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-.05 - Permits

Universal Citation: GA Rules and Regs r 511-3-8-.05

Current through Rules and Regulations filed through September 23, 2024

(1) Body Art Studio permits.

(a) No person shall operate a Body Art Studio without first obtaining a Body Art Studio permit in accordance with the timeframes specified in these rules. Upon the effective date of this Chapter, as stated in Section 511-3-8-.03(4), existing Body Art Studios shall have one year to obtain and display a valid Department of Public Health Body Art Studio permit issued by the Health Authority. This deadline may be extended for all applicants upon public notice by the Department on its website.

(b) Permits shall be issued by the Health Authority on forms prescribed by the Department and shall designate one or more specialties which may be practiced in the studio: tattooing, piercing, or microblading. The Health Authority may authorize an electronic signature method for signing prescribed forms.

(c) Permits shall only be issued to a single permit holder operating at a single location. A permit shall not be transferable from one place to another, or from one person to another.

(d) An applicant for a Body Art Studio permit shall provide written evidence of satisfactory compliance with the provisions of this Chapter and any other applicable laws and regulations. The permit holder shall be responsible for maintaining compliance with the requirements of this Chapter and any other applicable laws and regulations.

(e) The permit shall be displayed near the front entrance of the studio within fifteen feet of the front or primary public door and between five feet and seven feet from the floor, and in an area where it can be read at a distance of one foot away or, if for some reason this is impractical, in an area approved by the Health Authority.

(f) The permit shall expire when the Body Art Studio ceases to operate, relocates, or has a change of ownership. For purposes of this subsection, a "change of ownership" means the transfer of a 50% or greater interest in the studio to a person or entity not currently holding an interest.

(g) An operating permit is not transferable from one studio to another.

(h) An application for a Body Art Studio must be submitted to the Health Authority no less than fourteen days prior to the start of construction or major structural modifications.

(i) The applicant shall certify in its application the names and exact duties of the employees and body artists who will be responsible for carrying out the rules and policies adopted by the permit holder. The following information shall be included for each such person:
1. Valid driver's license or Government issued ID;

2. Date of birth (DOB);

3. Home address;

4. Telephone numbers; and

5. Department-issued Body Artist Certification of all artists who will practice in the studio.

(j) Each application for a permit shall be accompanied by an 8 1/2" x 11" or larger page containing a detailed, to-scale floor plan of the Body Art Studio. Such plan shall show the accurate placement of each of the following: windows, doors, chairs, tables, sinks, restrooms, waiting area, and all equipment placement whether affixed or not for clients or staff, and shall include room measurements.

(k) Specification sheets for all equipment to be in the studio shall be provided as determined by the Health Authority. Studios using all commercially purchased, individually packaged, sterile, single-use, disposable jewelry and instruments shall provide adequate manufacturer documentation to avoid requirements for an ultrasonic cleaner and autoclave.

(l) The ownership of the studio shall be fully disclosed in its application for a permit. The individual owners shall be listed, if a sole proprietorship or partnership; the members, if a limited liability company; and the shareholders, if a corporation. No permit shall be issued if any person with an ownership interest in the proposed studio is under eighteen years old, has previously had a body art permit or certification revoked, or is currently the subject of disciplinary proceedings related to body art chapter enforcement.

(m) The applicant shall show that it has demonstrated compliance with zoning and other local requirements regarding proper location and establishment of Body Art Studios, including any applicable building, fire safety, plumbing, mechanical and electrical codes.

(n) The Health Authority shall issue a Body Art Studio permit after:
1. Receipt of a completed application;

2. Payment of applicable fees;

3. Plan review approval; and

4. An inspection of the proposed studio which reveals that it is in compliance with requirements of this Chapter.

(o) Before being granted a permit, each Body Art Studio shall develop a written statement of policies and standard operating procedures that address:
1. Sterilization of instruments and equipment and Emergency Sterilization Procedures;

2. Body Artist and Employee Health;

3. Body Artist and Employee Drug and Alcohol Use;

4. Sanitizing areas and equipment between use;

5. Disposal of waste;

6. Record keeping;

7. Client screening;

8. Aftercare;

9. Exposure control plan;

10. Emergency plan for accidents that addresses first aid procedures; and

11. Water Interruption Plan.

(2) Body Art Studio Permit Holder Responsibilities. Upon acceptance of the permit issued by the Health Authority, in order to retain the permit, the permit holder shall:

(a) Ensure compliance with the provisions of this Chapter, including the conditions of any variance granted by the Department, and allow inspections by representatives of the Health Authority during hours of operation;

(b) Immediately discontinue operations and notify the Health Authority if an imminent health hazard may exist; and

(c) Replace existing facilities and equipment that do not comply with this Chapter if:
1. The Health Authority directs the replacement because the facilities and equipment constitute a public health hazard or no longer comply with the criteria upon which the facilities and equipment were accepted; or

2. The facilities and equipment require replacement due to wear and tear in the normal course of operation.

(3) A copy of the most current version of this Chapter must be in the studio at all times.

(4) Temporary Body Art Studio Permits.

(a) A temporary Body Art Studio permit may be issued for body art services provided outside of a permitted location for the purpose of product demonstration in connection with body art conventions or industry trade shows.

(b) A temporary Body Art Studio permit may be obtained after submitting an application that contains the name of the body artists, location, the operating days, hours of operation of the temporary studio, and the plans or description of the temporary studio. The applicant will provide information related to solid waste, biomedical waste, and sharps disposal.

(c) A temporary Body Art Studio permits will not be issued unless the applicant demonstrates to the Health Authority successful compliance with all the requirements of this Chapter. This includes education, disclosure, consent, minimum design standards, and furnishing and fixtures requirements.

(d) The application for a permit must be submitted for review by the Health Authority at least thirty days prior to the event and all applicable fees must be paid before a permit will be issued.

(e) The following criteria pertain to permits for temporary Body Art Studios:
1. No permit may be valid for more than seven consecutive days.

2. An applicant shall not receive more than two seven-day permits during a thirty-day period.

3. A permit shall not be transferable from one place to another, or from one person to another.

4. A permit shall be posted in a prominent and conspicuous place as determined by the Health Authority so clients can readily observe it.

5. The temporary Body Art Studios shall meet the requirements of this Chapter. In addition, the following will be required:
(i) A convenient handwashing facility must be located within 30 feet of each work or demonstration area for body artist handwashing. In the absence of a hand wash station meeting the requirements of this Chapter, this facility shall consist of, at least, a catch bucket, a pressurized or gravity fed, hands-free container filled with potable water, liquid antimicrobial hand soap, and individual paper towels at the service site.

(ii) Only single-use, disposable, pre-sterilized supplies may be used.

(5) Prohibited Facilities.

(a) Neither Body Art Studios nor body art procedures shall be allowed in a private residence or other structure used for human habitation, food services, retail sales not directly related to body art, grocery stores, convenience stores, or similar purposes; however, body art operations may take place in completely separate areas of certain businesses deemed safe and appropriate by the Health Authority.

(b) Body Art Studios shall not be allowed in automobiles, mobile trailers, tents, recreational vehicles, or other non-fixed facilities.

(6) Prohibited Procedures and Restrictions.

(a) Implants, 3-D procedures, or other procedures involving insertion of foreign objects completely under the skin.

(b) Any body art procedure that results in the permanent removal of tissue or that requires medical equipment such as scalpels or dermal punches.

(c) The use of manipulating needles, sharps, or any other item to serve the purpose of a scalpel is prohibited.

(d) Scarification (branding, cutting, or skin peeling), suspension piercing, neck rings, foot binding, corseting, play piercing, and tooth gems/dental bonding are prohibited.

(e) In accordance with O.C.G.A. Section 16-5-71, no person under the age of eighteen shall be tattooed.

(f) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of eighteen for the purposes of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the body piercing is performed in the presence of the person's parent or legal guardian. The parent or legal guardian must have proper identification and sign a written consent form provided by the Body Art Studio. The consent form must indicate the methods and parts of the minor's body upon which the body piercing procedure is performed. Nipple and genital piercing are prohibited on minors regardless of parental or legal guardian consent.

(g) With the exception of microblading of the eyebrow, and in accordance with O.C.G.A. Section 16-12-5, it shall be unlawful for any person to perform tattooing or cosmetic micropigmentation procedures within any area within one inch of the nearest part of the eye socket. Such prohibited procedures include but are not limited to tattooing eyeliner.

(h) No person except a duly licensed physician or a Georgia licensed cosmetic laser practitioner as defined under Chapter 34 Title 43 shall remove or attempt to remove any tattoo.

(7) Body artists shall not be under the influence of alcohol or drugs that cause drowsiness or other impairment while performing body art procedures.

(8) Body Art Studios and body artists shall refuse services to any person who appears to be under the influence of alcohol or drugs.

(9) Live animals shall be excluded from within the studio and adjacent areas under the control of the permit holder. However, this exclusion does not apply to fish in clean, maintained aquariums which are maintained outside of an artist work area. Service animals accompanying disabled persons shall be permitted in the studio.

(10) The body artist must be free of any open wound that cannot be covered, any infection, or other visible or communicable diseases that can be transmitted as a result of carrying out the body art procedures

(11) A body artist shall not conduct any form of body art activity upon any area of a client that evidences the presence of any rash, lesion, or other visible signs of infection.

(12) Body art procedures not covered within these rules which have the potential for transmitting infectious disease must receive written departmental approval prior to being offered to clients.

(13) Body art shall only be performed by individuals holding a current Body Artist Certification issued by the Department, a Temporary Body Artist Permit or Guest Body Artist Permit issued by the Health Authority, and only at a location named in a Body Art Studio Permit or a Temporary Body Art Studio Permit.

O.C.G.A. § 31-40-2.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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