Regulations – North Carolina
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|Oversight Body:||North Carolina Department of Health|
|Licensing Contact:||Contact your Local Health DepartmentThe actual form they use for inspection is here.|
|Legislative info available on this site:||130A-29. Commission for Health ServicesS.L. 1998-230 SESSION 1997NORTH CAROLINA ADMINISTRATIVE CODE|
|Most recent legislation:|
|Other Wyoming Law Resources:||http://www.alllaw.com/state_resources/north_carolina/|
[**Update notice: This section has been amended by S.L. 2001-469 SESSION 2001 – HOUSE BILL 1472.]
(a) The Commission for Health Services is created with the authority and duty to adopt rules to protect and promote the public health.
(b) The Commission is authorized to adopt rules necessary to implement the public health programs administered by the Department as provided in this Chapter.
(c) The Commission shall adopt rules:
(1) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5.
(2) Establishing standards for approving sewage-treatment devices and holding tanks for marine toilets as provided in G.S. 75A-6 (o).
(3) Establishing specifications for sanitary privies for schools where water-carried sewage facilities are unavailable as provided in G.S.
(4) Establishing requirements for the sanitation of local confinement facilities as provided in Part 2 of Article 10 of Chapter 153A of the General Statutes. (5) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1.
(5a) Establishing eligibility standards for participation in Department reimbursement programs.
(6) Requiring proper treatment and disposal of sewage and other waste from chemical and portable toilets.
(7) Establishing statewide health outcome objectives and delivery standards.
(8) Establishing permit requirements for the sanitation of premises, utensils, equipment, and procedures to be used by a person engaged in tattooing, as provided in Part 11 of Article 8 of this Chapter.
(9) Implementing immunization requirements for adult care homes as provided in G.S. 131D-9 and for nursing homes as provided in G.S.
(d) The Commission is authorized to create:
(1) Metropolitan water districts as provided in G.S. 162A-33;
(2) Sanitary districts as provided in Part 2 of Article 2 of this Chapter; and
(3) Mosquito control districts as provided in Part 2 of Article 12 of this Chapter.
(e) Rules adopted by the Commission shall be enforced by the Department.
(1973, c. 476, s. 123; 1975, c. 19, s. 57; c. 694, s. 6; 1979, c. 41, s. 1; 1981, c. 614, s. 9; 1983, c. 891, s. 15; 1983 (Reg. Sess., 1984), c. 1022, s. 5; 1989, c. 727, ss. 175, 176; 1989 (Reg. Sess., 1990), c. 1004, s. 50; c. 1075, s. 1; 1991, c. 548, s. 2; 1993, c. 321, s. 274; 1993 (Reg. Sess., 1994), c. 670, s. 3; 2000-112, s. 6.)
North Carolina General Statutes Chapter 130A. Public Health. ARTICLE 2. Local Administration. Part 1. Local Health Departments. 130A-39. Powers and duties of a local board of health. (a) A local board of health shall have the responsibility to protect and promote the public health. The board shall have the authority to adopt rules necessary for that purpose.
(b) A local board of health may adopt a more stringent rule in an area regulated by the Commission for Health Services or the Environmental Management Commission where, in the opinion of the local board of health, a more stringent rule is required to protect the public health; otherwise, the rules of the Commission for Health Services or the rules of the Environmental Management Commission shall prevail over local board of health rules. However, a local board of health may not adopt a rule concerning the grading, operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this Chapter and as defined in G.S. 130A-247(1), and a local board of health may adopt rules concerning wastewater collection, treatment and disposal systems which are not designed to discharge effluent to the land surface or surface waters only in accordance with G.S. 130A-335(c).
(c) The rules of a local board of health shall apply to all municipalities within the local board’s jurisdiction.
(d) Not less than 10 days before the adoption, amendment or repeal of any local board of health rule, the proposed rule shall be made available at the office of each county clerk within the board’s jurisdiction, and a notice shall be published in a newspaper having general circulation within the area of the board’s jurisdiction. The notice shall contain a statement of the substance of the proposed rule or a description of the subjects and issues involved, the proposed effective date of the rule and a statement that copies of the proposed rule are available at the local health department. A local board of health rule shall become effective upon adoption unless a later effective date is specified in the rule.
(e) Copies of all rules shall be filed with the secretary of the local board of health.
(f) A local board of health may, in its rules, adopt by reference any code, standard, rule or regulation which has been adopted by any agency of this State, another state, any agency of the United States or by a generally recognized association. Copies of any material adopted by reference shall be filed with the rules.
(g) A local board of health may impose a fee for services to be rendered by a local health department, except where the imposition of a fee is prohibited by statute or where an employee of the local health department is performing the services as an agent of the State. Notwithstanding any other provisions of law, a local board of health may impose cost-related fees for services performed pursuant to Article 11 of this Chapter, “Wastewater Systems,” for services performed pursuant to Part 10, Article 8 of this Chapter, “Public Swimming Pools”, and for services performed pursuant to Part 11, Article 8 of this Chapter, “Tattooing”. Fees shall be based upon a plan recommended by the local health director and approved by the local board of health and the appropriate county board or boards of commissioners. The fees collected under the authority of this subsection are to be deposited to the account of the local health department so that they may be expended for public health purposes in accordance with the provisions of the Local Government Budget and Fiscal Control Act.
(1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s. 7065; 1957, c. 1357, s. 1; 1959, c. 1024, s. 1; 1963, c. 1087; 1973, c. 476, s. 128; c. 508; 1977, c. 857, s. 2; 1981, c. 130, s. 2; c. 281; c. 949, s. 4; 1983, c. 891, s. 2; 1985, c. 175, s. 1; 1989, c. 577, s. 2; 1991 (Reg. Sess., 1992), c. 944, s. 10; 1993 (Reg. Sess., 1994), c. 670, s. 2; 1995, c. 507, s. 26.8(c).)
North Carolina General Statutes Chapter 130A. Public Health. ARTICLE 8. Sanitation. Part 11. Tattooing. 130A-283. Tattooing regulated. (a) Definition. — As used in this Part, the term “tattooing>” means the inserting of permanent markings or coloration, or the producing of scars, upon or under human skin through puncturing by use of a needle or any other method.
(b) Prohibited Practice. — No person shall engage in <tattooing> without first obtaining a <tattooing> permit from the Department. Licensed physicians, as well as physician assistants and nurse practitioners working under the supervision of a licensed physician, who perform <tattooing> within the normal course of their professional practice are exempt from the requirements of this Part.
(c) Application. — To obtain a <tattooing> permit, a person must apply to the Department. Upon receipt of the application, the Department, acting through the local health department, shall inspect the premises, instruments, utensils, equipment, and procedures of the applicant to determine whether the applicant meets the requirements for a <tattooing> permit set by the Commission. If the applicant meets these requirements, the Department shall issue a permit to the applicant. A permit is valid for one year and must be renewed annually by applying to the Department for a permit renewal.
(d) Violations. — The Department may deny an application for a <tattooing> permit if an applicant does not meet the requirements set by the Commission for the permit. The Department may suspend, revoke, or refuse to renew a permit if it finds that <tattooing> is being performed in violation of this Part. In accordance with G.S. 130A-24(a), Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning the enforcement of this Part.
(e) Limitation. — A permit issued pursuant to this Part does not authorize a person to remove a <tattoo from the body of ahuman being. Compliance with this Part is not a bar to prosecution for a violation of G.S. 14-400.
(1993 (Reg. Sess., 1994), c. 670, s. 1.)
S.L. 1998-230 SESSION 1997 – SENATE BILL 916 SENATE BILL 916 AN ACT TO REWRITE THE LAWS REGULATING COSMETIC ART AND TO REGULATE THE PRACTICE OF MASSAGE AND BODYWORK THERAPY. The General Assembly of North Carolina enacts: §§ 14-400. [Tattooing>][fn&fn;&fn;] [<Tattooing>; body piercing][fn&fn;] prohibited. [(a)][fn&fn;] It shall be unlawful for any person or persons to <tattoo the arm, limb, or any part of the body of any other person under 18 years of age. Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor. [(b) It shall be unlawful for any person to pierce any part of the body other than ears of another person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior consent of a custodial parent or guardian is obtained. Anyone violating the provisions of this section is guilty of a Class 2 misdemeanor.][fn&fn;]”
NORTH CAROLINA ADMINISTRATIVE CODE Copyright (c) 2002 by the North Carolina Office of Administrative Law
*** THIS FILE INCLUDES ALL RULES FILED THROUGH FEBRUARY 8, 2002 ***
TITLE 15A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CHAPTER 18. ENVIRONMENTAL HEALTH
SUBCHAPTER 18A. SANITATION
SECTION .3200. TATTOOING
.3201 DEFINITIONS The following definitions shall apply throughout this Section:
(1) “Blood and Body Fluid Precautions” means a method of infection control in which all human blood and body fluids are treated as if known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), and other infections that can be transmitted by contact with blood.
(2) “Department” means the Department of Environment, Health, and Natural Resources. The term also means the authorized agent of the department.
(3) “Sharps” means any objects that can penetrate the skin including, but not limited to, needles, razor blades, scalpels, and broken capillary tubes.
(4) “Sterilize” means the approved microbicidal treatment by a process which provides enough accumulative heat or concentration of chemicals for a length of time sufficient to eliminate the microbial count, including pathogens.
(5) “Tattooing” means tattooing as defined in G.S. 130A-283.
(6) “Tattoo Artist” means any person who engages in tattooing.
(7) “Tattoo Establishment” means any location where tattooing is engaged in or where the business of tattooing is conducted or any part thereof. For purposes of this Section, “Tattoo Parlor” falls within this definition.
(8) “Tattooing Room” means a room in the tattoo establishment where tattooing is performed.
.3208 OPERATION AND MAINTENANCE (a) Antiseptic soap and a germicidal solution shall be available to each tattoo artist. Individual hand scrub brushes and fingernail files or orange sticks for each tattoo artist shall also be available. Before tattooing the first patron of the day, each tattoo artist shall scrub his hands and forearms with an antiseptic soap and warm water for five minutes using a clean individual hand brush and an individual file or orange stick for his fingernails; and he shall repeat this process for two to three minutes before tattooing each subsequent patron that day. An individual disposable towel shall be used for drying the tattoo artist’s hands and arms after rinsing. Each tattoo artist shall wear clean disposable latex surgical gloves and a clean or disposable gown or coat or a clean or disposable lap cloth while engaged in tattooing. Gloves must be changed between patrons and disposed of after each use. There shall be no use of tobacco or other smoking materials in the tattooing room, and there shall be no eating of food or drinking of beverages in the tattooing room by the tattoo artist.
(b) Tattooing instruments and other equipment shall be cared for as follows:
(1) All clean and ready-to-use instruments, dyes, carbons, and stencils shall be kept in a closed container, case, or storage cabinet while not in use. The storage cabinet shall be maintained in a sanitary manner at all times. Sterile instruments shall be kept in sterile packages or containers;
(2) Only disposable needles shall be used in the tattooing process, and a new needle or set of needles shall be used on each patron;
(3) Autoclaving shall be used for sterilization of the needle bar tube and needle bar of the tattoo machine before use on each patron. The needle bar tube of the tattooing machine shall be cleaned after each use and before being sterilized for use with the next patron;
(4) The needles and instruments required to be sterile shall be handled with aseptic technique during the tattooing procedure so they are not contaminated before use; and
(5) The effectiveness of the autoclave in killing bacterial endospores shall be tested once each month by using an endospore-impregnated strip. Results of this test shall be recorded for review annually by the department.
(c) All sharps, including the needles after removal from the needle bar, shall be stored and disposed of in containers that are rigid, puncture-resistant, and leak-proof when in an upright position.
(d) Blood and body fluid precautions shall be practiced by the tattoo artist when the potential for contact with blood and body fluids exists in any procedure.
.3202 PERMITTING (a) Every person engaged in the practice of tattooing shall register with their local health department on or before January 1, 1995, by providing their name, the address of the location at which they engage in tattooing, and their hours of operation.
(b) No person shall engage in tattooing on or after June 1, 1995, without first obtaining a tattooing permit issued by the department. Persons permitted to engage in tattooing in counties with local rules shall obtain a tattooing permit from the department on or after June 1, 1995. Nothing herein shall preclude counties with local rules from permitting tattoo artists prior to June 1, 1995, at which time all tattoo artists shall be permitted by the department.
(c) No tattooing permit shall be issued to a person until an inspection by the department verifies compliance with this Section.
(d) Tattooing permits shall be issued in the name of the individual tattoo artist, shall list the address of the tattoo establishment where the artist will practice, and shall not be transferable to another person or place of practice.
(e) A valid tattooing permit shall be posted in the premises of the tattoo establishment in a conspicuous place where it may be easily observed by the public upon entering the establishment.
(f) Application for a tattooing permit shall be submitted to the local health department. The application shall include at least the following information:
(1) Name of tattoo artist;
(2) Mailing address of tattoo artist;
(3) Name of tattoo establishment;
(4) Street address of tattoo establishment;
(5) Anticipated date of commencing operation; and
(6) Signature of tattoo artist.
(g) Any additional information requested by the department to verify compliance with this Section shall be submitted with the permit application. An initial application for issuance of a tattooing permit shall be submitted no less than 30 days before anticipated commencement of tattooing by the artist within the jurisdiction of the local health department issuing the permit. Application for renewal of an existing tattooing permit shall be submitted to the local health department at least 30 days prior to the expiration date of the existing permit.
(h) Any permit application fee established by the local board of health shall be paid upon submission of the application.
(a) Each tattoo establishment shall have at least one tattooing room. This room shall be separate and apart from all other areas in the establishment, and access to this room shall be restricted. Patrons shall be tattooed only in the tattooing room, and there shall be a separate work station for each patron within the tattooing room. Furniture and furnishings within the tattooing room shall be constructed to be easily cleanable, maintained in good repair, and kept clean.
(b) At least one lavatory with mixing faucets supplied with hot and cold running water under pressure shall be provided for every five artists for hand washing and utensil washing. Lavatories shall be accessible to the tattooing room such that tattoo artists can wash their hands and return to the tattoo room without having to touch anything with their hands. Access to these lavatories shall be restricted to the tattoo artists. Each lavatory shall be easily cleanable, in good repair, and kept free of storage.
(c) Poisons, including germicidal solutions, used in the tattoo establishment shall be stored in covered containers with labels identifying the contents.
(d) The tattooing room shall be maintained clean and in good repair. The floor of the tattooing room shall be of impervious material and shall be maintained in clean condition at all times.
.3211 PROCEDURE WHEN INFECTION SUSPECTED
All infections resulting from the practice of tattooing which become known to the tattoo artist shall be reported to the local health department by the tattoo artist within 48 hours.
.3210 INSECT, RODENT AND VECTOR CONTROL
The premises shall be kept clean and free of vermin at all times. There shall be no fly or mosquito breeding places or rodent harborage on the premises. Non-human animals shall not be allowed in the tattooing room. Litter under the control of the tattoo artist or operator shall not be permitted to accumulate on the premises.
.3206 RECORDS, HEALTH REQUIREMENTS FOR PATRONS (a) Retrievable records for each patron shall be kept by the tattoo artist. The patron shall be required to record or verify their name, address, phone number, date of birth, and provide their signature.
(b) Records shall be kept for a minimum of two years and shall be made available to the department on demand.
(c) No person with visible jaundice (yellowing of the eyes or skin) shall be tattooed.
(d) No tattooing shall be done on skin surface that has a rash, pimples, boils, infections, or manifests any evidence of being reddened or inflamed.
NOTES: History Note: Filed as a Temporary Adoption Eff. January 1, 1995, for a period of 180 days or until the permanent rule
becomes effective, whichever is sooner; Eff. April 1, 1995.