Compilation of Rules and Regulations of the State of Georgia
Department 511 - RULES OF GEORGIA DEPARTMENT OF PUBLIC HEALTH
Chapter 511-3 - ENVIRONMENTAL HEALTH HAZARDS
Subject 511-3-8 - BODY ART
Rule 511-3-8-.04 - Definitions

(1) "Antimicrobial solution" means any solution capable of killing or used to retard the growth of microorganisms approved for application to human skin, and includes all products labeled accordingly, as approved by the FDA; when referring to antimicrobial mouthwash, only those approved for use may be allowed in the studio, such as hydrogen peroxide, alcohol-based solution and others commonly found in hospital or dental settings.

(2) "Antiseptic" means an agent or substance that will destroy or inhibit the growth and development of infectious microorganisms on human skin or mucous membranes.

(3) "Aseptic technique" means to render or maintain free from infectious material so as to prevent transfer or transmission of infectious agents.

(4) "ASTM" means the American Society for Testing Materials International.

(5) "Autoclave" means an apparatus (chamber or cassette) for sterilization of equipment utilizing steam pressure at a specific temperature over a period of time per manufacturer's specifications. For the purposes of this Chapter, all chamber and cassette autoclaves shall be Class B, Class S, or other medical grade autoclave as specified by manufacturer for sterilization of body art equipment and jewelry.

(6) "Biomedical waste" means the following:

(7) "Blood" means human blood, human blood components, and products made from human blood.

(8) "Bloodborne pathogens" means pathogenic microorganisms present in human blood that can cause disease in humans. These pathogens include but are not limited to Hepatitis B virus (HBV), Hepatitis C virus (HCV), and Human Immunodeficiency virus (HIV).

(9) "Board of Health" means the local County Board of Health or Health Authority.

(10) "Body art" means a tattoo or piercing placed on the body of a person for aesthetic or cosmetic purposes. This definition does not include practices considered medical procedures by the Georgia Medical Composite Board, such as implants under the skin, which are prohibited unless such medical procedures are performed by a person licensed by the Georgia Medical Composite Board.

(11) "Body artist" means any person who performs body art. Such term shall not include a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath.

(12) "Body artist certification" means a certification issued by the Department to a specifically identified person who is qualified to engage in the practice of body art in accordance with these regulations and in conjunction with a permitted studio.

(13) "Body Art Advisory Committee" means a committee that may be established by the Department to provide technical guidance on the practice of body art. If established, the committee shall be composed of one individual from the state environmental health program, one District Environmental Health Director, one County Environmental Health Specialist, one person with infection control training, and two members of the body art profession with current certification.

(14) "Body Art Studio" means any facility or building on a fixed foundation wherein a body artist performs body art, whether or not for profit.

(15) "Body Art Studio permit" means Health Authority approval in writing authorizing the permit holder to operate a Body Art Studio for the purpose of engaging in the practice or business of body art procedures. Health Authority approval shall be granted solely for the practice of body art pursuant to these regulations, and the following types of Body Art Studio permits shall be issued: tattoo, body piercing, and microblading.

(16) "Body piercing" means puncturing or penetrating the skin or mucosa of a client for the purpose of inserting jewelry or other adornment into the body for non-medical purposes; body piercing includes ear piercing, except when ear piercing procedure is performed with a pre-sterilized single-use stud and clasp ear-piercing system (Piercing Gun) conforming to the manufacturer's directions on use and applicable FDA requirements.

(17) "Cleaning/clean room" means the area in a Body Art Studio used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art and shall be separated from any other area in the studio by means of doors, nonabsorbent curtains, or similar approved partition extending from floor to ceiling or a height of eight feet.

(18) "Client" means an individual upon whom one or more body art procedures are to be performed.

(19) "Contaminated" means the presence or the reasonably anticipated presence of blood, other potentially infectious materials, or potentially harmful chemicals on an item or surface.

(20) "Contaminated waste" means any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material, and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.

(21) "Convention" means a large meeting of people who gather to talk about their shared work or other interests or to make decisions as a group or to perform body art procedures, such as an industry trade show.

(22) "Cosmetic tattoo" means a tattoo, by someone other than a licensed physician, which includes but is not limited to microblading of the eyebrow, lips, and other parts of the body for beauty marks, hair imitation, or areola repigmentation. This term includes any procedures whether referred to as but not limited to, microdermapigmentation, micropigment implantation, micro-needling with the use of pigment or any other similar procedure and for the purpose of this Chapter has the same meaning as "tattoo."

(23) "Critical violation" means a violation of this Chapter which poses a serious hazard to health and safety. Critical violations shall include but not limited to the following:

(24) "Decontamination" means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

(25) "Department" means the Georgia Department of Public Health or its agents.

(26) "Disinfectant" means a solution registered as a disinfectant by the U.S. Environmental Protection Agency (EPA) and intended to destroy or inactivate specific viruses, bacteria, or fungi on clean, inanimate surfaces. Labeling should specifically state that the product is bactericidal, virucidal, fungicidal, and tuberculocidal.

(27) "Disinfection" means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

(28) "Easily cleanable" means that surfaces are readily accessible and made of such materials and finish and so fabricated to be smooth and non-absorbent such that residue may be effectively removed by normal cleaning methods.

(29) "Ear piercing" means the puncturing of the lobe of the ear with a pre-sterilized single-use stud-and clasp ear piercing system following manufacturer's instructions. Under no circumstance shall ear piercing studs and clasp be used anywhere on the body other than the lobe of the ear unless otherwise specified by the manufacturer.

(30) "EPA" means the United States Environmental Protection Agency.

(31) "EPD" means the Georgia Department of Natural Resources, Environmental Protection Division.

(32) "Equipment" means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other items used in connection with the operation of a Body Art Studio.

(33) "FDA" means the United States Food and Drug Administration.

(34) "Germicidal solution" means any solution which destroys microorganisms and is so labeled.

(35) "Gloves" means medical grade disposable single use gloves labeled for surgical or examination purposes. Vinyl gloves are not allowed to be used to perform body art procedures.

(36) "Guest body artist" means a visiting body artist, tattooist, body piercer, or microblader, not certified by the Department possessing a guest body artist permit issued by the Health Authority to perform body art in a permitted Body Art Studio.

(37) "Guest body artist permit" means a seven-day permit by the Health Authority which allows a person to practice body art as a tattoo artist, body piercer, or microblader, in accordance with this Chapter while under the direct supervision of a body artist holding a valid Body Artist Certification in the same category.

(38) "Handwash facilities" means an installed sink/lavatory providing an adequate supply of potable hot and cold running water under pressure, through a mixing valve or combination faucet, used solely for washing hands, arms, or other portions of the body. The facility shall include a soap dispenser, soap, and single use disposable towels in a covered dispenser.

(39) "Handwashing sink" means a lavatory or plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands in the facility, including an automatic handwashing facility.

(40) "Health Authority" means the local County Board of Health

(41) "Hot water" means water that attains and maintains a minimum temperature of 100°F.

(42) "Imminent health hazard" means any condition, deficiency, or practice which, if not corrected, is very likely to result in disease transmission, serious injury, or loss of life to any person. If an imminent health hazard exists because of an emergency such as a fire, flood, interruption of electrical or water service for two or more hours, sewage malfunction, misuse of poisonous or toxic materials, onset of an apparent bloodborne illness outbreak, serious injury, gross unsanitary occurrence or condition, or other circumstances that may endanger public health, then operations must be immediately discontinued, and the Health Authority must be notified.

(43) "Instruments" means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.

(44) "ISO" means the International Standards Organization.

(45) "Jewelry" means any ornament used in any body art procedure which is inserted into a newly pierced area and meets the following minimum requirements:

(46) "Major structural modifications" means modifications in which the resulting structure differs significantly from what was originally approved by the Health Authority at the time of the Health Authority's issuance of the permit, including, but not limited to changes involving the addition, removal, or relocation of structurally existing walls, openings, floor or counters; or modifications to plumbing, mechanical, or electrical components other than decorative fixtures. It does not include minor cosmetic changes such as painting, moving equipment for detailed cleaning, detailed cleaning of physical facilities, replacing carpeting in the lobby area, or repairing damage to walls, floors, and ceilings.

(47) "Microblading of the eyebrow" means a form of cosmetic tattoo artistry where ink is deposited superficially in the upper three layers of the epidermis using a handheld or machine powered tool made up of needles known as a microblade to improve or create eyebrow definition, to cover gaps of lost or missing hair, to extend the natural eyebrow pattern, or to create a full construction if the eyebrows have little to no hair.

(48) "Minor" means an individual under the age of eighteen.

(49) "NSF" means the National Sanitation Foundation.

(50) "Occupational exposure" means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of a body artist's or employee's duties.

(51) "OSHA" means the Occupational Safety and Health Administration.

(52) "Other potentially infectious material" means the following human body fluids: semen, vaginal secretions, saliva, and any other body fluid visibly contaminated with blood.

(53) "Permit" means Health Authority approval in writing authorizing the permit holder to operate a Body Art Studio for the purpose of engaging in the practice or business of body art procedures.

(54) "Permit holder" means the partnership, corporation, association, or the person or group of persons who maintain and control the Body Art Studio and personnel, and who are legally responsible for the operation of the studio.

(55) "Person" means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts, or unincorporated organizations.

(56) "Personal protective equipment" means specialized clothing or equipment, such as gloves or lap cloth, worn by a body artist or employee for protection against a hazard. General work clothes not intended to function as protection against a hazard are not considered to be personal protective equipment.

(57) "Physician" or "osteopath" means an individual licensed to practice medicine in Georgia pursuant to OCGA Chapter 34 Title 43.

(58) "Pierce" or "piercing" means body piercing.

(59) "Potable water" means water that is from an approved water system meeting Georgia Safe Drinking Water Standards

(60) "Proof of age" means any government issued State Driver's License, Military ID, Passport or US Passport Card, or State-Issued ID Card that describes the individual as eighteen years of age or older as applicable, contains a photograph and appears to be valid.

(61) "Safe materials" means articles manufactured for the specific purpose of body art procedures which are unlikely to cause injury or disease under proper use and care.

(62) "Sanitary" means clean and free of agents of infection or disease.

(63) "Sanitized" means the application of an EPA registered sanitizer on a cleaned surface by a process that provides sufficient concentration of chemicals for enough time to reduce the microorganism level, including pathogens, to a safe level on instruments and equipment in accordance with the label instructions.

(64) "Sewage" means human excreta, all water-carried waste, and liquid wastes from residences, buildings, commercial or industrial establishments.

(65) "Sharps" means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa.

(66) "Sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal that is labeled with the International Biohazard Symbol and specifically made for the disposal of sharps.

(67) "Single-use" or "single-service" means disposable products or items that are intended for one-time, one-person use and are properly disposed of by appropriate measures after use on each client. Single-use items include but are not limited to cotton swabs or balls, single-use instruments, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, stencils, ink cups, and protective gloves.

(68) "Solid waste" means refuse, garbage, trash, rubbish, and any other item which could cause an unsanitary condition or undesirable health and safety conditions.

(69) "Spore" means a dormant, non-reproductive body able to survive adverse environmental conditions including high temperatures, dryness, and lack of nourishment for long periods of time. Under the proper conditions, the spore may revert to an actively multiplying form of the bacteria, fungi, or protozoa.

(70) "Spore test" means a biological monitoring process in which resistant spore growth on test media is processed in a studio's autoclave to verify that it is functioning properly. A third-party culturing service must be engaged for this process to provide documentation serving as a tangible record and legal document verifying the autoclave's ability to achieve proper sterilization.

(71) "Sterilization" or "sterilize" means the use of a physical or chemical procedure by which all forms of microbial life, including bacteria, viruses, spores, and fungi are destroyed including highly resistant bacterial endospores. This is achieved by holding in a commercial, Class B, Class S, or other medical grade autoclave according to manufacturer's instructions as approved by the Health Authority.

(72) "Sterilization indicator" means a tape, strip, bag, or other device designed to change color to indicate that sterilization temperature has been achieved during the sterilization procedure.

(73) "Sterilizer" means an autoclave certified to meet generally accepted medical standards. See Autoclave.

(74) "Tattoo" means to mark or color the skin of any person by pricking in, inserting, or implanting indelible pigments or dyes under the skin, including without limitation cosmetic tattooing and microblading of the eyebrow.

(75) "Temporary Body Art Studio" means any location, place, facility, or business for which a permit has been granted to practice body art by the Health Authority for no more than a period of seven consecutive days in connection with conventions or industry trade shows.

(76) "Temporary Body Artist" means any person not certified by the Department, who performs body art in a temporary Body Art Studio who is responsible for complying with applicable provisions of these regulations. The permit to practice body art by the Health Authority is granted for no more than a period of seven consecutive days only for the purpose of product demonstration in connection with conventions or industry trade shows.

(77) "Temporary Body Artist Permit" means the issuance of a seven-day permit by the Health Authority which allows a person to practice body art as a tattoo artist, body piercer, or microblader, in accordance with this Chapter for the purpose of product demonstration in connection with conventions or industry trade shows.

(78) "Ultrasonic cleaning unit" means a device approved by the Health Authority with a lid, physically large enough to fully submerge instruments in liquid, which removes foreign matter from the instruments by means of high energy and high frequency oscillations transmitted through the contained liquid.

(79) "Universal precautions", also known as "standard precautions", means treating all blood and body fluids as if they contain bloodborne pathogens and taking proper precautions to prevent the spread of any bloodborne pathogens.

(80) "Waste" means solid waste, sewage, blood and body fluids or other waste resulting from the operation of a Body Art Studio.

(81) "Work area" or "workstation" means an area where clients receive body art from an individual body artist.