2000 -- H 7862
=======
LC02562
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2000
____________
A N A C T
MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL
YEAR ENDING JUNE 30, 2001
Introduced By: Representatives Callahan, Quick and Mumford
Date Introduced: February 15, 2000
Referred To: Committee on Finance
It is enacted by the General Assembly as follows:
SECTION 28. Section 23-1-39 of the General Laws in Chapter 23-1
entitled "Department of Health" is hereby amended to
read as follows:
23-1-39. Tattooing and/or body piercing. - (a) The director shall
promulgate rules and regulations which provide minimum requirements
to be met by any person performing tattooing and/or body piercing
upon any individual and for any establishment where tattooing
and/or body piercing is performed. These requirements shall include,
but not be limited to, general sanitation of premises wherein
tattooing and/or body piercing is to be performed and sterilization
of instruments. These rules and regulations shall place emphasis
on the prevention of disease, specifically including, but not
limited to, transmission of hepatitis B and/or human immunodeficiency
virus (HIV).
(b) In addition, these rules and regulations shall establish
procedures for registration with the department of health of all
persons performing tattooing and/or body piercing, for registration
of any establishment where tattooing and/or body piercing is performed,
for regular inspections of premises wherein tattooing and/or body
piercing is performed, and for revocation of the registration
of any person or establishment deemed in violation of the rules
and regulations promulgated under this section. An annual registration
fee in the amount of fifty dollars ($50.00) fifty-eight dollars
($58.00) shall be paid by any person or establishment registered
to perform tattooing or body piercing under this section. All
fees shall be deposited by the department as general revenues.
(c) Body piercing of a minor is prohibited; provided, however,
that body piercing will be allowed if the minor is accompanied
by his or her parent or guardian, and the parent or guardian gives
consent to the body piercing.
Rhode Island statutes authorize the director of the state Department
of Health (DOH) to regulate tattooing and they also create two
criminal penalties for tattooing offenses. Tattooing anyone under
age 18 is a misdemeanor punishable by imprisonment for up to one
year or a fine of up to $300 (R.I. Gen. Laws § 11-9-15).
The statute contains wording to the effect that its provisions
should not be construed as prohibiting the removal of tattoo markings
from the body of anyone regardless of his age. Students in any
public, private, parochial, or military school, college, or other
educational institution are prohibited from tattooing or knowingly
permanently marking the body of any fellow student by the use
of nitrate of silver (R.I. Gen. Laws § 11-21-3). Violation
is punishable by imprisonment for between one and 10 years.
WEIL'S CODE OF RHODE ISLAND RULES
Copyright (c) 1992-2002 Weil Publishing Co., Inc.
All rights reserved
*** THIS DOCUMENT IS CURRENT THROUGH THE MAY 2002 REVISION ***
AGENCY 14. DEPARTMENT OF HEALTH
SUB-AGENCY 140. PROFESSIONAL REGULATION DIVISION
14 140 009 Hairdressers and Cosmeticians, Manicurists, Estheticians,
Schools
and Shops of Hairdressing and Cosmeticians, Manicuring and Esthetics
TABLE OF CONTENTS
PART I DEFINITIONS, LICENSURE REQUIREMENTS FOR APPLICANTS, ISSUANCE
OF
LICENSES
1.0 DEFINITIONS.
2.0 LICENSE REQUIREMENTS
2.0 EXEMPTIONS
4.0 GENERAL QUALIFICATIONS FOR ALL APPLICANTS
5.0 CLASSES OF LICENSES
5.1 HAIRDRESSER/COSMETICIAN
5.2 HAIRDRESSER/COSMETOLOGIST INSTRUCTOR.
5.3 MANICURIST.
5.4 ESTHETICIAN.
5.5 BARBER.
5.6 BARBER APPRENTICE.
60 APPLICATION FOR LICENSE AND FEES
6.1 For U.S. BORN applicants:
For FOREIGN BORN applicants:
6.1 Good Moral Character:
6.3 Photographs:
6.4 Verification (Applicants licensed in another state):
6.5 Professional Education Transcripts:
6.6 High school Graduation:
6.7 Examinations:
6.8 Fees:
7.0 LICENSING BY EXAMINATION
7.3 Re-Examination
8.0 REQUIREMENTS FOR APPLICANTS LICENSED IN ANOTHER STATE
9.0 REQUIREMENTS FOR APPLICANTS FROM ANOTHER COUNTRY:
10.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE.
11. DEMONSTRATOR'S PERMIT
PART II LICENSURE REQUIREMENTS FOR SHOPS
12.0 GENERAL REQUIREMENT
13.0 EXEMPTIONS
14.0 APPLICATION FOR LICENSE AND FEE
15.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE
16.0 ORGANIZATION AND MANAGEMENT (MANAGER)
17.0 ENVIRONMENTAL MAINTENANCE AND SANITATION
18.0 STRUCTURAL REQUIREMENTS, EQUIPMENT AND SUPPLIES
PART III INSPECTION, ADVERTISING AND PERMANENT MAKE-UP
19.0 INSPECTIONS
20.0 ADVERTISING
21.0 PERMANENT MAKE-UP
PART IV REVOCATION OR SUSPENSION, VIOLATIONS, SANCTIONS, PRACTICES
AND
PROCEDURES AND SEVERABILITY
22.0 REVOCATION OR SUSPENSION OF LICENSE, PERMIT OR CERTIFICATE
23.0 RULES GOVERNING PRACTICES AND PROCEDURES
24.0 SEVERABILITY
INTRODUCTION
These Rules and Regulations for the Licensure of Barbers,
Hairdresser/cosmeticians, Hairdressers Instructors, Manicurists
or
Estheticians (R5-10-HAIR) are promulgated pursuant to the authority
set forth in section
5-10-2 of the General Laws of Rhode Island, as amended, and are
established
for the purpose of establishing minimal requirements for the licensing
of
Barbers, Hairdresser/cosmeticians, Hairdressers Instructors, Manicurists
or
Estheticians
Pursuant to the provisions of section 42-35-3(c) of the General
Laws of
Rhode Island, as amended, the following issues have been given
consideration in
arriving at the regulations in the best interest of the public
health and
welfare: (1) alternative approaches to the regulations; (2) duplication
or
overlap with other state regulations; and (3) significant economic
impact on
small business as defined in Chapter 42-35 of the General Laws.
No known
overlap or duplication, no alternative approach nor any significant
economic impact
was identified.
PART I DEFINITIONS, LICENSURE REQUIREMENT FOR APPLICANTS, ISSUANCE
OF
LICENSEES
Section:
1.0 DEFINITIONS. -
The following words and phrases, when used in these rules and
regulations
shall be construed as follows:
1.1 "Department" shall mean the Rhode Island Department
of Health.
1.2 "Division" shall mean the Division of Professional
Regulation within
the Department of Health.
1.3 "Board" shall mean the state board of barbering
and hairdressing as
provided for in the Act.
1.4 "School" shall mean a school approved under chapter
16-40 of the
general laws of the state of Rhode Island of 1956, as amended,
devoted to the
instruction in and study of the theory and practice of barbering,
hairdressing and cosmetic therapy, esthetics and/or manicuring.
1.5 "Hairdresser and cosmetician" shall mean any person
who arranges,
dresses, curls, cuts, waves, singes, bleaches or colors the hair
or treats
the scalp or manicures the nails of any person either with or
without
compensation or who, by the use of the hands or appliances or
of cosmetic preparations,
antiseptics, tonics, lotions, creams, powders, oils or clays,
engages, with
or without compensation, in massaging, cleansing, stimulating,
manipulating,
exercising or beautifying or in doing similar work upon the neck,
face or
arms or who removes superfluous hair from the body of any person.
1.6 "The practice of hairdressing and cosmetic therapy"
shall mean the
engaging by any licensed hairdresser and cosmetician in any one
or more of
the following practices: the application of the hands or of mechanical
or
electrical apparatus, with or without cosmetic preparations, tonics,
lotions, creams,
antiseptics or clays, to massage, cleanse, stimulate, manipulate,
exercise
or otherwise to improve or to beautify the scalp, face, neck,
shoulders, arms,
bust or upper part of the body or the manicuring of the nails
of any person; or
the removing of superfluous hair from the body of any person;
or the arranging,
dressing, curling, waving, weaving, cleansing, cutting, singeing,
bleaching,
coloring or similarly treating the hair of any person.
1.7 "Manicurist," shall mean any person who engages
in manicuring for
compensation, and duly licensed as a manicurist.
1.8 "The practice of Manicuring," shall mean the cutting,
trimming,
polishing, tinting, coloring or cleansing the nails of any person.
1.9 "Esthetician" shall mean a person who engages in
the practice of
esthetics, and duly licensed as an esthetician.
1.10 "Esthetics" shall mean the practice of cleaning,
stimulating,
manipulating and beautifying skin, including but not limited to
the
treatment of such skin problems or dehydration, temporary capillary
dilation, excessive
oiliness and clogged pores.
1.11 "Instructor" shall mean any person duly licensed
as an instructor
under the provisions of this chapter.
1.12 "Barber" shall mean any person who shaves or trims
the beard, waves,
dresses, singes, shampoos or dyes the hair or applies hair tonics,
cosmetic
preparations, antiseptics, powders, oil clays or lotions to scalp,
face or
neck of any person; or cuts the hair of any person, gives facial
and scalp
massages or treatments with oils, creams, lotions, or other preparations.
1.13 "The practice of barbering" shall mean the engaging
by any licensed
barber in all or any combination of the following practices: shaving
or
trimming the beard or cutting the hair; giving facial and scalp
massages or
treatments with oils, creams, lotions, or other preparations either
by hand or
mechanical appliances; singeing, shampooing, arranging, dressing,
curling, waving,
chemical waving, hair relaxing, or dyeing the hair or applying
hair tonics:; applying
cosmetic preparations, antiseptics, powders, oils, clays or lotions
to
scalp, face or neck.
1.14 "Apprentice barber" shall mean an employee whose
principal
occupation is service with a barber or hairdresser who has held
a current license as a
barber or hairdresser for at least one year with a view to learning
the art of
barbering, as defined in Section 1.13.
1.15 "Manager" shall mean a person licensed as a barber,
hairdresser and
cosmetologist, manicurist or esthetician for at least one year
who is
registered with the Division by the owner of the shop to be responsible
for supervising
the operation of the shop and its employees at it relates to the
Act and these
Rules and Regulations.
1.16 "Hair design shop," shall mean a shop licensed
under this chapter to
do barbering or hairdressing/cosmetology or both to any person.
1.17 "Manicuring shop," shall mean a shop licensed
under this chapter to
do manicuring only on the nails of any person.
1.18 "Esthetician shop," shall mean a shop licensed
under this chapter to
do esthetics on any person.
Section:
2.0 LICENSE REQUIREMENTS
2.1 No person shall practice barbering, hairdressing and cosmetic
therapy, esthetics, or manicuring in this state, unless the person
shall have first
obtained a license therefore or has been registered as a barber
apprentice
as provided by the Act and these Rules and Regulations herein.
2.2 No person shall engage in hairdressing instruction in any
school as
defined in Section 1.7 unless the person shall have first obtained
a
hairdressing instructor license as provided by the Act and these
Rules and
Regulations herein.
2.3 Students enrolled in programs of hairdressing or barbering
may enter
into a workstudy arrangement after they have completed at least
one thousand
(1,000) hours of classroom instruction.
2.3.1 Students participating in a work study arrangement shall
be under
the direct supervision of a licensed hairdresser or barber.
2.3.2 The level of hairdressing or barbering procedures performed
by the
student shall be as determined by the registered manager or owner/manager,
of the Hair Design Shop, who shall be responsible for all procedures
performed
by the student.
2.3.3 Students shall wear a name tag that clearly identifies
the student
as a student.
2.3.4 No classroom hours of instruction credit shall be granted
for a
students' participation in a work-study arrangement.
2.3.5 No student shall work at any time while the school they
are
enrolled in is in session.
2.3.6 The work study arrangement shall not continue beyond the
student's
graduation from school or completion of course work.
Section:
3.0 EXEMPTIONS
3.1 The provisions and penalties of these Rules and Regulations
shall not
apply to licensed physicians, osteopathics, chiropractors or registered
nurses when acting within the scope of their professions or occupations
as defined
by law.
Section:
4.0 GENERAL QUALIFICATIONS FOR ALL APPLICANTS
All applicants for licensure under these rules and regulations
must meet
the following requirements:
4.1 be at least eighteen (18) years of age; and
4.2 be a citizen of the United States of America or has legal
entry into
the country (lawfully eligible to work); and
4.3 be of good moral character; and
4.4 be a high school graduate or hold the equivalent thereof;
and
4.4.1 notwithstanding the provision of section 3.4 above, an
applicant
seeking licensure as a barber need not be a high school graduate.
On and
after 1 July 1997, an applicant seeking licensure as a barber
must be a high school
graduate or hold the equivalent thereof.
4.5 have satisfactorily completed the course of instruction in
an
approved school of hairdressing and cosmetic therapy, and/or manicuring
or esthetics
as outlined in section 4.0; or
4.6 have satisfactorily completed the course of instruction in
an
approved school of barbering as outlined in section 4.5; or
4.6.1 have engaged in barbering as a registered apprentice for
two (2)
years; or
4.6.2 have completed a combination of barber school instruction
and
apprentice training as required in section 4.5; and
4.7 have satisfactorily passed a written and practical examination
conducted by the division to determine the fitness of the applicant
to receive a
license; and
4.8 have complied with section 5.0 and such other qualifications
as the
division may prescribe by regulation.
Section:
5.0 CLASSES OF LICENSES
5.1 HAIRDRESSER/COSMETICIAN.
The Division shall issue a Hairdresser and Cosmetician license
to an
individual who meets the requirements of Section 3.0, completes
the
application required in section 5.0 and who meets the following
requirements:
5.1.1 has completed a course of instruction in hairdressing and
cosmetology consisting of not less than fifteen hundred (1500)
hours of continuous study
and practice in an approved school.
5.2 HAIRDRESSER/COSMETOLOGIST INSTRUCTOR.
The Division shall issue a Hairdresser and Cosmetician Instructor
license
to an individual who meets the requirements of Section 3.0, completes
the
application required in section 5.0 and who meets the following
requirements:
5.2.1 has held a licensed hairdresser's and cosmetician's license,
issued
under the laws of this state, or another state, for at least three
(3) years
next preceding the date of application for an instructor's license;
and
5.2.2 has satisfactorily completed three-hundred (300) hours
of
instruction in hairdressing and cosmetology teacher training approved
by the division as
prescribed by regulation;
5.3 MANICURIST.
The Division shall issue a Manicurist license to an individual
who meets
the requirements of Section 3.0, completes the application required
in section
5.0 and who meets the following requirements:
5.3.1 has completed a course of instruction consisting of not
less than
three-hundred (300) hours of professional training in manicuring,
in an
approved school.
5.4 ESTHETICIAN.
The Division shall issue an Esthetician license to an individual
who
meets the requirements of Section 3.0, completes the application
required in
section 5.0 and who meets the following requirements:
5.4.1 has completed a course of instruction in esthetics consisting
of
not less than six hundred hours (600) of continuous study and
practice over a
period of not less than four (4) months in an approved school
of hairdressing and
cosmetology or who holds a diploma or certificate from a skin
care school
that is recognized as a skin care school by the state or nation
in which it is
located;
5.5 BARBER.
The Division shall issue a Barber license to an individual who
meets the
requirements of Section 3.0, completes the application required
in section
5.0 and who meets the following requirements:
5.5.1 has completed a course of instruction in barbering consisting
of
not less than one thousand five hundred (1,500) hours of continuous
study and
practice in an approved school; or
5.5.2 has possessed for at least two (2) years prior to the filing
of the
license application a certificate of registration in full force
and effect
from the Department of Health of the state of Rhode Island specifying
that person
as a registered apprentice barber and the application of that
applicant is
accompanied with an affidavit or affidavits of his or her employer
or former
employers or other reasonably satisfactory evidence showing that
the
applicant has been actually engaged in barbering as an apprentice
barber in the state
of Rhode Island during those two (2) years; or
5.5.3 has successfully completed one thousand (1,000) hours of
barber
instruction in an approved school and has completed a minimum
of eight
hundred and forty (840) hours of barber on-the-job training, as
a registered barber
apprentice, obtained within a minimum of six (6) months as a registered
apprentice.
5.6 BARBER APPRENTICE.
The Division shall issue a Barber apprentice registration to
an
individual who meets the following requirements:
5.6.1 completes the application;
5.6.2 submits acceptable evidence that any training the apprentice
receives shall be conducted by and under the direct supervision
of a licensed barber
in a licensed Hair Design Shop.
5.6.3 Apprentice barbers shall be under the direct supervision
of a
licensed barber who must be on the premises with the apprentice
barber.
5.6.4 The number of apprentice barbers which a licensed barber
may
supervise in a licensed Hair Design Shop serving the general public
shall be no more
than one apprentice barber to one licensed barber.
5.6.5 The number of inmates, registered as apprentice barbers,
which a
licensed barber may supervise in a licensed Hair Design Shop serving
the
inmate population of the Department of Correction's inmate facilities
or a
Detention Center shall be no more than fifteen.
Section:
6.0 APPLICATION FOR LICENSE AND FEES
Application for licensure shall be made on forms provided by
the Division
and shall be completed, notarized and submitted to the Division
by applicants
seeking licensure. The application shall be accompanied by the
following
documents and fee:
6.1 For U.S. BORN applicants:
a certified or notarized copy of birth certificate.
For FOREIGN BORN applicants:
Proof of lawful entry into the country and lawful eligibility
for
employment in the United States.
6.2 Good Moral Character:
Signed statement on application.
6.3 Photographs:
a recent identification photograph of the applicant, head and
shoulder
front view approximately 2 x 3 inches in size;
6.4 Verification (Applicants licensed in another state):
The Board of Barbering and/or Hairdressing in each state in which
the
applicant has held or holds licensure shall submit directly to
the Division,
a statement attesting to the licensure status of the applicant
during the time
period the applicant held licensure in said state;
6.5 Professional Education Transcripts:
Supporting certified transcript of educational credentials as
required in
the appropriate section of 4.0 herein, signed by an official,
verifying the
dates of attendance and completion of the appropriate program.
Such documentation
must be sent directly from the school to the Division and must
consist of original
statements and/or photocopies bearing the signature of the school
official
and the imprint of the school seal.
6.6 High school Graduation:
Verification of high school graduation or equivalent may be an
original
signed statement from an official of the high school or equivalent
program
or a notarized photocopy of the original document.
6.6.1 Applicants who obtained their high school education in
a foreign
country must have their high school credentials evaluated by a
recognized
educational documentation evaluation center for equivalency.
6.7 Examinations:
For applicants applying by endorsement the results of any required
examination under Section 4.0 must be submitted directly to the
Division by
the state Board of Hairdressing in which the examination was administered.
6.8 Fees:
The application fee of twenty-five dollars ( $ 25.00) made payable
to the
General Treasurer, State of Rhode Island (non-returnable nor non-refundable);
Section:
7.0 LICENSING BY EXAMINATION
Applicants shall be required to satisfactorily pass a written
and
practical examination for the specific class of license the applicant
is seeking
(barber, hairdresser/cosmetician, manicurist, esthetician or hairdressing
instructor), as determined by the division to test the qualifications
of the applicant to
practice in a specific classification(s) in accordance with the
statutory and
regulatory requirements herein.
7.1 For written examination the division may administer a nationally
recognized examination such as the National Interstate Council
(NIC) of
State Boards of Hairdressing Examination or such other examination
from a
recognized examination service or agency as may be determined
by the division.
7.1.1 The minimal passing score of the written examination administered
by the Division for Hairdresser/Cosmetology, Hairdressing Instructor,
Esthetician,
manicuring and Barbering shall be seventy percent (70%).
7.2 Practical examinations shall be given in a manner prescribed
by the
Division.
7.2.1 Examinations shall be given at least twice a year, and
at such time
and place as designated by the division.
7.2.2 The minimal passing score for the practical examination
administered by the Division for Hairdresser/Cosmetology, Hairdressing
Instructor,
Esthetician and Manicuring shall be seventy percent (70%).
7.2.3 The minimal passing score for the practical examination
administered by the Division for Barbering shall be seventy percent
(75%).
7.3 Re-Examination
In case of failure of any applicant to satisfactorily pass an
examination
the applicant shall be entitled to re-examination. The fee for
each
re-examination shall be twenty-five dollars ( $ 25.00) (non-refundable)
made payable by
check or money order to the General Treasurer, State of Rhode
Island.
Section:
8.0 REQUIREMENTS FOR APPLICANTS LICENSED IN ANOTHER STATE
8.1 Any person licensed to practice barbering, hairdressing and
cosmetic
therapy, manicuring or esthetics in another state where the requirements
are
the equivalent of those of this state, the applicant shall be
entitled to a
license for barbering, hairdresser/cosmetician, manicurist or
esthetician, upon the
acceptance of his or her credentials by the division.
8.2 The applicant must have satisfactorily passed a written and
practical
examination administered by the Division, or another state Board,
of the
theory and practice of barbering, hairdressing/cosmetician, manicuring
or
esthetics, depending on the licensure classification which the
applicant is seeking.
8.2.1 If the requirements of another state are not equivalent
to the
requirements of this state then:
8.2.1.1 The division may grant a hairdresser/cosmetologist applicant
one
hundred (100) hours of instructional credit for each three (3)
month period
that said hairdresser/cosmetologist applicant was licensed in
another state and
actively practicing up to a limit of five hundred (500) hours.
8.3 Persons who have been duly licensed by examination under
the laws of
other states of the United States or the District of Columbia
shall not be
prevented from practicing the profession for which they have been
trained in
either barbering, hairdressing and cosmetic therapy and/or manicuring
or
esthetics in this state for a period of three (3) months, provided:
8.3.1 The applicant files an application to become licensed.
8.3.2 The privilege to work for three (3) months as provided
for in
section 7.3 shall not be extended or renewed beyond the three
(3) months from the
commencement of employment.
Section:
9.0 REQUIREMENTS FOR APPLICANTS FROM ANOTHER COUNTRY:
9.1 Any person trained to practice barbering, hairdressing and
cosmetic
therapy, manicuring or esthetics in another country where the
educational
requirements are essentially equivalent of those of this state
may be
entitled to apply to sit for the licensing examination for barbering,
hairdresser,
cosmetician, manicurist or esthetician, upon the acceptance of
his or her
credentials by the division.
9.1.1 If the education and training requirements of another country
are
not equivalent to the requirements of this state then:
9.1.1.1 The division may grant the applicant up to one thousand
(1,000)
hours of instructional credit for a combination of foreign training
and experience
of a minimum of two and one half years (thirty months) of actively
practicing
their profession in a foreign country.
9.2 The applicant must satisfactorily meet all of the requirements
of
section 3.0.
9.3 The applicant shall not be prevented from practicing the
profession
for which they have been trained either in barbering, hairdressing
and cosmetic
therapy and/or manicuring or esthetics in this state for a period
of three
(3) months, provided:
9.3.1 The applicant files an application to become licensed.
9.3.2 The privilege to work for three (3) months as provided
for in
section 8.3 shall not be extended or renewed beyond the three
(3) months from the
commencement of employment.
Section:
10.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE.
10.1 The Administrator of the division shall issue to applicants
who have
satisfactorily met the licensure requirements herein, a license
to practice
barbering, hairdressing/cosmetology, or manicuring or esthetics
or to be an
instructor in this state. Said license unless sooner suspended
or revoked,
shall expire on the thirtieth (30th) day of September of every
other year
following the date of issuance of original license, which will
be determined on an
oddeven year basis.
10.2 On or before the first (1st) day of September of every year,
the
Administrator of the division shall mail an application for renewal
of
license to every person scheduled to be licensed that year on
an odd/even basis with
respect to the license number. Every person so licensed who wishes
to renew
his or her license shall file with the Administrator of the Division
such
renewal application duly executed together with the renewal fee
of thirty dollars
( $30.00) made payable by money order or check to the General
Treasurer, State
of Rhode Island, and submitted to the division before the fifteenth
(15th) day
of September in each renewal year.
10.3 Upon receipt of such renewal application and fee, the Administrator
of the Division shall grant a renewal license effective October
1st and
expiring two (2) years later on September 30th.
10.4 Any person who has failed to renew his or her license on
or before
the 30th day of September following the date of issuance may be
reinstated by
the division upon payment of the current renewal fee of thirty
dollars ( $
30.00) and an additional fee of fifteen dollars ( $ 15.00) for
each year said
license has lapsed.
10.5 Each licensee shall have his or her license on their person
while
performing the duties for which they are licensed and shall be
readily
available upon the request of an agent of the Division.
Section:
11.0 DEMONSTRATOR'S PERMIT
11.1 Any person recognized by the division as an authority or
expert in
the theory or practice of barbering, hairdressing and cosmetic
therapy and/or
manicuring or esthetics and is the holder of a current esthetician's,
manicurist's, or a barber's, hairdresser's and cosmetician's license
in this
state or another state or the District of Columbia may be issued
by the
division a permit for not more than six (6) days duration for
educational and
instructive demonstration.
11.1.1 For the purposes of these Rules and Regulations an authority
or
expert in the theory or practice of barbering, hairdressing and
cosmetic therapy
and/or manicuring or esthetics shall be any person sponsored by
a recognized
manufacturer or distributor of hair and/or skin products, or sponsored
by a
state Hairdressing or Barber Association.
11.2 Furthermore, a demonstrator shall be a person qualified
to
demonstrate in the area of specialty(ies) such as barbering, hairdressing,
cosmetology,
manicuring or esthetics, to licensed hairdressers, cosmetologists,
manicurists, or estheticians, and/or to students in approved schools
which shall exclude
public participation.
11.3 A demonstrator's permit shall not be used in the sense of
a license
to practice barbering, manicuring, esthetics or hairdressing and
cosmetic
therapy.
11.4 Applicants seeking a demonstrator's permit must apply to
the
division, complete forms provided by the division and return said
forms to the
division accompanied by the fee of twenty-five dollars ( $ 25.00)
made payable by
check or money order to the General Treasurer, State of Rhode
Island.
11.5 Upon review of the application and credentials and such
other
information as the Board may find necessary, the Board shall advise
the
Division regarding the issuance of a demonstrator's permit.
PART II LICENSURE REQUIREMENTS FOR SHOPS
Section:
12.0 GENERAL REQUIREMENT
12.1 No shop, place of business or establishment shall be opened
or
conducted within the state by any person, association, co-partnership,
corporation, or
otherwise for the practice of barbering, manicuring and/or hairdressing
and
cosmetic therapy or esthetics without being licensed in accordance
with the
statutory and regulatory provisions herein.
12.2 No license shall be granted to any shop, place of business
or
establishment for the practice of barbering, hairdressing and
cosmetic
therapy unless the proprietor or supervising manager in the practice
of barbering,
hairdressing and cosmetic therapy thereof is duly licensed and
shall have
been licensed as a hairdresser and cosmetician for a period of
at least one (1)
year immediately prior to the filing of the application for the
licensure of the
shop.
12.3 No license shall be granted to any shop, place of business
or
establishment for the practice of manicuring or esthetics unless
the
proprietor or a supervising manager thereof is duly licensed in
this state and shall
have been so licensed as a barber, hairdresser, and cosmetician,
manicurist or
esthetician for a period of at least one (1) year immediately
prior to the
filing of the application for said license.
12.4 No "new" shop shall open for business until it
has been inspected
and a license issued for its operation by the Division.
12.5 Persons working in a shop who are independent contractors,
not
considered to be employees of the shop owner for tax purposes,
are
considered to be an independent business requiring a separate
Hair Design Shop license.
Section:
13.0 EXEMPTIONS
13.1 Nothing in this section shall restrict a hairdresser licensed
pursuant to the Act and these Rules and Regulations, operating
in a licensed nursing
service agency, from providing services to an individual who is
home bound
at their home. For purposes of this section, "homebound"
shall be defined as
any person who is considered housebound for purpose of federal
medicare
eligibility.
13.2 Nothing in this section shall restrict any Barber, Hairdresser/Cosmetologist,
Manicurist or Esthetician from providing services to an individual
who is homebound at their home as verified by a licensed health
care professional.
Section:
14.0 APPLICATION FOR LICENSE AND FEE
14.1 Application for a license to conduct, maintain or operate
a shop for
the practice of barbering, hairdressing and cosmetic therapy,
or manicuring, or
esthetics shall be made of forms provided by the Division and
shall contain
such information as the licensing agency reasonably requires,
and in accordance
with the provisions herein.
14.2 Forms shall be completed, notarized and submitted to the
Division
with the following documentation:
14.2.1 evidence of compliance with the local zoning laws, in
which the
shop, place of business or establishment is located;
14.2.2 application for registration of the supervising manager;
14.2.3 a listing of the names and addresses of direct or indirect
owners
whether individual, partnership, or corporation; and
14.2.4 license fee of seventy-five dollars ( $ 75.00) made payable
by
check or money order to the General Treasurer, State of Rhode
Island.
Section:
15.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE
15.1 Upon receipt of an application for a Hair Design Shop license,
the
applicant shall arrange with the Division for an inspection of
the premises
to determine if the premises are in compliance with these Rules
and Regulation.
15.2 Upon satisfactory results of the inspection the Division
shall issue
a license or renewal thereof for a period of no more than one
(1) year, if the
applicant meets the requirements of the regulations herein. Said
license,
unless sooner suspended or revoked, shall expire on the first
day of July following
the date of issuance and may be renewed from year to year subject
to inspection
and approval by the Division.
15.3 For each license renewal thereof the licensure renewal fee
of
seventy-five dollars ( $ 75.00) made payable by check or money
order to the
General Treasurer, State of Rhode Island must accompany the application
renewal form provided by the Division.
15.4 A license shall be issued to a specific licensee for a specific
address and shall not be transferable to a new address. The license
shall be issued
only for the premises and the individual owner, operator or lessee
or to the
corporate entity responsible for the operation.
15.5 A license issued hereunder shall be the property of the
state and
loaned to such licensee and it shall be kept posted in a conspicuous
place on the
licensed premises.
Section:
16.0 ORGANIZATION AND MANAGEMENT (MANAGER)
16.1 Each shop, establishment or business engaged in barbering,
hairdressing and cosmetology, manicuring or esthetics shall have
an individual to serve
as manager, who could be the owner, provided said individual meets
the qualifications of section 11.2 herein. Said manager shall
furthermore be required to be available at all times during the
hours of the shop's operation.
16.2 In addition, the manager of each shop shall be registered
with the
Division. Written documentation of name, address and qualifications
of the
manager must be submitted by the owner to the Division.
16.3 No manager shall manage more than one shop at any given
time.
16.4 The owner of a licensed shop and the manager shall notify
the
Division in writing within ten (10) days from the date of termination
of employment
of the manager of any licensed shop, establishment or place of
business. The
license of said shop shall expire forty-five (45) days from the
date the
Division was notified by the owner, if no manager meeting the
qualifications
of section 11.2 herein is registered with the Division.
Section:
17.0 ENVIRONMENTAL MAINTENANCE AND SANITATION
Each shop, establishment or place of business shall be maintained
to
provide a safe, sanitary, clean and comfortable environment. All
furnishings shall
be kept in good repair. The premises shall be kept free of hazards
at all times.
17.1 The following sanitary practices shall be exercised at all
times:
17.1.1 hand washing between patrons with soap and warm water;
17.1.2 a clean towel shall be used for each patron;
17.1.3 all linens and towels shall be deposited in a closed receptacle
after use;
17.1.4 used linens and towels shall be laundered either by commercial
laundering or by a noncommercial laundering process which includes
immersion
in water at a temperature of at least 140 F for not less than
fifteen (15)
minutes during the washing or rinsing treatment;
17.1.5 whenever a haircloth, protective drape or cape is used
on a
patron, a clean towel or other clean protection shall be placed
around the patron's
neck in such a manner as to prevent the patron's skin from contacting
the
haircloth, protective drape or cape;
17.1.6 the headrest of chairs shall be covered with a clean towel
or
paper sheet for each patron.
17.1.7 All combs, brushes, non electrical instruments with a
sharp point
or edge (scissors, tweezers cuticle nippers, manicure/pedicure
scissors etc.)
and other such articles, after use on a patron, must be;
17.1.7.1 thoroughly cleaned with a detergent and hot water and
then
rinsed;
17.1.7.2 treated with an effective disinfectant registered by
the
Environmental Protection Agency (EPA) with demonstrated bactericidal,
fungicidal and virucidal activity and used according to manufacturer's
instructions.
17.1.7.3 stored until their next use in a manner which will prevent
recontamination.
17.1.8 All electrical instruments (clippers, vibrators, etc.),
after use
on a patron, must be;
17.1.8.1 thoroughly cleaned to remove foreign matter;
17.1.8.2 treated with an effective disinfectant registered by
the
Environmental Protection Agency (EPA) with demonstrated bactericidal,
fungicidal and virucidal activity and used according to manufacturer's
instructions.
17.1.8.3 stored until their next use in a manner which will prevent
recontamination.
17.1.9 When household bleach is used for disinfecting environmental
surfaces it shall be used in a 1:100 dilution (or 1/4 cup bleach
to a gallon of tap
water).
17.1.10 Personal Attire - barbers, hairdressers and cosmeticians,
manicurists and estheticians shall be properly attired in a clean
and easily washable
uniform and/or outer garment.
17.1.11 The use of a lancet or any other type of device to break
the skin
is prohibited.
17.1.12 The use of a straight edge multi-use razor is prohibited.
Only
single use (disposal) razors are acceptable and shall be properly
discarded after
each use.
17.1.13 The use of a razor blade callus shaver is prohibited.
17.1.14 The reuse of any depilatories and any paraffin wax which
has been
adhered to any part of a client's body is prohibited.
17.1.15 No persons shall bring any animal, fowl, reptile, etc.,
into or
permit any animal, fowl, reptile, etc., to be brought into, or
permit any
animal, fowl, reptile, etc., to remain in a shop. Trained dogs
accompanying
sightless or hearing impaired persons are exempted from this section.
Aquariums containing fish are allowed.
17.1.16 The multi use of cosmetics is prohibited. This includes
the use
of:
17.1.16.1 applicators, septic pencils which are not disposable;
17.1.16.2 multi-use of lipsticks, powder puffs and brushes;
17.1.16.3 curlers and such supplies in which hair strands cannot
be
easily removed or cleaned or sanitized; and
17.1.16.4 any such other equipment and supplies which the Division
may
determine inappropriate because of sanitary and safety reasons.
17.1.17 When only a portion of a cream, liquid, powder or other
cosmetic
preparation is to be removed from the container, it shall be removed
in such
a way as not to contaminate the remaining portion.
Section:
18.0 STRUCTURAL, AIR AND ENVIRONMENTAL REQUIREMENTS, EQUIPMENT
AND
SUPPLIES
18.1 A shop, place of business or establishment licensed to practice
hairdressing and cosmetic therapy, manicuring or esthetics must
meet the
following structural requirements:
18.1.1 the Fire Safety requirements of the State Fire Code;
18.1.2 the State Building Code Commission requirements;
18.1.3 the local zoning laws; and
18.1.4 Federal Occupational Safety and Health Administration
(OSHA)
standards for air contaminants as published in the Federal Register
CFR 1910.1000 "Air
Contaminants".
18.2 Furthermore, the following provisions must be maintained:
18.2.1 every salon must have an adequate supply of potable hot
and cold
water;
18.2.2 the floors must have washable floor coverings;
18.2.3 storage space must be provided to keep clean supplies
and linens
separate from soiled linens and supplies.
18.2.4 Each shop shall provide, on the premises or in the same
building,
adequate (in compliance with the state Plumbing Code) toilet and
lavatory
facilities. Toilet facilities and hand washing sinks shall be
kept clean and
sanitary without offensive odors and in working condition at all
times. Each
hand washing sink shall have a soap dispenser and disposable towels
or an
air dryer for hands.
18.3 An adequate amount of appropriate equipment, instruments
and
supplies consonant with the type of services provided, shall be
maintained on the
premises. In addition:
18.3.1 covered receptacles must be provided for debris;
18.3.2 containers and/or cabinets for clean supplies and soiled
towels
and/or articles;
18.3.3 clean and soiled supplies must be kept separately, e.g.
towels,
combs, brushes, etc.
18.3.4 All mechanical and electrical equipment shall be maintained
in a
safe and operating condition.
PART III INSPECTION, ADVERTISING AND PERMANENT MAKE-UP
Section:
19.0 INSPECTIONS
19.1 Any person duly authorized by the Division may enter any
shop, place
of business or establishment licensed under the provisions herein
during the
hours of operation or instruction, for the purpose of inspecting
the sanitary
conditions thereof and ascertaining compliance with the requirements
of the
Act and the regulations herein.
19.2 Failure or refusal of the person in charge of the shop,
place of
business or establishment to permit such inspection at all reasonable
times
shall be deemed sufficient cause for the revocation of any license
issued to
said shop, place of business or establishment.
Section:
20.0 ADVERTISING
20.1 No person or establishment licensed under the statutory
and
regulatory provisions herein shall advertise by written or spoken
words of a character
tending to deceive or mislead the public.
Section:
21.0 PERMANENT MAKE-UP
21.1 The implanting of pigment into the skin or "permanent
make-up" is prohibited by any person licensed under the Act
and these Rules and Regulations
unless such person is also licensed as a Tattoo Artist.
PART IV REVOCATION OR SUSPENSION, VIOLATIONS, SANCTIONS, PRACTICES
AND
PROCEDURES AND SEVERABILITY
Section:
22.0 REVOCATION OR SUSPENSION OF LICENSE, PERMIT OR CERTIFICATE
22.1 Any license, permit, certificate of approval or registration
issued
by the Division may be revoked or suspended by said division for
violation of
any provisions of the Act and the regulations herein. Furthermore
failure to
comply with the regulations herein, for failure to comply with
the prevailing
standards of practice, or for such other cause as said division
deems sufficient, may
be cause for the license, permit or certification of approval
or registration
to be denied, suspended or revoked, provided however that no such
license permit
or certificate of approval shall be so suspended or revoked without
having been
given ten (10) days notice in writing specifying the complaint
made and the
charges preferred against the accused and a reasonable opportunity
given
said accused to present evidence and testimony and to be represented
by counsel
at a hearing or hearings, to be held by said division upon said
complaint and
charges preferred against said accused.
Section:
23.0 RULES GOVERNING PRACTICES AND PROCEDURES
23.1 All hearings and reviews required under the provisions of
the Act
shall be held in accordance with requirements of the "Rules
and Regulations
Governing the Practices and Procedures Before the Rhode Island
Department of Health
(R42-35-PP)."
Section:
24.0 SEVERABILITY
24.1 If any provision of these rules and regulations or the application
thereof to any person or circumstance shall be held invalid, such
invalidity
shall not affect the provisions or application of the rules and
regulations
which can be given effect, and to this end the provisions of the
rules and
regulations are declared to be severable.
Department of Health
AS AMENDED November 1965, June 1970, June 1972, May 1973, December
1987,
April
1988, March 1991, December 1992, August 1995
WEIL'S CODE OF RHODE ISLAND RULES
Copyright (c) 1992-2002 Weil Publishing Co., Inc.
All rights reserved
*** THIS DOCUMENT IS CURRENT THROUGH THE MAY 2002 REVISION ***
AGENCY 14. DEPARTMENT OF HEALTH
SUB-AGENCY 140. PROFESSIONAL REGULATION DIVISION
CHAPTER 041. RULES AND REGULATIONS FOR THE REGISTRATION OF TATTOO
ARTISTS
AND
TATTOO PARLORS
14 140 041 Rules and Regulations for the Registration of Tattoo
Artists and
Tattoo Parlors
INTRODUCTION
These Rules and Regulations for the Registration of Tattoo Artists
and
Tattoo Parlors (R23-1-TAT) are promulgated pursuant to the authority
conferred
under section 23-1-39 of the General Laws of Rhode Island, as
amended, and are
established for the purpose of adopting minimum requirements for
the
registration of tattoo artists and tattoo parlors in this state.
In accordance with the provisions of section 42-35-3 of the General
Laws
of Rhode Island, as amended, in the development of the regulations,
consideration was given to: (1) alternative approaches to the
regulations; (2) duplication
or overlap with other state regulations; and (3) any significant
economic
impact on small business as defined in Chapter 42-35 of the General
Laws. Based on the
available information, no known alternative approach, duplication
or overlap
was identified. The health, safety and welfare of the public overrides
any
economic impact which may be incurred from these proposed regulations.
These amended rules and regulations shall supersede any other
rules and
regulations pertaining to tattoo artists and parlors promulgated
by the
Department of Health and filed with the Secretary of State.
TABLE OF CONTENTS
PART I Registration Requirements For Tattoo Artists
1.0 Definitions
2.0 Registration Requirements
3.0 Qualifications
4.0 Application and Registration Fee
5.0 Registration of Tattoo Artists
6.0 Issuance and Renewal of Registration and Fee
7.0 Tattooing Practice
8.0 Denial, Suspension or Revocation of Registration
9.0 Severability
PART II Registration Requirements For Tattoo Parlors/Shops
10.0 Administration
11.0 Registration Requirements
12.0 Application for Registration and Fee
13.0 Issuance and Renewal of Registration and Fee
14.0 Change of Ownership, Operation and/or Location
15.0 Inspections
16.0 General Operational Requirements
17.0 Retention of Records
18.0 Denial, Suspension or Revocation of Registration
19.0 Deficiencies and Plans of Correction
20.0 Variance
21.0 Severability
References
PART I REGISTRATION REQUIREMENTS FOR TATTOO ARTISTS
Section 1.0 Definitions
Wherever used in these rules and regulations, the terms listed
below
shall be construed as follows:
1.1 "Act" means section 23-1-39 of the General Laws
entitled "Tattooing."
1.2 "Communicable disease" means any disease caused
by an infectious
agent which may be transmitted directly or indirectly from one
individual to
another.
1.3 "Director" means the Director of the Rhode Island
Department of Health.
1.4 "Division" means the Division of Professional Regulation
at the Rhode
Island Department of Health.
1.5 "Person" means any individual, trust or estate,
partnership,
corporation (including but not limited to associations, joint
stock companies,) state,
or political subdivision or instrumentality of the state.
1.6 "Registration agency" means the Rhode Island Department
of Health.
"Registration agency" and "licensing agency"
are synonymous.
1.7 "Repigmentation" means recoloration of the skin
as a result of the
following:
a) dermabrasion, chemical peels, removal or resolution of birthmarks,
vitiligo or other skin conditions which result in the loss of
melanin to the
skin;
b) scars as a result of surgical procedures, such as cosmetic
facial
surgery, mole or wart removal, cauterization, etc.;
c) recoloration to burn grafts and other skin irregularities
as a result
of burns or photo-damage;
d) recreation of an areola or nipple, following mastectomy; or
e) irregularly pigmented skin which may require cheek blush or
other
blending of pigments into the skin to camouflage.
1.8 "Aseptic technique" means the practice of preventing
the transmission
of infectious agents into the human body by using standard aseptic
procedures.
1.9 "Tattoo" means to mark or color the skin by introduction
of non-toxic
dyes or pigments into the skin. For the purposes of these rules
and
regulations, "tattooing" includes cosmetic procedures
such as eye lining, lip lining, or
repigmentation, as defined herein.
1.10 "Tattoo artist" means an individual who is registered
in this state
to practice tattooing in accordance with the requirements herein.
1.11 "Tattoo parlor/shop" means any establishment operated
by any person
for the purpose of offering or conducting tattooing.
Section 2.0 Registration Requirements
2.1 Pursuant to section 23-1-39 of the Act, no person shall engage
in the
practice of tattooing or hold himself/herself as a tattoo artist
in this
state unless he/she is registered in this state under the statutory
and regulatory
provisions herein. Provided, that physicians duly licensed to
practice
medicine in the state of Rhode Island under the provisions of
Chapter 5-37 of the
Rhode Island General Laws, as amended, shall be exempt from this
registration
requirement. However, a physician engaged in the practice of tattooing
in
his/her private office shall be required to register the site
as a tattoo
parlor/shop and meet the requirements of Part II of the rules
and regulations
herein.
Section 3.0 Qualifications
3.1 Any applicant seeking registration in this state must:
a) be over 18 years of age;
b) be of good moral character; and
c) demonstrate knowledge of aseptic tattooing technique via inspection,
as indicated in section 5.0.
Section 4.0 Application & Registration Fee
4.1 Application for registration shall be made on forms provided
by the
Division of Professional Regulation, Rhode Island Department of
Health,
including a request for inspection form, which shall be completed
and
submitted to the Division. Such application shall be accompanied
by the following
documents:
a) For U.S citizens: a certified copy of birth certificate;
For non-U.S citizens: proof of lawful entry into the United States
and
proof of lawful eligibility for employment in the United States;
b) A registration fee of fifty dollars ($ 50.00) made payable
by cash,
check or money order to the General Treasurer, state of Rhode
Island;
c) A recent identification photograph of the applicant, head
and
shoulders, front view, approximately 2 x 3 inches in size; and,
d) A completed "Inspection Request" form. Said inspection
will be
completed within ninety (90) days of application.
4.2 Any applicant who has not previously been issued a registration
by
the Department will be required to submit to a technique inspection,
as set
forth in section 5.0, before a registration shall be issued.
Section 5.0 Registration of Tattoo Artists
5.1 By Examination
Applicants seeking registration as a tattoo artist shall be required
to
demonstrate aseptic tattooing technique via an examination administered
by
the Department, to test the applicant's fitness to engage in the
practice of
tattooing. Such examination shall test the applicant's knowledge
and
practices of infection control and such other areas as may be
deemed necessary, and
shall be administered upon completion and review of the application.
a) Applicants who have not satisfactorily met the application
requirements herein relating to the examination described above
will be given two (2)
additional opportunities to demonstrate tattooing technique. Failure
to meet
all technique requirements will result in denial of registration.
b) Applicants wishing to reapply for registration may do so after
a six
(6) month waiting period between attempts at the examination.
Section 6.0 Issuance & Renewal of Registration & Fee
6.1 The Director shall issue to applicants who have satisfactorily
met
the application and examination requirements herein, a registration
to practice
tattooing in the state. This registration, unless sooner suspended
or
revoked, shall expire on December 31st of each year.
6.2 On or before the first day of November in each year, an application
for renewal of registration shall be mailed to every person to
whom a
registration has been issued during the current year.
Every person so registered who desires to renew his/her registration
shall file with the Division:
a) Such renewal application, completed and signed by the applicant;
and,
b) The fee of fifty dollars ($ 50) made payable by cash, check
or money
order to the General Treasurer, state of Rhode Island.
6.3 Lapsed Registration
a) Any registrant who allows the registration to lapse may have
same
reinstated by submitting to the registration agency, an application
and
accompanying documents, as required in section 4.0 herein.
b) Any registrant whose registration lapses for two (2) or more
years
shall be required to submit to the practical examination of aseptic
tattooing
technique administered by the Department.
Section 7.0 Tattooing Practice
7.1 A registered tattoo artist shall maintain sanitary and safe
practice
in accordance with prevailing standards contained herein.
7.2 Dyes, Pigments, and Stencils:
a) All dyes and pigments shall be manufactured for the purpose
of
tattooing and used according to the manufacturer's specifications.
b) In preparing dyes or pigments, non-toxic materials shall be
used.
c) Single-use, sterile, individual containers for dyes or pigments
shall
be used for each patron.
d) The stencil, unless composed of acetate, shall be used for
a single
tattoo procedure only. Acetate stencils may be disinfected and
re-used.
7.3 Tattoo Procedures:
A tattoo artist shall conduct his/her tattooing practice so as
to prevent
the transmission of communicable diseases from client to client
and from artist
to client. Tattoo artists shall maintain at least the following
minimum
standards in the practice of tattooing:
a) The area of the body to be tattooed, and all parts of the
body which
are visible, shall be examined for signs of intravenous drug use,
open sores,
lesions, oozing wounds, and skin diseases. If such are found,
or suspected,
the person shall not be tattooed.
b) Each tattoo artist shall wear a clean outer garment. If the
garment is
visibly contaminated with blood, it shall be changed between clients.
c) Before working on each client, each tattoo artist shall clean
his/her
own fingernails with a brush and shall thoroughly wash and scrub
hands with hot
running water, using germicidal soap from a dispenser. Hands must
also be
washed after each rest room use, before putting on gloves and
after taking off
gloves.
7.4 Tattoo Materials:
a) All materials necessary for the tattooing process shall be
set up on a
single-use disposable sterile cloth (e.g., polycloth). All
autoclaved/sterile packs shall be opened ready for use without
touching the interior of the
pack. Single-use or collapsible tubes shall be used for lubricants.
b) Any shaving shall be done with a single use razor blade or
razor.
c) The skin shall be prepared first by thoroughly soaping with
an
antiseptic soap and rinsing with tap water. Following this cleansing,
a germicidal
solution (such as 70% isopropyl alcohol) shall be applied to the
skin using a sterile
swab.
d) Stencil transfer medium shall be applied (if applicable) using
sterile
swabs and prepared clean stencil shall be applied to the skin.
e) After applying the stencil, the tattoo artist shall remove
and discard
gloves and again wash and scrub his/her hands with soap and water
and dry
hands using paper towels.
f) Prior to commencing application of the tattoo, the tattoo
artist shall
then put on sterile gloves, which shall be used for a single tattooing
procedure only.
g) If there is a need to rinse the tube and needle between colors,
this
shall be done with ninety-one percent (91%) isopropyl alcohol
or sterile water in
sterile single-use disposable containers or non-disposable sterilized
containers.
h) As the tattoo operation progresses, any excess dye or pigment
applied
to the skin shall be removed with sterile, lint-free material.
i) The tattoo shall be allowed to dry. After drying, a sterile
lubricant
shall be applied from a collapsible metal or plastic tube, and
the entire
area covered with a piece of sterile gauze.
j) Needles shall be immediately deposited into a puncture-resistant
infectious waste sharps container. Needles shall not be reused.
k) All used needles and any blood soaked material shall be handled
and
discarded according to the Rules and Regulations Governing the
Generation,
Transportation, Storage, Treatment, Management and Disposal of
Regulated
Medical Waste (DEM-DAH-MW-01-92) of reference 1. All other material
shall be
discarded appropriately.
l) All tubes and line bars must be rinsed with tap water and
then placed
in a germicidal solution (e.g., Cidex) or directly into an ultrasonic
cleaner.
m) Sterile gloves shall be removed and discarded in accordance
with the
requirements of the Rules and Regulations Governing the Generation,
Transportation, Storage, Treatment. Management and Disposal of
Regulated
Medical Waste (DEM-DAH-MW-01-92) of reference 1.
n) Immediately after tattooing, the tattoo artist shall advise
the
patron--both verbally and in writing--on the care of the tattoo
and shall
instruct the patron to consult a physician at the first sign of
infection
(such as excessive pain, redness, swelling, or discharge) in the
area of the
tattoo.
o) All work surfaces and non-autoclaved equipment (e.g., tattoo
machine
and pliers) used in the tattoo process shall be cleaned with an
EPA-approved
bactericidal, virucidal, fungicidal, tuberculocidal surface disinfectant/decontaminant
cleaner between clients. Gloves shall be used in the cleaning
process. Subsequently, the artist shall wash his/her hands with
a germicidal soap after cleaning work surfaces and equipment.
p) After tattooing, the remaining unused dye or pigment shall
be
discarded in accordance with the requirements of the Rules and
Regulations Governing the
Generation, Transportation, Storage, Treatment, Management and
Disposal of
Regulated Medical Waste (DEM-DAH-MW-01-92) of reference 1. Non-disposable
individual containers shall be resterilized, according to specifications
in section 7.7 herein.
7.5 Tattoo Equipment:
a) A set of individual, single-use sterilized needle bars shall
be used
for each new patron. Before each use, the open end of the needle
tube of the
tattooing machine shall be cleaned and sterilized in an approved
manner as
set forth in 7.6 below.
b) The needle tubes shall be cleaned by use of an ultrasonic
cleaner and
sterilizer. Immersion time for all equipment shall be five (5)
minutes.
Ultrasonic cleaning tank detergent shall be changed daily. The
tank shall be
scrubbed thoroughly with a ninety-one percent (91%) solution of
isopropyl
alcohol between detergent changes.
c) Adequate numbers of sterilized needles and tubes shall be
on hand for
each operator for the entire day or night operation, based on
the average number
of clients per day. Failure to maintain an adequate number of
sterilized
needles and tubes shall require the artist to cease operations
until such time as an
adequate number becomes available.
d) All items of equipment which may be touched during the tattoo
process
such as clip cords, machine heads, spray bottles, etc., shall
be capable of being
sheathed easily with a disposable impervious covering.
e) Storage cabinets shall be maintained in a sanitary condition
and all
instruments, dyes, pigments, stencils and other equipment, when
not in use,
shall be stored in an orderly manner.
7.6 Sterilization:
a) Sterilizing of instruments:
Operational sterilizers shall be available in each tattoo parlor.
All
needle bars, grips and needle tubes shall be sterilized after
each use by autoclaving
under fifteen (15) pounds of pressure for twenty (20) minutes.
Autoclave
temperature shall not be less than two hundred seventy-three (273
[degrees])
degrees Fahrenheit or one hundred thirty-six (136 [degrees]) degrees
Celsius, or according to manufacturer's specifications.
b) Autoclave units shall be checked monthly, using a standard
spore test,
with results maintained on file for inspection. Autoclave units
shall be
maintained in accordance with manufacturer's specifications. Records
of said
monthly checks shall be maintained for a minimum of two (2) years.
i) A log book shall be maintained for the results of said monthly
inspections and shall include no less than the following items:
date of inspection,
results of inspection, and the signature of the tattoo artist
who conducted the
inspection.
c) The sterilizing date shall be noted, and evidence of sterilization
shall be demonstrated by color indicator or equivalent. Packs
shall be used within
thirty (30) days or resterilized.
7.7 Restrictions:
7.7.1 Chapter 11-9-15 of the General Laws, entitled "Tattooing
of
Minors", prohibits the tattooing of minors (persons under
the age of eighteen [18])
in this state.
Section 8.0 Denial, Suspension or Revocation of Registration
8.1 The Director is authorized to deny an application, or revoke
a
registration for cause (e.g., conviction of crimes) or for failure
of an
applicant or registrant to comply with the provisions of these
rules and
regulations.
8.2 Whenever an action shall be proposed to deny an application,
or
suspend a registration, the Director shall notify the person by
registered mail
setting forth the reason(s) for the proposed action.
8.3 The applicant or registrant shall be given an opportunity
for a
prompt and fair hearing in accordance with the provisions of Chapter
42-35 of the
General Laws of Rhode Island, as amended, and the Rules and Regulations
of
the Rhode Island Department of Health Regarding Practices and
Procedures Before
the Department of Health and Access to Public Records of the Department
of
Health (R42-35-PP).
8.4 If it is determined that a person is violating any provisions
of the
rules and regulations herein, the Director may issue an order
to ensure
compliance in accordance with the provisions of sections 23-1-20
through
23-1-25 of the Rhode Island General Laws, as amended.
Section 9.0 Severability
9.1 If any provision of these rules and regulations or the application
thereof to any individual, facility or circumstance shall be held
invalid,
such invalidity shall not affect the provisions or application
of the rules and
regulations which can be given effect, and to this end the provisions
of the
regulations are declared to be severable.
PART II REGISTRATION REQUIREMENTS FOR TATTOO PARLORS/SHOPS
Section 10.0 Administration
10.1 The Department of Health shall be responsible for the administrative
functions required to implement the provisions of section 23-1-39
of the
General Laws of Rhode Island, as amended, and the rules and regulations
herein, as
they apply to the registering of tattoo parlors/shops.
Section 11.0 Registration Requirements
11.1 No person, acting severally or jointly with any other person,
shall
conduct, maintain, or operate a tattoo parlor/shop in the state
without a
registration issued by the registration agency.
11.2 No person, firm, partnership or corporation shall describe
its
services in any manner under the title "Tattoo" unless
such services as defined
herein are performed in a parlor/shop that is registered with
the Department of
Health in accordance with the provisions of the rules and regulations
for
registering of tattoo parlors/shops.
Section 12.0 Application for Registration & Fee
12.1 Application for a registration to conduct, maintain, or
operate a
tattoo parlor/shop shall be made in writing on forms provided
by the Division of
Facilities Regulation and shall be submitted at least ninety (90)
days prior
to the opening of the tattoo parlor/shop.
12.2 The application for registration shall include:
a) the address of the place of business;
b) the address of the owner and/or manager;
c) the name of the manager who shall be registered with the Rhode
Island
Department of Health;
d) written documentation that the owner and/or manager is at
least
eighteen (18) years of age;
e) criminal convictions of the corporation, owner and/or manager,
if any,
except minor traffic violations;
f) a list of all owners and partners;
g) a list of owners holding fifty percent (50%) or more stock;
h) the fee of fifty dollars ($ 50.00) made payable by cash, check
or
money order to the General Treasurer, state of Rhode Island;
i) a list of all equipment;
j) a floor plan of the tattoo parlor/shop;
k) appropriate certificates of compliance with all applicable
local and
state codes;
l) written operating policies and procedures pertaining to such
matters
as hours of business operation, nature of services, sanitation,
and safety
procedures established for the protection of patrons and employees.
Section 13.0 Issuance & Renewal of Registration & Fee
13.1 Upon approval, the Division of Facilities Regulation shall
issue a
registration. Said registration, unless sooner suspended or revoked,
shall
expire by limitation on December 31st, following its issuance
and may be
renewed from year to year after inspection and/or approval by
the registration
agency, provided the applicant meets the appropriate statutory
and regulatory
requirements herein.
13.2 A registration shall be issued only to a specific applicant
for a
specific location, and shall not be transferable.
13.3 The annual registration renewal fee of fifty dollars ($
50.00) made
payable by cash, check or money order to the General Treasurer,
state of
Rhode Island, shall accompany the application for the annual license
renewal.
13.4 Any registrant who allows the registration to lapse may
have the
same reinstated by submitting an application, the accompanying
documents, the fee
as required in section 12.0 herein and other such documentation
as deemed
appropriate.
Section 14.0 Change of Ownership, Operation and/or Location
14.1 When a change of ownership, operation, location, or discontinuation
of business of a tattoo parlor/shop is contemplated, the owner
and/or manager
shall notify the registration agency in writing prior to the proposed
action.
14.2 When there is a change in ownership, or in the operation
or control
of a registered tattoo parlor/shop, the registration shall immediately
become
void and shall be returned to the registration agency. However,
the registration
agency reserves the right to extend the expiration date of such
registration, allowing the facility to operate under the same
conditions which applied to
the prior registrant for such time as shall be required for the
processing of a
new application, but not to exceed thirty (30) days.
Section 15.0 Inspections
15.1 Duly authorized representatives of the registration agency
shall, at
all reasonable times, have the authority to enter upon any and
all parts of the
premises on which any tattoo parlor/shop is located (and of the
premises
appurtenant thereto) to make any investigation or inspection to
determine
conformity with the statutory and regulatory provisions herein.
15.2 Refusal to permit inspection or investigation shall constitute
valid
grounds for registration denial or revocation.
15.3 Applicants who have not satisfactorily met the requirements
herein
related to the inspection described above will be given one (1)
additional
facility inspection. Failure to meet all requirements will result
in denial
of registration.
a) Applicants wishing to reapply for registration may do so after
a one
(1) year waiting period.
Section 16.0 General Operational Requirements
16.1 Personnel
a) Each facility shall submit to the registration agency the
name of the
owner and/or manager who shall be responsible for:
i) The management and control of the operation and the maintenance
of the
facility;
ii) The facility's conformity with state and local laws and regulations
pertaining to fire, safety, building sanitation, personnel and
other relevant statutory and regulatory provisions; and,
iii) The establishment of policies and procedures, including
but not
limited to, the practice of tattooing, sanitation protocols, infection
control, the nature of services provided and other such policies
and procedures as may be required.
b) Persons engaged in the practice of tattooing shall comply
with the
Occupational Safety and Health Administration's (OSHA) Blood Borne
Pathogen
Standards of reference 4 in order to protect themselves (and any
employees)
against occupational exposure to bloodborne pathogens. Compliance
shall
include, but not be limited to:
i) a written exposure control plan;
ii) staff training;
ii) engineering and work practice controls;
iv) adoption of universal precautions;
v) personal protective equipment;
vi) hepatitis B vaccinations; and,
vii) a protocol for evaluation in the event that an exposure
occurs.
c) Only individuals who hold current Rhode Island registration
as a
tattoo artist or a duly licensed physician shall practice tattooing
and use the
title "tattoo artist" in accordance with the regulatory
provisions of the rules
and regulations herein.
d) If the owner and/or manager of a facility is not a registered
tattoo
artist, a registered tattoo artist shall be designated as the
agent of the
manager and/or owner, responsible for the direct supervision of
all
personnel and services related to the practice of tattooing. The
name of said
designated individual shall be submitted to the registration agency.
16.2 Environment & Maintenance
Each tattoo parlor/shop shall be required to meet the following
provisions:
a) The facility shall be maintained in a sanitary condition free
from
hazards.
b) All walls, ceilings, and floors shall be smooth and easily
cleanable
and have a non-absorbent surface. There shall be no carpeting
in the tattooing
area. Walls and ceilings are to be painted in a light color. Walls,
ceilings and
floors shall be kept clean and in good repair, free from dust
and debris.
Floors, walls or ceilings shall not be swept or cleaned while
tattooing is
being performed.
c) Adequate light and ventilation shall be provided.
d) Each tattoo parlor/shop shall contain a hand sink in the tattooing
area for the exclusive use of the tattoo artist. The sink shall
have hot and cold
running water. At the sink, there shall also be available: a soap
dispenser,
disposable towels and refuse containers.
i) In facilities in which there are multiple tattooing workstations,
there shall be a minimum of one sink per every two workstations.
Each sink shall
meet the requirements of section 16.2(d) above.
e) Toilets and hand-washing facilities shall be provided in convenient
locations in conformity with the Rhode Island State Building Code
of
reference 2.
f) All work surfaces shall be smooth, non-porous and easily cleanable.
g) The facility shall be arranged so that work areas are separated
from
waiting customers by providing a separate room for tattooing or
by providing
at least ten (10) feet between work areas and partitioning the
areas with
panels (or other barriers) at least six (6) feet high. The panel
may be constructed
of solid opaque plastic or similar material.
h) Equipment and supplies shall be properly stored in designated
storage
cabinets.
i) No smoking, eating or drinking shall be permitted in the tattooing
area.
16.3 Waste Disposal
Medical waste shall be managed in accordance with the Rules and
Regulations Governing the Generation, Transportation, Storage,
Treatment, Management and
Disposal of Regulated Medical Waste (DEM-DAH-MW-01-92) of reference
1.
Section 17.0 Retention of Records
17.1 The owner of a tattooing parlor/shop shall maintain proper
records
for each patron. A record of each patron shall include:
a) the date on which he/she was tattooed;
b) his/her name, address, telephone number and age;
i) photo identification as proof of age (e.g., driver's license,
military
identification), a copy of which shall be maintained for each
patron;
c) the location and design of the tattoo; and,
d) the name of the tattoo artist.
17.2 These records shall be permanently entered in a book with
pre-numbered pages, kept solely for this purpose. Records that
cannot be physically
stored in this pre-numbered book (e.g., copies of proof of age
as required in section
17.1(b)(i) above) may be stored elsewhere in the facility. These
records
shall be available for inspection by the Department of Health.
These records shall
be maintained for a minimum of five (5) years after the date on
which the
patron was tattooed.
Section 18.0 Denial, Suspension or Revocation of Registration
18.1 The Director is authorized to deny an application, revoke
or suspend
a registration for failure of an applicant or registrant to comply
with the
provisions of the rules and regulations herein.
18.2 Whenever an action shall be proposed to deny an application,
revoke
or suspend a registration, the Director shall notify the person
by certified
mail, setting forth the reason(s) for the proposed action.
18.3 The applicant or registrant shall be given an opportunity
for a
prompt and fair hearing in accordance with the provisions of Chapter
42-35 of the
General Laws of Rhode Island, as amended, and the Rules and Regulations
of
the Rhode Island Department of Health Regarding Practices and
Procedures Before
the Department of Health and Access to Public Records of the Department
of
Health (R42-35-PP).
18.4 If it is determined that a person is violating any provisions
of the
rules and regulations herein, the Director may issue an order
to secure
compliance in accordance with the provisions of sections 23-1-20
through
23-1-25 of the Rhode Island General Laws, as amended.
Section 19.0 Deficiencies & Plans of Correction
19.1 The licensing agency shall notify the governing body or
other legal
authority of a facility of violations of these rules and regulations
through
a notice of deficiencies which shall be forwarded to the facility
within
fifteen (15) days of inspection of the facility. If the Director
determines that
immediate action is necessary to protect the health, welfare,
or safety of
the public, she/he may issue an immediate compliance order in
accordance with
section 23-1-21 of the General Laws of Rhode Island, as amended.
19.2 A facility that has received a notice of deficiencies shall
submit a
plan of correction to the licensing agency within fifteen (15)
days of the
date of the notice of deficiencies. The plan of correction shall
detail any
requests for variances as well as document the reasons therefore.
19.3 The licensing agency shall be required to approve or reject
the plan
of correction submitted by a facility in accordance with section
19.2 (above)
within fifteen (15) days of receipt of the plan of correction.
19.4 If the licensing agency rejects the plan of correction,
or if the
facility does not provide a plan of correction within the fifteen
(15) day
period stipulated in section 19.2 above, or if a facility whose
plan of
correction has been approved by the licensing agency fails to
execute its
plan within a reasonable time, the licensing agency may invoke
the sanctions
referenced in section 18.0 herein.
19.5 If the facility is aggrieved by the sanctions of the licensing
agency, the facility may appeal the decision and request a hearing
in accordance
with the provisions of Chapter 42-35 of the General Laws, as amended,
and the
Rules and Regulations of the Rhode Island Department of Health
Regarding Practices
and Procedures Before the Department of Health and Access to Public
Records of
the Department of Health (R42-35-PP).
Section 20.0 Variance Procedures
20.1 The licensing agency may grant a variance either upon its
own motion
or upon request of the applicant from the provisions of any rule
or regulation
in a specific case if it finds that a literal enforcement of such
provision will
result in unnecessary hardship to the applicant and that such
a variance
will not be contrary to the public interest, public health and/or
health and
safety of clients.
20.2 A request for a variance shall be filed by an applicant
in writing,
setting forth in detail the basis upon which the request is made.
20.2.1 Upon the filing of each request for variance with the
licensing
agency, and within thirty (30) days thereafter, the licensing
agency shall
notify the applicant by certified mail of its approval or in the
case of a
denial, a hearing date, time and place may be scheduled if the
facility
appeals the denial and in accordance with the provisions of section
19.0 herein.
Section 21.0 Severability
21.1 If any provision of these rules and regulations or the application
thereof to any individual, facility or circumstance shall be held
invalid,
such invalidity shall not affect the provisions or application
of the rules and
regulations which can be given effect, and to this end, the provisions
of
the regulations are declared to be severable.
REFERENCES
1. Rules and Regulations Governing the Generation, Transportation,
Storage, Treatment, Management and Disposal of Regulated Medical
Waste in Rhode
Island (DEM-DAH-MW-01-92), Rhode Island Department of Environmental
Management,
April 1994.
2. The Rhode Island State Building Code, Chapter 23-27.3 of the
Rhode
Island General Laws, as amended.
3. Rules and Regulations of the Rhode Island Department of Health
Regarding Practices and Procedures Before the Department of Health
and Access to
Public Records of the Department of Health (R42-35-PP), Rhode
Island Department of
Health, May 1997.
4. Blood Borne Pathogens, Occupational Safety and Health Administration
(OSHA), 29 Code of Federal Regulations Part 1910--1000 to end,
section
1910.1030, pp. 316--326, July 1, 1994.
R.I.G.L. @ 23-1-39
Effective Date: October 1990
Amended: April 1992,
December 1993,
July 13, 1999
WEIL'S CODE OF RHODE ISLAND RULES
CHAPTER 054. RULES AND REGULATIONS FOR THE REGISTRATION OF BODY
PIERCING
TECHNICIANS AND BODY PIERCING ESTABLISHMENTS
14 140 054 Rules and Regulations for the Registration of Body
Piercing
Technicians and Body Piercing Establishments
INTRODUCTION
These Rules and Regulations for the Registration of Body Piercing
Technicians and Body Piercing Establishments (R23-1-BOD) are promulgated
pursuant to the
authority conferred under section 23-1-39 of the General Laws
of Rhode
Island, as amended, and are established for the purpose of adopting
minimum
requirements for the registration of body piercing technicians
and body piercing
establishments in this state. In accordance with the provisions
of section
42-35-3 of the General Laws of Rhode Island, as amended, in the
development
of the regulations, consideration was given to: (1) alternative
approaches to
the regulations; (2) duplication or overlap with other state regulations;
and
(3) any significant economic impact on small business as defined
in Chapter
42-35 of the General Laws. Based on the available information,
no known alternative
approach, duplication or overlap was identified. The health, safety
and
welfare of the public overrides any economic impact which may
be incurred from these
proposed regulations.
TABLE OF CONTENTS
PART I Registration Requirements For Body Piercing Technicians
1.0 Definitions
2.0 Registration Requirements
3.0 Qualifications
4.0 Application and Registration Fee
5.0 Issuance and Renewal of Registration and Fee
6.0 Body Piercing Practice
7.0 Denial, Suspension or Revocation of Registration
PART II Registration Requirements For Body Piercing Establishments
8.0 Administration
9.0 Registration Requirements
10.0 Application for Registration and Fee
11.0 Issuance and Renewal of Registration and Fee
12.0 Change of Ownership, Operation and/or Location
13.0 Inspections
14.0 General Operational Requirements
15.0 Retention of Records
16.0 Denial, Suspension or Revocation of Registration
17.0 Deficiencies and Plans of Correction
18.0 Variance
19.0 Severability
References
PART I REGISTRATION REQUIREMENTS FOR BODY PIERCING TECHNICIANS
Section 1.0 Definitions
Wherever used in these rules and regulations, the terms listed
below
shall be construed as follows:
1.1 "Act" means section 23-1-39 of the General Laws
entitled "Tattooing/
and/or Body Piercing."
1.2 "Aseptic technique" means the practice of preventing
the transmission
of infectious agents into the human body by using standard aseptic
procedures.
1.3 "Body piercing" means the act of penetrating the
skin, excluding the
earlobes, to make, generally permanent in nature, a hole or mark.
1.4 "Body piercing establishment" means any establishment
operated by any
person for the purpose of offering or conducting body piercing.
1.5 "Body piercing technician" means an individual
who is registered in
this state to practice body piercing in accordance with the requirements
herein.
1.6 "Communicable disease" means any disease caused
by an infectious
agent which may be transmitted directly or indirectly from one
individual to
another.
1.7 "Director" means the Director of the Rhode Island
Department of
Health.
1.8 "Division" means the Division of Professional Regulation
at the Rhode
Island Department of Health.
1.9 "Instruments" means body piercing equipment. Such
equipment includes,
but is not limited to, piercing needles, forceps, hemostats, tweezers,
or other
implements used to pierce, puncture, or be inserted into any part
of the
human body for the intended purpose of making a permanent hole.
Such equipment
also includes studs, hoops, rings or other decorative jewelry,
materials or
apparatuses inserted into any part of the human body for the intended
purpose of placement in the hole resulting from piercing.
1.10 "Jewelry" means any personal ornament inserted
into a pierced area.
1.11 "Needle" means the implement used to pierce or
puncture a hole in
any part of the human body.
1.12 "Permanent hole" means a hole produced by piercing
or puncturing any
part of the human body, with instruments intended to leave an
opening in
body tissue(s) into which an appropriate device or apparatus may
be inserted.
Permanent hole would include any body part newly pierced or punctured
which
is undergoing a healing process; and, any piercing whether or
not removal of a
device or apparatus from the perforation would result in fusing
or healing
of the tissue or skin structures.
1.13 "Person" means any individual, trust or estate,
partnership,
corporation (including but not limited to associations, joint
stock companies,) state,
or political subdivision or instrumentality of the state.
1.14 "Registration agency" means the Rhode Island Department
of Health.
"Registration agency" and "licensing agency"
are synonymous.
1.15 "Sharps" means any object that can penetrate the
skin, including but
not limited to, needles, scalpel blades, lancets, glass tubes
that could be
broken during handling that have been removed from their original
sterile
containers.
1.16 "Sterilization" means the use of procedures that
destroy all
microbial life, including viruses, on the equipment or device.
1.17 "Universal precautions" means a set of guidelines
and controls,
published by the Centers for Disease Control (CDC) that outline
certain
practices that health care workers should employ in order to prevent
parenteral, mucous-membrane, and no intact skin exposure to blood
borne pathogens. The
method of infection control requires the employer and employee
to assume
that all human blood and specified human body fluids are infectious
for HIV, HBV,
and other blood borne pathogens. Precautions include: handwashing,
gloving,
personal protective equipment, injury prevention, proper handling
and disposal of
needles and other sharp instruments and blood and body fluid contaminated
products.
Section 2.0 Registration Requirements
2.1 Pursuant to section 23-1-39 of the Act, no person shall engage
in the
practice of body piercing or hold himself/herself as a body piercing
technician in this state unless he/she is registered in this state
under the statutory
and regulatory provisions herein. Provided, that physicians duly
licensed to
practice medicine in the state of Rhode Island under the provisions
of
Chapter 5-37 of the Rhode Island General Laws, as amended, shall
be exempt from this
registration requirement. However, a physician engaged in the
practice of
body piercing in his/her private office shall be required to register
the site as
a body piercing establishment and meet the requirements of Part
II of the
rules and regulations herein. Nothing in these regulations shall
be construed to
alter the scope of practice of any licensed health care practitioner
otherwise
defined by rule or statute.
Section 3.0 Qualifications
3.1 Any applicant seeking registration in this state must:
a) be over 18 years of age;
b) be of good moral character; and
c) demonstrate knowledge of body piercing techniques or procedures,
based
upon the requirements of section 6.0 herein.
3.2 Applicants who have not satisfactorily met the registration
requirements stated in section 3.1 (above) shall be given two
(2) additional
opportunities to demonstrate body piercing technique. Failure
to meet all technique
requirements will result in denial of registration.
Section 4.0 Application & Registration Fee
4.1 Application for registration shall be made on forms provided
by the
Division of Professional Regulation, Rhode Island Department of
Health,
which shall be completed and submitted to the Division. Such application
shall be
accompanied by the following documents:
a) For U.S. citizens: a certified copy of birth certificate;
For non-U.S. citizens: proof of lawful entry into the United
States;
b) A registration fee of fifty dollars ($ 50.00) made payable
by cash,
check or money order to the General Treasurer, state of Rhode
Island; and,
c) A recent identification photograph of the applicant, head
and
shoulders, front view, approximately 2 x 3 inches in size.
Section 5.0 Issuance & Renewal of Registration & Fee
5.1 The Director shall issue to applicants who have satisfactorily
met
the application and qualification requirements herein, a registration
to
practice body piercing in the state. This registration, unless
sooner suspended or
revoked, shall expire on December 31 st of each year.
5.2 On or before the first day of November in each year, an application
for renewal of registration shall be mailed to every person to
whom a
registration has been issued during the current year.
Every person so registered who desires to renew his/her registration
shall file with the Division:
a) Such renewal application, completed and signed by the applicant;
and,
b) The fee of fifty dollars ($ 50) made payable by cash, check
or money
order to the General Treasurer, state of Rhode Island.
5.3 Lapsed Registration
a) Any registrant who allows the registration to lapse for less
than two
(2) years may have same reinstated by submitting to the registration
agency the
fee and application as required in sections 5.2(a)(b) herein.
b) Any registrant whose registration lapses for two (2) or more
years
shall be required to submit to the demonstration of aseptic body
piercing
technique described in section 3.1 herein.
Section 6.0 Body Piercing Practice
6.1 A registered body piercing technician shall maintain sanitary
and
safe practice in accordance with prevailing standards and the
regulations herein.
6.2 Body Piercing Procedures:
A body piercing technician shall conduct his/her body piercing
practice
so as to prevent the transmission of communicable diseases from
client to client,
technician to client, and client to technician. Body piercing
technicians
shall maintain at least the following minimum standards in the
practice of body
piercing:
a) Immediately before and after body piercing, the body piercing
technician shall advise the client--both verbally and in writing--on
the proper care of
the body piercing site and shall instruct the client to consult
a physician at
the first sign of infection (such as excessive pain, redness,
swelling, or
discharge) in the area of the body piercing.
i) A signed copy of the aftercare sheet shall be retained by
the body
piercing technician.
b) The area of the body to be pierced, and all parts of the body
which
are visible, shall be examined for signs of intravenous drug use,
open sores,
lesions, oozing wounds, and skin diseases. If such are found,
or suspected,
the person shall not be pierced.
c) At a minimum, the skin shall be prepared first by thoroughly
cleansing
it with an antiseptic soap or seventy percent (70%) isopropyl
alcohol.
Following this cleaning, a betadine solution or surgical scrub
(i.e., hibiclens for
the iodine sensitive) shall be applied to the skin using a sterile
swab. Surface
contact time shall be a minimum of one (1) minute.
Following the drying time, the residue shall be removed by utilizing
a
sterile swab in a circular motion beginning at the piercing site.
Following
the removal of any residue, the area of the skin that is to be
pierced shall be
marked by a single use sterile skin skribe. After the piercing.
the skin
shall be thoroughly cleaned with an antiseptic solution.
d) Only jewelry that is made of surgical stainless steel of at
least 316L
grade quality, solid gold of at least 14K weight, niobium, titanium,
platinum, and/or only rings with rounded edges, shall be used
in body piercing.
Invoices from jewelry manufacturers and/or distributors shall
be available for
inspection upon request.
e) Needles and other sharps shall be immediately deposited into
a
puncture-resistant infectious waste sharps container. Needles
shall not be
reused.
f) All needles and any blood soaked material shall be handled
and
discarded according to the Rules and Regulations Governing the
Generation,
Transportation, Storage, Treatment, Management and Disposal of
Regulated Medical Waste
(DEM-DAH-MW-01-92) of reference 1. All other material shall be
discarded
appropriately.
g) Each body piercing technician shall wear a clean outer garment.
If the
garment is visibly contaminated with blood, it shall be changed
between clients.
h) Before working on each client, each body piercing technician
shall
clean his/her own fingernails with a brush and shall thoroughly
wash and scrub
hands with hot running water, using germicidal soap from a dispenser.
Hands must
also be washed after each rest room use, before putting on gloves
and after
taking off gloves.
i) Non-sterile gloves may be used for body piercing preparations.
Prior
to commencing the body piercing, the body piercing technician
shall put on
sterile gloves, which shall be used for a single body piercing
procedure only.
Sterile gloves shall be removed and discarded in accordance with
the requirements of
the Rules and Regulations Governing the Generation, Transportation,
Storage,
Treatment, Management and Disposal of Regulated Medical Waste
(DEM-DAH-MW-01-92) of reference 1.
j) Technicians shall wear eye goggles, shields, and/or a mask
if blood or
saliva spattering is likely to occur while providing services.
k) All work surfaces and non-autoclaved equipment used in the
body
piercing process shall be cleaned with an EPA-approved bactericidal,
virucidal,
fungicidal, tuberculocidal surface disinfectant/decontaminant
cleaner
between clients. Gloves shall be used in the cleaning process.
Subsequently, the
body piercing technician shall wash his/her hands with a germicidal
soap after
cleaning work surfaces and equipment.
6.3 Body Piercing Equipment:
a) All tools used in the piercing process (e.g., ring openers/closers,
forceps, clamps, needle pushers, receiver tubes) shall be cleaned
utilizing
an ultrasonic cleaner. Immersion time for all equipment shall
be five (5)
minutes. Ultrasonic cleaning tank detergent shall be changed daily.
An ultrasonic
cleaning tank shall be scrubbed thoroughly with isopropyl alcohol
between
detergent changes.
b) Body piercing technicians shall properly sterilize all instruments
that pierce the skin, that directly aid in piercing the skin,
or that may come in
contact with instruments that pierce the skin, through such means
as storage
in trays with other instruments or contact with forceps, in accordance
with the
sterilization procedures described below.
c) Body piercing technicians shall disinfect all equipment indirectly
used in body piercing, including any beds, tables, headrests,
armrests, legrests, or
handrails.
d) Storage cabinets shall be maintained in a sanitary condition
and all
instruments, jewelry, and other equipment, when not in use, shall
be stored
in an orderly manner.
6.4 Sterilization:
Sterilizing of instruments and/or equipment:
a) Operational sterilizers shall be available in each body piercing
establishment. All instruments shall be sterilized after each
use by
autoclaving under fifteen (15) pounds of pressure for twenty (20)
minutes. Autoclave
temperature shall not be less than two hundred seventy-three (273
[degrees])
degrees Fahrenheit or one hundred thirty-six (136 [degrees]) degrees
Celsius, or according to manufacturer's specifications.
b) Autoclave units shall be checked monthly, using a standard
spore test,
with results maintained on file for inspection. Autoclave units
shall be
maintained in accordance with manufacturer's specifications. Records
of said
monthly checks shall be maintained for a minimum of two (2) years.
i) A log book shall be maintained for the results of said monthly
inspections and shall include no less than the following items:
date of inspection,
results of inspection, and the signature of the body piercing
technician who
conducted the inspection.
c) The sterilizing date shall be noted, and evidence of sterilization
shall be demonstrated by color indicator or equivalent. Packs
shall be used within
thirty (30) days or resterilized.
6.5 Restrictions:
a) Section 23-1-39 of the Rhode Island General Laws, as amended,
prohibits the body piercing of minors (persons under the age of
eighteen [18]) in this
state except if the minor is accompanied by his/her parent or
guardian, and
said parent or guardian gives written consent to the body piercing.
Proper
photographic identification of the parent or legal guardian shall
be
required (e.g., driver's license).
Section 7.0 Denial, Suspension or Revocation of Registration
7.1 The Director is authorized to deny an application, or revoke
a
registration for cause (e.g., conviction of crimes) or for failure
of an
applicant or registrant to comply with the provisions of these
rules and
regulations.
7.2 Whenever an action shall be proposed to deny an application,
or
suspend a registration, the Director shall notify the person by
registered mail
setting forth the reason(s) for the proposed action.
7.3 The applicant or registrant shall be given an opportunity
for a
prompt and fair hearing in accordance with the provisions of Chapter
42-35 of the
General Laws of Rhode Island, as amended, and the Rules and Regulations
of
the Rhode Island Department of Health Regarding Practices and
Procedures Before
the Department of Health and Access to Public Records of the Department
of
Health (R42-35-PP).
7.4 If it is determined that a person is violating any provisions
of the
rules and regulations herein, the Director may issue an order
to ensure
compliance in accordance with the provisions of sections 23-1-20
through
23-1-25 of the Rhode Island General Laws, as amended.
PART II REGISTRATION REQUIREMENTS FOR BODY PIERCING ESTABLISHMENTS
Section 8.0 Administration
8.1 The Director shall be responsible for the administrative
functions
required to implement the provisions of section 23-1-39 of the
General Laws
of Rhode Island, as amended, and the rules and regulations herein,
as they
apply to the registering of body piercing establishments.
Section 9.0 Registration Requirements
9.1 No person, acting severally or jointly with any other person,
shall
conduct, maintain or operate a body piercing establishment in
the state
without a registration issued by the registration agency.
9.2 No person, firm, partnership or corporation shall describe
its
services in any manner under the title "Body Piercing Establishment"
unless such
services as defined herein are performed in an establishment that
is registered with
the Department of Health in accordance with the provisions of
the rules and
regulations for registering of body piercing establishments.
Section 10.0 Application for Registration & Fee
10.1 Application for a registration to conduct, maintain, or
operate a
body piercing establishment shall be made in writing on forms
provided by the
Division of Facilities Regulation and shall be submitted at least
ninety
(90) days prior to the opening of the body piercing establishment.
10.2 The application for registration shall include:
a) the address of the place of business;
b) the address of the owner and/or manager;
c) the name of the manager (and if a physician's office, the
name of the
physician) who shall be registered with the Rhode Island Department
of Health;
d) written documentation that the owner and/or manager is at
least
eighteen (18) years of age;
e) criminal convictions of the corporation, owner and/or manager,
if any,
except minor traffic violations;
f) a list of all owners and partners;
g) a list of owners holding fifty percent (50%) or more stock;
h) the fee of fifty dollars ($ 50.00) made payable by cash, check
or
money order to the General Treasurer, state of Rhode Island;
i) a list of all equipment;
j) a floor plan of the body piercing establishment;
k) appropriate certificates of compliance with all applicable
local and
state codes;
l) written operating policies and procedures pertaining to such
matters
as hours of business operation, nature of services, sanitation,
and safety
procedures established for the protection of clients and employees.
Section 11.0 Issuance & Renewal of Registration & Fee
11.1 Upon approval, the Division of Facilities Regulation shall
issue a
registration. Said registration, unless sooner suspended or revoked,
shall
expire by limitation on December 31st, following its issuance
and may be
renewed from year to year after inspection and/or approval by
the registration
agency, provided the applicant meets the appropriate statutory
and regulatory
requirements herein.
11.2 A registration shall be issued only to a specific applicant
for any
licensed location, and shall nol he transferable.
11.3 The annual registration renewal fee of fifty dollars ($
50.00) made
payable by cash, check or money order to the General Treasurer,
state of
Rhode Island, shall accompany the application for the annual license
renewal.
11.4 Any registrant who allows the registration to lapse may
have the
same reinstated by submitting an application, the accompanying
documents, the fee
as required in section 11.0 herein and other such documentation
as deemed
appropriate.
Section 12.0 Change of Ownership, Operation and/or Location
12.1 When a change of ownership, operation, location, or discontinuation
of business of a body piercing establishment is contemplated,
the owner and/or
manager shall notify the registration agency in writing prior
to the
proposed action.
12.2 When there is a change in ownership, or in the operation
or control
of a registered body piercing establishment, the registration
shall immediately
become void and shall be returned to the registration agency.
However, the
registration agency reserves the right to extend the expiration
date of such
registration, allowing the facility to operate under the same
conditions
which applied to the prior registrant for such time as shall be
required for the
processing of a new application, but not to exceed thirty (30)
days.
Section 13.0 Inspections
13.1 Duly authorized representatives of the Director shall, at
all
reasonable times, have the authority to enter upon any and all
parts of the premises on
which any body piercing establishment is located (and of the premises
appurtenant thereto) to make any investigation or inspection to
determine
conformity with the statutory and regulatory provisions herein.
13.2 Refusal to permit inspection or investigation shall constitute
valid
grounds for registration denial or revocation.
13.3 Applicants who have not satisfactorily met the requirements
herein
related to the inspection described above will be given one (1)
additional
facility inspection. Failure to meet all requirements will result
in denial
of registration.
Section 14.0 General Operational Requirements
14.1 Personnel
a) Each facility shall submit to the registration agency the
name of the
owner and/or manager who shall be responsible for:
i) The management and control of the operation and the maintenance
of the
facility;
ii) The facility's conformity with state and local laws and regulations
pertaining to fire, safety, building sanitation, personnel and
other
relevant statutory and regulatory provisions; and,
iii) The establishment of policies and procedures, including
but not
limited to, the practice of body piercing, sanitation protocols,
infection control,
universal precautions, the nature of services provided and other
such
policies and procedures as may be required.
b) Persons engaged in the practice of body piercing shall comply
with the
Occupational Safety and Health Administration's (OSHA) Blood Borne
Pathogen
Standards of reference 4 in order to protect themselves (and any
employees)
against occupational exposure to bloodborne pathogens. Compliance
shall
include, but not be limited to:
i) a written exposure control plan;
ii) staff training;
iii) engineering and work practice controls;
iv) adoption of universal precautions;
v) personal protective equipment;
vi) hepatitis B vaccinations; and,
vii) a protocol for evaluation in the event that an exposure
occurs.
c) Only individuals who hold current Rhode Island registration
as a body
piercing technician or a duly licensed physician shall practice
body
piercing and/or use the title "body piercing technician"
in accordance with the
regulatory provisions of the rules and regulations herein.
d) If the owner and/or manager of a facility is not a registered
body
piercing technician, a registered body piercing technician shall
be
designated as the agent of the manager and/or owner, responsible
for the direct
supervision of all personnel and services related to the practice
of body piercing. The
name of said designated individual shall be submitted to the registration
agency.
14.2 Environment & Maintenance
Each body piercing establishment shall be required to meet the
following
provisions:
a) The facility shall be maintained in a sanitary condition free
from
hazards.
b) All walls and floors shall be smooth and easily cleanable.
There shall
be no carpeting in the body piercing area. Walls and ceilings
are to be painted
in a light color. Walls and floors shall be kept clean and in
good repair, free
from dust and debris. Floors or walls shall not be swept or cleaned
while
body piercing is being performed.
c) Adequate light and ventilation shall be provided.
d) Each body piercing establishment shall contain a hand sink
in the body
piercing area for the exclusive use of the body piercing technician.
The
sink shall have hot and cold running water. At the sink, there
shall also be
available: a soap dispenser, disposable towels and refuse containers.
i) In facilities in which there are multiple body piercing workstations,
there shall be a minimum of one sink per every two workstations.
Each sink
shall meet the requirements of section 14.2(d) above.
e) Toilets and hand-washing facilities shall be provided in convenient
locations in conformity with the Rhode Island State Building Code
of
reference 2.
f) All work surfaces shall be smooth, non-porous and easily cleanable.
g) The facility shall be arranged so that work areas are separated
from
waiting customers by providing a separate room for body piercing
or by
providing at least ten (10) feet between work areas and partitioning
the areas with
panels (or other barriers) at least six (6) feet high. The panel
may be constructed
of solid opaque plastic or similar material.
h) Equipment and supplies shall be properly stored in designated
storage
cabinets.
i) No smoking, eating or drinking shall be permitted in the body
piercing
area.
14.3 Waste Disposal
Medical waste shall be managed in accordance with the Rules and
Regulations Governing the Generation, Transportation, Storage,
Treatment, Management and
Disposal of Regulated Medical Waste (DEM-DAH-MW-01-92) of reference
1.
Section 15.0 Retention of Records
15.1 The owner of a body piercing establishment shall maintain
proper
records for each client. A record of each client shall include:
a) the date on which he/she was body pierced;
b) the signed aftercare sheet;
c) his/her name, address, telephone number and age;
i) photo identification as proof of age (e.g., driver's license,
military
identification), a copy of which shall be maintained for each
client;
d) if the client is a minor, a copy of the written consent from
the
parent/guardian and a copy of the parent/guardian's proper photo
identification;
e) the location where the body was pierced; and,
f) the name of the body piercing technician.
15.2 These records shall be permanently entered in a book with
pre-numbered
pages, kept solely for this purpose. Records that cannot be physically
stored in
this pre-numbered book (e.g., copies of proof of age as required
in section
15.1 (b)(i) above) may be stored elsewhere in the facility. These
records shall
be available for inspection by the Department of Health. These
records shall be
maintained for a minimum of five (5) years after the date on which
the
client was body pierced.
Section 16.0 Denial, Suspension or Revocation of Registration
16.1 The Director is authorized to deny an application, revoke
or suspend
a registration for failure of an applicant or registrant to comply
with the
provisions of the rules and regulations herein.
16.2 Whenever an action shall be proposed to deny an application,
revoke
or suspend a registration the Director shall notify the person
by certified
mail, setting forth the reason(s) for the proposed action.
16.3 The applicant or registrant shall be given an opportunity
for a
prompt and fair hearing in accordance with the provisions of Chapter
42-35 of the
General Laws of Rhode Island, as amended. and the Rules and Regulations
of
the Rhode Island Department of Health Regarding Practices and
Procedures Before
the Department of Health and Access to Public Records of the Department
of
Health (R42-35-PP).
16.4 If it is determined that a person is violating any provisions
of the
rules and regulations herein, the Director may issue an order
to secure
compliance in accordance with the provisions of sections 23-1-20
through
23-1-25 of the Rhode Island General Laws, as amended.
Section 17.0 Deficiencies & Plans of Correction
17.1 The licensing agency shall notify the governing body or
other legal
authority of a facility of violations of these rules and regulations
through
a notice of deficiencies which shall be forwarded to the facility
within
fifteen (15) days of inspection of the facility. If the Director
determines that
immediate action is necessary to protect the health, welfare,
or safety of
the public, she/he may issue an immediate compliance order in
accordance with
section 23-1-21 of the General Laws of Rhode Island, as amended.
17.2 A facility that has received a notice of deficiencies shall
submit a
plan of correction to the licensing agency within fifteen (15)
days of the
date of the notice of deficiencies. The plan of correction shall
detail any
requests for variances as well as document the reasons therefore.
17.3 The licensing agency shall be required to approve or reject
the plan
of correction submitted by a facility in accordance with section
17.2 (above)
within fifteen (15) days of receipt of the plan of correction.
17.4 If the licensing agency rejects the plan of correction,
or if the
facility does not provide a plan of correction within the fifteen
(15) day
period stipulated in section 17.2 above, or if a facility whose
plan of
correction has been approved by the licensing agency fails to
execute its
plan within a reasonable time, the licensing agency may invoke
the sanctions
referenced in section 16.0 herein.
17.5 If the facility is aggrieved by the sanctions of the licensing
agency, the facility may appeal the decision and request a hearing
in accordance
with the provisions of Chapter 42-35 of the General Laws, as amended,
and the
Rules and Regulations of the Rhode Island Departnlent of Health
Regarding
Practices and Procedures Before the Department of Health and Access
to Public Records
of the Department of Health (R42-35-PP).
Section 18.0 Variance Procedures
18.1 The licensing agency may grant a variance either upon its
own motion
or upon request of the applicant from the provisions of any rule
or regulation
in a specific case if it finds that a literal enforcement of such
provision will
result in unnecessary hardship to the applicant and that such
a variance
will not be contrary to the public interest, public health and/or
health and
safety of clients.
18.2 A request for a variance shall be filed by an applicant
in writing,
setting forth in detail the basis upon which the request is made.
18.2.1 Upon the filing of each request for variance with the
licensing
agency, and within a reasonable time thereafter, the licensing
agency shall
notify the applicant by certified mail of its approval or in the
case of a
denial, a hearing date, time and place may be scheduled if the
facility
appeals the denial and in accordance with the provisions of section
17.0 herein.
Section 19.0 Severability
19.1 If any provision of these rules and regulations or the application
thereof to any individual, facility or circumstance shall be held
invalid,
such invalidity shall not affect the provisions or application
of the rules and
regulations which can be given effect, and to this end, the provisions
of
the regulations are declared to be severable.
REFERENCES
1. Rules and Regulations Governing the Generation, Transportation,
Storage, Treatment, Management and Disposal of Regulated Medical
Waste in Rhode
Island (DEM-DAH-MW-01-92), Rhode Island Department of Environmental
Management,
April 1994 and subsequent amendments thereto.
2. The Rhode Island State Building Code, Chapter 23-27.3 of the
Rhode
Island General Laws, as amended.
3. Rules and Regulations of the Rhode Island Department of Health
Regarding Practices and Procedures Before the Department of Health
and Access to
Public Records of the Department of Health (R42-35-PP), Rhode
Island Department of
Health, May 1997 and subsequent amendments thereto.
4. Blood Borne Pathogens, Occupational Safety and Health Administration
(OSHA), 29 Code of Federal Regulations Part 1910--1000 to end,
section
1910.1030, pp. 316--326, July 1, 1994.
R.I.G.L. @ 23-1-39
Effective Date: April 24, 2000
