Chapter 5.06 TATTOO PARLORS AND BODY PIERCING FACILITIES

This Chapter is adopted under the authority of Home Rule Law (I.C. 36-1-3) and I.C. 35-42-2-7(f). This Chapter shall not apply to any person licensed under I.C. 25-22.5 as a physician or under I.C. 25-14 as a dentist or a person acting under the direction and control of such persons.

5.06.020 Definitions.

The following definitions shall apply to this Chapter 5.06, unless the context clearly indicates otherwise:

A. “Blood” means human blood.

B. “Blood borne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, the following:

1. HBV.

2. HCV.

3. HIV.

C. “Body Piercing” means the perforation of any human body part, other than ear lobes, for the purpose of inserting jewelry or other decoration or for some other non-medical purpose.

D. “Body Piercing Facility” means any room or space where body piercing is provided or where the business of body piercing is conducted, including, but not limited to, a mobile or temporary facility.

E. “Body Piercer” means any person who performs body piercing on an individual.

F. “Cleaned” means removal of all visible dust, soil, or any other foreign material.

G. “Contaminated” means the presence or reasonably anticipated presence of blood or OPIM on an item or surface.

H. “Decontaminated” means the use of physical or chemical means to remove, inactivate, or destroy Blood borne pathogens on a surface or item which does not require sterilization 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.

I. “Department” means the Vanderburgh County Department of Health. The Vanderburgh County Board of Health shall be considered part of the Department except for the purpose of conducting any type of administrative appeal of any decision of the Department or Health Officer.

J. “HBV” means the hepatitis B virus.

K. “HCV” means the hepatitis C virus.

L. “HIV” means the human immunodeficiency virus.

M. “Health Officer” means the duly appointed Health Officer as set forth in IC 16-20-2-16. The County Health Officer or designee shall be authorized to enforce this Chapter. The Health Officer may designate a representative in the health department to perform those duties and responsibilities of the Health Officer.

N. “Infectious waste” means waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease. Infectious waste includes, but is not limited to, the following:

1. Contaminated sharps or contaminated objects that could potentially become contaminated sharps.

2. Infectious biological cultures, infectious associated biologicals, and infectious agent stock.

3. Pathological waste.

4. Blood and blood products in liquid and semi-liquid form.

5. Carcasses, body parts, blood, and body fluids in liquid and semi-liquid form, and bedding of laboratory animals.

6. Other waste that has been intermingled with infectious waste.

O. “Other potentially infectious materials” or OPIM means the following:

1. Human body fluids as follows:

a. Semen.

b. Vaginal secretions.

c. Cerebrospinal fluid.

d. Synovial fluid.

e. Pleural fluid.

f. Pericardial fluid.

g. Peritoneal fluid.

h. Amniotic fluid.

i. Saliva in dental procedures.

j. Any body fluid that is visibly contaminated with blood.

k. All body fluids where it is difficult or impossible to differentiate between body fluids.

2. Any unfixed tissue or organ, other than intact skin from a human, living or dead.

3. HIV-containing cell or tissue cultures, and HIV-or HBV- containing medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

P. “Parenteral” means piercing the mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, or abrasions.

Q. “Personal protective equipment” means specialized clothing or equipment worn for protection against contact with blood or OPIM.

R. “Secure area” means an area that is designated and maintained to prevent the entry of unauthorized persons.

S. “Semi-liquid blood, blood products” means blood, blood products that have intermediate fluid properties and are capable of flowing in a manner similar to liquid.

T. “Sterilize” means the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.

U. “Store” means the containment of infectious waste in such a manner as not to constitute collection, treatment, transport, or disposal.

V. “Tattoo” means:

1. Any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or

2. Any design, letter, scroll, figure, or symbol done by scarring; upon or under the skin.

W. “Tattoo artist” means any person who provides a tattoo to an individual.

X. “Tattoo operator” means any person who controls, operates, conducts, manages, or owns any tattoo parlor.

Y. “Tattoo Parlor” means any room or space where tattooing is provided or where the business of tattooing is conducted, including but not limited to a mobile or temporary facility.

Z. “Universal precautions” means an approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, HCV, and other blood borne pathogens.

5.06.030 License required.

A. In Inspection and Approval by Health Department. No license for a tattoo parlor, body piercing facility, tattoo artist, or body piercer license, shall be issued unless, following reasonable investigation by the Department, the applicant has demonstrated compliance with the provisions of this Section and all other provisions of this Chapter. All licenses shall be conditioned upon continued compliance with the provisions of this Section, as well as all applicable provisions of this Chapter. All licenses shall be posted in a prominent and conspicuous area where it may be readily observed by clients.

B. License Application. Each application for a license shall include:

1. Name; Date of Birth; Sex; Residence; Mailing Address; Phone Number; Place(s) of Employment; Training and/or Experience; Proof of Attendance at a Blood borne Pathogen Training Program (or equivalent), given or approved by the Department.

2. Demonstration of knowledge of infectious disease control including waste disposal, and washing techniques, sterilizing equipment operation and methods, and sanitation/disinfection/ sterilization methods and techniques; facility safety and sanitation; knowledge of the above subjects may also be demonstrated through submission of documentation of attendance/ completion of courses. (Examples of courses approved by the Department include Preventing Disease Transmission (American Red Cross) and Blood-borne Pathogen Training (US OSHA). Training/courses provided by professional body art organizations/associations or by equipment manufacturers may also be submitted for consideration.)

3. Insurance. Before the Health Officer shall issue a license under this Chapter, the licensee shall file with the Health Officer a certificate of insurance. The certificate of insurance shall certify that a policy of insurance has been issued to the operator and provides coverage to the operator, and all tattoo artists and body piercers at the facility, for the period of the license, and is in full force and effect and that the premium has been paid thereon. The policy of insurance shall be in the sum of Five Hundred Thousand Dollars ($500,000.00) conditioned for the payment of any judgments received against the operator, tattoo artist, or body piercer for the death or injury of persons caused by the operation of a tattoo parlor, body piercing facility, tattoo artist or body piercer. (Professional liability coverage)

C. Business. Each tattoo parlor and each body piercing facility shall obtain a license therefor from the Health Department. The applicant shall provide the following information on the application for a license:

1. The name and address of the business.

2. Name and address of all owners if a sole proprietor or partnership.

3. Names and addresses of all persons owning ten (10) percent or more interest in the business if the proposed licensee is a business entity other than a sole proprietor or partnership.

4. Name and address of the manager or person responsible for the operation of the Business. Only one (1) license shall be required for a tattoo parlor and body piercing facility if both activities are conducted at the same location by the same business. The cost of a license shall be Three Hundred Dollars ($300.00). All licenses shall expire on December 31 of the year for which it was obtained. The license shall be posted at the tattoo parlor or body piercing facility in the place where tattooing and body piercing are performed and shall be clearly visible to the public. The license shall not be transferable. The business shall be subject to inspection during business hours of the licensee by the Health Department.

D. Tattoo Artist or Body Piercer License. Every person desiring to perform any tattooing or body piercing shall obtain a Tattoo Artist and/or Body Piercer License from the Health Department prior to performing any tattooing or body piercing. One license may be obtained for both tattooing and body piercing. The cost of said license shall be One Hundred Dollars ($ 100.00). All Licenses expire on December 31 of the year to which it applies. The license shall be posted in the place where the tattooing or body piercing is performed and shall be clearly visible to the public.

E. In the event the tattoo parlor or body piercing facility is a sole proprietorship, the business license is obtained as provided above, and the owner performs tattooing or body piercing at that location, the sole proprietor shall not be required to obtain a tattoo artist or body piercer license. The sole proprietor shall only be required to obtain a business license as provided above.

F. General Requirements. No person shall do any of the following:

1. Operate a business that offers tattooing or body-piercing services, unless the Vanderburgh County Health Department has approved the business, under 410 410 1-5 and this Chapter;

2. Perform a tattooing or body-piercing procedure, in a manner that does not meet the safety and sanitation standards established under Rule 5, 410 410 1-5 and this Chapter;

3. Perform a tattooing or body-piercing procedure in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts of equipment used in performing the procedures established by this chapter, and under Rule 5, IAC 1-5.

5.06.040 Inspections.

The Vanderburgh County Health Department shall conduct inspections of every tattoo parlor and body piercing facility located in Vanderburgh County, Indiana. The Health Department shall conduct a minimum of one inspection per year. Additional inspections may be conducted by the Health Department as they determine or in response to complaints submitted. The results of the inspections shall be provided to each operator. Violations noted by the Health Department shall be corrected immediately. The Department shall conduct follow up inspections to determine compliance with this Chapter.

5.06.050 Sanitary operation of tattoo parlors and body piercing facilities.

All places, individuals and businesses that offer to affix any type of permanent tattoo or body piercing to a person shall be regulated by this Chapter and shall maintain the premises in which tattoos and body piercing are performed and equipment used in the tattoo or body piercing process in a sanitary manner.

5.06.060 Tattoo operator and body piercing facility training responsibilities.

An individual or entity that is a tattoo parlor or body piercing facility shall comply with the following training responsibilities:

A. Ensure that the training described in the Indiana occupational safety and health administration’s blood borne pathogens standard (as found in 29 CFR 1910.1030) is provided to all tattoo artists, body piercer, anyone employed by the tattoo parlor, or anyone acting on behalf of the tattoo parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parental contact with blood or OPIM.

B. Ensure that training on the handling of infectious waste is provided to all tattoo artists, body piercers, anyone employed by the tattoo parlor, or anyone acting on behalf of the tattoo parlor who has a reasonably anticipate risk for skin, eye mucous membrane, or parental contact with blood or OPIM.

C. Ensure that a record of training described in subdivision (1) is maintained, as required under the Indiana occupational safety and health administration’s blood borne pathogens standard (as found in 29 CFR 1910.1030) of an individual’s participation in the training that is provided. The record shall be made available to the Health Department for inspection upon request.

D. Ensure that a record of training described in subdivision (2) is maintained.

5.06.070 Tattoo operation and body piercing facility responsibilities.

A. The tattoo operator or body piercer shall ensure that tattoo artists, body piercers, anyone employed by the tattoo parlor, or anyone acting on behalf of the tattoo parlor or body piercer who has a reasonably anticipated risk for skin, eye mucous membrane, or parental contact with blood or OPIM, are provided personal protective equipment and expendables needed to implement the precautions required by this rule and the Indiana Occupational Safety and Health Administration’s blood borne pathogens standard (as found in 29 CFR 1910.1030).

B. The Tattoo operator shall require tattoo artists, body piercers, anyone employed by the tattoo parlor, or anyone acting on behalf of the tattoo parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parental contact with blood or OPIM to provide evidence of compliance with universal precautions education requirements contained in this Chapter.

C. The tattoo operator shall display a description of compliance with the requirements contained in subsection D.

D. The tattoo operator shall display written materials prepared or approved by the Health Department explaining universal precautions and patron’s rights under this rule. These materials shall include information on how to report violations of universal precautions and shall include information regarding the department’s duties to investigate.

E. The tattoo operator shall insure that no illegal drugs or alcohol are consumed or permitted in the tattoo parlor.

F. The tattoo operator shall insure that no tattoo shall be affixed to any intoxicated person.

5.06.080 Tattoo operator and body piercing policies.

The tattoo operator and body piercer shall develop a written policy in compliance with this Chapter and the requirements of the Indiana occupational safety and health administration’s Blood borne pathogen standard (as found in 29 CFR 1920.1030) that:

A. Requires the use of universal precautions when performing tattooing or body piercing and any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parental contact with blood or OPIM;

B. Includes the safe handling of infectious waste; and

C. Provides sanctions, including discipline and dismissal, if warranted, for failure to use universal precautions and/or handle infectious waste safely.

5.06.090 Tattoo artist and body piercer minimum training and certification requirements.

A. All tattoo artists, body piercers, anyone employed by the tattoo parlor or body piercing facility or anyone acting on behalf of the tattoo parlor or body piercing facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parental contact with blood or OPIM shall complete the training program that is required under the Indiana Occupational Safety and Health Administration’s blood borne pathogens standard (as found in 29 CFR 1910.1030). The programs under this section shall be as follows:

1. A blood borne pathogen training session provided by the tattoo operator meeting the requirements under the Indiana Occupational Safety and Health Administration’s blood borne pathogens standard (as found in 29 CFR 1910.1030).

2. Any blood borne pathogen continuing education program accredited by a health care licensing entity.

B. All tattoo artists, body piercers, anyone employed by the tattoo parlor, or anyone acting on behalf of the tattoo parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parental contact with blood or OPIM must be trained in the tattoo parlor’s policies on the handling of infectious waste.

5.06.100 Patron records.

Records of each patron shall be maintained for two (2) years. The record shall include the following:

A. Patron’s name.

B. Patron’s address.

C. Patron’s age. Age must be verified by two items of identification, one of which must be a valid government issued identification.

D. Date patron was tattooed.

E. Design of the tattoo.

F. Location of the tattoo or piercing on the patron’s body.

G. The name of the tattoo artist or body piercer who performed the work.

H. Parental consent must be maintained in writing when performed on any minor as permitted by law.

5.06.110 Tattooing/body piercing of minors.

A. No person shall tattoo a person who is less than eighteen (18) years of age except as permitted by law.

B. This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the course of the health care professional’s practice.

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

1. Is present at the time the tattoo is provided or body piercing is performed; and

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

5.06.120 Illness.

Tattoo artists or body piercers who are experiencing symptoms of acute disease that include, but are not limited to:

A. diarrhea;

B. vomiting;

C. fever;

D. rash;

E. productive cough:

F. jaundice; or

G. draining (or open) skin infections, boils, impetigo, or scabies shall refrain from providing tattoos or body piercing.

5.06.130 Hand washing.

A. Hand washing facilities shall be readily accessible in the same room where tattooing or body piercing is provided.

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

C. Only disposable single use towels shall be used.

5.06.140 Personal protective equipment.

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

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

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

D. Gloves shall be worn when decontaminating environmental surfaces and equipment.

5.06.150 Tattooing/body piercing equipment.

A. Only single use razors shall be used to shave the area to be tattooed, or body part to be pierced. Single-use razors shall be discarded in sharps containers immediately after use. Razors should not be bent or broken or otherwise manipulated prior to disposal.

B. The stencil for transferring a design to the skin is to be single-use, only, and shall be properly disposed of after a single use.

5.06.160 Needles.

A. Needles shall be individually packaged and sterilized prior to use.

B. Needles shall be single- use only.

C. Needles shall be discarded in sharps containers immediately after use.

D. Contaminated needles shall not be bent or broken or otherwise manipulated by hand.

5.06.170 Reusable equipment requiring sterilization.

A. Heating procedures capable of sterilization must be used when heat stable, non-disposable equipment is sterilized. Equipment used for the piercing of ears which cannot tolerate heating procedures may be sterilized using a technique that is approved by the Health Officer.

B. Equipment that is to be sterilized shall be put in single use packaging.

C. Records must be maintained to document the following:

1. Duration of sterilization technique.

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

3. Equipment is maintained as recommended by the owners manual and proof is available that the owners manual recommendations are reviewed monthly.

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

E. Reusable contaminated equipment shall be:

1. Placed in puncture-resistant containers;

2. Labeled with the biohazard symbol;

3. Leak proof on both sides and bottom; and

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

F. Contaminated reusable equipment shall be effectively cleaned prior to sterilization.

G. Reusable tubes shall be effectively cleaned and sterilized before use.

5.06.180 Dyes or pigments.

A. All dyes or pigments in tattooing shall be from professional suppliers specifically providing dyes or pigments for the tattooing of human skin.

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

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

D. Any object placed under the skin shall be sterile.

5.06.190 Work environment.

A. No tattooing or body piercing shall be conducted in any room used as living quarters or in any room that opens directly in living or sleeping quarters.

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

1. Patrol dogs accompanying security or police officers.

2. Guide dogs accompanying the following:

a. Blind persons.

b. Partially blind persons.

c. Physically disabled persons.

d. Guide dog trainers.

e. Persons with impaired hearing.

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

D. Food and drink shall not be kept in work areas where there is a reasonable anticipated risk of exposure to blood or OPIM.

E. All equipment and environmental surfaces shall be cleaned and decontaminated after contact with blood or OPIM.

F. Environmental surfaces and equipment not requiring sterilization that have been contaminated by blood shall be cleaned and decontaminated.

G. All work surfaces shall be:

1. nonabsorbent

2. easily cleanable:

3. smooth; and

4. Free of:

a. breaks;

b. open seams;

c. chips;

d. pits; and

e. similar imperfections.

H. Disinfectant solutions shall be:

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

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

5.06.200 Infectious waste containment.

A. Contaminated disposable needles or instruments shall be stored in leak-resistant puncture-resistant container, tightly sealed to prevent expulsion, labeled with the biohazard symbol, and effectively treated in accordance with this rule prior to being stored in an unsecured area and sent for final disposal.

B. Infectious wastes that are not contaminated sharps or objects that could potentially become contaminated sharps shall be placed in containers that meet the following requirements:

1. Impervious to moisture.

2. Sufficient strength and thickness to prevent expulsion.

3. Secured to prevent leakage expulsion.

4. Labeled with the biohazard symbol.

5. Effectively treated in accordance with this rule prior to being placed in an unsecured area and sent for final disposal.

C. If infectious waste is stored prior to final disposal, all persons subject to this rule shall store infectious waste in a secure area that:

1. Is locked or otherwise secured to eliminate access by or exposure to the general public;

2. Affords protection from adverse environmental conditions and vermin; and

3. Has a prominently displayed biohazard symbol.

D. Infectious waste shall be stored in a manner that preserves the integrity of the container, and is not conducive to rapid microbial growth and putrefaction.

E. Disinfect reusable containers for infectious waste each time that they are emptied unless the surfaces of the reusable containers have been protected from contamination by disposable liners, bags, or other devices that are removed with the infectious waste.

5.06.210 Treatment and transport of infectious waste.

A. All tattoo operators and body piercers shall ensure that infectious waste is either treated on-site in accordance with this Chapter or transported off-site for treatment in accordance with this Chapter.

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

1. Incineration in an incinerator designed to accommodate infectious waste;

2. Steam sterilization;

3. Chemical disinfection under circumstances where safe handling of the waste is assured;

4. Thermal inactivation;

5. Irradiation; or

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

C. All persons subject to this Chapter shall:

1. Transport infectious waste in a manner that reasonably protects waste haulers and the public from contracting a dangerous communicable disease; and

2. Effectively treat infectious waste in accordance with this Chapter before it is compacted.

D. The tattoo operator shall ensure that infectious waste, effectively treated or not, is transported offsite in compliance with 410 410 1-3.

5.06.220 Post tattoo/body-piercing infection prevention.

A. Each Tattoo/Body-piercing Business is to provide instruction to its clients in methods to prevent infection, such as the use of bactericidal creams and ointments and soap, and appropriate barrier dressings where indicated.

B. Each client should be instructed to seek immediate medical attention should there be any evidence of infection.

5.06.230 Effect of state regulations.

If this Chapter contains rules or regulations that are or become less strict than Rules and Regulations of the State of Indiana, then such stricter rules of the State shall apply and supersede those of this Chapter. The tattoo artist, body piercer and the owners thereof shall comply with all Rules and Regulations of the State of Indiana. In the event this Chapter contains provisions which are stricter than those of the State of Indiana, then the stricter provisions found herein shall apply.

5.06.240 Tattoo/body-piercing operator requirements and professional standards.

The following information shall be kept on file on the premises of a tattoo/body-piercing establishment and available for inspection by the Department.

A. The names of all Operators/Technicians in the establishment and their exact duties, including the following information:

1. Full names; date of birth; gender; home address; home/work phone numbers; identification photos of all operators/technicians;

2. Establishment name; hours of operation; owner’s name and address;

3. A complete description of all procedures performed;

4. An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if available or applicable;

5. A copy of these Regulations.

B. Licenses shall be prominently displayed in the body art establishment and shall not be defaced or altered in any manner.

C. It shall be unlawful for any person to perform tattoo or body-piercing procedures unless such procedures are performed in a Tattoo Body-piercing Establishment with a current license.

D. The Operator must be a minimum of eighteen (18) years of age.

E. Smoking, eating, or drinking by anyone is prohibited in the area where tattoos and body piercings are performed.

F. Operators shall refuse service to any person who, in the opinion of the operator, is under the influence of alcohol or drugs.

G. The Operator shall maintain a high degree of personal cleanliness, conform to hygienic practices and wear clean clothes when performing tattoo or body-piercing procedures.

H. In performing tattoos and body-piercing procedures, the Operator shall wear disposable medical gloves. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client.

I. If, while performing a tattoo or body-piercing procedure the Operator’s glove is pierced, torn or otherwise contaminated, the contaminated gloves shall be immediately discarded and the hands washed thoroughly before a fresh pair of gloves are applied. Any item or other instrument used for a tattoo or bodypiercing which is contaminated during the procedure shall be discarded and replaced immediately with new ones before the procedure resumes.

J. Contaminated waste, as defined in this Chapter, which may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved “red” bag which is marked with the International biohazard symbol. It must then be disposed of by a waste hauler approved by the Department. Sharps ready for disposal shall be disposed of in approved sharps containers. Contaminated waste which does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods.

K. Any skin or mucosa surface to receive a tattoo or body-piercing procedure shall be free of rash, infection or any other visible pathological condition.

L. The skin of the Operator shall be free of rash, infection or any other visible pathological condition. No person or operator affected with boils, infected wounds, open sores, abrasions, exudative lesions, acute respiratory infection, nausea, vomiting, diarrhea, or jaundice shall work in any area of a tattoo/body-piercing establishment in any capacity in which there is a likelihood of contaminating tattoo or body-piercing equipment, supplies or working surfaces with pathogenic organisms.

M. Each Tattoo Artist and Operator should be able to proved the following information, upon request of the Department: that each Tattoo Artist and Operator has either completed or been offered and declined, in writing, the Hepatitis B vaccination series; that antibody testing has revealed that the employee is immune to Hepatitis B; or that the vaccine is contraindicated for medical reasons.

5.06.250 Minimum standards for all establishments which offer a body-piercing service to the public.

A. Procedures and Practices for Body-Piercing:

1. Piercings of minors will be permitted only with a legal guardian present, and must comply with Section 5.06.110 of this Chapter. Both parties must provide valid Identification. Both parties must fully understand post piercing after-care suggestions.

2. Piercing an obviously intoxicated person is prohibited.

3. The use of properly configured, autoclave sterilization units on all reusable items if mandatory. Monthly efficacy testing, via a “spore test” is mandatory. “Dry” heat, Glass Bead or pressure cookers are not acceptable methods of sterilization.

4. All counter tops, displays and doorknobs must be non-porous and frequently disinfected throughout the day and as needed.

5. Operators must attend and pass a certified CPR and Basic First Aid class.

6. Owners who have employees must implement OSHA Blood Borne Pathogens Standard #1910.1030.

7. An understanding of and vigilant use of cross contamination prevention and infection control must be documented.

8. Thorough hand washing, utilizing sufficient amounts of soap and running water must be performed immediately prior and immediately after each individual service. Single-use, disposable paper products are to be used.

9. New, clean and fresh disposable medical gloves are to be worn for each new service. Gloves must be changed after each occurrence of contamination. Gloves should be stored in a very clean, closed container when not in use.

10. All needles must be individually bagged and autoclave sterilized, used on one client and one client only, and immediately disposed of in an OSHA-approved Sharps container. Removal of full (2/3’s), sealed, labeled containers, by a Medical Waste Disposal Service, which follows Indiana Infectious Waste Rule (410 410 1-3), must be documented.

11. After soaking in an enzymatic detergent such a Enzol (or equiv.) for no less than ten (10) minutes, used reusable tools must be thoroughly cleaned.

12. All reusable, stainless steel instruments must be autoclaved in appropriate, dated, sealed bags with indicator strips fully visible. Immediately after use, the tool is to be placed in a lidded, non-porous container to await detergent soak, cleaning, drying and bagging, prior to autoclaving. This container must be disinfected at least daily.

13. A hospital-level, hard surface disinfectant must be employed on all involved surfaces prior to every individual’s piercing session. All involved surfaces must be non-porous and in excellent repair.

14. All supplies that come into contact with the piercing station should be in “single portion” form and stored in very clean, closed containers.

15. All jewelry is to be made of high quality 14k Solid Gold, Surgical Grade Stainless Steel (316L series), Niobium, Titanium, Platinum or inert plastics.

16. Sterilized items, in unopened bags, must be left in the autoclave to dry. The door on the autoclave may be left slightly ajar to facilitate drying. Once dry, using clean and fresh gloves, bagged tools must be placed in a very clean, closed container.

17. A separate, dedicated area must be provided for the preparation, cleaning and disinfection of tools and equipment.

18. A service sink, with hot and cold running water, is to be separated from the above area. Wrist, elbow, infrared or foot-operated fixtures must be installed. This sink is never to be used for food or drink preparation.

19. Privacy screens or devices must be made available at the patron’s request.

20. All restrooms available to the public must be kept clean and disinfected regularly and as needed.

21. Written post-piercing aftercare instructions must be provided.

5.06.260 Fines and penalties-Revocation of licenses.

A. Failure to Obtain Required License. No person shall do body piercing or tattooing without obtaining a license therefore as required by this Chapter. There is hereby imposed a fine of Two Hundred Dollars ($200.00) for violation of the provisions of this Chapter requiring a Tattoo Business License or Body Piercing Business License. No person shall perform tattooing or body piercing without obtaining and maintaining the licenses required by this Chapter. Any person who performs tattooing or body piercing without a license as required by this Chapter, shall be subject to a fine of One Hundred Dollars ($100) per violation.

B. Failure to Comply with Other Provisions of this Chapter. Failure to comply with any provision of this Chapter, shall constitute a violation of this Chapter. The fine for violating any other provision of this Chapter, except failure to obtain or maintain a license which is provided in (A) above, shall be fifty dollars ($50.00) per violation, unless violation causes harm to any person in which event the fine shall be not less than one thousand dollars ($1,000.00) and not more than two thousand five hundred dollars ($2,500.00) depending on the severity of the harm to the individual.

C. Each event or each day a violation exists shall constitute a separate violation of this Chapter.

D. Revocation of License. The Health Officer may suspend or revoke the license of any Tattoo/Bodypiercing Business for any period of time for any violation of this Chapter, state or federal regulations concerning blood-borne pathogens, tattoos, body-piercing or work place regulations (OSHA). The suspension and/or revocation shall be effective upon issuance by the Health Officer. The establishment may have the license reinstated upon compliance with this Chapter, state, or federal regulations concerning blood-borne pathogens, tattoos, body-piercing or work place regulations (OSHA) and to the satisfaction of the Health Officer. Appeals of orders of revocation shall be conducted pursuant to IC 4-21.5-3-1 et. seq. The Board of Health shall conduct administrative hearings concerning the suspension or revocation of any permit issued herein as set forth in IC 4-21.5-3 et. seq.”

(Chapter 5.06 Added, 3/31/2009)