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(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.
History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.04, r. and recr. Register January 2009 No. 637, eff. 2-1-09; correction in (1), (3) (a) 1., (b), (4) (b), (c) 6., (d), (e), (5) under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.05Department fees.
(1)Fee schedules. The fees listed in Table SPS 221.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table SPS 221.05 B shall apply to licenses issued on or after April 1, 2011.
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.
(2)Types of fees.
(a) Preinspection fee. The operator of an establishment shall, pursuant to sub. (1), pay the applicable preinspection fee listed in Table SPS 221.05 A or B to the department before an initial or new license is issued under s. SPS 221.04.
(b) License fee.
1. ‘Establishment.’ The operator of an establishment shall, pursuant to sub. (1), pay the applicable license fee listed in Table SPS 221.05 A or B to the department for each establishment that the operator applies for a license to operate under s. SPS 221.04 (1) or (2).
2. ‘Practitioner.’ A practitioner shall, pursuant to sub. (1), pay the applicable license fee listed in the Table SPS 221.05 A or B to the department.
(c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator shall pay to the department a late fee of $85.00 in addition to the renewal license fee.
(d) Reinspection fee. If the department conducts a reinspection of an establishment under s. SPS 221.06 (1) (b), the operator shall, pursuant to sub. (1), pay to the department the applicable reinspection fee listed in Table SPS 221.05 A or B. The department shall assess an additional reinspection fee as listed in Table SPS 221.05 A or B, whichever is applicable, for any additional reinspection conducted under s. SPS 221.06 (1) (b) 4.
(e) Fees for operating without a license. An establishment found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under s. SPS 221.04 (5). A practitioner found to be practicing without a license shall pay to the department $150, in addition to all applicable fees and any processing charges under s. SPS 221.04 (5).
Note: Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
(f) Duplicate license. The department shall charge the operator or practitioner, as applicable, $15.00 for a duplicate license.
(g) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department’s licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
(3)Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under sub. (1) and the financial institution’s processing charges by cashier’s check or other certified draft, money order, or cash.
History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction in (1), (2) (a), (b), (d), (e), Tables A and B under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.06Enforcement.
(1)Inspections and access to the premises.
(a) Inspections. Under s. 463.10, 463.12, or 463.16, Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any establishment at any reasonable time, for any of the following purposes:
1. To inspect the establishment.
2. To determine if there has been a violation of this chapter, s. 463.10 or 463.12, Stats., or an ordinance enacted under s. 463.16, Stats.
3. To determine compliance with previously written violation orders.
4. To secure samples or specimens.
5. To examine and copy relevant documents and records provided such information is related to the operation of the establishment.
6. To obtain photographic or other evidence needed to enforce this chapter.
(b) Reinspections.
1. The department or its agent may reinspect an establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the establishment.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
3. A reinspection fee shall be charged for the reinspection according to Table SPS 221.05 A or B, or applicable charges as determined by an agent of the department.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee. The department may order the operator to show just cause why the license should not be suspended or revoked under s. SPS 221.07.
(2)General orders to correct violations.
(a) If upon inspection of an establishment, the department or agent finds that the establishment is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
(b) If the order to correct a violation is not carried out by the expiration of the time period stated in the order, or any extension of time granted by the department or agent, the department or agent may suspend or revoke the license to operate the establishment.
(c) Any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s. SPS 221.08.
(3)Temporary orders.
(a) As provided under s. 227.51 (3), Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
1. Prohibit the continued operation or method of operation of specific equipment.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
3. Require a practitioner to cease tattooing or body piercing.
1. A temporary order shall take effect upon delivery to the operator, establishment, or practitioner, as applicable. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of delivery. A temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. SPS 221.08. The notice shall include a statement that the facility has a right to request a hearing under s. SPS 221.08 within 15 days after issuance of the notice.
(d) Pursuant to s. 463.18, Stats., any person who willfully violates or obstructs a departmental order relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction in (1) (a), 2., (b) 3., 4., (2) (c), (3) (a) (intro.), (c), (d) under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.065Level III local health department. A level III local health department shall do all of the following:
(1)Conduct inspections and investigations, issue licenses and enforce the department’s rules, ch. SPS 221, promulgated under ss. 463.10 (4) and 463.12 (4), Stats., for regulation of tattooists and tattoo establishments and regulation of body piercers and body-piercing establishments, upon entering into an agreement with the department under s. 463.16, Stats., to serve as the department’s agent for this purpose in the local health department’s area of jurisdiction.
History: Renum. from DHS 140.06 (1) (d) under s. 13.92 (4) (b) 1., Stats., Register December 2015 No. 720; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
SPS 221.07Suspension or revocation of license. The department may, after a hearing under s. SPS 221.08, suspend or revoke a license for violation of s. 463.10 or 463.12, Stats., this chapter, or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s. SPS 221.08 (1).
History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.08Appeals of actions by the department.
(a) Except as specified under sub. (2) or (3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under s. SPS 221.06 (1) (b) 4. or (2), shall be submitted in writing to the department of administration’s division of hearings and appeals within 15 days after receipt of the notice of the department’s action.
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
(2)As a condition for requesting a hearing to appeal the voiding of a license, a license applicant or operator, or practitioner, as applicable, shall comply with sub. (4). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees and processing charges have been paid.
(3)A request for hearing on a temporary order given by the department under s. SPS 221.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the appellant agree to a later date, the immediate danger to health is removed, the order is not contested or the appellant and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
(a) Changes to or replacement of equipment or construction.
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
(4)If the department voids a license under s. SPS 221.04 (5), for failure to pay fees, the licensee shall submit, within 15 days after receipt of the notice of the department’s action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction in (1) (a), (3) (intro.), (4) under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.09Appeals of actions by agent health departments. If an agent issues licenses directly under s. 463.16, Stats., the agent shall create enforcement and appeal procedures in accordance with s. 66.0417, Stats., which shall supersede enforcement and appeal procedures under s. SPS 221.08 (2) and (4).
History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.
SPS 221.10Patrons.
(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.
(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; CR 08-073: renum. from HFS 173.05 Register January 2009 No. 637, eff. 2-1-09.
SPS 221.11Physical 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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.