Current through Register Vol. 42, No. 5, February 29, 2024
(1) Licenses and permits -
(a) Temporary body art facility licenses and,
when required, operator permits, may be issued for body art services provided
outside of the physical site of a fixed licensed facility for the purposes of
product demonstration, industry trade shows or for educational
reasons.
(b) Temporary licenses
issued under the provisions of these rules may be suspended by the Department
for failure of the holder to comply with the requirements of these
rules.
(c) All facility licenses
and operator permits and the disclosure notice must be readily visible to
clients.
(2)
Requirements - Temporary operator permits and/or facility licenses shall not be
issued unless:
(a) The applicant furnishes
proof of compliance with
420-3-23-.13(2)
relating to operator's permits
and/or
(b) The applicant is
currently affiliated with a fixed location or permanent facility which, where
applicable, is permitted by the appropriate State and/or local jurisdiction;
and
(c) The temporary site complies
with section (9) of this rule.
(3) Training - In lieu of attendance at a
bloodborne pathogens training program approved by the Department within the
past three (3) years as specified in 420-2-23-13(2)(c) above, the applicant may
furnish proof of attendance at equivalent training which is acceptable to the
Department.
(4) Time limit -
Temporary body art facility licenses and/or operator permits expire after
fourteen (14) days or the conclusion of the special event, whichever is
less.
(5) Fee required - Temporary
body art facility licenses shall not be issued unless the applicant has paid
the fee set by law.
(6)
Non-transferable - The temporary body art facility license or operator permit
shall not be transferable from one place or person to another.
(7) License and permits posted - The
temporary body art facility license and operator permit shall be posted in a
prominent and conspicuous area where they may be readily seen by clients upon
entering the facility.
(8)
Temporary Operator Permit Requirements -
(a) A
temporary permit may be issued by the Department for educational, trade show or
product demonstration purposes only. The permit may not exceed fourteen (14)
calendar days.
(b) A person who
wishes to obtain a temporary demonstration permit must submit the request in
writing for review by the Department, at least thirty (30) days prior to the
event. The request shall specify:
1. The
purpose for which the permit is requested;
2. The period of time during which the permit
is needed (not to exceed fourteen (14) calendar days per event), without
re-application;
3. The fulfillment
of temporary operator requirements as specified in section (2) of this
rule;
4. The location where the
temporary demonstration will be conducted.
(9) Temporary Establishment Physical
Facilities -
(a) The temporary demonstration
project must be contained in a completely enclosed, non-mobile facility (that
is, inside a permanent building).
(b) Except as otherwise provided in this
rule, the temporary body art facility and operator shall comply with all of the
requirements of these rules, including but not limited to:
1. Conveniently located handwashing
facilities with liquid soap, paper towels and hot and cold water under adequate
pressure shall be provided; along with sanitary drainage in accordance with
local plumbing codes.
2. A minimum
of eighty (80) square feet of floor space;
3. At least one hundred (100) foot candles of
light at the level where the body art procedure is being performed.
4. Facilities to properly sterilize
instruments with evidence of a spore test performed on sterilization equipment
thirty (30) days or less prior to the date of the event, shall be provided; or
only single use, prepackaged, sterilized equipment obtained from reputable
suppliers or manufacturers shall be allowed;
5. Ability to properly clean and sanitize the
area used for body art procedures.
The facility where the temporary demonstration is proposed
shall be inspected by the Department and a license issued prior to any body art
procedures being performed.
Authors: Ronald Dawsey, Charlotte
Denton
Statutory Authority:
Code of Ala.
1975, §
22-17A-7.
