Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Inspection frequency -
(a) A representative
of the Department shall properly identify him or herself upon entering a body
art facility to make an inspection. Inspections shall be conducted at least
every 180 days or as often as necessary throughout the year to ensure
compliance with these rules.
(b)
The routine inspection frequency shall be determined by the compliance status
found on inspection as below. Nothing in this section precludes the Department
from issuing an immediate Notice of Intent to Suspend/Revoke order, or issuing
an emergency order to immediately cease operation or cease using a particular
item of equipment or a particular process, if necessary in order to protect the
public health.
(c) A routine
re-inspection shall be conducted within 180 days when:
1. No critical items were found in
non-compliance or any critical items found in non-compliance are corrected
during the inspection, or
2. No
second-time repeat non-critical items were found in non-compliance.
(d) A compliance check shall be
conducted within 30 days when:
1. One or more
critical items are found in non-compliance and are not corrected during the
inspection, or one or more repeat corrected critical items from the previous
inspection were found in non-compliance regardless of being corrected during
the current inspection, or
2. One
or more second-time repeat non-critical items from the previous routine
inspection were noted in non-compliance regardless of being corrected during
the current inspection.
(e) Whenever a compliance check to determine
correction of any item finds the item in continuing non-compliance, a Notice of
Intent to Suspend or Revoke the license or permit shall be issued to the person
in charge at the body art facility. If the item in non-compliance and being the
cause for issuance of the Notice is corrected, the body art facility shall
retain the inspection status but shall be re-inspected within 30
days.
(2) Inspection
report -
(a) The original of the inspection
report (see Appendix F) shall be furnished to the permit holder or operator of
the body art facility, with the Department retaining possession of a
copy.
(b) The inspection report
shall designate the compliance status of the body art facility as Routine
Re-inspection or Compliance Check Necessary, based on the result of the
inspection as specified in
420-3-23-.16(1).
(3) Correction of non-critical
violations -
(a) Upon finding a violation of
any provision of these rules that is deemed a non-critical item, the Department
shall advise the licensee or permitted operator, in writing, of its findings
and instruct the operator to correct such violations within a reasonable period
of time, but no later than the time of the next routine inspection.
(b) In the event a non-critical violation is
not corrected by the time of the next routine inspection, or is the same
violation as on the preceding routine inspection, it shall be noted on the
inspection report as a repeat violation. In the event one or more non-critical
items are found in violation on a second consecutive routine inspection, they
shall be noted on the inspection report as a second repeat violation, and shall
be corrected as required for critical items in 420-3-.16(4).
(4) Correction of critical
violations -
(a) Violation of any provision of
these rules that is deemed a critical item should be corrected immediately,
during the course of the inspection, but in any event within 30 days following
the inspection.
(b) In the event
the violation cannot be corrected during the course of the inspection, or if
the critical violation is the same as on the immediately preceding inspection
and was corrected at that time but is now in violation again, notice of intent
to suspend the body art facility license or operator permit, or both, shall be
issued by the Department representative conducting the inspection. The body art
facility license holder or permit holder may request a hearing on the notice of
intent to suspend in accordance with these rules.
(5)
Permit denials, suspensions, and
revocations -
The Health Officer's denial, suspension and/or revocation of a
permit shall be governed by the Alabama Administrative Procedure Act, §
41-22-1, et seq., Code of Alabama
1975.
(6)
Hearings - Contested case hearings shall be provided in accordance
with the Alabama Administrative Procedure Act, §
41-22-1, et seq., Code of Alabama
1975, and the State Board of Health's Contested Case Hearing Rules, Chapter
420-1-3. Informal settlement conferences may be conducted as provided in the
State Board of Health's Contested Case Hearing Rules, Chapter
420-1-3.
(7)
Suspension of
licenses and permits -
(a) Licenses
and permits issued under the provisions of these rules may be suspended
temporarily by the Department for failure of the holder to comply with the
requirements of these rules or for repeated or critical violations of any of
the requirements of these rules.
(b) Whenever the Department is aware of, or
has reasonable cause to suspect that,
1) a
communicable disease has been, or may be, transmitted by an operator to a
client; or
2) there is use of
unapproved or malfunctioning equipment; or
3)
persons who do not have a valid Body Art Operators Permit are
practicing body art procedures; or
4) insanitary or unsafe conditions exist
which may adversely impact the health of the public, the Department may, upon
written notice to the owner or operator, do any or all of the following:
1. Issue an order excluding any or all
operators from the licensed body art facility who are responsible, or
reasonably appear responsible, for the transmission of a communicable disease
until the Department determines there is no further risk to public
health.
2. Issue an order to
immediately suspend or revoke the license of the body art facility until the
Department determines there is no further risk to the public's health. Such an
order shall state the cause for the action.
(8)
Revocation of
permits - The Health Officer may, after providing opportunity for
hearing, revoke a permit for serious or repeated violations of any of the
requirements of these rules or for interference with the Health Officer in the
performance of his duty or for failure to comply with the provisions of a
notice of permit suspension issued under
420-3-23-.16(5).
(9)
Application after
revocation - Whenever a revocation of a permit has become final, the
holder of the revoked permit may make written application for a new permit
after 90 days from the date of revocation.
(10) Emergency suspension -
(a) Notwithstanding any other provision of
these rules, whenever the Department finds insanitary or other conditions
which, in the judgment of the designee of the Department authorized to conduct
inspections of body art facilities, constitute a substantial hazard to the
public's health, he or she may, without warning, issue a written notice to the
license holder or permit holder citing such conditions, specifying the
corrective action to be taken, and specifying the time period within which such
action shall be taken.
(b) If
deemed necessary, such order shall state that the license and/or permit is
immediately suspended, and all body art procedures shall be immediately
discontinued.
(c) Any person to
whom such order is issued shall comply immediately therewith.
(11) Penalty -
(a) A person who violates any provision of
these rules shall be guilty of a Class C misdemeanor, punishable by
imprisonment for not more than 90 days, or a fine of not more than $100, or
both, for each violation.
(b) In
addition to any other enforcement action authorized by law, a person alleging a
violation of Act 321-2000 may bring a civil action for appropriate injunctive
relief.
Authors: Ronald Dawsey, Mark Sestak, Phyllis
Fenn, Lauren Gambill
Statutory Authority:
Code of Ala.
1975, §
22-17A-7.
