Current through Rules and Regulations filed through September 23, 2024
(1)
No person shall practice body art procedures without first obtaining a Body
Artist Certification from the Department 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 Artists shall have one year to obtain and display a valid
certificate issued by the Department. This deadline may be extended for all
applicants upon public notice by the Department on its website.
(2) An applicant for a Body Artist
Certification must be at least eighteen years of age and shall demonstrate to
the Department successful compliance with all education, disclosure, consent,
and fee requirements of this Chapter. An applicant shall request certification
in one or more of the following areas:
(a)
Tattooing;
(b) Piercing;
and/or
(c)
Microblading.
(3)
Applicants shall submit a completed Department application provided by the
Health Authority. The Department may authorize an electronic signature method
for signing prescribed forms. As part of the application process, the applicant
shall:
(a) Pay an exam fee not to exceed
$50.00 to the Health Authority;
(b)
Pay Department Certification fees; and
(c) Complete and pass a Department-approved
exam on this Chapter.
(4)
Initial application for the Body Artist Certification shall include:
(a) Name;
(b) Date of Birth;
(c) Residence address;
(d) Mailing address;
(e) Phone number;
(f) Photocopy of a government issued
ID;
(g) Proof of United States
Citizenship or lawful residence in the United States.
(h) Proof of successful completion of an
OSHA-compliant Bloodborne Pathogen/Universal Precautions training program and
Basic First Aid/CPR classes given or approved by the Department; and
(i) Valid documentation of a Hepatitis B
Virus (HBV) vaccination status including:
1.
Documentation of HBV vaccination; or
2. Laboratory evidence of immunity or
documentation of no response following two full HBV vaccine series;
or
3. Documentation stating the
vaccine is contraindicated for medical reasons. Contraindications require a
dated and signed licensed health care professional's statement specifying the
name of the Body Artist applicant or employee and that the vaccine cannot be
given; or a
4. Signed certificate
of vaccination declination of HBV as required by
OSHA.
(5) No
Body Artist Certification will be issued without successfully completing an
approved course in Bloodborne Pathogens/Universal Precautions and a Basic First
Aid/CPR course approved by the Department.
(6) The Body Artist Certification shall be
valid for one year and may be renewed on a standard date to be determined by
the Department. Issuance and renewal shall be conditioned on compliance with
this Chapter, successful completion of required courses, and paying required
certification fees to the Department. Certifications shall be issued on forms
provided by the Department.
(7) A
body artist shall only perform that form of body art which is indicated in the
Body Artist Certification.
(8) A
copy of the Body Artist Certification shall be posted where it may be readily
observed by clients.
(9) For annual
Body Artist Certification Renewal, each artist:
(a) Must submit a completed Body Artist
Certification Renewal Application;
(b) Must pay all applicable fees to the
Department;
(c) Must submit proof
of current immunizations and education requirements as referenced in the
initial certification section; and
(d) Must not have any unresolved disciplinary
actions or have committed any illegal activities related to the industry during
the previous certification period.
(10) Temporary Body Artist Permit.
(a) No body artist shall practice body art at
a Temporary Studio without a Temporary Body Artist Permit issued by the Health
Authority or Body Artist Certification issued by the Department.
(b) The Health Authority may issue a
seven-day permit to engage in the practice of body art if the body artist is
not currently certified by the Department. Such temporary body artist permit
will allow a person to practice body art only in a permitted Temporary Studio
under the supervision of the permit holder. Temporary Body Artist Permits will
not be issued unless the applicant demonstrates to the Health Authority
successful compliance with all education, disclosure, consent, and requirements
of this Chapter. The issuance of a Temporary Body Artist Permit is conditioned
upon the following:
1. A completed
application submitted no less than ten days in advance of the start date of
providing services; the Health Authority may authorize an electronic signature
method for signing prescribed forms.
2. Documentation that the applicant has
received education requirements set by this Chapter;
3. Must be listed on the temporary Body Art
Studio permit application where the applicant will perform body art;
4. Payment of all applicable fees as
determined by the Health Authority; and
5. Documentation of a Hepatitis B Virus (HBV)
vaccination completion status including:
(i)
Documentation of HBV vaccination;
(ii) Laboratory evidence of immunity or
documentation of no response following two full HBV vaccine series;
(iii) Documentation stating the vaccine is
contraindicated for medical reasons, including a dated and signed licensed
health care professional's statement specifying the name of the Body Artist
applicant or employee and that the vaccine cannot be given; or
(iv) Signed certificate of vaccination
declination of HBV as required by OSHA.
(11) Guest Body Artist Permit.
(a) No visiting out-of-state body artist
shall practice body art without a Guest Body Artist Permit issued by the Health
Authority.
(b) The Health Authority
may issue a seven-day permit to engage in the practice of body art. Such guest
body artist permit will allow a person to practice body art under the direct
supervision of a body artist holding a valid Department issued certification in
the same category. The issuance of a Guest Body Artist Permit is conditioned
upon the following:
1. A completed application
submitted no less than ten days in advance of the start date of providing
services; the Health Authority may authorize an electronic signature method for
signing prescribed forms.
2.
Documentation that the applicant has received education specified in by this
Chapter;
3. A letter of consent
signed by a body artist certified by the Department, a copy of the Body Artist
Certification of the sponsoring artist, and a copy of the Body Art Studio
permit where the applicant will perform body art;
4. Payment of all applicable fees as
determined by the Health Authority; and
5. Documentation of a Hepatitis B Virus (HBV)
vaccination completion status including:
(i)
Documentation of HBV vaccination;
(ii) Laboratory evidence of immunity or
documentation of no response following two full HBV vaccine series;
(iii) Documentation stating the vaccine is
contraindicated for medical reasons, including a dated and signed licensed
health care professional's statement specifying the name of the Body Artist
applicant or employee and that the vaccine cannot be given; or
(iv) Signed certificate of vaccination
declination of HBV as required by OSHA.
(c) An applicant shall not receive more than
two seven-day Guest Body Artist Permits during a thirty-day
period.
(12)
Decertification and Denial.
(a) The
Department may deny or revoke the certification of any person for one or more
of the following reasons:
1. Failure to
comply with this Chapter;
2. A
material misrepresentation or omission on any application for certification or
renewal;
3. Failure to pay
certification or renewal fees;
4. A
civil judgement based on conduct related to the Body Art industry; or
5. Such other conduct, as in the opinion of
the Department, would render certification of the person a threat to the health
or safety of the public.
(b) The Department may, in its discretion,
impose a lesser sanction where the circumstances of the violation do not merit
revocation of the certification, including suspension or probation on specific
terms.
(c) Disciplinary Procedure.
1. The Department may, but is not required
to, refer information concerning a certified person to the Body Art Advisory
Committee, if established. The Committee shall review the evidence and make a
recommendation to the Department.
2. The Department shall give written notice
of any disciplinary action taken pursuant to this regulation by certified mail
or statutory overnight delivery to the last known address of the person or
entity. The notice shall set forth the facts which support disciplinary
action.
3. Upon request made in
writing and received by the DPH Office of General Counsel no later than twenty
days after the written notice of disciplinary action is mailed, the Department
shall refer the matter to the Georgia Office of Administrative Hearings for
hearing in accordance with its rules. The burden of proof shall be on the
person or entity seeking the hearing.
4. Effective date of disciplinary action.
(i) All disciplinary actions by the
Department are effective twenty days after the certified person's receipt of
the notice, unless otherwise specified in the notice, or unless the certified
person makes a timely request for a hearing.
(ii) Upon a written finding set forth in the
notice of disciplinary action that the public safety, health, and welfare
imperatively require emergency action, the suspension of the certification
shall be effective immediately upon issuance of the notice.
5. Upon request for exculpatory, favorable,
or arguably favorable information relative to pending allegations involving
disciplinary action, the Department shall either furnish such information,
indicate that no such information exists, or provide such information to the
hearing officer for in camera inspection pursuant to O.C.G.A.
§
50-13-18(d)(2).
O.C.G.A. §§
31-40-2, 31-40-3, 31-40-4, 50-13-13, 50-13-18.
