SPS 221.06(3)(a)(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:
SPS 221.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
SPS 221.06(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
SPS 221.06(3)(b)1.1. 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.
SPS 221.06(3)(b)2.
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.
SPS 221.06(3)(c)
(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.
SPS 221.06(3)(d)
(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.
SPS 221.06 History
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 221.065
SPS 221.065 Level III local health department. A level III local health department shall do all of the following:
SPS 221.065(1)
(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.
SPS 221.065 History
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 221.07
SPS 221.07
Suspension 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).
SPS 221.08
SPS 221.08
Appeals of actions by the department. SPS 221.08(1)(a)
(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.
SPS 221.08(1)(b)
(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.
SPS 221.08(1)(c)
(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.
SPS 221.08(1)(d)
(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.
SPS 221.08 Note
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.
SPS 221.08(2)
(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.
SPS 221.08(3)
(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:
SPS 221.08(3)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
SPS 221.08(4)
(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.
SPS 221.08 History
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 221.09
SPS 221.09
Appeals 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).
SPS 221.10(1)(a)(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.
SPS 221.10(1)(b)2.
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.
SPS 221.10(1)(b)3.
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.
SPS 221.10(1)(b)4.
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.
SPS 221.10(1)(b)5.
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.
SPS 221.10(1)(c)
(c) Barriers to procedure. A tattooist or body piercer may not tattoo or body pierce any of the following:
SPS 221.10(1)(c)1.
1. A person who appears to be under the influence of alcohol or a mind-altering drug.
SPS 221.10(1)(c)2.
2. A person who has evident skin lesions or skin infections in the area of the procedure.
SPS 221.10(2)
(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.
SPS 221.10 History
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 221.11
SPS 221.11
Physical facilities and environment. SPS 221.11(1)(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.
SPS 221.11(2)
(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.
SPS 221.11(3)
(3) Lighting. Tattoo and body-piercing application areas shall maintain a minimum illumination of 50 footcandles.
SPS 221.11(4)
(4) Premises. The premises and all facilities used in connection with the premises shall be maintained in a clean, sanitary and vermin-free condition.
SPS 221.11(5)
(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.
SPS 221.11(6)(a)(a) All tattoo and body-piercing establishments shall have a public toilet and handwashing facility which is separated from any living area.
SPS 221.11(6)(b)
(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.
SPS 221.11(7)(a)(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.
SPS 221.11(7)(b)
(b) Anti-bacterial soap in a dispenser and single-service towels for drying hands shall be provided at all handwashing facilities.
SPS 221.11(7)(c)
(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.
SPS 221.11(8)
(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.
SPS 221.11(9)
(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.
SPS 221.11(10)
(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.
SPS 221.11(11)
(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.
SPS 221.11(12)
(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.
SPS 221.11 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.06
Register January 2009 No. 637, eff. 2-1-09.
SPS 221.12(1)(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.
SPS 221.12(2)
(2) Restriction. No tattooist or body piercer may work while under the influence of alcohol or a mind-altering drug.
SPS 221.12(3)(a)(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.
SPS 221.12(3)(b)
(b) Tattooists and body piercers shall dry their hands and arms with individual single-service towels.
SPS 221.12(3)(c)
(c) Tattooists and body piercers shall maintain a high degree of personal cleanliness and shall conform to good hygiene practices during procedures.
SPS 221.12(4)
(4) Clothing. All tattooists and body piercers shall wear clean, washable outer clothing.
SPS 221.12(5)(a)(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.
SPS 221.12(5)(b)
(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.
SPS 221.12(5)(c)
(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.
SPS 221.12(5)(d)
(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.
SPS 221.12(5)(e)
(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.
SPS 221.12 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.07
Register January 2009 No. 637, eff. 2-1-09.
SPS 221.13(1)(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.
SPS 221.13(2)
(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.
SPS 221.13(3)
(3) Needles, bars and tubes shall be constructed in a manner that permits easy cleaning and sterilizing.
SPS 221.13 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.08
Register January 2009 No. 637, eff. 2-1-09.
SPS 221.14(1)(a)(a) After each use, tattooing and body-piercing equipment shall be cleaned to remove blood and tissue residue before sterilization.
SPS 221.14(1)(b)
(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.
