Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 4, January 27, 2012 issue of the Florida Administrative Weekly.
64E-28.001 Scope of Chapter Rules.
(1) These rules provide minimum standards relating to tattoo artists and tattoo establishments, including licensure and registration requirements, operational requirements, standards of practice, and a fee schedule.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00787, 381.00791 FS. History–New_________.
64E-28.002 Definitions.
(1) through (5) No change.
(6) Department – The Department of Health and its representative county health departments.
(7)(6) Disinfect – The use of a product registered with the United States Environmental Protection Agency (USEPA) as a tuberculocidal disinfectant which results in the reduction in the number of disease-causing organisms on objects or surfaces, thereby rendering them safe for handling and use.
(8) Equipment – All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a tattoo establishment.
(9)(7) Fixed – Incapable of being moved.
(10) Government-issued photo identification – A document issued by a state, federal, or foreign government containing the photo of the person it is identifying.
(11)(8) Inactive license – A tattoo establishment or artist license which has not been renewed before by October 1.
(12) Instruments – Hand pieces and other tools that may come in contact with a customer’s body or be exposed to body fluids during tattooing procedures.
(13)(9) Minor – An individual who is less than eighteen (18) years of age.
(14)(10) Person – Any individual, partnership, corporation, association, or public body.
(15)(11) Registered business name – The name, as registered with the Department of State, under which a tattoo establishment operates.
(16)(12) Registered agent for service of process – A person, as registered with the Department of State, authorized by a tattoo establishment to receive legal notices for the establishment.
(17)(13) Single-use – means products or items that are intended for one-time, one-person use and are disposed of after use on each customer, such as cotton swabs or balls, gauze pads, tissues or paper products, sanitary coverings, razors, instruments that pierce the skin, and protective gloves.
(18)(14) Spore strip – A device used to monitor the sterilization process in a steam autoclave to ensure destruction of Geobacillus stearothermophilus spores.
(19)(15) Sterilization – The use of a steam autoclave to destroy all forms of microbial life, including spores.
(20)(16) Tattoo artist – A tattoo artist as defined in section 381.00771, F.S., including an artist who performs cosmetic tattooing.
(21)(17) Unobstructed access – A situation where an artist can wash their hands and return to the tattooing area without recontaminating their hands by handling an object such as a door knob.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00789 FS. History–New________.
64E-28.003 Licensure Requirements for a Tattoo Artist.
(1) An applicant A tattoo artist seeking initial licensure as a tattoo artist shall:
(a) Submit a completed application for licenser to the department on form DH 4147, 5/12, Application for Tattoo Artist License, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the internet at tap://www.myfloridaeh.come/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.010 64E-28.011, F.A.C., and the following documentation is attached:
1. No change.
2. A copy of the certificate of training proving completion of Proof of having completed a department approved course on blood-borne pathogens and communicable diseases with having achieved a minimum score of seventy per cent (70%) 70 percent on the course examination.
(b) No change.
(2) A tattoo artist’s license is valid for one year, October 1 to September 30 of the following year, throughout the state of Florida.
(3) No change.
(a) Annually, submit a completed application for license renewal on Form DH 4147 before by October 1.
1. No change.
2. A license which has not been renewed on or before September 30 by October 1 shall be deemed inactive on this day. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after September 30 October 1.
(b) No change.
(4) No change.
Rulemaking Specific Authority 381.00789 FS. Law Implemented 381.00771, 381.00775, 381.00779, 381.00781 FS. History–New _________.
64E-28.004 Registration Requirements for a Guest Tattoo Artist.
(1) A guest tattoo artist seeking registration by the department shall:
(a) Ssubmit, at least fourteen (14) days prior to practicing tattooing in any licensed tattoo establishment or licensed temporary tattoo establishment, a completed application for registration to the department on Form DH 4150, 5/12, Application for Guest Tattoo Artist Registration, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the internet at http://www.myfloridaeh.com/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.010 64E-28.011, and the following documentation is attached:
1.(a) A copy of a government issued photo identification confirming the applicant is at least 18 years of age.
2.(b) A copy Proof of an active license, registration, or certification in another jurisdiction.
3.(c) A copy of the certificate of training providing completion of Proof of having completed a course on blood-borne pathogens and communicable diseases, which meets the requirements specified in subsection (b). with having achieved a score of at least seventy per cent (70%) on the course examination covering the materials in the course in that jurisdiction, provided the course requirements, as determined by the department, comparable to or exceed those in 381.00775(2)(b)4.and 5., F.S., and Rule 64E-28.006, F.A.C.
(b)(2) Should the department determine that the education course and examination requirements in another jurisdiction do not meet or exceed those in Section 381.00775(2)(b), F.S. and Rule 64E-28.006, F.A.C., the applicant must submit proof of successful completion of Complete a department approved education course on blood-borne pathogens and communicable diseases with and proof of having achieved a minimum score of at least seventy per cent (70%) on the course an examination covering the materials in the course.
1. Completion of the educational course mentioned in paragraph (b), shall not be required when a tattoo artist has completed a blood-borne pathogens and communicable diseases course as a requirement for license, registration, or certification in a jurisdiction outside of the state and, as determined by department, the course requirements met or exceeded those prescribed in Section 381.00775(2)(b)4.and 5., F.S., and Rule 64E-28.006, F.A.C.
2. A tattoo artist may submit a course curriculum to the department and request the department conduct a review for determination of the requirements specified in paragraph 1. Requests for curriculum review shall be submitted prior to submission of a completed application for registration of a guest artist.
(2)(3) A guest tattoo artist’s registration license is valid for up to fourteen (14) consecutive days, throughout the State of Florida.
(3)(4) A guest tattoo artist shall not perform tattooing without an active guest tattoo artist registration.
(4)(5) A guest tattoo artist registration shall not be transferrable from one person to another.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00775 FS. History–New_________.
64E-28.005 Licensure Requirements for a Tattoo Establishment.
(1) No change.
(a) Prior to performing tattooing, Requires a completed application shall be submitted to the county health department on form DH 4151, 5/12, Application for Tattoo Establishment Licensure, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the establishment is physically located, or from the internet at http://www.myfloridaeh.com/community/Tattoo/index.html prior to performing tattooing. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in section 64E-28.0101.
(b) No change.
(c) A license which has not been renewed on or before September 30 by October 1 shall be deemed inactive on this day. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after September 30 October 1.
(2) No change.
(a) A Requires a completed application to shall be submitted to the county health department on form DH 4151 at least thirty (30) days prior to performing tattooing. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.010 64E-28.011, F.A.C.
(b) A license for a temporary tattoo establishment is valid for up to fourteen (14) consecutive days in conjunction with a convention or similar event for which the license is issued.
(3) through (4) No change.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00777 FS. History–New_________.
64E-28.007 Operational Requirements for a Tattoo Establishment.
(1) Tattoo establishments shall have walls, a floor, and a ceiling. Floors and walls located in the tattooing area, and the area where items are cleaned and sterilized, and in the restrooms shall be constructed of non-absorbent, easily cleanable materials. The entire establishment shall be maintained in clean condition and good repair.
(2) through (3) No change.
(4) Except for first-aid purposes, Eeating and drinking, except for the purpose of administering first aid, and smoking are prohibited in areas where tattooing is performed or where instruments and supplies are cleaned and stored.
(5) through (15) No change.
(16) No change.
(a) Individually packaged, pre-sterilized, single-use items shall be sterilized with ethylene gas or gamma rays and shall be labeled with the expiration date by the manufacturer.
(b) If a package containing pre-sterilized, single-use items has been compromised, the contents shall be discarded.
(17) No change.
(a) Individually packaged, pre-sterilized, single-use items shall be sterilized with ethylene gas and shall be labeled with the expiration date by the manufacturer.
(b) If a package containing pre-sterilized, single-use items has been compromised, the contents shall be discarded.
(18)(c) All packages of sterile items shall be stored in a clean, dry, covered container or in a clean, dry cabinet until just prior to use.
(19)(18) Work chairs, tables, stands, cabinets, and counter tops shall have a smooth, non-porous, easily cleanable surface, and shall be cleaned and disinfected after each customer.
(20)(19) If any liquid product is not in its original container, the container into which the product has been placed shall be labeled with the name of the product.
(21)(20) Each tattoo establishment shall maintain the following records:
(a) through (d) No change.
(e) Personnel records of each tattoo artist who works in the establishment. The record shall contain the tattoo artist’s name, address, date of birth, a copy of a government-issued photo identification, and the license number issued by the department. Personnel records shall be maintained for at least 2 years after an artist’s employment ends.
(22)(21) A tattoo establishment shall allow the department to conduct, at a minimum, annual inspections for the purpose of ensuring assisting the establishment in achieving compliance with Sections 381.00771-381.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 5/12, Tattoo Establishment Inspection Report, herein incorporated by reference and which can be obtained from the environmental health section of the county health department having jurisdiction.
(23)(22) Biomedical waste shall be managed in accordance with section 381.0098, F.S., and Chapter 64E-16, F.A.C. Regular solid waste shall be collected, stored and disposed of in a manner and at a frequency that does do not create a sanitary nuisance, as defined in Chapter 386, F.S.
(23) Tattoo establishments, currently operating on the effective date of this chapter, which are not in full compliance with the handsink and cleaning sink requirements on the effective date of this chapter shall have six months from the effective date of this chapter to comply with the requirements.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New_________.
64E-28.008 Operational Requirements for a Temporary Tattoo Establishment.
(1) through (3) No change.
(4) A temporary establishment shall allow the department to conduct, at minimum, an initial inspection prior to and, if deemed necessary, during the convention or similar event for the purpose of ensuring compliance with sections 381.00771-381.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 5/12, Tattoo Establishment Inspection Report.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New_________.
64E-28.009 Standards of Practice for a Tattoo Artist or Guest Tattoo Artist.
(1) No change.
(a) through (b) No change.
(c) Copy of the identification used to verify customer is at least eighteen (18) years of age.
(c)(d) Description and location of tattoo on the customer’s body.
(d)(e) Signature of the customer.
(e)(f) Signature of the artist.
(2) No change.
(3) If tattooing a minor who is sixteen (16) or seventeen (17) years of age, a tattoo artist shall obtain the following documents in addition to the requirements of subsection (1):
(a) Inspect cCopies of a government-issued photo identification for both the minor and for the parent or legal guardian of the minor. If the photo identification for the minor does not show a birth date, a copy of the minor’s birth certificate shall be provided.
(b) Obtain a A signed and notarized consent by the minor’s parent or legal guardian on form DH 4146, 5/12, Written Notarized Consent For Tattooing of a Minor Child, Age 16 through 17 Years Old, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives or the tattoo establishment is physically located, or from the internet at http://www.myfloridaeh.com/community/Tattoo/index.html.
(c) Complete the requirements of subsection (1).
(4) through (7) No change.
(8) No change.
(a) Use aseptic techniques, including barrier covers on instruments and equipment that may come into contact with the tattoo artist or the customer during the tattoo procedure. Should an artist choose to not use a barrier cover on the tattoo machine, they must disinfect the machine upon completion of the tattoo procedure.
(b) through (g) No change.
(9) through (10) No change.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New_________.
64E-28.010 Forms.
(1) DH Form 4147, 03/12, Application for Tattoo Artist License.
(2) DH Form 4150, 03/12, Application for Guest Tattoo Artist Registration.
(3) DH Form 4151, 03/12, Application for Tattoo Establishment License.
(4) DH Form 4146, 03/12, Consent Form for Minor.
(5) DH Form 4154, 03/12, Tattoo Establishment Stop Use Order
Rulemaking Authority 381.00789 FS. Law Implemented 381.00789, 381.00775(3)(a), 381.00777(2), 381.00775(4), 381.00787(2)(d) FS. History–New_________.
Rule 64E-28.011 renumbered 65E-28.010:
64E-28.010 Fee Schedule.
(1) through (6) No change.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00781 FS. History–New_________.