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Wisconsin 1999-2000 Statutes
CHAPTER 252 COMMUNICABLE DISEASES
252.23 Regulation of tattooists.
(1) DEFINITIONS. In this
section:
(a) "Tattoo>" has the meaning given in s. 948.70 (1) (b).
(b) "<Tattoo> establishment" means the premises where a tattooist
performs <tattoos>.
(c) "Tattooist" means a person who <tattoos> another.
(2) DEPARTMENT; DUTY. Except as provided in ss. 250.041 and
252.241, the department shall provide uniform, statewide
licensing and regulation of tattooists and uniform, statewide
licensing and regulation of <tattoo> establishments under this
section. The department shall inspect a <tattoo> establishment once
before issuing a license for the <tattoo> establishment under this
section and may make additional inspections that the department
determines are necessary.
(3) LICENSE REQUIRED. Except as provided in sub. (5), no person
may <tattoo> or attempt to <tattoo> another, designate or represent
himself or herself as a tattooist or use or assume the title
"tattooist" and no <tattoo> establishment may be operated unless
the person and the establishment are licensed by the department
under this section or by a local health department that is
designated as the department's agent under s. 252.245.
(4) RULE MAKING. The department shall promulgate all of the
following as rules:
(a) Except as provided in ss. 250.041 and 252.241, standards
and procedures, including fee payment to offset the cost of
licensing tattooists and <tattoo> establishments, for the annual
issuance of licenses as tattooists or as <tattoo> establishments to
applicants under this section.
(b) Standards for the performance of <tattoos> by a licensed
tattooist and for the maintenance of a licensed <tattoo>
establishment, which will promote safe and adequate care and treatment for individuals who receive <tattoos> and eliminate or
greatly reduce the danger of exposure by these individuals to
communicable disease or infection.
(5) EXCEPTION. This section does not apply to a dentist who is
licensed under s. 447.03 (1) or to a physician who <tattoos> or
offers to <tattoo a person in the course of the dentist's or
physician's professional practice.
History: 1995 a. 468; 1997 a. 191, 237.
Wisconsin 1999-2000 Statutes
CHAPTER 252 COMMUNICABLE DISEASES
252.245 Agent status for local health departments.
(1) In the administration and enforcement of ss. 252.23 and
252.24, the department may enter into a written agreement with a
local health department with a jurisdictional area that has a
population greater than 5,000, which designates the local health
department as the department's agent in issuing licenses to and
making investigations or inspections of tattooists and tattoo>
establishments and body piercers and body-piercing
establishments. In a jurisdictional area of a local health
department without agent status, the department of health and
family services may issue licenses, collect license fees
established by rule under ss. 252.23 (4) (a) and 252.24 (4) (a)
and make investigations or inspections of tattooists and <tattoo>
establishments and body piercers and body-piercing
establishments. If the department designates a local health
department as its agent, the department or local health
department may require no license for the same operations other
than the license issued by the local health department under this
subsection. If the designation is made and the services are
furnished, the department shall reimburse the local health
department furnishing the service at the rate of 80% of the net
license fee per license per year issued in the jurisdictional
area.
(2) A local health department designated as the department's
agent under this section shall meet standards promulgated under
ss. 252.23 (4) (a) and 252.24 (4) (a). The department shall
annually evaluate the licensing, investigation and inspection
program of each local health department granted agent status. If,
at any time, a local health department designated as the
department's agent fails to meet the standards, the department of
health and family services may revoke its agent status.
(3) The department shall provide education and training to
agents designated under this section to ensure uniformity in the
enforcement of s. 252.23 or 252.24 and rules promulgated under s.
252.23 or 252.24
(4) Except as provided in sub. (4m), a local health department
designated as the department's agent under this section shallestablish and collect the license fee for each tattooist or
<tattoo> establishment and for each body piercer or body-piercing
establishment. The local health department may establish separate
fees for preinspections of new <tattoo> or body-piercing
establishments, for preinspections of existing establishments for
which a person intends to be the new operator or for the issuance
of duplicate licenses. No fee may exceed the local health
department's reasonable costs of issuing licenses to, making
investigations and inspections of, and providing education,
training and technical assistance to the tattooists and <tattoo>
establishments or body piercers and body-piercing establishments,
plus the state fee established under sub. (9).
(4m) A local health department designated as the department's
agent under this section may contract with the department of
health and family services for the department of health and
family services to collect fees and issue licenses under s.
252.23 or 252.24. The department shall collect from the local
health department the actual and reasonable cost of providing the
services.
(5) If, under this section, a local health department becomes
an agent or its agent status is discontinued during a licensee's
license year, the department of health and family services and
the local health department shall divide any license fee paid by
the licensee for that license year according to the proportions
of the license year occurring before and after the local health
department is designated as an agent or the agent status is
discontinued. No additional fee may be required during the
license year due to the change in agent status.
(6) A village, city or county may enact ordinances and a local
board of health may adopt regulations regarding the licensees and
premises for which the local health department is the designated
agent under this section, which are stricter than s. 252.23 or
252.24 or rules promulgated by the department of health and
family services under s. 252.23 or 252.24. No such provision may
conflict with s. 252.23 or 252.24 or with department rules.
(7) This section does not limit the authority of the department
to inspect establishments in jurisdictional areas of local health
departments that are designated as agents if it inspects in
response to an emergency, for the purpose of monitoring and
evaluating the local health department's licensing, inspection
and enforcement program or at the request of the local health
department.
(8) The department shall hold a hearing under ch. 227 if, in
lieu of proceeding under ch. 68, any interested person in the
jurisdictional area of a local health department that is
designated as the department's agent under this section appeals
to the department of health and family services alleging that a
license fee for a tattooist or tattooist establishment or for a
body piercer or body-piercing establishment exceeds the license
issuer's reasonable costs of issuing licenses to, making
investigations and inspections of, and providing education,
training and technical assistance to the tattooist or tattooist
establishment or to the body piercer or body-piercing establishment.
(9) The department shall promulgate rules establishing state
fees for its costs related to setting standards under ss. 252.23
and 252.24 and monitoring and evaluating the activities of, and
providing education and training to, agent local health
departments. Agent local health departments shall include the
state fees in the license fees established under sub. (4),
collect the state fees and reimburse the department for the state
fees collected. For tattooists or <tattoo establishments and for
body piercers or body-piercing establishments, the state fee may
not exceed 20% of the license fees established under s. 252.23
(4) (a) or 252.24 (4) (a).
History: 1995 a. 468.
Wisconsin 1999-2000 Statutes
CHAPTER 948 CRIMES AGAINST CHILDREN
948.70 Tattooing of children.
(1) In this section:
(a) "Physician" has the meaning given in s. 448.01(5).
(b) "Tattoo>" means to insert pigment under the surface of the skin of a
person, by pricking with a needle or otherwise, so as to produce an
indelible mark or figure through the skin.
(2) Subject to sub. (3), any person who <tattoos> or offers to <tattoo>
a child is subject to a Class D forfeiture.
(3) Subsection (2) does not prohibit a physician from <tattooing>
or offering to <tattoo a child in the course of his or her professional
practice.
History: 1991 a. 106.
WISCONSIN ADMINISTRATIVE CODE
* THIS DOCUMENT IS CURRENT THROUGH WIS. ADMN. REGISTER NO. 557, 05/31/02
DEPARTMENT OF HEALTH AND FAMILY SERVICES
CHAPTER HFS 173. TATTOOING AND BODY PIERCING
Wis. Adm. Code HFS 173.03 (2002)
HFS 173.03 Definitions
In this chapter:
(1) "Agent" means a local health department serving a population greater
than 5,000 which is designated by the department under a written agreement
authorized by s. 252.245 (1), Stats., to issue licenses to and make investigations or
inspections of tattooists, tattoo establishments, body piercers and body
--piercing establishments.
(2) "Antiseptic" means a chemical that kills or inhibits the growth of
organisms on skin or living tissue.
(3) "Approved" means acceptable to the department based on its
determination of conformance to this chapter and good public health practices.
(4) "Autoclave" means an apparatus that is registered and listed with the
federal food and drug administration for sterilizing articles by using
superheated steam under pressure.
(5) "Body pierce," as a verb, means to perforate any human body part or
tissue, except an ear, and to place a foreign object in the perforation to
prevent the perforation from closing.
(6) "Body piercer" means a person who performs body piercing on another
person at that person's request.
(7) "Body piercing" means perforating any human body part or tissue,
except an ear, and placing a foreign object in the perforation to prevent the
perforation from closing.
(8) "Body--piercing establishment" means the premises where a body
piercer performs body piercing.
(9) "Cleaning" means the removal of foreign material from objects,
normally accomplished with detergent, water and mechanical action.
(10) "Department" means the Wisconsin department of health and family
services
(11) "Disinfectant" means a chemical that is capable of destroying
disease--causing organisms on inanimate objects, with the exception of
bacterial spores.
(12) "Hot water" means water at a temperature of 110 [degrees] F. or higher.
(13) "Local health department" means an agency of local government that
takes any of the forms specified in s. 250.01 (4), Stats.
(14) "Operator" means the owner or person responsible to the owner for
the operation of a tattoo or body--piercing establishment.
(15) "Patron" means a person receiving a tattoo or body piercing.
(16) "Practitioner" means a tattooist or body piercer.
(17) "Premises" means a building, structure, area or location where
tattooing or body piercing is performed.
(18) "Sharps waste" means waste that consists of medical equipment or
clinical laboratory articles that may cause punctures or cuts, such as
hypodermic needles, syringes with attached needles and lancets, whether
contaminated, unused or disinfected.
(19) "Single--use" means a product or item that is disposed of after one
use, such as a cotton swab, a tissue or paper product, a paper or soft plastic
cup, or gauze or other sanitary covering.
(20) "Sterilization" means the killing of all organisms and spores
through use of an autoclave operated at a minimum of 250 [degrees] F. (121 [degrees]
C.) at pressure of at least 15 pounds per square inch for not less then 30
minutes or through use of an autoclave approved by the department that is operated
at different temperature and pressure levels but is equally effective in
killing all organisms and spores.
(21) "Tattoo," as a verb, means to insert pigment under the surface of
the skin of a person, by pricking with a needle or otherwise, so as to produce
an indelible mark or figure through the skin.
(22) "Tattoo establishment" means the premises where a tattooist applies
a tattoo to another person.
(23) "Tattooist" means a person who tattoos another person at that person's
request.
(24) "Tempered water" means water ranging in temperature from 85
[degrees] F. to less than 110 [degrees] F.
(25) "Temporary establishment" means a single building, structure, area
or location where a tattooist or body piercer performs tattooing or body
piercing for a maximum of 7 days per event.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.09 Cleaning and sterilization
(1) CLEANING.
(a) After each use, tattooing and body--piercing equipment
shall be cleaned to remove blood and tissue residue before sterilization.
(b) Reusable needles, tubes and body--piercing equipment shall be placed
in a covered stainless steel container of cleaning or disinfectant solution until
they can be cleaned and sterilized.
(c) All containers holding contaminated needles, tubes, reusable body
--piercing equipment and container lids shall be cleaned and disinfected at
least daily.
(d) The tattoo machine shall be cleaned and disinfected before each use.
(e) Gloved personnel shall clean needles and tubes prior to sterilization by
doing all of the following:
1. Manually pre--cleaning the items with care taken to ensure removal of
residue; thoroughly rinsing the items with warm water and then draining the
water; cleaning the items by soaking them in a protein--dissolving
detergent--enzyme cleaner used according to manufacturer's instructions; and
cleaning the items further in an ultrasonic cleaning unit which operates at
40 to 60 hertz and is used according to the manufacturer's instructions.
2. Rinsing and drying the items.
(f) Prior to autoclaving, all needles and tubes shall be packaged either
individually or in quantities appropriate for individual procedures.
Packages shall be identifiable and dated.
(2) STERILIZATION. (a) Equipment requiring sterilization shall be
pressure--sterilized at the establishment in an autoclave and in accordance
with the manufacturer's instructions.
(b) Each batch of sterilized equipment shall be monitored for sterilization
by use of heat--sensitive indicators capable of indicating approximate time
and temperature achieved.
(c) Autoclaves shall be spore--tested at least monthly. Spore kill test
effectiveness shall be conducted by an independent laboratory.
(d) Sterilized equipment shall be wrapped or covered and stored in a
manner which will ensure that it will remain sterile until used.
(e) Each tattoo or body--piercing establishment shall maintain
sterilization records including spore tests for at least one year from the date of the
last entry, which shall include the following information:
1. Date of sterilization.
2. Name of the person operating the equipment.
3. Result of heat--sensitive indicator.
(f) Sterilized equipment shall be re--sterilized if the package is opened,
damaged or becomes wet.
(g) All methods of sterilization other than autoclaving are prohibited.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.07 Personnel
(1) ABSENCE OF SKIN CONDITION. No tattooist or body piercer with an
exposed rash, skin lesion or boil may engage in the practice of tattooing or body
piercing.
(2) RESTRICTION. No tattooist or body piercer may work while under the
influence of alcohol or a mind--altering drug.
(3) PERSONAL CLEANLINESS. (a) Tattooists and body piercers shall thoroughly
wash their hands and the exposed portions of their arms with dispensed soap
and tempered water before and after each tattoo or body--piercing procedure and
more often as necessary to keep them clean.
(b) Tattooists and body piercers shall dry their hands and arms with
individual single--service towels.
(c) Tattooists and body piercers shall maintain a high degree of personal
cleanliness and shall conform to good hygiene practices during procedures.
(4) CLOTHING. All tattooists and body piercers shall wear clean, washable
outer clothing.
(5) HYGIENIC PRACTICES. (a) When preparing the skin and during a
procedure, a tattooist or body piercer shall wear non--absorbent gloves which shall be
disposed of after completing the procedure.
(b) If interrupted during a procedure, a tattooist or body piercer shall
rewash his or her hands and put on new gloves if the interruption required
use of hands.
(c) Tattooists shall use single--use plastic covers to cover spray
bottles or other reusable accessories to minimize the possibility of transmitting body
fluids or disease during application of tattoos to successive patrons.
(d) Disposable--type razors shall be for single--use only and disposed of
in accordance with ch. NR 526. Electric razors used for skin preparation prior
to a procedure shall have screens cleaned and disinfected between patron use.
(e) Body--piercing needles shall be disposable, sterile and for
single--patron use only. Tattoo needles may be reused if cleaned, sterilized
and stored in an approved manner between patrons. Body piercing jewelry shall be
cleaned, individually packaged and sterilized prior to use.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.12 Enforcement
(1) ACCESS. An authorized employe or agent of the department, upon
presenting proper identification, shall be permitted to enter any tattoo or
body--piercing establishment at any reasonable time to determine if the establishment and
the practitioners are in compliance with this chapter. The department's
authorized employe or agent shall be permitted to examine the records of the
establishment to obtain information about supplies purchased, received or used and
information relating to patrons who received tattoos or body piercing.
(2) ENFORCEMENT POLICY. (a) Order to correct violations. If upon
inspection of a tattoo or body--piercing establishment, the authorized employe or agent
of the department finds that the tattoo or body--piercing establishment is not
planned, equipped or operated as required by this chapter, the employe or
agent shall notify the operator in writing. The notice shall include an order that
directs the operator to make specified changes that will bring the establishment
into compliance with standards established in this chapter and that stipulates
the time period within which compliance is to take place. If the order to
correct violations is not carried out by the expiration of the time period
stipulated in the order, or any reasonable extension of time granted for
compliance, the department may issue an order suspending or revoking the license
to operate the tattoo or body--piercing establishment or the practitioner's
license, or both.
(b) Order to deal with an immediate danger to public health. If there is
reasonable cause to believe that any construction, sanitary condition, operation
of the premises or of equipment or a procedural practice creates an immediate
danger to health, an authorized employe or agent of the department may,
pursuant to ss. 227.51 (3) and 252.04 (1) and (7), Stats., acting as the designee of
the administrator of the department's division of health, and without written
notice, issue a temporary order to remove the immediate danger to health.
The order shall take effect upon delivery to the operator or other person in
charge of the tattoo or body--piercing establishment and shall remain in effect for
14 days unless it is terminated by the department by notice to the operator
within that period or is kept in effect beyond that period, pending a hearing, by
department notification to the operator. The order shall be limited to
prohibiting specific procedures or methods of operation, or a combination of
these, except that if a more limited order will not remove the immediate
danger to health, the order may direct that all operations authorized by the
license cease. If, before scheduled expiration of the temporary order, the
department determines that the immediate danger to health does in fact exist and
continues to exist, the temporary order shall remain in effect with notification to
the operator. The department shall then notify the department of
administration's division of hearings and appeals to schedule and hold a
hearing under ch. 227, Stats., no later than 15 days after notification of the
operator and to issue a final decision on the matter within 10 days after the
hearing, unless the immediate danger to health is removed or the order is not
contested and the operator and the department mutually agree that no purpose would be
served by a hearing.
(3) PENALTY PROVISION. Pursuant to s. 252.25, Stats., any person who
willfully violates or obstructs the execution of s. 252.23 or 252.24,
Stats., or this chapter for which no other penalty is prescribed, shall be imprisoned
for not more than 30 days or fined not more than $ 500 or both. This shall
include performing tattooing or body piercing without a license.
(4) APPEAL BY THE OPERATOR OR PRACTITIONER. Any operator or practitioner
aggrieved by an order of the department under s. HFS 173.04 (2) or 173.11
(1)(d), or under sub. (2)(a), may request a hearing to challenge the order.
A request for a hearing under this subsection shall be submitted to the
department of administration's division of hearings and appeals and shall be received
by that office within 15 days after issuance of the order. Procedures for
hearings shall be in accordance with ch. 227, Stats. After the hearing, the division
of hearings and appeals shall affirm, set aside or modify the order. The final
decision may be appealed to the circuit court as provided in ch. 227, Stats.
Note: The mailing address of the division of hearings and appeals is P.O.
Box 7875, Madison, Wisconsin 53707.
(5) LOCAL ENFORCEMENT. Notwithstanding subs. (2) and (4), if an agent
issues licenses directly under s. 252.245, Stats, the agent shall create
enforcement and appeal procedures in accordance with s. 66.124, Stats., which shall
supersede enforcement and appeal procedures under subs. (2) and (4).
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.08 Equipment
(1) All surfaces, counters and general--use equipment in the tattoo or
body--piercing area shall be cleaned and disinfected before a patron is seated.
(2) All inks and pigments shall be obtained from sources generally
recognized as safe. Information indicating the sources of all inks and pigments shall
be available to the department or agent upon request. Sterile single--use or
sterile individual containers of pigment or ink shall be used for each
patron. No pigment or ink in which needles were dipped may be used on another
person. Pigment and ink cups shall be for single--patron use. All bulk materials
used for the procedure shall be dispensed with single--use utensils. The
remainder of dispensed portions shall be disposed of after application.
(3) Needles, bars and tubes shall be constructed in a manner that permits
easy cleaning and sterilizing.
(4) Acetate tattoo stencils shall be single--use.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HSS 333.51 Disfigurement (Class B).
A youth may not intentionally cut, pierce, remove, mutilate, discolor, or
tattoo any part of his or her body or the body of another.
Note: HSS 333.51. The purpose of this section is to protect the safety
and health of youth. Tattooing, ear piercing, and other forms of self-mutilation
can lead to serious infections. In addition, some forms of disfigurement could
lead to identification problems.
The wearing of pierced earrings is allowed. Youth may get their ears
pierced but only by medical staff and only if prior parental approval is obtained.
This section is intended to cover only injury to oneself or to another
person with that person's consent. Injury to another person without his or her
consent is covered by s. HSS 333.11.
HISTORY: Cr. Register, December, 1982, No. 324, eff. 1-1-83.
HFS 173.05 Patrons
(1) LIMITATIONS. (a) Consent. A tattooist or body piercer may not tattoo
or body pierce a patron without first obtaining the signed, informed consent of
the person on a form approved by the department.
Note: To obtain a copy of an approved consent form, which may be reproduced,
write: Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
(b) Minors. 1. No person under 16 years of age may be body pierced.
2. No person age 16 or 17 may be body pierced unless an informed consent
form has been signed by his or her parent or legal guardian in the presence of
the operator.
3. No person under 18 years of age may be tattooed except by a physician
in the course of the physician's professional practice, as permitted under s.
948.70 (3), Stats.
4. A body--piercing establishment shall post a notice in a conspicuous
place in the establishment stating that it is illegal to body pierce a person
under the age of 18 without the signed, informed consent of that person's parent
or legal guardian.
5. A tattoo establishment shall post a sign in a conspicuous place in the
establishment stating that no person under the age of 18 may be tattooed.
(c) Barriers to procedure. A tattooist or body piercer may not tattoo or
body pierce any of the following:
1. A person who appears to be under the influence of alcohol or a
mind--altering drug.
2. A person who has evident skin lesions or skin infections in the area
of the procedure.
(2) RECORD. Every tattooist and body piercer shall keep a record of each
patron. A patron's record shall include the patron's name, address, age and
consent form, the name of the practitioner doing the procedure and any
adverse effects arising from the procedure. A patron's record shall be retained for
a minimum of 2 years following completion of the procedure.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.04 Licenses
(1) APPLICATION FOR ESTABLISHMENT LICENSE. (a) Requirement. No person may
operate a tattoo establishment or body--piercing establishment or a combined
tattoo and body--piercing establishment unless he or she has obtained a
license for the establishment from the department or its agent by application made
upon a form furnished by the department or its agent. An application submitted to
the department shall be accompanied by the fee required under par. (b).
Note: To obtain a copy of the establishment application form, write:
Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
(b) Department fees. The operator of a tattoo establishment or
body--piercing establishment or a combined tattoo and body--piercing establishment shall
pay an annual license fee to the department as follows:
1. For a body--piercing establishment, $ 100.
2. For a tattoo establishment, $ 100.
3. For a combined tattoo and body--piercing establishment, $ 150.
4. For a temporary tattoo or body--piercing establishment or a temporary
combined tattoo and body--piercing establishment, $ 100 per event.
5. For inspection of a new establishment, a preinspection fee of $ 75.
(2) APPLICATION FOR PRACTITIONER LICENSE. (a) Requirement. No person may
tattoo or body pierce another person, use or assume the title of tattooist or
body piercer or designate or represent himself or herself as a body piercer
unless the person has obtained a license from the department by application
made upon a form furnished by the department. An application submitted to the
department shall be accompanied by the fee required under par. (b).
Note: To obtain a copy of the practitioner application form, write:
Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
(b) Department fees. A person who wishes to practice as a tattooist or
body piercer shall pay an annual fee to the department as follows:
1. For a body piercer, $ 50.
2. For a tattooist, $ 50.
(3) ACTION BY THE DEPARTMENT. (a) Within 30 days after receiving a completed
application for a license, the department or its agent shall either approve
the application and issue a license or deny the application. If an application
for a license is denied, the department or its agent shall give the applicant
reasons, in writing, for the denial and provide information about how the applicant
may appeal that decision under s. HFS 173.12 (4).
(b) The department or its agent shall not issue a license to a new tattoo or
body--piercing establishment or a new operator at an existing establishment
without completing a prior inspection of the establishment to ensure that
the establishment complies with the requirements of this chapter.
(4) DISPLAY OF LICENSE. The operator of a tattoo or body--piercing
establishment shall conspicuously display in the establishment the licenses
issued by the department or its agent for the establishment and for all
practitioners working in the establishment.
(5) CHANGE OF OPERATOR. The operator of a tattoo or body--piercing
establishment shall promptly notify the department or its agent of his or
her intention to cease operations and shall supply the department with the name
and mailing address of any new operator. A license is not transferable. A new
operator shall submit an application under sub.(1) for a new license.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.02 Scope
(1) APPLICABILITY. This chapter applies to all tattooists, body piercers,
tattoo establishments and body--piercing establishments.
(2) APPROVED COMPARABLE COMPLIANCE. When it appears to the department
that strict adherence to a provision of this chapter is impractical for a
particular tattooist, tattoo establishment, body piercer or body--piercing
establishment, the department may approve a modification in that requirement for that
person or establishment if the department is provided with satisfactory proof that the
grant of a variance will not jeopardize the public's health, safety or
welfare.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.13 State fees
Pursuant to s. 252.245 (9), Stats. a local health department serving as
an agent of the department for purposes of administering this chapter shall
include a state fee in each fee the agent establishes for a license issued under
this chapter. The state fee shall be 10% of the department's fee established
under s. HFS 173.03 (1) or (2), and shall be forwarded to the department.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.06 Physical facilities and environment
(1) FLOORS. Floors in the area where tattoo or body--piercing procedures
are performed shall be constructed of smooth, durable and non--porous material
and shall be maintained in a clean condition and in good repair. Carpeting is
prohibited.
(2) WALLS AND CEILINGS. Walls and ceilings in the area where tattoo and
body --piercing procedures are performed shall be light--colored, smooth and
easily cleanable.
(3) LIGHTING. Tattoo and body--piercing application areas shall maintain
a minimum illumination of 50 footcandles.
(4) PREMISES. The premises and all facilities used in connection with the
premises shall be maintained in a clean, sanitary and vermin--free condition.
(5) LIVING AREAS. Tattoo and body--piercing areas shall be completely
separated from any living quarters by floor--to--ceiling partitioning and
solid doors which are kept closed during business hours. A direct outside entrance
to the tattoo or body--piercing establishment shall be provided.
(6) TOILET ROOMS. (a) All tattoo and body--piercing establishments shall
have a public toilet and handwashing facility which is separated from any living
area.
(b) Toilet room fixtures shall be kept clean and in good repair. An
easily cleanable covered waste receptacle shall be provided in the toilet room.
(7) HANDWASHING FACILITIES. (a) At least one handwashing facility shall
be conveniently located in the tattoo or body--piercing area, in addition to
what is provided in the toilet room.
(b) Anti--bacterial soap in a dispenser and single--service towels for
drying hands shall be provided at all handwashing facilities.
(c) Hot and cold potable water under pressure shall be available at all
handwashing facilities except that tempered water rather than hot water may
be provided.
(8) REFUSE. Easily cleanable waste containers with non--absorbent,
durable plastic liners shall be used for disposal of all tissues, towels, gauze pads
and other similar items used on a patron. Infectious waste, including sharps
waste, shall be stored and disposed of in an approved manner consistent with subch.
II of ch. NR 526.
(9) EQUIPMENT STORAGE. Instruments, dyes, pigments, stencils and other
tattoo and body--piercing equipment shall be stored in closed cabinets exclusively
used for that purpose.
(10) PRIVACY. A panel or other barrier of sufficient height and width to
effectively separate a patron on whom a procedure is being performed from
any unwanted observers or waiting patrons shall be in place or readily available
at the patron's request.
(11) SMOKING AND EATING PROHIBITED IN AREA OF PROCEDURE.. No smoking or
consumption of food or drink is permitted in the area where a tattoo or body
--piercing procedure is performed, except that clients may consume a
non--alcoholic beverage during the procedure.
(12) ANIMALS PROHIBITED IN ESTABLISHMENT. No animals, except for those
that provide services to persons with disabilities, are permitted in a tattoo or
body --piercing establishment.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
HFS 173.01 Authority and purpose
This chapter is promulgated under the authority of ss. 252.23 (4), 252.24
(4) and 252.245 (9), Stats., for the purpose of regulating tattooists, tattoo
establishments, body piercers and body--piercing establishments in order to
protect public health and safety.
HFS 173.11 Temporary establishments
In addition to requirements under ss. HFS 173.01 to 173.10 that apply to all
tattoo and body--piercing establishments, the following requirements apply
specifically to temporary establishments:
(1) LICENSE. (a) No temporary establishment may be operated without a
license granted by the department or its agent. Application for a temporary license
shall be made under s. HFS 173.04 (1).
(b) No temporary license may be issued without a prior inspection.
(c) A temporary establishment's license along with the license of each
on--staff tattooist or body piercer shall be conspicuously displayed in the
temporary establishment.
(d) An operator of a temporary establishment whom the department or its
agent has found to repeatedly violate any provision of this chapter may be denied
a license to operate the establishment or may have the license revoked.
(2) WATER. A temporary establishment shall have all of the following:
(a) An approved toilet and handwashing facility.
(b) Potable water under pressure.
(c) Hot or tempered water for handwashing and cleaning.
(d) Connection to an approved sewage collection system.
HISTORY: Cr. Register, July, 1998, No. 511, eff. 8--1--98.
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