Wisconsin Legislature: SPS 221.03(1)

Ch. SPS 221 Note Note: Chapter HFS 173 was renumbered chapter DHS 173 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 173 was renumbered chapter SPS 221 under s. 13.92 (4) (b) 1., Stats., Register December 2015 No. 720.

SPS 221.01 SPS 221.01 Authority and purpose. This chapter is promulgated under the authority of ss. 463.10 (4), 463.12 (4) and 463.16 (9), Stats., for the purpose of regulating tattooists, tattoo establishments, body piercers, and body-piercing establishments in order to protect public health and safety.

SPS 221.01 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.01 Register January 2009 No. 637, eff. 2-1-09; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

SPS 221.02 SPS 221.02 Scope.

SPS 221.02(1)(1) Applicability. This chapter applies to all tattooists, body piercers, tattoo establishments, and body-piercing establishments.

SPS 221.02(2) (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.

SPS 221.02 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.02 Register January 2009 No. 637, eff. 2-1-09.

SPS 221.03 SPS 221.03 Definitions. In this chapter:

SPS 221.03(1) (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. 463.16 (1), Stats., to issue licenses to and make investigations or inspections of tattooists, tattoo establishments, body piercers, and body-piercing establishments.

SPS 221.03(2) (2) “Antiseptic" means a chemical that kills or inhibits the growth of organisms on skin or living tissue.

SPS 221.03(3) (3) “Approved" means acceptable to the department based on its determination of conformance to this chapter and good public health practices.

SPS 221.03(4) (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.

SPS 221.03(5) (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.

SPS 221.03(6) (6) “Body piercer" means a person who performs body piercing on another person at that person's request.

SPS 221.03(7) (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.

SPS 221.03(8) (8) “Body-piercing establishment" means the premises where a body piercer performs body piercing.

SPS 221.03(9) (9) “Cleaning" means the removal of foreign material from objects, normally accomplished with detergent, water, and mechanical action.

SPS 221.03(10) (10) “Department" means the department of safety and professional services.

SPS 221.03(11) (11) “Disinfectant" means a chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.

SPS 221.03(11m) (11m) “Establishment" means a body-piercing establishment, a tattoo establishment, or combined tattoo and body piercing establishment.

SPS 221.03(12) (12) “Hot water" means water at a temperature of 110°F. or higher.

SPS 221.03(13) (13) “Local health department" means an agency of local government that takes any of the forms specified in s. 250.01 (4), Stats.

SPS 221.03(14) (14) “Operator" means the owner or person responsible to the owner for the operation of a tattoo or body-piercing establishment.

SPS 221.03(15) (15) “Patron" means a person receiving a tattoo or body piercing.

SPS 221.03(16) (16) “Practitioner" means a tattooist or body piercer.

SPS 221.03(17) (17) “Premises" means a building, structure, area, or location where tattooing or body piercing is performed.

SPS 221.03(18) (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.

SPS 221.03(19) (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.

SPS 221.03(20) (20) “Sterilization" means the killing of all organisms and spores through use of an autoclave operated at a minimum of 250°F. (121°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.

SPS 221.03(21) (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.

SPS 221.03(22) (22) “Tattoo establishment" means the premises where a tattooist applies a tattoo to another person.

SPS 221.03(23) (23) “Tattooist" means a person who tattoos another person at that person's request.

SPS 221.03(24) (24) “Tempered water" means water ranging in temperature from 85°F. to less than 110°F.

SPS 221.03(25) (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.

SPS 221.03 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.03 and am. (10), cr. (11m) Register January 2009 No. 637, eff. 2-1-09; correction in (1) under s. 13.92 (4) (b) 7., Stats., correction in (10) under s. 13.92 (4) (b) 6., Stats., Register December 2015 No. 720.

SPS 221.04 SPS 221.04 Licenses.

SPS 221.04(1)(1) License required.

SPS 221.04(1)(a)(a) Establishments.

SPS 221.04(1)(a)1.1. No person may operate an establishment until the person has obtained a license from the department or its agent by submitting an application under sub. (3) and paying the applicable fee specified under s. SPS 221.05. A separate license is required for each establishment.

SPS 221.04 Note Note: Local health departments that are agents for the department have authority under s. 463.16 (4), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.

SPS 221.04(1)(a)2. 2. The operator of an establishment shall notify the department or its agent of the operator's intention to cease operations and shall supply the department with the name and mailing address of any new operator. An establishment license is not transferable. If an operator sells or otherwise transfers ownership or operation of an establishment to another person, a new initial license is required, and the establishment may not be opened to the public until the department has issued a new initial license.

SPS 221.04(1)(b) (b) Practitioner. 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 under sub. (3).

SPS 221.04(2) (2) License duration and renewal.

SPS 221.04(2)(a)(a) Each establishment and practitioner's license issued under this chapter shall expire on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.

SPS 221.04(2)(b) (b) Each license shall be renewed annually as provided in sub. (3) (b).

SPS 221.04(3) (3) License application.

SPS 221.04(3)(a)(a) Initial license. Application for an initial or new practitioner or establishment license shall be made on an application form furnished by the department or its agent and accompanied by all of the following:

SPS 221.04(3)(a)1. 1. The applicable fees specified under s. SPS 221.05 and any fees previously due to the department or its agent.

SPS 221.04(3)(a)2. 2. Information, as determined by the department or its agent, indicating that the establishment will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the establishment that will protect the health, safety, and welfare of the public.

SPS 221.04(3)(b) (b) Renewal license.

SPS 221.04(3)(b)1.1. To renew the license of an establishment, the operator shall pay the department, the applicable establishment license fee specified under s. SPS 221.05 before the license expires. If the payment to renew the license of an establishment is not made to the department before the expiration date of the establishment license, the late fee specified under s. SPS 221.05 (2) (c) shall be paid in addition to the license fee.

SPS 221.04(3)(b)2. 2. To renew a practitioner's license, the practitioner shall pay the department the fee specified under s. SPS 221.05 before the license expires.

SPS 221.04(4) (4) Department and agent action on license application.

SPS 221.04(4)(a)(a) The department or its agent shall issue or deny a license within 30 days after receiving a complete application, all applicable fees, and the other information required under sub. (3).

SPS 221.04(4)(b) (b) Except as provided in ss. 440.13 and 463.14, Stats., the initial issuance, renewal or continued validity of a license issued under this subsection may be conditioned upon the requirement that the licensee correct a violation of this chapter, s. 463.10 or 463.12, Stats., or ordinances adopted under s. 463.16, Stats., within the period of time specified. If the condition is not met within the specified time or after an extension of time as approved by the department, the license is void. No person may operate an establishment or practice as a tattooist or body piercer after the person's license has been voided under this paragraph, and any person who does may be subject to the penalties under s. 463.18, Stats. A person whose license is voided under this paragraph may appeal the decision under s. SPS 221.08.

SPS 221.04(4)(c) (c) The department or its agent may refuse to issue or renew a license to operate an establishment under any of the following circumstances:

SPS 221.04(4)(c)1. 1. The department or its agent has not conducted a preinspection of an establishment for which an initial or new license is required under sub. (1).

SPS 221.04(4)(c)2. 2. The operator of an establishment has not corrected a condition for which the department or agent has issued a written health or safety–related order.

SPS 221.04(4)(c)3. 3. All applicable fees owed to the department or its agent have not been paid, including the license fee, preinspection fee, reinspection fee, or other applicable fees.

SPS 221.04(4)(c)4. 4. The operator has modified, repaired or maintained the establishment in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.

SPS 221.04(4)(c)5. 5. The operator, license applicant, or licensee has failed to provide the department or its agent with information required under sub. (3).

SPS 221.04(4)(c)6. 6. The operator or license applicant has violated ch. 463, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of an establishment.

SPS 221.04(4)(d) (d) The department may refuse to issue or renew a license to practice as a tattooist or body piercer if the practitioner or applicant for a practitioner's license has violated ch. 463, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of an establishment or the practice of tattooing or body piercing.

SPS 221.04(4)(e) (e) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. SPS 221.08.

SPS 221.04(5) (5) Voided license for failure to pay fees. If a license applicant, operator, or practitioner fails to pay all applicable fees and processing charges under s. SPS 221.05 within 15 days after the license applicant, operator, or practitioner receives notice of an insufficiency under s. SPS 221.05, or within 45 days after the expiration of the license, whichever occurs first, the license is void. An operator or practitioner whose license is voided under this subsection may appeal the decision under s. SPS 221.08. In an appeal concerning a voided license under this subsection, the burden is on the license applicant, operator, or practitioner to show that the entire applicable fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of an establishment, or practice as a tattooist or body piercer, is deemed to be operation or practice without a license and is subject to the fees under s. SPS 221.05 (2) (e) in addition to the fees otherwise due, unless the license applicant, operator, or practitioner meets its burden of proof under this subsection.

SPS 221.04(7) (7) Display of license. The operator of an establishment shall display in the establishment, in a place visible to the public, the licenses issued by the department or its agent for the establishment and for all practitioners working in the establishment. A license may not be altered or defaced.