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(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.
(6)Toilet rooms.
(a) All tattoo and body-piercing establishments shall have a public toilet and handwashing facility which is separated from any living area.
(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.
(7)Handwashing facilities.
(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.
(b) Anti-bacterial soap in a dispenser and single-service towels for drying hands shall be provided at all handwashing facilities.
(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.
(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.
(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.
(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.
(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.
(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.
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 221.12Personnel.
(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.
(2)Restriction. No tattooist or body piercer may work while under the influence of alcohol or a mind-altering drug.
(3)Personal cleanliness.
(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.
(b) Tattooists and body piercers shall dry their hands and arms with individual single-service towels.
(c) Tattooists and body piercers shall maintain a high degree of personal cleanliness and shall conform to good hygiene practices during procedures.
(4)Clothing. All tattooists and body piercers shall wear clean, washable outer clothing.
(5)Hygienic practices.
(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.
(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.
(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.
(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.
(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.
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 221.13Equipment.
(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.
(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.
(3)Needles, bars and tubes shall be constructed in a manner that permits easy cleaning and sterilizing.
(4)Acetate tattoo stencils shall be single-use.
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 221.14Cleaning and sterilization.
(1)Cleaning.
(a) After each use, tattooing and body-piercing equipment shall be cleaned to remove blood and tissue residue before sterilization.
(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.
(c) All containers holding contaminated needles, tubes, reusable body-piercing equipment and container lids shall be cleaned and disinfected at least daily.
(d) The tattoo machine shall be cleaned and disinfected before each use.
(e) Gloved personnel shall clean needles and tubes prior to sterilization by doing all of the following:
1. Manually pre-cleaning the items with care taken to ensure removal of residue; thoroughly rinsing the items with warm water and then draining the water; cleaning the items by soaking them in a protein-dissolving detergent-enzyme cleaner used according to manufacturer’s instructions; and cleaning the items further in an ultrasonic cleaning unit which operates at 40 to 60 hertz and is used according to the manufacturer’s instructions.
2. Rinsing and drying the items.
(f) Prior to autoclaving, all needles and tubes shall be packaged either individually or in quantities appropriate for individual procedures. Packages shall be identifiable and dated.
(2)Sterilization.
(a) Equipment requiring sterilization shall be pressure-sterilized at the establishment in an autoclave and in accordance with the manufacturer’s instructions.
(b) Each batch of sterilized equipment shall be monitored for sterilization by use of heat-sensitive indicators capable of indicating approximate time and temperature achieved.
(c) Autoclaves shall be spore-tested at least monthly. Spore kill test effectiveness shall be conducted by an independent laboratory.
(d) Sterilized equipment shall be wrapped or covered and stored in a manner which will ensure that it will remain sterile until used.
(e) Each tattoo or body-piercing establishment shall maintain sterilization records including spore tests for at least one year from the date of the last entry, which shall include the following information:
1. Date of sterilization.
2. Name of the person operating the equipment.
3. Result of heat-sensitive indicator.
(f) Sterilized equipment shall be re-sterilized if the package is opened, damaged or becomes wet.
(g) All methods of sterilization other than autoclaving are prohibited.
History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.09 Register January 2009 No. 637, eff. 2-1-09.
SPS 221.15Preparation and care of site.
(1)Preparation by practitioner. Before beginning a procedure, the tattooist or body piercer shall clean the skin area for the tattooing or piercing and then prepare it with an antiseptic. The solution shall be applied with cotton, gauze or single-use toweling.
(2)Care instructions for patron. After completing a procedure, the tattooist or body-piercer shall provide the patron with oral and written instructions on the care of the tattoo or pierce.
History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.10 Register January 2009 No. 637, eff. 2-1-09.
SPS 221.16Temporary establishments. In addition to requirements under ss. SPS 221.01 to 221.15 that apply to all establishments, the following requirements apply specifically to temporary establishments:
(1)License.
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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.