RELATES TO:
KRS
387.010,
508.125,
28 C.F.R.
36.104,
29 C.F.R.
1910.1030
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
necessary to operate programs and fulfill the responsibilities vested in the
cabinet. KRS
211.760(2) requires
nonmedical persons who engage in or carry on any business of body piercing to
register with a local health department.
KRS
211.760(3) requires the
cabinet to promulgate administrative regulations relating to places of business
that provide body piercing or ear piercing, the equipment used in body piercing
and ear piercing, the control of disease, parental consent for body piercing or
ear piercing, the age restrictions for body piercing, and other matters
necessary to protect public health. This administrative regulation establishes
the standards for body piercing and ear piercing.
Section 1. Definitions.
(1) "Antiseptic" means a substance applied to
the skin that reduces the number of microorganisms.
(2) "Autoclave" means a device intended to
sterilize products by means of pressurized steam.
(3) "Blood" is defined by
29 C.F.R.
1910.1030.
(4) "Bloodborne pathogen training" means
training that meets the requirements established in
29 C.F.R.
1910.1030.
(5) "Body piercer" means a person registered
by the local health department to engage in body piercing or ear
piercing.
(6) "Body piercing" is
defined by KRS
211.760(1)(a).
(7) "Contaminated" is defined by
29 C.F.R.
1910.1030.
(8) "Contaminated sharps" is defined by
29 C.F.R.
1910.1030.
(9) "Disinfectant" means a product that is
tuberculocidal and registered with the federal Environmental Protection Agency
as indicated on the label for use in disinfection.
(10) "Ear piercing instrument" or "piercing
instrument" means a hand-pressured instrument, which does not make contact with
the client, utilizing encapsulated presterilized earrings used exclusively for
piercing the lobe of the ear.
(11)
"Handwashing" means the act of cleaning the hands for the purpose of removing
dirt, soil, or microorganisms through the use of soap, warm water, and
friction.
(12) "Instrument" means
any body-piercing implement that comes into contact with blood or skin to be
pierced, such as needles, needle tubes, forceps, hemostats, tweezers, or other
implements used to puncture or pierce the human body.
(13) "Jewelry" means any personal ornament or
decoration inserted into a newly-pierced area.
(14) "Limited ear piercing" means piercing
only the lobe of the ear with an ear piercing instrument.
(15) "Minor" is defined by
KRS
387.010(1).
(16) "Mobile studio" means a body-piercing
studio that is designed to be readily movable.
(17) "Purchased presterilized" means jewelry
or instruments that are sold individually packaged, processed, and marked with
a sterilization lot number, and expiration date to render them free of all
microorganisms.
(18) "Registration"
means the issuance of a document by the local health department to a body
piercer or ear piercer authorizing the person named in the document to engage
in the business of body piercing or ear piercing.
(19) "Regulated waste" is defined by
29 C.F.R.
1910.1030.
(20) "Service animal" is defined by
28 C.F.R.
36.104.
(21) "Sterilization" means a validated
process used to render a product free from viable microorganisms.
(22) "Studio" means a facility as defined by
KRS
211.760(1)(b).
(23) "Studio certificate" means the issuance
of a document by the local health department to a studio owner certifying that
the studio, after inspection, was in compliance with the applicable provisions
of this administrative regulation.
(24) "Studio owner" means:
(a) An owner of a facility where body
piercing or ear piercing is conducted;
(b) A sole proprietor who performs body
piercing or ear piercing; or
(c) A
person who employs body piercers or ear piercers.
(25) "Temporary permit" means a permit to
operate at a fixed location for no more than seven (7) calendar days that:
(a) Is nontransferable; and
(b) Cannot be renewed for ninety (90) days
after the expiration.
(26) "Ultrasonic cleaner" means a device that
transmits high-energy, high-frequency sound waves into a fluid-filled
container, used to remove deposits from instruments and appliances.
Section 2. Registration.
(1) A person shall not act as or engage in
the business of body piercing or ear piercing unless registered with the local
health department in the district or county where the person is to body pierce
or perform ear piercing.
(2) All
body piercing or ear piercing shall be under the authority of a Kentucky
certified studio.
(3) A body
piercer or ear piercer shall not engage in the act of piercing unless that
person has proof of completion of bloodborne pathogen training.
(4) The body piercer or ear piercer shall
maintain documentation of completion of bloodborne pathogen training at the
studio.
(5) An applicant for
registration shall be at least eighteen (18) years of age at the time of
application.
(6) An applicant for
registration shall submit to the local health department in the district or
county where the applicant intends to perform body piercing or ear piercing:
(a) A completed DFS-303, Application for
Certification or Registration, incorporated by reference in
902 KAR 45:065;
(b) Payment of $100 registration fee;
and
(c) Proof of completion of
approved bloodborne pathogen training as required by subsection (3) of this
section.
(7) The body
piercer or ear piercer registration shall be:
(a) Mailed to the owner of the Kentucky
certified studio listed on the application for registration;
(b) Prominently displayed to the public in
the workstation; and
(c)
Nontransferable from:
1. One (1) person to
another; or
2. One (1) district or
county to another.
(8) A registration shall be valid for one (1)
calendar year and expire on December 31st of each year.
(9) A late renewal fee of fifty (50) dollars
shall be assessed on each body piercer or ear piercer certification renewal
application not received by January 31st each year.
Section 3. Studio Certification.
(1) A person shall not engage in the business
of body piercing or ear piercing unless the owner of the facility holds a
studio certificate issued by the local health department in the district or
county where the person is to body pierce or perform ear piercing.
(2) A holder of a studio certificate issued
under this administrative regulation shall not allow a person to engage in body
piercing or ear piercing unless the individual is registered in accordance with
Section 2 of this administrative regulation.
(3) An application for a studio certificate
shall be:
(b) Submitted to the local health department
in the district or county where the studio is located; and
(c) Accompanied by an annual inspection fee
of:
1. $400 for a body piercing studio with
one (1) to four (4) work stations;
2. $200 for an ear piercing studio with one
(1) to four (4) work stations; and
3. An additional fifty dollars ($50) for each
additional work station over four (4).
(4) A studio certificate shall not be issued
or renewed unless the studio has been inspected and found to be in compliance
with the provisions of this administrative regulation.
(5) A studio certificate shall be:
(a) Prominently displayed to the public in
the studio; and
(b) Nontransferable
from:
1. One (1) person to another;
or
2. One (1) location to
another.
(6)
The studio certificate shall be valid for one (1) calendar year and expire
December 31st each year.
(7) A late
renewal fee of one-half (1/2) the annual inspection fee shall be assessed on
each studio registration renewal application not received by January 31st each
year.
Section 4. Studio
Requirements.
(1) A studio shall:
(a) Be kept clean and in good
repair;
(b) Be free of insect and
rodent infestation;
(c) Store only
items necessary to its operation and maintenance;
(d) Provide artificial light of at least
twenty (20) foot-candles;
(e) Be
well ventilated;
(f) Not permit the
presence of an animal in the studio, except for a service animal;
(g) Not use a room otherwise used as living
or sleeping quarters;
(h) Use a
solid, self-closing door to separate living or sleeping quarters from the
business operation;
(i) Have
convenient, clean, and sanitary toilet and handwashing facilities for the use
of clientele with liquid soap, single-use paper towels from a sanitary
dispenser or air dryer, a covered waste receptacle, and a self-closing
door;
(j) Be organized to keep
clean areas separate from contaminated areas;
(k) Have a utility sink that shall only be
used to wash contaminated instruments;
(l) Use, clean, and maintain equipment
according to manufacturers' recommendations;
(m) Use an approved disinfectant;
(n) Have plumbing sized, installed, and
maintained in accordance with 815 KAR Chapter 20;
(o) Have sufficient potable water supply for
the needs of the studio provided from a source constructed, maintained, and
operated pursuant to the applicable requirements established in 401 KAR Chapter
8; and
(p) Dispose of sewage by
connection to:
1. A public sewer system, if
available; or
2. A private sewer
system designed, constructed, and operated pursuant to the requirements of 401
KAR Chapter 5 and 902 KAR Chapter 10.
(2) A workstation shall:
(a) Have nonporous, smooth, easy-to-clean
floors and walls;
(b) Have
surfaces, including counters, cabinets, chairs, and dispensers, composed of
smooth, nonporous material able to withstand repeated cleaning and
disinfecting;
(c) Be kept clean,
organized, and in good repair;
(d)
1. Have all product containers clearly
labeled with common product name in English; and
2. If filling a product container from a
larger bulk container, retain the original container on the premises;
(e) Have at least sixty (60)
square feet of floor space with permanent walls a minimum of four (4) feet high
between workstations;
(f) Have 100
foot-candles of light at the procedure level;
(g) Have unimpeded access to a hand
sink;
(h) Have a sink for each body
piercer with hot and cold water, delivered by a faucet, operated by wrist,
knee, or foot action, or other hands-free method;
1. Each sink shall be supplied with:
a. Liquid soap; and
b. Single use paper towels dispensed from a
sanitary dispenser; and
2. A hand sink shall not be used for any
other purpose;
(i) Be
designated as a body piercing workstation, and shall not be used for any other
purpose;
(j) Have plastic or metal
waste receptacles:
1. With or without a lid;
and
2. If the waste receptacle has
a lid, the lid shall be foot operated; and
(k) Have a container for disposable sharps
that:
1. Is rigid, puncture proof, and leak
proof on sides and bottom;
2. Is
closeable and sealable; and
3. If
sealed, is leak resistant and incapable of being opened without great
difficulty.
Section 5. Cleaning and Sterilization.
(1) A studio using any reusable instruments,
materials, or supplies may have a one (1) room or two (2) room cleaning and
sterilization arrangement.
(a) A two (2) room
arrangement shall have:
1. One (1) room for
contaminated items, equipped with:
a. A
utility sink with minimum dimensions of 18 in. x 18 in. x 12 in.;
b. A hand sink;
c. A presoak container;
d. An ultrasonic cleaner; and
e. Autoclaving packaging materials;
and
2. A second room
that contains an autoclave for sterilization of instruments, equipment, and
body jewelry or decorations.
(b) A one (1) room cleaning and sterilization
process shall be arranged to provide two (2) distinct areas.
1. The ultrasonic cleaner shall be as far
away as possible from the autoclave to prevent contamination of sterile
instruments, equipment, jewelry, or other items.
2. The cleaning area shall be equipped in
accordance with paragraph (a)1. of this subsection.
3. Nonporous barriers may be utilized to
delineate the two (2) distinct areas.
(2) A body piercer that shares a certified
studio with a tattoo artist shall have a dedicated ultrasonic cleaner for
cleaning body piercing instruments or equipment.
(3) A studio that uses only presterilized
disposable instruments, materials, and supplies shall not be required to have a
separate room or area for autoclave, ultrasonic cleaner, and
sterilization.
(4) All instruments
shall be disposable or be made of surgical implant stainless steel and shall
have only rubber gripping that can be removed and sanitized on the
handles.
(5) Instruments shall be
processed as follows:
(a) Soak contaminated
reusable instruments in a covered container of cool water with detergent until
ready to be cleaned and sterilized;
(b) Wash hands and forearms;
(c) Use disposable, single-use gloves, such
as examination or surgical gloves;
(d) Prepare the ultrasonic cleaner according
to manufacturer's instructions;
(e)
Take instruments apart and rinse in warm water;
(f) Load the ultrasonic cleaner and process
according to manufacturer's recommendations, disposing of the ultrasonic
cleaner liquid after each use;
(g)
Wash hands and forearms;
(h)
Wearing examination gloves, remove instruments from the ultrasonic cleaner,
rinse with clean water, and allow to air dry; and
(i) Store cleaned instruments in a labeled,
covered, nonporous container until packaged for sterilization.
(6) Sterilization equipment.
Equipment used to sterilize instruments shall:
(a) Be sold as sterilizing equipment for
medical instruments;
(b) Be used,
cleaned, and maintained to manufacturer's instructions; and
(c) Meet the minimum requirements for
sterilization.
(7)
Reusable instruments.
(a) Reusable instruments
that come in contact with skin that is body pierced shall be cleaned and
sterilized;
(b) Disinfection shall
not be used in place of cleaning and sterilization; and
(c) Liquid sterilants shall not be used for
sterilization of reusable instruments.
(8) Instrument sterilization. Instruments
that come in contact with the skin shall be sterilized as follows:
(a) Wash hands and forearms;
(b) Use clean disposable, single-use surgical
or examination gloves;
(c) Package
cleaned instruments individually in:
1. Paper
and plastic peel-packs with color change indicator; or
2. Package as setups with color change
indicator;
(d) Label
with content, date, lot number, and preparer's initials;
(e) Load the autoclave and process according
to manufacturer's directions;
(f)
Remove the items from autoclave only when completely dry and cool;
(g) Store the items in a nonporous, clean,
dry, labeled container, cabinet, or other place that is protected from dust and
contamination; and
(h)
1. Sterilized instruments shall be
resterilized at intervals of no more than six (6) months from the date of the
last sterilization; and
2. New
packaging shall be used when instruments are resterilized.
(9) Sterilization equipment
monitoring.
(a) Sterilization equipment shall
be tested:
1. During the initial
installation;
2. After any major
repair; and
3. At least monthly by
using a commercial biological monitoring system;
(b) Biological indicator test results for
each sterilization unit used in the studio shall be kept on site, and made
available for inspection at time of inspection; and
(c) Sterilization monitoring shall be noted
on the sterilizer log.
(10) Autoclave recordkeeping. An autoclave
log system shall be maintained for each sterilizer in the studio. For each
sterilization cycle the following information shall be documented:
(a) Date of load;
(b) Lot number;
(c) Preparer's name;
(d) The general contents of the
load;
(e) The exposure time and
temperature or the sterilizer recording chart or tape; and
(f) The results of the chemical
indicator.
Section
6. Studio Owner Responsibilities. The owner of a certified studio
shall:
(1) Exclude a body piercer or ear
piercer who is:
(a) Infected with a disease in
a communicable form that can be transmitted by blood;
(b) A carrier of organisms that cause
disease;
(c) Infected with a boil
or an infected wound; or
(d)
Diagnosed with an acute respiratory infection;
(2) Report any accident involving exposure to
body fluids to the local or district health department;
(3) Receive, review, and distribute body
piercer or ear piercer registrations for the piercer registered with the
certified studio. If the body piercer or ear piercer is no longer registered
with the certified studio, the registration shall be returned to the district
or local health department where the certified studio is located;
(4) Maintain a record of all persons
performing any activity within the studio that is regulated by the cabinet. The
record shall include at a minimum the following information:
(a) Full name;
(b) Date of birth;
(c) Home address;
(d) Phone number;
(e) Email address;
(f) Photograph of body piercer or ear
piercer; and
(g) Complete
description of all body piercing or ear piercing procedures performed by the
body piercer or ear piercer;
(5) Maintain a current copy of this
administrative regulation at the studio for use by body piercers or ear
piercers;
(6) Maintain an adequate
supply of sterilized needles, instruments, jewelry, and other decorations for
each piercer;
(7) Not resterilize
or reuse single-use, disposable components;
(8) Maintain records in accordance with
Section 8(3) of this administrative regulation;
(9) Maintain an accurate inventory of all
purchased presterilized instruments and jewelry by name with the date purchased
and the quantity on hand; and
(10)
Maintain invoices for the purchase of all purchased presterilized instruments
and jewelry.
Section 7.
Piercing of Minors.
(1) A person shall not:
(a) Perform any body piercing or ear piercing
procedure on a minor without custodial parent or legal guardian consent;
and
(b) In accordance with
KRS
508.125, perform any genital piercing on a
female who is under eighteen (18) years of age.
(2) A minor shall be at least sixteen (16)
years old with custodial parent or legal guardian consent prior to body
piercing, with the exception of piercing the lobe of the ear.
(3) Consent shall be provided by a written
notarized statement that contains an official seal or assigned identification
of notary.
(4) The notarized
statement shall contain:
(a) The printed name
of the custodial parent or legal guardian;
(b) The government issued photo
identification number of the custodial parent or legal guardian;
(c) The address and phone number of the
custodial parent or legal guardian;
(d) The printed name of the minor
child;
(e) The date of birth of the
minor child;
(f) The government
issued photo identification number of the minor child, if applicable;
(g) A statement that the custodial parent or
legal guardian is fully aware of the body piercing procedure and gives their
consent for the procedure to be performed;
(h) The signature of the custodial parent or
legal guardian; and
(i) The date of
the signature of the custodial parent or legal guardian.
(5) The custodial parent or legal guardian
shall complete the attestation requirements of Section 8(3)(g) of this
administrative regulation.
Section
8. Client Information and Records.
(1) Before receiving a body piercing or ear
piercing, the client shall be provided written information that the piercing
poses a risk of infection.
(2)
Before the body piercing or ear piercing, the client shall be provided written,
verbal, or electronic aftercare instructions that include the following
information:
(a) Information on the care of
the site of the piercing;
(b)
Instructions on possible side effects;
(c) Information on any
restrictions;
(d) Information on
signs and symptoms of infection; and
(e) Instructions to consult a physician if
signs and symptoms of infection such as fever, excessive swelling, excessive
redness, or drainage occur.
(3) A record of all clients who have received
any body piercings or ear piercings shall be kept by the studio owner. The
record shall include the following information:
(a) Studio name and registration
number;
(b) The date the procedure
was performed;
(c) Client's name,
date of birth, address, and phone number;
(d)
1. Copy
of client's government issued photo ID, if applicable; or
2. Copy of custodial parent or legal
guardian's government issued photo identification;
(e) Name of the body piercer or ear piercer
who performed each procedure;
(f)
The type, location, and description of the procedure; and
(g) An attestation to the fact that the
client:
1. Is not intoxicated or under the
influence of drugs or alcohol; and
2. Has not ingested an anticoagulant that
thins the blood or interferes with blood clotting within the past twenty-four
(24) hours.
(4) Records of each client shall be
maintained for two (2) years.(5) Client records, consent and other required
records shall be made readily available to inspectors.
Section 9. Disposal of Regulated Wastes. All
wastes produced during the process of body piercing or ear piercing shall be
separated for disposal into two (2) classifications as follows:
(1) Contaminated sharps shall be disposed of
by using a licensed medical waste disposal company; and
(2) Regulated waste shall be bagged, securely
tied, and disposed of daily in a trash container that prevents unauthorized
access. This material shall be disposed of in a site approved by a general
trash hauler.
Section
10. Standard Operating Procedures for Body Piercing.
(1) Sterile jewelry shall be:
(a) Made of implant stainless steel, solid
14K or 18K white or yellow gold, niobium, titanium, or platinum;
(b) Free of scratches, nicks, or irregular
surfaces; and
(c) Internally
threaded or threadless.
(2) Body piercing shall not be performed on
skin that has a rash, pimples, evidence of infection, open lesions, or sunburn,
or manifests any evidence of an unhealthy condition without written clearance
by a licensed medical provider.
(3)
The body piercer shall follow the procedures listed in this section in
preparation for body piercing:
(a) The body
piercer and the client shall not eat, drink, or use tobacco products, an
electronic cigarette, or other vapor producing product in the
workstation;
(b) The body piercer
shall wash hands and forearms prior to and after every procedure;
(c) The body piercer shall wear new clean
disposable examination gloves for every client. If a glove is pierced, torn, or
contaminated in any way, or if there is an interruption in the body piercing,
both gloves shall be removed immediately, discarded, hands and forearms washed,
and new, clean examination gloves used;
(d) The body piercer shall wear clean
clothing;
(e) All instruments,
needles, jewelry, and items to be used in the procedure shall be placed on
plastic film or on a plastic-backed towel;
(f) Only hollow needles shall be used for
body piercing;
(g) Only
presterilized jewelry shall be installed in a fresh piercing;
(h) All single-use disposable items shall be
placed on plastic film or on a plastic backed towel and shall be discarded
after each client including:
1.
Corks;
2. Rubber bands;
3. Skin prepping materials;
4. Marking devices;
5. Dental bibs;
6. Tray covers;
7. Gauze; and
8. Applicators; and
(i) The sharps container and waste receptacle
shall be positioned within easy reach and in a manner to prevent
contamination.
Section
11. Performance of Body Piercing. The body piercer shall use the
procedure in this section when performing a body piercing:
(1) Disinfect the chair or table, and
tray;
(2) Wash hands and
forearms;
(3) Use new disposable
gloves and arrange all instruments and supplies to be used in the procedure on
plastic film or on a clean, disposable plastic-backed towel within easy
reach;
(4) Position the
client;
(5) Clean the skin, mark
the location of the piercing with a new, disposable marking device, and apply
an antiseptic to the area to be pierced;
(6) Remove and discard all materials used to
prep the client, including gloves;
(7) Wash hands and forearms and use new,
clean gloves;
(8) Hold or stabilize
the tissue with sterile instruments only. Pierce the skin using a sterile,
single-use piercing needle;
(9)
Immediately after use, place all needles, snip wires, or any other sharps into
a sharps container;
(10) When the
body piercing is complete, answer any questions regarding the piercing and
provide aftercare instructions to the client; and
(11) Immediately after the client leaves the
workstation, place contaminated instruments into a covered container that is
labeled "contaminated instruments" and disinfect all surfaces that have come
into contact with the client or the client's tissues, including the piercing
tray, chair, or table.
Section
12. Standard Operating Procedures for Limited Ear Piercing.
(1) A limited ear piercing studio shall be
exempt from Sections 5, 9(1), 10, and 11 of this administrative
regulation.
(2) Ear piercing studs
and clasps shall not be used under any circumstances anywhere on the body other
than the lobe of the ear.
(3) An
ear piercer shall:
(a) Be registered in
accordance with Section 2 of this administrative regulation;
(b) Not allow any eating, drinking, or use of
tobacco products, an electronic cigarette, or other vapor producing product in
the area where ear piercing is conducted;
(c) Obtain consent for the procedure in
accordance with Section 7 of this administrative regulation;
(d) Obtain client information in accordance
with Section 8 of this administrative regulation;
(e) Wash their hands and forearms before and
after each piercing is performed;
(f) Wear new, clean disposable gloves for
every client. If a glove is pierced, torn, or contaminated in any way, or if
there is an interruption in the ear piercing, both gloves shall be removed
immediately, discarded, hands and forearms washed, and new, clean examination
gloves used;
(g) Wear clean
clothing;
(h) Load presterilized,
encapsulated cartridges for earrings into the ear piercing instrument without
touching the cartridge, stud, or clasp;
(i) Answer any questions prior to performing
an ear piercing;
(j) Clean the ear
with an antiseptic towelette before the procedure and mark the location of the
piercing with a single use disposable marking pen or a surgical marking pen
sanitized by design such as an iodine-based or alcohol;
(k) Provide the client with instructions
regarding aftercare; and
(l)
Immediately after the client leaves the ear piercing area, thoroughly disinfect
the piercing instrument with an approved disinfectant.
(4) When not in use, the piercing instrument
shall be stored in a cabinet or other place that is protected from dust and
contamination.
Section
13. Standard Operating Procedures for a Mobile Studio.
(1) An application for mobile studio
certificate shall be:
(a) On DFS-200,
Application for Permit or License;
(b) Submitted to the local health department
in the district or county where the mobile studio owner resides; and
(c) Accompanied by a fee of:
1. $400 for the studio with one (1) to four
(4) workstations; and
2. An
additional fifty dollars ($50) for each additional workstation over four
(4).
(2) The
mobile studio certificate shall be:
(a) Valid
for statewide operation;
(b)
Prominently displayed to the public in the mobile studio; and
(c) Nontransferable from one (1) person to
another.
(3) The mobile
studio certificate shall expire December 31 each year.
(4) A late renewal fee of $100 shall be
assessed on each mobile studio registration renewal application not received by
January 31 each year.
(5) If not
currently registered in accordance with Section 2(6) of this administrative
regulation, each body piercer and ear piercer shall be registered with the
local health department in each district or county in which the studio is
operated, and pay the appropriate fees.
(6) The mobile studio shall be used
exclusively for performing body or ear piercing. Habitation, cooking, and
animals, except service animals, shall not be allowed in the mobile
studio.
(7) The mobile studio shall
be inspected by the local health department prior to operation.
(8) Any onboard restroom shall be supplied
with hot and cold running water and shall be supplied with toilet paper, liquid
soap, single-use paper towels from a sanitary dispenser, a covered waste
receptacle, and a self-closing door.
(9) If the vehicle lacks an onboard restroom,
the owner shall not operate the studio unless it is within 200 feet of a public
restroom with handwashing facilities.
(10) All plumbing shall comply with the
requirements of 815 KAR Chapter 20.
(11)
(a)
Each mobile studio shall have a potable water system under pressure.
(b) The system shall be of sufficient
capability to furnish enough hot and cold water for handwashing, instrument
cleaning, and sanitization pursuant to the requirements of this administrative
regulation.
(c) The water inlet
shall be:
1. Located in a position that it
will not be contaminated by waste discharge, road dust, oil, or grease;
and
2. Provided with a transition
connection of a size or type that will prevent its use for any other
service.
(d) All water
distribution pipes or tubing shall be constructed and installed in accordance
with 815 KAR Chapter 20.
(e) Hoses,
if used, shall bear the National Sanitation Foundation potable water (NSF-pw)
mark and be fitted with a backflow prevention device.
(12)
(a)
Each mobile studio shall have a permanently installed retention tank that is at
least fifty (50) percent larger than the potable water supply tank.
(b) Wastewater shall be discharged into a
public sewage system.
(c) Liquid
wastewater shall not be discharged from the retention tank if the mobile studio
is in motion.
(d) All connections
on the vehicle for servicing the mobile studio waste disposal shall be of a
different size or type than those used for supplying potable water to the
mobile studio.
(e) The wastewater
connection shall be located below the water connection to preclude
contamination of the potable water system.
Section 14. Standard Operating Procedures for
a Temporary Permit.
(1) At least thirty (30)
days prior to the event date, the event organizer or studio owner for the event
shall submit to the local health department in the district or county where the
temporary studio is to be located:
(a) A
DFS-200, Application for Permit or License, incorporated by reference in
902 KAR 45:065, accompanied by a
$100 registration fee for each workstation;
(b) A layout of the event floor showing where
body piercing and ear piercing will be performed;
(c) A list of all body piercers and ear
piercers participating in the event that includes:
1. Name of body piercer or ear
piercer;
2. Piercer's date of
birth;
3. Home address;
4. Phone number;
5. Email address;
6. Proof of piercer completion of bloodborne
pathogen training;
7. Studio
name;
8. Studio address;
9. Studio owner name; and
10. Description of body piercing and ear
piercing procedures to be performed at the event; and
(d) A copy of the client consent form to be
used during the event.
(2) The event organizer or studio owner for
the event shall be responsible for ensuring that the event is run in a manner
that is safe for the body piercers, ear piercers, and the general
public.
(3) Each participant who
performs body or ear piercing shall bring enough presterilized instruments and
supplies to last for the whole event.
(4) The event coordinator or studio owner
shall:
(a) Provide a separate cleaning and
sterilization room as a backup, unless only presterilized disposables are used
for the event;
(b) Provide an
approved autoclave that has certification of a negative spore test within
thirty (30) days prior to the event;
(c) Arrange for pickup and disposal of
regulated waste in accordance with Section 9 of this administrative regulation;
and
(d) Ensure the cleaning and
sterilization room, if used, is disinfected at the close of the
event.
(5) The temporary
workstation shall meet the following minimum conditions:
(a) Be at least 5 ft. x 10 ft., and be
constructed in a manner to separate the body and ear piercer from the public in
such a way as to protect the procedure area from contamination, and to prevent
accidental exposure of the public to potentially-infectious materials created
during piercing.
(b) Have a floor
and sides that are smooth, nonporous, and easy to clean;
(c) Have at least 100 foot-candles of light
available at the level where the piercing is conducted;
(d) Be supplied with an adequate supply of
paper or plastic barrier film to protect equipment and any other item that
needs to be protected to prevent cross-contamination; and
(e) Be equipped with a hand-wash facility
that shall be:
1.
a. A portable handwashing station;
or
b. A minimum of a one (1) gallon
container with a lever-type spigot, filled with warm potable water that:
(i) Is placed at least thirty (30) inches off
the floor to allow for easy use;
(ii) Is supplied with a bucket to catch the
wastewater; and
(iii) Has a minimum
reserve of five (5) gallons of warm potable water available; and
2. Is supplied with:
a. Liquid soap; and
b. Single use paper towels from a sanitary
dispenser.
(6) Waste water shall be disposed of into a
public sewerage system, if available. If a public sewerage system is not
available, disposal shall be made into a private system designed, constructed,
and operated pursuant to the requirements of 401 KAR Chapter 5 and 902 KAR
Chapter 10.
Section 15.
Inspection of Studios.
(1) The cabinet or the
local or district health department shall inspect each body piercing studio at
least twice per year and each ear piercing studio once per year and shall make
as many additional inspections and reinspections as are necessary for the
enforcement of this administrative regulation.
(2)
(a) The
cabinet or the local or district health department inspector shall record the
inspection findings for body piercing studios on an inspection report form
DFS-342, incorporated by reference in
902 KAR 45:065.
(b) The inspection report form shall:
1. Summarize the requirements of this
administrative regulation; and
2.
Set forth a weighted point value for each requirement.
(3) The rating score of the studio
shall be the total of the weighted point value for all violations, subtracted
from 100.
(4) The inspector shall
provide the original inspection report to the certificate holder or designee.
The findings shall:
(a) Set forth the specific
violations if found; and
(b)
Establish a period of time for the correction of the violations specified,
pursuant to the provisions established in this paragraph.
1. If the rating score of the studio is
eighty-five (85) or more, all violations of one (1) and two (2) point weighted
items shall be corrected before the next routine inspection.
2. If the rating score of the studio is at
least seventy (70) and not more than eighty-four (84), all violations of one
(1) and two (2) point weighted items shall be corrected within a period not to
exceed thirty (30) days.
3.
Regardless of the rating score of the studio, all violations of three (3) or
four (4) point weighted items shall be corrected within ten (10)
days.
4. If the rating score of the
studio is less than seventy (70), the studio shall be issued a notice of intent
to suspend the studio certification. The certification shall be suspended
within ten (10) days after receipt of the notice unless a written request to an
administrative conference is filed with the local or district health department
within the ten (10) day period.
(5)
(a) The
cabinet or local health department inspector shall record the findings for
limited ear piercing studios on inspection report form DFS-253.
(b) The inspection report form shall
summarize the requirements of this administrative regulation.
(c) The inspector shall provide the original
of the inspection report to the certificate holder or designee.
(d) The findings shall set forth the specific
violations if found.
(e) All
violations shall be corrected within twenty-four (24) hours.
(6) Notices provided for under
this administrative regulation shall be properly served if:
(a) The original inspection report form or
other notice has been delivered personally to the certificate holder or person
in charge; or
(b) The notice has
been sent by registered or certified mail, return receipt requested, to the
last known address of the certificate holder.
(7) Failure to comply with any notice issued
pursuant to the provisions of this administrative regulation may result in
suspension or revocation of the studio certificate or the individual's
registration.
(8) A temporary or
mobile studio shall correct any violative conditions within twenty-four (24)
hours.
Section 16.
Suspension of Studio Certificates or Individual's Registration.
(1) The studio certificate or the
individual's registration shall be suspended immediately upon notice to the
holder if:
(a) The cabinet or the local or
district health department has reason to believe that an imminent public health
hazard exists;
(b) The studio
certificate holder or registered individual has interfered with the cabinet or
the local or district health department in the performance of its duties;
or
(c) An inspection of a studio
reveals a rating score of less than sixty (60).
(2) The studio certificate holder or
individual registration holder whose certificate or registration has been
suspended may request an administrative conference in accordance with
902 KAR 1:400.
(3) The cabinet or the local or district
health department shall notify, in writing, the studio certificate holder or
registered individual who fails to comply with a written notice issued under
the provisions of this section, that the studio certificate or individual's
registration shall be suspended at the end of ten (10) days following service
of this notice unless a request for an administrative conference is
requested.
Section 17.
Revocation of a Studio Certificate or an Individual's Registration.
(1) For serious or repeated violations of any
of the requirements of this administrative regulation, or for interference with
agents of the cabinet or the local or district health department in the
performance of its duties, a studio certificate or an individual's registration
may be permanently revoked.
(2)
Prior to this action, the cabinet or the local or district health department
shall notify the studio certificate holder or registered individual, in
writing, stating the reasons for which the studio certificate or registration
is subject to revocation and advising that the studio certificate or
registration shall be permanently revoked at the end of ten (10) days following
service of the notice, unless a request for an administrative conference is
filed with the cabinet by the certificate or registration holder within the ten
(10) day period.
(3) A studio
certificate or individual registration may be suspended for cause pending its
revocation or an administrative hearing relative to the revocation.
Section 18. Incorporation by
Reference.
(1) DFS-253, "Limited Ear Piercing
Studio Inspection Report", Rev. 01/23, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department
for Public Health, Division of Public Health Protection and Safety, Public
Safety Branch, 275 East Main Street, Frankfort, Kentucky, Monday through
Friday, 8 a.m. to 4:30 p.m. or at
https://www.chfs.ky.gov/agencies/dph/dafm/Pages/lhddocuments.aspx?View=All&Title=Forms%20and%20Documents&Page=1.