Memo - Ordinance Regulating Tattooing
. I City Clerk I
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and City Council
Copy: Jim Genellie, Steve Mielke
From: Terry Obermaier
Date: June 6, 2002
Subject: Ordinance Regulating Tattooing
At the April 30th City Council Work Session, the Council discussed regulation of
tattooing by the City. Several question were asked and staff was directed to bring
back more information regarding the questions.
The questions asked were:
. . Is there a grandfather clause
. How are new needles stored
. What are other Cities doing
. How will our fees compare
. What issues came up at the County hearing
. How will our businesses be effected
. Can we do it later if we do not do it now
. Why would we regulate tattooing
. What is the time frame
Is there a grandfather clause? There is not one in the County ordinance. I spoke
with Lynn Moore, the drafter of the ordinance. Ms. Moore said that it is assumed
that all will be grandfathered in that they will not have to show proof of training or
experience. If they are practicing at this time, they will be licensed.
How are new needles stored? The answer that Ms. Moore gave to me is that the
County is not concerned. The needles are packaged in sterile units. They are not
hollow needles and cannot be used for injections.
. What are other Cities doing? Minnetonka, Minneapolis, and Bloomington/Richfield
are doing their own ordinance, St. Louis Park and Golden Valley are not doing the
1010 First Street South - (612) 935-8474
Memo
June 21,2002
Page 2
. Hennepin County will cover those cities. Golden Valley asked Hennepin
ordinance.
County initiate the ordinance and regulate tattooing.
How will our fees compare? Unless we want to subsidize the cost of inspections,
apprentice tracking, and guest artist tracking, we will have to charge the same as
Hennepin County. The fees will have to cover the costs of all three aspects, not
just the inspection time.
The ordinance requires that owners register apprentices. We would have to
document their time and status. Guest artists must also be registered, We would
have to verify that they are truly guest artists that are not required to be licensed or
if they are technicians that are going from studio to studio,
One disadvantage was brought to my attention. Evidently, tattoo technicians do
not work in just one studio. A technician may work one or two days at a studio in
Bloomington, a day or two in a studio in Minneapolis and a day or two in a studio in
another city, If Hennepin County is the licensing authority, they will license for
Hennepin County. If Hopkins is the licensing authority for Hopkins, it is conceivable
that a technician would need to be licensed in by at least two jurisdictions, We
could not afford to support the program and waive those fees. We do not waive
those fees for other types of licenses,
. What issues came up at the County hearing? No issues came up, Tattoo artists
spoke very favorably about the ordinance and the process. Those that spoke said
that they were very much in favor of being regulated,
How will our businesses be affected? I can see no difference between being
regulated by us or by Hennepin County. There is the disadvantage of having to be
licensed in two or more jurisdictions if we regulate. We would adopt the same
ordinance with few if any changes. The cosmetic tattoo technician will have to
purchase additional equipment either way. That would leave a slight advantage for
the businesses to be regulated by Hennepin County.
Can we do it later if we do not do it now? In the case of restaurant and other
health licenses, the State delegated the authority, Their agreement is that you
either take it or give it to us and once we have it, we will not give it back, This
situation is different. We have the power to declare ourselves the authority by
ordinance. There is not delegation, no agreement. Whenever we adopted an
ordinance, we would become the regulating authority, However, if we decide to be
the regulating authority at the beginning, and change our mind later, our licensees
will not have the same grandfather status that they would in the beginning.
Why would we regulate tattooing? I can't think of any advantage to our regulating
tattooing. The two people in Hopkins that would be licensed believe that we would
charge a smaller fee to license them. They are nervous about being grand-fathered
. into the system if Hennepin County does the regulation. They also feel that they
,
Memo
June 21, 2002
Page 3
. can approach the Council with problems that might arise, easier than they could
approach the County Commission.
What is the time frame? Hennepin County's ordinance wi!! go into effect and they
will start the licensing process on June 1 st. They would like to know by that time if
we are going to regulate or if they should.
.
.
,
. C:/tattooford 23 draftS.doc (03-27-02)
. Draft ORDINANCE NO. 23
BODY ART CODE
"The Hennepin County Board of Commissioners does ordain:"
SECTION 1: PURPOSE.
1.01 Purpose. This ordinance is enacted to establish standards to protect
health, safety and general welfare of the people of Hennepin County
through regulation of the persons owning body art establishments, the
individuals performing body art procedur~sr and the establishments where
body art procedures are performed,
1.02 Obiectives. The principal objectives of this ordinance are:
A. To prevent disease transmission;
B. To correct and prevent conditions that may adversely affect persons
utilizing body art establishments;
C. To provide standards for the design, construction, operation, and
maintenance of body art establishments; and
D. To meet consumer expectations of the safety of body art
establishments.
.
SECTION 2: GENERAL PROVISIONS.
2.01 Scope. This ordinance shall apply to all individuals performing body art
procedures and all body art establishments where tattooing and body
piercing are conducted.
2.02 Exemptions. Board-certified medical or dental personnel that tattoo or
pierce as part of a medical or dental procedure are exempt from this
ordinance. Also, individuals piercing only the outer perimeter or lobe of
the ear using pre-sterilized single use stud and clasp ear-piercing system
are exempt from this ordinance's license requirements.
2.03 Prohibitions. No individual shall:
A. Conduct branding. cutting, implantation, suspension, or scarification of
another individual;
B. Pierce the genitalia or nipples of a minor;
C. Practice tattooing or piercing while under the influence of alcohol,
controlled substances as defined in Minnesota Statutes, section
152.01, subd. 4, or hazardous substances as defined in the rules
adopted under Minnesota Statutes, Chapter 182; or
. D. Operate a body art establishment or perform body art procedures as
described in this ordinance without a license.
1
. 2.04 Jurisdiction. This ordinance shall apply to all body art establishments
. located in Hennepin County. This ordinance is not intended to preempt
any local zoning ordinances applicable to body art establishments.
SECTION 3: DEFINITIONS.
3.01 Aftercare. "Aftercare" means written instructions given to the client,
specific to the procedure(s) rendered, on caring fqrthe body art and
surrounding area. These instructions shall ,include information on when to
seek medical treatment.
3.02 Antiseptic. "Antiseptic" means an agent,t~~t:d~stroys disease-causing
microorganisms on human skin or mucosa.
3.03 Apprentice. "Apprentice" means an individual working under the direct
supervision ofa licensed technic;ian(s) in a licensed body art
. . .
establishmenttolearn the skills of the ,trade.
3.04 Apprenticeship. "Apprenticeship" means an agreement an apprentice
has with a licensed techn'idan(s) learning the skills of tattooing or piercing
while working under the direct supervision of a licensed technician(s) in a
licensed establishment.
. 3.05 Body Art. !'Body Art" means physical body adornment using, but not
limited to, the following techniques: body piercing, tattooing, and cosmetic
tattooing. This definition does not include practices that are considered
part of a medical procedure performed by board certified medical or dental
personnel, such as, but not limited to, implants under the skin. Such
medical procedures shall not be performed in a body art establishment.
This ordinance definition shall not include piercing of the outer perimeter
or lobe of the ear using pre-sterilized single use stud and clasp ear
piercing systems.
3.06 Body Art Establishment. "Body Art Establishment" means any place or
premise, whether public or private, temporary or permanent in nature or
location, where the practices of body art, whether or not for profit, are
performed,
3.07 Body Piercina. "Body Piercing" means the penetration or puncturing of
human skin by any method, for the purpose of inserting jewelry or other
objects, in or through the human body. "Body Piercing" shall not refer to
any medical procedure performed by board certified medical or dental
personnel. Also, "Body Piercing" shall not refer to the puncturing the outer
perimeter or lobe of the ear using a pre-sterilized single use stud and
. clasp ear piercing system.
2
. 3.08 BodV Scarification or Scarring. "Body Scarification or Scarring" shall
. mean any method of applying a scar to the body for the purpose of
creating a permanent mark or design on the skin.
3.09 Brandina. "Branding" shall mean any method using heat, cold, or any
chemical compound to apply a scar to the body for the purpose of creating
a permanent mark or design on the skin.
3.10 Contaminated Waste. "Contaminated Waste" means any liquid or semi-
liquid blood or other potentially infectious materials; contaminated items
that would release blood or other potentially infectious materials in a liquid
or semi-liquid state if compressed; items that ,are caked with dried blood or
other potentially infectious materials and iarecapable of releasing these
materials during handling; sharps and any wastes containing blood and
other potentially infectious materials, as defined in Code 29 of Federal
Regulations Part 1910.1030, known as "Occupational Exposure to
Bloodborne Pathogens." .'.
3.11 Cosmetic Tattooina. See definition of tattooing.
3.12 Cutting. "Cutting" means the practice of cutting the skin, mucosa or part
of the body:to create a permanent scar or division of tissue for the purpose
. of body art.. "Cutting" shall not refer to any medical procedure performed
by board certified medical or dental personnel.
,.
j,
3.13 Disinfection. "Disinfection" means the destruction of disease-causing
microorganisms on inanimate objects or surfaces, thereby rendering the
objects safe for use or handling.
3.14 Equipment. "Equipment" means all machinery, including fixtures,
containers, vessels, tools, devices, implements, furniture, display and
storage areas, sinks, and all other apparatus and appurtenances used in
the operation of a body art establishment.
3.15 Establishment Plan. "Establishment Plan" means a to-scale drawing of
the establishment's layout illustrating the requirements of this ordinance.
3.16 Guest Artist. "Guest Artist" means an individual who performs body art
procedures under a current technician license or meets the apprenticeship
requirements of section 4.04.
3.17 Handsink. "Handsink" means a lavatory equipped with hot and cold water
held under pressure, used solely for washing hands, wrists, arms or other
portions of the body,
.
3
. 3.18 Health Authoritv. "Health Authority" means the Hennepin County
. Community Health Department, its designated employees, or other
designated agents.
3.19 Hot Water. "Hot Water" means water at least 11 oaF.
3.20 Implantina. "Implanting" means to fix or set securely an object in or
under tissue and includes, but is not limited to, 3-dimensional body art
applications, Implanting does not include medical 'procedures including,
but not limited to, pacemaker insertion, cosmetic surgery, and
reconstructive surgery performed by board certified medical and dental
personnel.
3.21 Individual. "Individual" means a human being.
3.22 Jewelry. "Jewelry"imeans any personal ornament inserted into a newly
pierced area. ,,'
3.23 Liquid Chemical Germicide. "Liquid Chemical Germicide" means a
disinfectant or sanitizer registered with the Environmental Protection
Agency.
, ;
. 3.24 Operator or Technician. "Operator or Technician" means any individual
who controls, operates, manages, conducts or practices body art activities
as a body art establishment and who is responsible for compliance with
these regulations, whether actually performing body art activities or not.
The term includes technicians who work under the direction of the
operator and perform body art activities.
3.25 Person. "Person" means any individual, partnership, corporation, or
association.
3.26 Procedure Area. "Procedure Area" means the physical space or room
used solely for conducting body art procedures.
3.27 Procedure Surface. "Procedure Surface" means the surface area of
furniture or accessories that may come into contact with the client's
clothed or unclothed body during a body art procedure, "Procedure
Surface" also means the area of the client's skin where the body art
procedure is to be performed and the surrounding area, or any other
associated work area requiring sanitizing.
3.28 Remodel. "Remodel" means any change to the current establishment
requiring either a building permit or trades permit for the work to proceed.
. "Remodel" does not include changes to the front desk area, waiting area,
painting, wallpapering, or carpeting, even if a permit is otherwise required.
4
. Adding a new workstation, plumbing changes, or expanding into an
.
adjacent space to add workstations are examples of remodeling.
"Remodeling" also means any changes to an establishment plan
previously submitted to the Health Authority.
3.29 Sanitization. "Sanitization (or to sanitize)" means a process of reducing
the numbers of microorganisms on clean surfaces and equipment to a
safe level.
:11; .i:'
3.30 Safe Level. "Safe Level" means not more thEm 50 colonies of
microorganisms per 4 square inches of equipment or procedure surface.
3.31 Sharps. "Sharps" means any object (sterile or contaminated) that may
purposefully or accidentally, cut or penetrate the skin or mucosa including,
but not limited to, pre-sterilized, single use needles,.scalpel blades, and
razor blades.
3.32 Sharps Container. "Sharps Container" means a puncture-resistant, leak-
proof container that is closed for handling, storage, transportation and
disposal. The "Sharps Container" shall be labeled with the international
biohazard symbol.
. 3.33 SinQle Use., ';Single Use" means products or items intended for one time
use and disposed of after use on each client. Examples of "Single Use"
items include cotton swabs or balls, tissues or paper products, paper or
plastic cups, gauze and sanitary coverings, razors, piercing needles,
tattoo needles, scalpel blades, stencils, ink cups, and protective gloves.
3.34 Standard Precautions. "Standard (Universal) Precautions" means a set
of guidelines and controls, published by the Center for Disease Control
(COC) as "guidelines for prevention of transmission of human
immunodeficiency virus and hepatitis B virus to health-care and public-
safety workers" in Morbidity and Mortality Weekly Report (MMWR), June
23, 1989, Vol. 38, No. S-6, and as "recommendation for preventing
transmission of human immunodeficiency virus and hepatitis B virus to
patients during exposure-prone invasive procedures," in MMWR, July 12,
1991, Vol. 40, No. RR-8. This method of infection control requires the
employer and the employee to assume that all human blood and specified
human body fluids are infectious for HIV, HVB and other blood pathogens.
Precautions include handwashing, gloving, personal protective equipment,
injury prevention, and proper handling and disposal of needles, other
sharp instruments, and blood and body fluid contaminated products.
3.35 Sterilization. "Sterilization" means a process resulting in the destruction
of all forms of microbial life. including highly resistant bacterial spores.
.
5
. 3.36 Suspension. "Suspension" means the piercing of human tissue with
. large gauge fishing hooks or other piercing apparatus to raise or lower an
individual with pulleys or other apparatus.
3.37 TattooinQ. "Tattooing" means any method of placing ink or other
pigments into or under the skin or mucosa with needles or any other
instruments used to puncture the skin, resulting in permanent coloration of
the skin or mucosa. This includes all forms of cosmetic tattooing.
3.38 Temporary Event. 'Temporary Event" means any place or premise
operating at a fixed location where an operator performs body art
procedures for no more than 21 days in conjunction with a single event or
celebration.
SECTION 4: ADMINISTRATION.
4.01 Administrative Procedures. Provisions of the Hennepin County
Administrative Ordinance, Ordinance No.1, County Licenses, Procedures-
Criminal Penalty Ordinance that are not covered by this ordinance and do
not conflict with provisions of this ordinance shall apply as if fully set forth
herein.
. 4.02 License Required. No person shall own -or operate a body art
establishment without an establishment license. Nor shall any individual
perform body art procedures or engage in any enterprises described in
Section 2, unless a technician license has been obtained. Each license
shall be obtained from the Health Authority pursuant to this ordinance and
the Hennepin County Administrative Ordinance, Ordinance No.1.
4.03 Licensing Procedure.
A. All applications, new and renewal, for licenses shall be made upon
forms furnished by the Health Authority. Upon payment of the license
fee, the Health Authority shall review the application. The Health
Authority shall issue a license if the application is approved.
B. Each establishment license application shall describe the general
nature of the business, the location, and any other information deemed
necessary by the Health Authority.
C. Each technician license application shall include current proof of
successful completion of an approved course on blood borne
pathogens and prevention of disease transmission. Courses
considered approved by the Health Authority may include those
administered by one of the following: the American Red Cross, United
States Occupational Safety and Health Administration (OSHA), or the
Alliance of Professional Tattooists.
.
6
. D. Each technician license application shall include proof of training and
.
experience. Proof of training and experience may include proof of a
completed apprenticeship or current license issued from another health
agency.
4.04 Apprenticeship Procedure.
A. No individual shall start an apprenticeship or conduct body art
procedures as a guest artist, until a licensed technician registers the
apprenticeship or guest artist with the Health Authority on forms
provided by the Health Authority. The following information is required
for registration:
(1) The name and address of the licensed establishment where the
apprentice or guest artist will be training orworking;
(2) The name of the apprentice or guest artist;
(3) The name(s) of the licensed technician(s) conducting the
apprenticeship or sponsoring the guest artist. If more than one
person is conductingjthe apprenticeship, then a lead technician
must be identified on the'application;
(4) The starting date of the apprenticeship; and
(5) The anticipated completion date of the apprenticeship.
B. At least one of the licensed technician(s) listed in 4.04, A., (3) shall be
present at all times when the apprentice is conducting body art
. procedures.
C. The sponsoring licensed technician is not required to be present at all
times when a guest artist is conducting body art procedures if the
guest artist provides to the Health Authority, upon registration, the
information required in section 4.03, C. and D.
D. An apprentice shall complete a minimum of 200 hours of training under
the direct supervision of licensed technician(s) before becoming
eligible for a technician license.
E, The length of time the guest artist may conduct body art procedures
shall not exceed 30 consecutive days per calendar year per licensed
establishment. If the length of time exceeds this, then the guest artist
shall apply for a technician license.
F. If the apprenticeship or guest artist procedure is not followed, the
individual, apprentice, or guest artist and/or licensed technician(s)
conducting the apprenticeship may be subject to penalties.
4.05 Location Restricted. No individual shall engage in body art activities at
any place other than a licensed establishment.
4.06 License Expiration. Licenses issued pursuant to this ordinance shall
commence and expire on the dates indicated on the license certificate with
the exception of temporary event licenses. Licenses for temporary events
. shall be applied to the Health Authority at a minimum of seven (7) days
prior to the start of the event. Temporary event licenses shall be issued
7
. for the specific days and hours of operation specified on the application
and approved by the Health Authority,
4.07 Transfer and Display of License. Only a person who complies with the
requirements of this ordinance shall be entitled to receive a license. A
license shall not be transferable as to person or place. A valid license
shall be located onsite and available to the public upon request.
4.08 Temporary Events. Temporary body art establishments and individuals
conducting body art procedures at a temporary event must meet the
requirements of this ordinance.
SECTION 5: INSPECTION AND PLAN REVIEW.
5.01 Inspection ReQuired. The Health Authority shall inspect each body art
. establishment:
A. Before issuing a license for a new establishment;
B. As part ota construction or remodeling plan review;
C. As part ot a complaint investigation; or
D. At least once a year for a routine inspection.
5.02 Construction Inspections. The body art establishment shall be
.. constructed in conformance with the approved plans, A statutory or home
rule charter city shall not issue a building permit for a body art
establishment or remodeling or alteration permit for such establishment
until such plans have the .approval of the Health Authority. The Health
Authority shall inspect the body art establishment as frequently as
necessary during the construction to ensure that the construction occurs in
conformance with this ordinance. The Health Authority shall conduct a
final construction inspection prior to the start of operations and issuance of
a license.
5.03 Access to Premises and Records. The operator of the body art
establishment shall, upon request of the Health Authority and after proper
identification, permit access to all parts of the establishment at any
reasonable time, for the purpose of inspection. The operator shall allow
review of any records necessary for the Health Authority to ascertain
compliance to this ordinance.
5.04 Interference with the Health Authority. No person shall interfere with or
hinder the Health Authority in the performance of its duties, or refuse to
permit the Health Authority to make such inspections.
.
8
5.05 Removal and Correction of Violations. Operator(s) or technician(s)
. shall correct or remove each violation upon receipt of an inspection report
giving notification of one or more violations of this ordinance in a
reasonable length of time as determined by the Health Authority. The
length of time for the correction or removal of each such violation shall be
noted on the inspection report. Failure to remove or correct each violation
within the time period noted on the inspection report shall constitute a
separate violation of this ordinance. The Health Authority may issue
orders to halt construction or remodeling, or to take corrective measures
to ensure compliance with this ordinance,
SECTION 6: GROUNDS FOR EMERGENCY CLOSURE.
6.01 Sinale Violations. If any of the following conditions exist, the operator(s)
or technician(s) may be ordered to discontinue all operations of the body
art establishment. Body art establishments shall only reopen with
permission from .the Health Authority.' .
A. Failure to possess a license required by this ordinance;
B. Evidence of a sewage backup in an area of the establishment where
body art activities are conducted;
. C, Lack of potable, plumbed, hot or cold water to the extent that hand
washing, :or toilet facilities are not operational;
D. Lack electricity or gas service to the extent that hand washing, lighting,
or toilet facilities are not operational;
E, Significant damage to the body art establishment due to tornado, fire,
flood, or other disasters;
F. Evidence of an infestation of rodents or other vermin;
G. Evidence of contamination, filthy conditions, untrained staff or poor
personal hygiene;
H. Any time a public health nuisance exists;
I. Using instruments or jewelry that are not sterile;
J. Failure to maintain required records;
K. Failure to use gloves as required;
L. Failure to properly dispose of sharps, blood or body fluids, or blood or
body fluid contaminated items;
M. Failure to properly report complaints of potential blood borne pathogen
transmission to the Health Authority;
N. Evidence of violations to Section 2.03 of this ordinance; or
O. Evidence of a positive spore test on the sterilizer.
.
9
SECTION 7: STANDARDS FOR HEALTH AND SAFETY.
. No operator or body art establishment shall engage in body art activities without
complying with the following regulations:
7.01 Facilities.
A. Any new or remodeled establishment shall submit to the Health
Authority a to-scale establishment plan in sufficient detail to ascertain
compliance with conditions in this ordinance.
B. There shall be no less than forty-five (45) square feet of floor space for
each procedure area. The procedure area(s) must be separated from
the bathroom, retail sales area, hair salon area, or any other area that
may cause potential contamination of work surfaces. For clients
requesting privacy, dividers, curtains, or partitions at a minimum shall
separate multiple procedure areas.
C. Each establishment shall have a readily accessible handsink that is not
in a public restroom and is equipped with:
(1) Hot and cold running water under pressure;
(2) No touch faucet controls such as wrist or foot operated;
(3) Liquid hand soap;
(4) Single use paper,towels; and
, (5) A garbage can.
D. Every establishment shall have at least one available bathroom
. equipped with a toilet and a hand lavatory. The hand lavatory shall be
supplied with:
(1) Hot and cold running water under pressure;
(2) Liquid hand soap;
(3) Single use paper towels or mechanical hand drier/blower;
(4) A garbage can;
(5) A door that closes; and
(6) Adequate ventilation.
E. The establishment shall have an artificial light source equivalent to 20
foot-candles at three feet above the floor. At least 100 foot-candles of
light shall be provided at the level where body art procedures are
performed, where sterilization takes place, and where instruments and
sharps are assembled,
F. All procedure surfaces shall be smooth, nonabsorbent and easily
cleanable, Procedure surfaces shall be cleaned and sanitized after
each client.
G. All ceilings shall be in good condition.
H, All walls and floors shall be free of open holes or cracks and washable.
I. All facilities shall be maintained in good working order.
J. All facilities shall be maintained in a clean and sanitary condition.
K. No establishment shall be used or occupied for living or sleeping
quarters.
.
10
--------- --
. L. Only service animals may be allowed in the establishment. No animals
shall be allowed in the procedure area(s),
M. Effective measures shall be taken by the operator to prevent entrance,
breeding, and harborage of insects, vermin, and rodents in the
establishment.
7.02 Equipment and Instruments.
A, All jewelry used as part of a piercing procedure shall be sterilized
before use. All reusable instruments shall be thoroughly washed to
remove all organic matter, rinsed, and sterilized before and after use.
All needles shall be single use needles and sterilized before use. All
sterilization shall be conducted using a method approved by the Health
Authority.
B. At least once a month, but not to exceed 30 days between tests, a
spore test shall be conducted on the sterilizer to ensure that it is
working properly. If a positive spore test result is received, the
sterilizer cannot be used until a negative result is obtained. This may
result in ceasing .operation until the situation is corrected,
C. Jewelry must be made of surgical implant grade stainless steel, solid
14k or 18k white or yellow gold, niobium, titanium or platinum, and/or a
dense low-porosity plastic. Jewelry must be free of nicks, scratches or
irregular surfaces and must be properly sterilized prior to use,
. D. All inks, ;dyes, and other pigments shall be specifically manufactured
for tattoo procedures. The mixing of approved inks, dyes, or pigments,
or their dilution with distilled water or alcohol is acceptable.
E. Immediately before applying a tattoo, the quantity of the dye used shall
be transferred from the dye bottle and pla'ced into a single use paper or
plastic cups. Upon completion of the tattoo, these single use cups and
their contents shall be discarded.
F. All tables, chairs, furniture or other procedure surfaces that may be
exposed to blood or body fluids during the tattooing or piercing
procedure shall be constructed of stainless steel, or other suitable
material that will allow complete sanitization, and shall be sanitized
between uses with a liquid chemical germicide.
G. Single use towels or wipes shall be provided to the client. These
towels shall be dispensed in a manner that precludes contamination
and disposed of in a cleanable garbage container with a liner.
H. All bandages and surgical dressings used shall be sterile or bulk-
packaged clean and stored in a clean, closed container.
I. All equipment and instruments shall be maintained in a good working
order and in a clean and sanitary condition,
J. All instruments and supplies shall be stored clean and dry in covered
containers.
.
11
.. 7.03 Skin Preparation.
. A. Whenever it is necessary to shave the skin, a new disposable razor
must be used for each client.
B. The skin area subject to a body art procedure must be thoroughly
cleaned with soap and water, rinsed thoroughly, and swabbed with an
antiseptic solution. Only single use towels or wipes shall be used in
the skin cleaning process.
C. No body art procedure shall be performed on any area of the skin
where there is an evident infection, irritation, or open wound.
7.04 Hand Washing and Hygiene.
A, Each technician shall scrub his or her hands and wrists thoroughly for
20 seconds before and after performing a body art procedure.
S. Technicians with skin infections ofthe hand shall not perform body art
procedures.
C. The technician must wash hisor her hands after contact with the client
receiving the procedure or after contact with potentially contaminated
articles, ; .'.
D. Technicians shall wear, clean clothing and use a disposable barrier
such as a lap cloth when performing body art procedures.
E. Technicians shall not smoke, eat, or drink while performing body art
procedures.
. 7.05 Glove Use.
A. Single use gloves of adequate size and quality as to preserve dexterity
shall be used for touching clients, for handling sterile instruments, or
for handling blood or body fluids.
B. Gloves must be changed if:
(1) They become damaged;
(2) They come in contact with any non-clean surface or objects; or
(3) They come in contact with a third person.
C, At a minimum, gloves shall be discarded after the completion of a
procedure on a client.
D. Hands and wrists must be washed before putting on a clean pair of
gloves and after removing a pair of gloves.
E, Gloves shall not be reused.
7.06 Proper handling and disposal of needles. other sharp instruments.
blood, other body fluids. and contaminated products.
A. Contaminated waste that may release liquid blood or body fluids when
compressed or that may release dried blood or body fluids when
handled, must be placed in an approved "red" bag that is marked with
the international biohazard symbol. It must be disposed of by a
licensed waste hauler at an approved site, or at a minimum, in
accordance with the requirements contained in 29 CFR Part
. 1910.1030, Occupational Exposure to Bloodborne Pathogens.
12
.. B. Contaminated waste that does not release liquid blood or body fluids
.
when compressed or handled may be placed in a covered receptacle
and disposed of though normal, approved disposal methods.
C, Sharps ready for disposal shall be disposed of in an approved sharps
container. Ready for disposal means sterilized in a manner listed in
Section 7 of this ordinance.
D. Storage of contaminated waste on-site shall not exceed the period
specified by 29 CFR Part 1910.1030, Occupational Exposure to
Bloodborne Pathogens.
SECTION 8: Technician Requirements and Professional Standards.
i
8.01 Technician Information. The following information shall be kept on file
for two years on the premises and available for inspection by clients and
the Health Authority for each technician or apprentice:
A. Full name;. .. "
S. Home address;
C. Home phone number;
D. Date of birth;
E. Identification photo;
F. Exact duties: and
. G. Proof ora license from the Health Authority, guest artist registration or
current apprenticeship registration.
8.02 Establishment Information. The following information shall be kept on
file for two years on the premises and available for inspection the Health
Authority:
A. A description of all body art procedures performed,
B. An inventory of instruments, body jewelry, sharps, and inks or
pigments used for all procedures including the names of
manufacturers, serial and lot numbers. Invoices or orders shall satisfy
this requirement.
C, Copies of spore tests conducted on the sterilizer.
D. A copy of this ordinance shall be available at all times on premises.
8.03 Client Records.
A. No technician shall tattoo any individual under the age of 18 years
except with the written permission of both custodial and noncustodial
parents of such individual according to Minnesota Statutes, Chapter
609.2246.
B. No technician shall tattoo or pierce a minor without written permission
from a custodial parent given in person at the establishment. Nipple
and genital piercing is prohibited on minors regardless of parental
consent.
.
13
'" C. Technicians shall request proof of age prior to performing procedures
. on any client. Proof of age is established by one of the following:
(1)A valid driver's license or identification card issued by the State of
Minnesota, or other state, and including the photograph and date of
birth of the person;
(2)A valid military identification card issued by the United States
Department of Defense;
(3)A valid passport;
(4)A resident alien card; or
(5)A school picture identification card.
D. In order to aid in proper healing following the procedure, the technician
shall provide a release form to the client and the client may indicate if
he or she has:
(1) Diabetes;
(2) A history of hemophilia;
(3) A history of skin diseases, skin .lesions, or skin sensitivities to soap,
disinfectants, etc.;
(4) A history of allergies to metals;
(5) A history of epilepsy, seizures, fainting or narcolepsy;
(6) A condition where the client takes medications, such as
anticoagulants, that thin the blood and/or interferes with blood
clotting; or
. (7) Any other information that would aid the technician in body art
procedure process evaluation.
The technician shall ask the client to sign and date the release form
confirming that the information listed in Section 8.03, D. (1 )-(7) was
obtained or was attempted to be obtained.
E. Before administering a body art procedure, the client must sign and
date a consent form. The consent form shall disclose:
(1) That any tattoo should be considered permanent; it may only be
removed with a surgical procedure; and any effective removal may
leave scarring; or
(2) That any piercing may leave scarring.
F. Body art procedures shall not be performed on any individual who
appears to be under the influence of alcohol; controlled substances as
defined in Minnesota Statutes, Section 152.01, subd. 4; or hazardous
substances as defined in rules adopted under Minnesota Statutes,
Chapter 182.
8.04 Client Record Maintenance. The body art establishment operator shall
maintain proper records for each client. The records of the procedure
shall be kept for two years and shall be available for inspection by the
Health Authority upon request. The records shall include the following:
A. The date of the procedure,
B. Record of information on picture identification showing name, age, and
. current address of the client.
14
- ..- --......-------...--., ..
~ C. Copy of the release form signed and dated by the client.
.
D, The nature of the body art procedure performed.
E. The name and license number of the technician performing the
procedure.
F. A copy of the consent form to perform the body art procedure on a
minor with required signatures as defined in 8.03, A. or B. if applicable.
8.05 Under the Influence. No technician shall perform body art procedures
while under the influence of alcohol, controlled ,substances as defined in
Minnesota Statutes, section 152.01, subd. 4, or hazardous substances as
defined in the rules adopted under Minnesota Statutes, Chapter 182.
i, .
8.06 Aftercare. Technicians shall provide each clienhvith printed instructions
on recommended care of the body art during the healing process.
8.07 Notification. Operators and;technicians shall notffy the Health Authority
immediately of any reports they receive of a potential bloodborne
pathogen transmission.
8.08 Industry Self-Survey and TraininQ Responsibility. Every licensee of a
body art establishment shall arrange .tor and maintain a program of
sanitation self-inspection conducted by the owner, operator, technician, or
. apprentice and approved by the Health Authority. The self-inspection
program shall include written policies, appropriate forms for logging self~
inspections; and evidence that routine self-inspection of all aspects of the
body art establishment takes place. A description of the body art
establishment self-inspection program shall be available for review.
SECTION 9: FEES.
9.01 License Fees. Fees for licenses and plan review issued hereunder shall
be those established from time to time by resolution of the Hennepin
County Board of Commissioners. An additional fee shall be charged for
each additional service or operation that is separate, distinct or unique
from the central or main body art establishment, as determined by the
Health Authority.
9.02 Late Fees. If work has commenced prior to approval of construction or
remodeling plans, late fees may be assessed in accordance with the fee
schedule.
9.03 ProratinQ. If a license application is received by the Health Authority on
October 1 through December 31 of a given year, the license fee due shall
be prorated to one half of the fee required if the application was received
. January 1 through September 30 of that same year.
15
!
.. SECTION 10: SEP ARAB I L1TY. If any provision or application of this ord inance
. is held invalid, that invalidity shall not affect other provisions or applications of
this ordinance.
SECTION 11: PENALlTY. A person shall be guilty of a misdemeanor and upon
conviction thereof, shall be punished as provided by law jf he/she:
A. Violates this ordinance;
B. Permits a violation to exist on the premises under his/her control; or
C. Fails to take action to abate the existence of the violation(s) within a
specified time period, when ordered or notified to do so by the Health
Authority,
SECTION 12: EFFECTIVE DATE. After passage by the Hennepin County Board
of Commissioners, this ordinance shall be effective thirty (30) days after
publication.
Passed by the Board of County Commissioners of Hennepin County, Minnesota,
this _ day of ,2002.
" County of Hennepin
, State of Minnesota'
. j
"
by: Chair, Board of County Commissioners
Attest:
Clerk of the County Board
.
16