the service of tattooing is performed.
(63) "Universal precautions" means treating all blood and body fluids as if
they contain bloodborne pathogens and taking proper precautions to prevent the
spread of any bloodborne pathogens.
(64) "Utensil" means any implement, tool, or other similar device used in
the storage, preparation, operation, or processing of a tattoo. [*45]
(65) "Waste" means solid waste, sewage, blood and body fluids or other waste
resulting from the operation of a tattoo studio.
(66) "Work area" means an area where clients are tattooed.
(67) "Work practice controls" means controls that reduce the likelihood of
exposure by altering the manner in which a task is performed.
(68) "Work station" means a work area (see definition No. 64).
Authority: T.C. A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.02 PROHIBITED ACTS
(1) No person under the age of eighteen (18) years shall tattoo another
person.
(2) No person shall tattoo another person who is under the influence of
drugs or alcohol.
(3) No person shall tattoo another person who is under the age of eighteen
(18) years. However, a minor sixteen (16) years or older may be tattooed with the
written consent of a parent or legal guardian to cover up an existing
tattoo, and a parent or legal guardian of such minor shall be present during the
procedure.
(4) No person shall tattoo any site in which the skin surface exhibits any
evidence of unhealthy conditions.
(5) No person except a duly licensed physician shall remove or attempt to
remove any tattoo.
(6) During all studio operating hours, tattooing for shall not be performed
unless there is a currently licensed tattoo artist present in the facility.
Authority: T.C.A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.03 MINIMUM STANDARDS FOR TATTOO ESTABLISHMENTS
(1) Each studio where tattoos are administered shall provide a work area
separate from observers or visitors. A work area shall have a sink equipped
with hot and cold running water for handwashing and cleaning instruments, apart
from a bathroom sink.
(2) Each tattoo establishment shall be equipped with an autoclave or steam
sterilizer, a sterilizing device capable of meeting the standard for
sterilization as defined in 1200-23-3-.01(53). The autoclave shall be used
to sterilize all nondisposable or reusable tattooing equipment.
(3) Each location shall have the facilities to properly dispose of all waste
material. All materials (e.g., needles) must be disposed of in accordance
with the Code of Federal Regulations, Title 29, Part 1910, Occupational Safety
and Health Act, Bloodborne Pathogens and/or accepted universal precaution
guidelines.
(4) The use of common towels is prohibited. Handsinks shall be equipped with
a soap dispenser and single use towels. [*46]
(5) Water Supply.
(a) Enough potable water for the needs of the tattoo studio shall be
provided from a source constructed and operated according to law.
(b) Sewage. All sewage, including liquid water, shall be disposed of by a
public sewerage system or by a sewerage disposal system constructed and operated
according to law.
(c) Plumbing. Plumbing shall be sized, installed, and maintained according
to law. There shall be no cross-connection between the potable water supply and
any other water supply or other source of contamination.
(6) Toilet Facilities.
(a) Toilet installation. Toilet facilities shall be designed, installed, and
maintained according to law. There shall be sufficient toilet rooms and/or
toilet fixtures to accommodate clients and operators.
(b) Toilet rooms. Toilet rooms opening directly into work or customer
waiting areas shall be completely enclosed and shall have tight-fitting, solid
doors, which shall be closed except during cleaning or maintenance.
(c) Toilet fixtures. Toilet fixtures shall be kept clean and in good repair.
A supply of toilet tissue shall be provided at each toilet at all times.
Easily cleanable receptacles shall be provided for waste materials. Toilet rooms
shall have at least one covered waste receptacle.
(7) Lavatory Facilities.
(a) Lavatory installation. Lavatory facilities shall be designed, installed,
and maintained according to law. Facilities shall be of sufficient number and
location to permit convenient use by clients and operators.
(b) Lavatory faucets. Each lavatory shall be provided with hot and cold
water tempered by means of a mixing valve or combination faucet. Any self-closing,
slow-closing, or metering faucet used shall be designed to provide a flow of
water for at least 15 seconds without the need to reactivate the faucet.
(c) Lavatory supplies. A soap dispenser and a supply of antiseptic,
hand-cleaning soap or detergent shall be available at each lavatory. A
supply of single use sanitary towels or a hand-drying device providing heated air
shall be conveniently located near each lavatory. If disposable towels are used,
easily cleanable waste receptacles shall be conveniently located near the
handwashing facilities.
(d) Lavatory maintenance. Lavatories, soap dispensers, hand-drying devices,
and all related fixtures shall be kept clean and in good repair.
(8) Solid Waste
(a) Containers.
1. Garbage and refuse shall be kept in durable, easily cleaned containers
that do not leak and do not absorb liquids. Containers shall be kept in a clean
and sound condition and disposed of according to law. [*47]
2. Containers used in work areas shall be kept covered when not in use and
after they are filled.
3. There shall be a sufficient number of containers to hold all the garbage
and refuse that accumulates.
(b) Garbage and refuse shall be disposed of at such frequency to prevent the
development of odor and the attraction of insects, rodents, or vermin.
(c) Disposal of infectious waste such as blood, fluids, used inks, or other
liquid waste may be deposited directly into a drain connected to a sanitary
sewer system. Disposable needles, scalpels, or other sharp items shall be
placed intact into puncture-resistant containers with a biohazard label before
disposal. Filled sharps containers shall be considered regulated waste and
must be disposed of in accordance with Solid Waste Processing and Disposal
Regulations (1200-1-7).
(d) Waste potentially contaminated with small amounts of blood or other
infectious body fluids (e.g., gauze, wipes, disposable lap cloths), which do
not meet the definition of regulated waste, shall be placed in sealed,
impervious bags to prevent leakage of the contained items. These bags shall be of
sufficient strength to prevent breakage or leakage and shall not contain any
sharps. The waste bags shall be containerized and disposed of in an approved
sanitary landfill.
(9) The premises shall be kept in such condition as to prevent the entrance,
harborage, or feeding of insects, rodents, or vermin.
(10) Floors
(a) Floor construction. Floors and floor coverings of all work areas,
dressing rooms, locker rooms, toilet rooms and vestibules shall be constructed of
smooth, nonabsorbent, durable material and maintained in good repair. Carpeting, if
used as a floor covering, shall be of closely woven construction, properly
installed, easily cleanable, and maintained in good repair. Carpeting is allowed in
work areas, dressing rooms, locker rooms, and toilet rooms. Carpeted flooring
around the operating chair and work table in the work area must be covered by vinyl
or rubber sheeting or mats so as to preclude any spillage that may occur during
the tattoo operation.
(b) Mats. Mats shall be of nonabsorbent, grease resistant materials and of
such size, design, and construction as to facilitate their being easily
cleanable.
(11) Walls and Ceilings
(a) Maintenance. Walls and ceilings, including doors, windows, skylight, and
similar closures shall be constructed of smooth, nonabsorbent, durable
material and be maintained in good repair.
(b) Attachments. Light fixtures, vent covers, wall-mounted fans, and similar
equipment attached to walls and ceilings shall be easily cleanable and
maintained in good repair.
(12) Physical Facilities. Floors, mats, walls, ceilings, and attached equipment
and decorative materials shall be kept clean.
(13) Lighting
(a) Permanently fixed artificial light sources shall be installed to provide
at least 50 foot candles of light on all work area surfaces and at equipment
washing work levels. [*48]
(b) Permanently fixed artificial light sources shall be installed to provide
at a distance of 30 inches from the floor at least 10 foot candles of light in
all other areas.
(14) Ventilation. All rooms shall have sufficient ventilation to keep them free
of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and
fumes.
(15) Living areas. No operation of a tattoo establishment shall be conducted
in any room used as living or sleeping quarters.
(16) Poisonous or Toxic Materials
(a) Materials permitted. There shall be present in the tattoo studio only
those poisonous or toxic materials necessary for maintaining the establishment and
cleaning or sanitizing equipment, as well as controlling insects and
rodents.
(b) Labeling of materials. Containers of poisonous or toxic materials shall
be prominently and distinctly labeled according to law for easy identification
of contents.
(c) Toxic items shall be separated from other forms of materials used in the
process of tattooing.
(17) Premises
(a) Tattoo establishments shall be kept neat, clean, and free of litter and
rubbish.
(b) Only articles necessary for the operation and maintenance of the tattoo
establishment shall be stored on or within the establishment.
(18) Animals. Live animals of all species shall be excluded from within the
tattoo studio operational premises and from adjacent areas within the facility
under the control of the permit holder. However, this exclusion does not
apply to fish in aquariums. Service animals accompanying blind or deaf persons
shall be permitted in the establishment.
(19) Equipment and Utensils
(a) Materials
1. Multi-use equipment and utensils shall be constructed and repaired with
safe materials, including finishing materials; they shall be corrosion resistant
and nonabsorbent; and they shall be smooth, easily cleanable, and durable under
conditions of normal use. Single-service articles shall be made from clean,
sanitary, and safe materials.
2. Re-use of single service articles is prohibited.
(b) Design and Fabrication
1. General. All equipment and utensils, including plasticware, shall be
designed and fabricated for durability under conditions of normal use and shall be
resistant to denting, buckling, pitting, and chipping.
(i) Tattooing and operational surfaces shall be easily cleanable, smooth,
and free of breaks, open seams, cracks, chips, pits, and similar imperfections,
as well as free of difficult-to-clean internal corners and crevices. [*49]
(ii) Sinks and drain boards shall be self-draining.
2. Non-tattooing or operational surfaces. Surfaces of equipment not intended
as operational surfaces, but which are exposed to splash or debris or which
otherwise require frequent cleaning, shall be designed and fabricated to be
smooth, washable, free of unnecessary ledges, projections, or crevices and
readily accessible for cleaning. Such surfaces shall be of material and in
such repair as to be easily maintained in a clean and sanitary condition.
3. Needles, needle bars, dyes, or pigments shall be designed and
manufactured for the sole purpose of tattooing.
(20) Aisles and working spaces. Aisles and working spaces between units of
equipment and walls shall be unobstructed and of sufficient width to permit
employees to perform their duties readily without contamination of equipment
or of operational surfaces by clothing or personal contact.
(21) Work Area. The work room is to be equipped or stocked in the following
manner:
(a) a minimum of six (6) sterilized needles, six (6) needle bars, and six
(6) needle tubes;
(b) a minimum of one extra package of disposable towels other than the
package that is being used;
(c) a minimum of one extra box of disposable gloves other than the box being
used; and
(d) an extra supply of bandages, ointment or gel, and antibacterial soap.
Authority: T.C. A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.04 TATTOO OPERATION
(1) Universal precautions, as defined in these rules, shall be observed to
prevent contact with blood or other potentially infectious materials.
Employees shall be trained in universal precautions.
(a) Assume all human blood, plasma, serum, body fluids (semen, saliva,
breast milk, vaginal secretions and any fluid contaminated with blood) and tissues
to be contaminated with Human Immunodeficiency Virus (HIV) and/or Hepatitis
viruses (e.g., HBV).
(b) The most susceptible route of occupational infection for HIV and HBV is
by accidental needle sticks, contamination of the mucous membranes, or through
broken, abraded, or irritated skin. Use appropriate caution and maximum
protection to prevent such contact.
(c) Proper decontamination procedures, emergency biohazard spill management,
and proper use of biosafety equipment shall be utilized.
(d) Use aseptic technique. Thorough hand washing is essential after client
contact, after handling blood and body fluids, after wearing gloves, and
prior to exiting the work area.
(e) Needles and needle bar assemblies shall be sterilized prior to use. It
is permissible to use sterilized disposable needles and disposable needle bar
assemblies for tattooing.
(f) Nondisposable needle and nondisposable needle bar assemblies shall be
soaked in a disinfectant solution for a minimum of thirty (30) minutes prior to
removing the needle. Do not remove a used needle from [*50] a needle bar
by hand. Needles shall be removed from needle bars through the use of gloves
and pliers or similar means to prevent accidental puncture. Dispose of needles
and other sharps in puncture proof, autoclavable containers, or disposable
biohazard containers.
(g) After soldering a new needle to the needle bar, the completed assembly
(needle and needle bar) shall be sterilized.
(h) All regulated wastes shall be disposed of in labeled, manufacturer's
color-coded waste containers.
(i) A spill kit (bleach, leak proof container, paper towels, gloves, spray
bottle) is to be used to clean up infectious material spills. Small spills
can be wiped up, after donning protective gloves, with paper towels and sprayed
with freshly made ten percent (10%) bleach solution.
(j) Clean all work areas and equipment used in handling human biohazardous
materials with proven disinfectant (e.g., 10% dilution of bleach) when
concluding work to protect personnel from accidental infection.
(k) Eating, drinking, smoking, and applying cosmetics or lip balm are not
permitted in the work area. Food shall be stored in cabinets or
refrigerators designated and used for this purpose only. Food storage cabinets or
refrigerators shall be located outside the work area.
(l) All procedures shall be performed carefully to minimize the creation of
aerosols.
(m) Report all work related accidents, incidents, and unexplained illnesses
to your supervisor and/or physician immediately.
(n) Used gloves shall be removed after each operation and prior to
contacting work surfaces, door knobs, wall switches, or telephones. Dispose of used
gloves in a bagged, trash container.
(2) Personnel of a tattoo establishment
(a) The tattoo establishment operator shall make available, at no cost to
the personnel, Hepatitis B vaccination series, as well as any routine booster
dose(s) to every person who may have occupational exposure to blood or other
potentially infectious material. For new personnel the vaccine shall be made
available within ten (10) working days of initial work assignment.
(b) Personnel who decline to accept the Hepatitis B vaccination series must
sign a form indicating their refusal.
(c) The outer clothing of all personnel shall be clean.
(d) Each tattoo artist shall use a single use lap cloth.
(e) Tattoo artist/operators shall wash their hands with antiseptic soap
before and after treating each client (i.e., before glove placement and after glove
removal) and after barehanded touching of inanimate objects likely to be
contaminated by blood, saliva, or respiratory secretions. Hands shall be
washed after removal of gloves, smoking, eating, drinking, or using the toilet.
(f) Tattoo artist/operators who have exudative lesions or weeping
dermatitis, particularly on the hands, shall refrain from all direct client contact and
from handling equipment until the condition resolves. [*51]
(g) Personnel shall consume food only in approved, designated areas. There
shall be no eating or drinking in the operation area of the establishment.
(h) Personnel shall not use tobacco in any form while engaged in the
operation or process of tattooing, nor while in areas used for equipment or utensil
washing. Personnel shall use tobacco only in approved, designated areas.
(i) Personnel shall maintain a high degree of personal cleanliness and shall
conform to good hygienic practices during all working periods in tattoo studios.
(3) Implementation of infection-control practices
(a) Disposable latex or vinyl examination gloves shall be worn by a tattoo
artist at all times while administering any tattoo. Gloves shall be changed
and properly disposed of each time there is an interruption in the application
of a tattoo, or whenever their ability to function as a barrier is compromised.
Gloves shall be changed between clients and used gloves shall be properly
disposed of as provided in these rules.
(b) Only single use supplies (or sterilized equipment) may be used to apply
a tattoo and shall be disposed of after each tattoo. This subsection includes
single use disposable razors; single use towels or wipes; lubricants removed
from a collapsible tube; and single use paper stencils or plastic stencils
soaked in a germicidal solution. If the design is drawn directly onto the
skin, it shall be applied only with a single use article. Single use or individual
portions of dye and ink pots or trays shall be used. After tattooing, single
use items, dyes, and containers shall be discarded and the tattoo work area
disinfected.
(c) When it is necessary to shave the area to be tattooed, a new blade for
each patron or customer shall be used when a safety razor is employed, and the
permanent part of such razor shall be treated as hereinafter set forth for
the care of the straight razor or disposable safety razor. If a straight razor
is used, it shall be cleaned with soap and water, rinsed in clear water, and
then sterilized in an autoclave.
(d) A sterile set of needles, needle bar, and tube shall be used for each
patron or customer. Dried inks and other materials on instruments must be removed
by either ultrasonic cleanser or by soaking in either detergent or disinfectant
solution followed by rinsing in clean water prior to sterilization.
(e) All tubes, needles, and needle bars shall be sealed for individual
client use in autoclave bags with a chemical or autoclave indicator and date (month
and year) of sterilization clearly visible. After tattooing, used non-disposable
instruments such as tubes shall be kept in a separate, puncture resistant
container until properly cleaned, disinfected, and sterilized using
universal precautions and recognized medical methods. The needle tube of the tattooing
machine shall be cleaned and sterilized in a similar method after use.
(f) Microbiological monitoring for adequate functioning of each autoclave
will be done at least monthly using a commercial source of Bacillus
stearothermophilus which is then tested in an accredited commercial
laboratory. All laboratory reports will be logged and kept for two years and shall be
available for inspection.
(g) Upon notification of a positive microbiological monitoring report
(detection of viable spores), the sterilizer shall be immediately checked for proper
use and function. A repeat test shall be performed within three (3) days. Upon a
subsequent positive result from a repeat test, discontinue use of the
sterilizer until properly serviced and a negative result obtained. [*52]
(h) Sterilizer indicator tape and/or sterilizer bags with indicator tape
areas which change color will be used with all items sterilized to indicate the
item has been autoclaved. All items shall be marked with the date of
sterilization.
(i) Sterilized items in the sealed, autoclaved bags shall be stored in a
clean, dry place, until used, for no more than one (1) year.
(j) Sterilization indicators must change color or discontinue use of
autoclave until a negative spore sample is obtained.
(k) The requirement for an autoclave shall be exempt in cases where there is
only the use of manufactured, pre-sterilized single use, preassembled needle
and needle bar, disposable needles, needle bars and needle tubes and similar
tattooing equipment, and/or the use of no other equipment or tools requiring
sterilization.
(4) Minimum standards for tattooing
(a) After shaving the area to be tattooed, or if the area does not need to
be shaved, the site of the tattoo shall be cleaned with soap and water, rinsed
with clean water, and germicidal solution applied or wiped with alcohol in a
sanitary manner before the design is placed on the skin.
(b) Single-use towels or gauze shall be used in preparing the site to be
tattooed and shall be disposed of after use on each patron or customer. The
use of roll-on or stick deodorants for tattoo site preparation is prohibited.
(c) Excess dye applied to the skin shall be removed with single-use gauze
pads, towels, or cotton only. The entire site shall be covered with a sterile
gauze dressing or telfa pad.
(d) The stencil for transferring the design to the skin shall be maintained
in a clean, sanitary condition.
(e) Records showing the date of the client's visit, printed name, signature,
address, age, design of the tattoo, its location on the body, and
tattooist's name shall be kept on the establishment premises for a minimum of 2 years.
(f) After each tattooing, written instructions shall be given to each patron
or customer on the care of the skin of the tattooed site to prevent infection.
A copy of these instructions shall be posted in a conspicuous place in the
tattoo establishment, clearly visible to the customer or patron being tattooed.
These instructions shall include, but are not limited to, bandaging, cleaning, sun
exposure, scratching, and wearing of clothing over or around the tattoo site.
Authority: T.C.A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.05 ESTABLISHMENT PERMITTING AND INSPECTION SYSTEM
(1) Application Procedures
(a) Any person planning to operate a tattoo establishment shall obtain a
written application for a permit on a form provided by the local health officer
through the local county health department prior to operating a tattoo
establishment. A new or initial application is required for tattoo establishments that have
not previously been permitted or for instances when ownership changes. [*53]
(b) The local health department shall issue a tattoo establishment permit
1. after an inspection of the proposed facility reveals that the facility is
in compliance with requirements of these rules and
2. upon receiving a completed application with applicable fees.
(2) Inspection results - Reporting and Scoring
(a) Inspection results for tattoo establishments shall be recorded on
standard departmental forms which summarize the requirements of the law and rules and
regulations.
(b) The scoring system shall include a weighted point value for each
requirement in which critical items are assigned values of either four (4) or five (5)
points, with less critical items having assigned values of either one (1) or
two (2) points.
(c) The rating score of the facilities shall be the total of the weighted
point values for all violations subtracted from one hundred (100).
(3) Violation Correction
(a) In accordance with T.C.A. @ 62-38-202, correction of critical and minor
violations shall be within seven (7) and fourteen (14) calendar days,
respectively.
(b) Upon declaration of an imminent health hazard by the local health
officer acting consistent with the provisions of T.C.A. @ 68-2-608(b), the health
officer shall issue an order requiring the facility to immediately cease
operations until authorized to reopen. In the event of any such closure
order, the operator shall be afforded an opportunity for a hearing, if requested by
the operator, as promptly as is reasonable under the circumstances.
(c) In the case of temporary tattoo facilities, all violations shall be
corrected within twenty-four (24) hours. If violations are not corrected
within twenty-four (24) hours, the establishment shall immediately cease tattoo
operation until authorized to resume by the local health officer or his duly
authorized representative. Upon declaration of an imminent health hazard by
the local health officer acting consistent with the provisions of Tennessee Code
Annotated, Section 68-2-608(b), the health officer shall issue an order
requiring the facility to immediately cease operations until authorized to
reopen. In the event of any such closure order, the operator shall be
afforded an opportunity for a hearing, if requested by the operator, as promptly as
is reasonable under the circumstances.
(4) The inspection report shall state that failure to comply with any time
limits for correction may result in cessation of operations. An opportunity
for a hearing concerning the inspection and/or inspection report and/or on the
ordered corrective action will be provided, if written request is filed with
the local health department in the county of the affected establishment within
ten (10) calendar days following the inspection. If a request for a hearing is
received, a hearing shall be held within a reasonable period of time after
receipt of the request. In the event of a cessation order, the hearing shall
be held as promptly as is reasonable under the circumstances. The decision of
the local health officer shall be final.
(5) If a second violation of any critical(identical or otherwise) is
committed within the period of one (1) year (calendar or otherwise), the tattoo studio
shall be subject to a civil penalty of up to five hundred dollars ($ 500)
and the tattoo studio's permit may be revoked. [*54]
(6) Permit Revocation
(a) After providing an opportunity for a hearing, the local health officer
or his duly authorized representative may revoke a permit for serious or
repeated violations of requirements of this part or for interference with the local
health department personnel in the performance of their duties. The
violation of three (3) or more critical items within a twelve (12) month period may
result in revocation of the tattoo establishment permit.
(b) Prior to revocation, the local health officer or his duly authorized
representative shall notify, in writing, the permittee of the specific
reason(s) for which the permit is to be revoked, and that the permit shall be revoked
at the end of ten (10) days following service of such notice unless a written
request for a hearing is filed with the local health officer within such
ten-day period. If no request for a hearing is filed within the ten-day period, the
revocation of the permit shall become final.
(5) License Revocation
(a) After providing an opportunity for a hearing, the local health officer
or his duly authorized representative may revoke an artist or operator's
license for serious or repeated violations of requirements of this part or for
interference with the local health officer or his duly authorized
representative in the performance of his duty.
(b) Prior to revocation, the local health officer or his duly authorized
representative shall notify, in writing, the licensee of the specific
reason(s) for which the license is to be revoked, and that the license shall be
revoked at the end of ten (10) days following service of such notice, unless a written
request for a hearing is filed with the local health officer within such
ten-day period. If no request for hearing is filed within the ten-day period, the
revocation of the license becomes final.
(c) When an tattoo artist or operator's license is revoked by the local
health officer, a new license shall be issued upon meeting all requirements for a
new license and the submission of a new application with applicable fees.
(8) Failure to correct critical and minor or non-critical violations within
the period specified in accordance with T.C.A. @ 62-38-202 shall subject the
operator to civil penalties. The penalties shall be assessed upon
notification that the violations had not been corrected prior to the follow-up
inspection. The assessed fines shall be one hundred dollars ($ 100) for a critical
violation and twenty-five dollars ($ 25) for a minor or a non-critical violation.
(9) Whenever a facility is required under this section to cease operations,
it shall not resume operations until it is shown on re-inspection that
conditions responsible for the order to cease operations no longer exist. Opportunity
for re-inspection shall be offered within a reasonable time by the local health
officer.
(10) Any suspension or revocation may be appealed to the local health
officer who shall then conduct a hearing of such appeal in accordance with the
Uniform Administrative Procedures Act in Title 4 of the Tennessee Code Annotated.
The decision made by the local health officer concerning the appeal may be
appealed to the commissioner, such appeal to the commissioner being limited to the
issue of determining whether a material error of law was made at the hearing level.
(11) Submission of plans and specifications - Review - Approval.
(a) No tattoo establishment shall be constructed, extensively remodeled, or
converted except in accordance with plans and specifications approved by the
local health department or its duly authorized representative. [*55]
(b) Whenever a tattoo establishment is constructed or extensively remodeled
and whenever an existing structure is converted to use as a tattoo
establishment, plans and specifications shall be submitted to the local health department
for review and approval before construction, remodeling, or conversion is begun.
The plans and specifications shall indicate the proposed layout arrangement,
mechanical plans, construction materials, work areas, and the type and model
of proposed fixed equipment and facilities. The local health department shall
approve the plans and specifications, if they meet the requirements of the
law, rules, and regulations.
Authority: T.C.A. @@ 4-5-202, 62-38-201 et seq., 68-1-103, and 68-2-608.
1200-23-3-.06 TATTOO ARTIST LICENSE
(1) Apprentice Tattoo Artist
(a) Any tattoo artist not in business or operating prior to October 1, 1996,
shall be required to obtain an apprentice license. Proof of business may be
a copy of a business license, tax records, copy of another state's tattoo
artist license, or other similar city, county, state, or federal documents which
show the prospective applicant as having been in business or operating prior to
October 1, 1996. The local health officer shall have final approval on other
forms of documentation submitted as evidence or proof.
(b) A tattoo apprentice artist license shall be issued upon meeting the
requirements of 1200-23-3-.06(1) and submitting an application with the
appropriate fee.
(2) A tattoo operator or tattoo artist shall undergo a training program
before receiving a permit either to operate a tattoo establishment or to apply a
tattoo. The training shall include at least one of the following:
(a) the Alliance of Professional Tattooist course in sterilization;
(b) an approved local or state health department program;
(c) a course approved by the local health department in methods and
techniques for the proper sterilization of instruments and materials used in tattooing;
or
d) present acceptable evidence of having satisfactorily completed an
approved course of instruction in sterilization techniques and methods through a
college medical sterilization course.
(3) The tattoo operator and/or tattoo artist shall be required to take and
pass an examination concerning the provisions of T.C.A. Title 62, Chapter 38
before a license shall be issued. Such examination shall be either a written exam
prescribed by the local health department or documentation of a similar exam
given with a course as required in 1200-23-3-.06(2)(a)(c), or (d). After
passing such examination and complying with the other provisions of the law and
these rules, a license shall be issued.
(4) The tattoo artist license shall be issued upon proof of
(a) having passed a written examination as specified in 1200-23-3-.06(3)
and/or 1200-23-3-.06(2) and
(b) having submitted an application with the appropriate fee.
(5) Any individual desiring to tattoo who is a licensed physician or any
person under the supervision of a licensed physician shall be exempt from the
requirements of these regulations. In order to receive such exemption, a
person, [*56] other than a licensed physician, shall submit a letter stating that
any and all tattooing is performed under the supervision of a licensed physician
and such letter shall be signed by the supervising physician and shall be
notarized.
Authority: T.C. A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.07 LICENSE AND PERMIT FEES
(1) As written, the law uses the terms "license" and "permit"
interchangeably. For example, the law refers to the tattoo artist as being
issued a license, but further refers to the tattoo artist as having to pass
an examination to receive a permit. Consequently, the Department of Health has
determined that individuals shall be issued licenses and that a tattoo
operation shall be issued a permit.
(2) License Fees
(a) A Tattoo Artist and an Apprentice Artist shall be assessed an initial
licensing fee and a renewal licensing fee of fifty dollars ($ 50.00) each.
(b) A Tattoo Operator shall have an initial license fee and an annual
renewal license fee of twenty-five dollars ($ 25.00) each.
(c) A late penalty fee of twenty-five dollars ($ 25.00) shall be assessed on
all artist license renewal applications which are postmarked after January 31st
of each licensing year.
(d) A Temporary Artist shall pay a temporary artist license fee of fifty
dollars ($ 50.00).
(3) Permit Fees
(a) A Tattoo establishment shall be assessed an initial fee and a renewal
permit fee of one hundred dollars ($ 100.00) each.
(b) A Temporary tattoo establishment shall be assessed a temporary permit
fee of fifty dollars ($ 50.00).
Authority: T.C. A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.08 LOSS OF PERMIT DOCUMENT
(1) Any establishment or operator that loses, misplaces, or destroys a
permit or license shall immediately apply for a duplicate, as soon as the fact becomes
apparent. The fee for the duplicate shall be three dollars ($ 3.00). This
fee shall accompany the application for such duplicate.
Authority: T.C.A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
1200-23-3-.09 GENERAL PROVISIONS
(1) Applicability. Chapter 1200-23-3 applies to tattoo artists and tattoo
establishments. All tattoo artists and tattoo establishments shall comply
with all applicable provisions of these rules at all times. [*57]
(2) Posting of permit. T.C.A. @ 62-38-206 requires posting of tattoo
establishment permits "in a conspicuous place where it may be readily
observed by the public." This shall mean a place so designated by the inspector at
the time of inspection. No person except an authorized representative of the
local health officer shall modify, remove, cover up, or otherwise make the permit
less conspicuous in any way.
(3) Severability. If any provision or application of any provision of these
rules is held invalid, that invalidity shall not affect other provisions or
applications of these rules.
Authority: T.C.A. @@ 4-5-202, 62-38-201 et seq., and 68-1-103.
The notice of rulemaking set out herein was properly filed in the Department
of State on the 22nd day of July, 1999. (07-28)
