Current through Register Vol. 42, No. 5, February 29, 2024
(1) Licensed
facility required - Except as otherwise allowed in these rules, all body art
procedures shall be performed in a body art facility which has a current, valid
license issued by the Department.
(2) Consent age -
(a) No person shall perform any body art
procedure upon a minor unless the person obtains the prior, written, informed
consent of the parent or legal guardian of the minor, as shown in Appendix B,
Consent for Minor.
(b) The parent
or legal guardian of the minor shall execute the written informed consent
required in this rule in the presence of the individual performing the body art
procedure on the minor, or in the presence of an employee or agent of that
individual. A photocopy of the parent or legal guardian's government issued
photo identification shall be obtained prior to the commencing of any body art
procedure and shall be retained by the facility as permanent record.
(c) Nothing in this section is intended to
require an operator to perform any body art procedure on a minor with parental
or guardian consent.
(3)
Clients under the influence -A person shall not perform any body art procedure
upon another individual if, in the opinion of the operator, the other
individual, or the consenting parent or guardian, is under the influence of
intoxicating liquor or a controlled substance.
(4) Gloves -
(a) The operator shall wear clean, intact,
single-use gloves when performing body art procedures. If a client is known to
have a latex allergy, then latex-free, single-use disposable gloves are to be
used.
(b) Under no circumstances
shall a single pair of gloves be used on more than one person. Gloves shall be
changed if they become contaminated by contact with any non-clean surfaces or
objects or contact with a third person. The gloves shall be discarded at a
minimum after the completion of each procedure on an individual client and
hands washed prior to donning the next set of gloves.
(c) The use of single-use gloves does not
preclude or substitute for hand washing procedures as part of a good personal
hygiene program.
(d) If, while
performing a body art procedure the operator's glove is pierced, torn or
otherwise contaminated, the contaminated glove shall be immediately discarded
and the hands washed thoroughly (see section (5)(b) of this rule) before a new
pair of gloves is applied. Any item or instrument used for body art, which is
contaminated during the procedure, shall be discarded and replaced immediately
with a new disposable or sterilized item or a new sterilized instrument before
the procedure resumes.
(5) Hygienic practices -
(a) The operator or technician shall maintain
a high degree of personal cleanliness, conform to hygienic practices, and wear
clean clothes when performing body art procedures.
(b) Before performing body art procedures,
the operator or technician must thoroughly wash their hands in hot running
water with liquid soap, then rinse hands and dry with disposable paper towels.
This shall be done as often as necessary to remove contaminants. Disposable
liquid soap dispensers shall not be refilled.
(c) Eating, drinking, or tobacco use in any
form by anyone is prohibited in the work area where body art is
performed.
(6) Operator
information required -The following information shall be kept on file on the
premises of a body art facility and available for inspection by the Department:
(a) Full name and exact duties of each body
art operator/technician;
(b)
technician; Date of birth of each body art operator/
(c) Gender of each body art
operator/technician;
(d)
technician; Home address of each body art operator/
(e) technician; Identification photos of each
body art operator/
(f) Social
security number of each body art operator/technician. Except that, refusal by
the employee to give the social security number will not result in denial of
any right, privilege or benefit.
(7) Procedures information required -A
complete listing of all body art procedures performed shall be kept on file on
the premises of a body art facility and available for inspection by the
Department.
(8) Inventory
information required -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 applicable, shall be kept on
file on the premises of a body art facility and available for inspection by the
Department. Invoices or orders shall satisfy this requirement.
(9) Biohazard waste and sharps disposal -
(a) Biohazard waste, as defined in these
rules, shall be disposed in accordance with all applicable local, state, and
federal laws, rules, and ordinances, to include, at a minimum,
29 CFR Part
1910.1030, Occupational Exposure to
Bloodborne Pathogens.
(b) 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 through normal, approved disposal methods. Storage of
such waste on-site shall not exceed the period specified by the Department or
more than a maximum of 30 days, as specified in
29 CFR Part
1910.1030 whichever is less.
(c) Sharps ready for disposal shall be
disposed of in approved biohazard sharps containers.
(10) Skin condition of clients and operators
-
(a) Any skin or mucosa surface to receive a
body art procedure shall be free of rash or any visible infection.
(b) The skin of the operator shall be free of
rash or infection. No person or operator affected with boils, infected wounds,
open sores, abrasions, or weeping dermatological lesions shall work in any area
of a body art facility in any capacity in which there is a likelihood that they
could contaminate body art equipment, supplies or working surfaces with body
substances or pathogenic organisms.
(11) Hepatitis B vaccination -Proof shall be
provided upon request of the Department that all operators and technicians have
either completed or were offered and declined, in writing, the hepatitis B
vaccination series. This offering should be included as a pre-employment
requirement. Documentation of immunity, based on a blood test of the operator,
in written form and from an approved laboratory, may be used for this
requirement of proof. This proof must be provided to the Department prior to
the issuance of a body art operator permit.
Authors: Ronald Dawsey, Charlotte Denton, Timothy
Hatch
Statutory Authority:
Code of Ala.
1975, §
22-17A-7.
