Current through Reg. 50, No. 187; September 24, 2024
(1) Informed
Consent. Verbal and written educational information, approved by county health
departments, shall be given to customers wanting to receive body-piercing
procedures before the procedures begin. The information shall provide, at a
minimum, a brief description of the piercing procedure, any precautions to be
taken by the customer before the piercing, a description of the risks and
possible consequences of body piercing services, instructions for care and
restrictions following a piercing procedure, and restrictions against the
piercing of minors prescribed by this chapter and Section
381.0075, F.S. Prior to the
piercing, customers shall sign and date a statement indicating they received
and discussed the information with the operator or piercer. Operators and
piercers shall sign and date the statement as well, and retain the original
with all other required records. A copy of the statement shall be provided to
the customer upon request of the customer. The operator shall also post in
public view the name, address and phone number of the county health department
having jurisdiction over the facility and the procedure for filing a
complaint.
(2) Reporting Complaints
of Injuries. As specified in Section 381.0075(11)(a)8., F.S., any injury or
complaint of injury, suspected infections that required treatment by a licensed
practitioner, or any notifiable diseases resulting from the body-piercing
procedure that become known to the operator shall be reported to the local
county health department by the operator within 72 hours of the operator
becoming aware of the complaint or condition. The report shall be submitted on
DH Form 4122, 9/02, Body Piercing Salon Injury Report.
(3) Customer Records. Records must be
maintained in accordance with Section 381.0075(11)(a)7., F.S., and shall
include the following:
(a) The customer's
address and telephone number;
(b)
Their date of birth, race and sex;
(c) Their physician's name, address and
telephone number;
(d) The name,
telephone number and address of an emergency contact person for the
customer;
(e) A list of allergies,
including allergies to medicines or topical solutions used by the
establishment;
(f) History of
bleeding disorders;
(g) The date of
the customer's initial visit and any subsequent visits;
(h) The body part or location that was
pierced;
(i) A description of the
jewelry used in the piercing;
(j) A
description of any complications that occurred at the time of the piercing
procedure;
(k) Copies of the signed
statement for receipt of educational information required in subsection
64E-19.007(1),
F.A.C., of this chapter;
(l) Copies
of the written notarized parental consent statements required by Section
381.0075(7),
F.S., for minors. The statements must describe the type of piercings that will
be performed on the minor;
(m) The
signature and printed name of the persons performing the piercings at each
visit.
(4) Other Facility
Records. The following records must also be maintained by the body-piercing
salon.
(a) Autoclave maintenance records and
spore test results required in subsections
64E-19.005(4), and
(5), F.A.C., of this chapter;
(b) A copy of this chapter and Section
381.0075, F.S.;
(c) Records on operators and all persons
performing body-piercing services in the salon. Such records shall include
their full names, dates of birth, sex, home addresses and telephone numbers,
their dates of hire, and their duties and responsibilities. Such records shall
be maintained for at least 2 years after a person's employment ends;
(d) Documentation of training required by
this chapter and Section 381.0075(11)(b)6., F.S., for operators and
piercers;
(e) A complete
description of all body piercing procedures provided.
(5) Records required by this section shall be
maintained at each salon for the current licensing period. Records may be
stored elsewhere after that time frame, but they must be stored in accordance
with this chapter and be made available for review by the department upon
request of the department.
(6)
Training.
(a) Operators and piercers shall
complete formal training that meets the requirements of subsection
64E-19.002(7),
F.A.C., of this chapter. When formal training courses are not available within
a one hundred-mile radius of the body-piercing salon where the piercer is
employed, piercers may substitute the successful completion of a correspondence
course. Correspondence courses must meet the same subject matter requirements
as formal training in order to qualify as acceptable substitutes for formal
training.
(b) The training required
initially for each operator and piercer shall include all of the subjects
listed in subsection 64E-19.002(7),
F.A.C. Operators and piercers shall receive training annually thereafter in any
one subject or combination of subjects listed in subsection
64E-19.002(7),
F.A.C.
(c) Each formal training
course shall include written material which covers the required subjects, such
as a core training manual; or audio-visual presentations which cover the
required subjects, such as slides or videos; and a question and answer period
or format for trainees. A certificate, card, or other form of written
documentation shall be provided to trainees who successfully complete the
course.
(d) Operators and piercers
must complete the required training prior to assuming responsibilities in a
salon.
(e) Training courses
required by this chapter must be presented by a person or persons who possess
the knowledge, experience and credentials to teach the required subjects as
cited in "Knowledge, Experience, and Credentials for Trainers per Chapter
64E-19, F.A.C., " May 16. 2002, herein incorporated by reference and available
upon request from the Bureau of Facility Programs, 4052 Bald Cypress Way, BIN
A08, Tallahassee, Florida 32399-1710. Any individual or organization requesting
the department to review their training courses for compliance with the
requirements of this chapter shall submit copies of their training materials to
the Bureau of Facility Programs, at the above address. The materials submitted
must include credentials of trainers and persons compiling the training
materials, a copy of the classroom or correspondence course curriculum, and
copies of written materials to be received by trainees. The bureau shall review
the materials and inform the applicant of its findings within 30 days from
receipt of the last training materials received from the applicant. When
changes are made to a training course that has been reviewed and accepted by
the department, those changes shall also be submitted to the bureau for review
prior to implementing the changes.
Rulemaking Authority 381.0075(10) FS. Law Implemented
381.0075(7), (10), (11) FS.
New 1-24-00, Amended 1-28-03,
10-27-10.
