Register January 2009 No. 637
Chapter DHS 173
TATTOOING AND BODY PIERCING
DHS 173.01 Authority and purpose.
DHS 173.05 Department fees.
DHS 173.07 Suspension or revocation of license.
DHS 173.08 Appeals of actions by the department.
DHS 173.09 Appeals of actions by agent health departments.
DHS 173.11 Physical facilities and environment.
DHS 173.14 Cleaning and sterilization.
DHS 173.15 Preparation and care of site.
DHS 173.16 Temporary establishments.
Ch. DHS 173 Note
Note:
Chapter HFS 173 was renumbered chapter DHS 173 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 173.01
DHS 173.01
Authority and purpose. This chapter is promulgated under the authority of ss.
252.23 (4),
252.24 (4) and
252.245 (9), Stats., for the purpose of regulating tattooists, tattoo establishments, body piercers and body-piercing establishments in order to protect public health and safety.
DHS 173.01 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.01
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.02(1)(1)
Applicability.
This chapter applies to all tattooists, body piercers, tattoo establishments and body-piercing establishments.
DHS 173.02(2)
(2) Approved comparable compliance. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular tattooist, tattoo establishment, body piercer or body-piercing establishment, the department may approve a modification in that requirement for that person or establishment if the department is provided with satisfactory proof that the grant of a variance will not jeopardize the public's health, safety or welfare.
DHS 173.02 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.02
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.03
DHS 173.03
Definitions. In this chapter:
DHS 173.03(1)
(1) "Agent" means a local health department serving a population greater than 5,000 which is designated by the department under a written agreement authorized by s.
252.245 (1), Stats., to issue licenses to and make investigations or inspections of tattooists, tattoo establishments, body piercers and body-piercing establishments.
DHS 173.03(2)
(2) "Antiseptic" means a chemical that kills or inhibits the growth of organisms on skin or living tissue.
DHS 173.03(3)
(3) "Approved" means acceptable to the department based on its determination of conformance to this chapter and good public health practices.
DHS 173.03(4)
(4) "Autoclave" means an apparatus that is registered and listed with the federal food and drug administration for sterilizing articles by using superheated steam under pressure.
DHS 173.03(5)
(5) "Body pierce," as a verb, means to perforate any human body part or tissue, except an ear, and to place a foreign object in the perforation to prevent the perforation from closing.
DHS 173.03(6)
(6) "Body piercer" means a person who performs body piercing on another person at that person's request.
DHS 173.03(7)
(7) "Body piercing" means perforating any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing.
DHS 173.03(8)
(8) "Body-piercing establishment" means the premises where a body piercer performs body piercing.
DHS 173.03(9)
(9) "Cleaning" means the removal of foreign material from objects, normally accomplished with detergent, water and mechanical action.
DHS 173.03(10)
(10) "Department" means the Wisconsin department of health services.
DHS 173.03(11)
(11) "Disinfectant" means a chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.
DHS 173.03(11m)
(11m) "Establishment" means a body-piercing establishment, a tattoo establishment, or combined tattoo and body piercing establishment.
DHS 173.03(12)
(12) "Hot water" means water at a temperature of 110°F. or higher.
DHS 173.03(13)
(13) "Local health department" means an agency of local government that takes any of the forms specified in s.
250.01 (4), Stats.
DHS 173.03(14)
(14) "Operator" means the owner or person responsible to the owner for the operation of a tattoo or body-piercing establishment.
DHS 173.03(15)
(15) "Patron" means a person receiving a tattoo or body piercing.
DHS 173.03(17)
(17) "Premises" means a building, structure, area or location where tattooing or body piercing is performed.
DHS 173.03(18)
(18) "Sharps waste" means waste that consists of medical equipment or clinical laboratory articles that may cause punctures or cuts, such as hypodermic needles, syringes with attached needles and lancets, whether contaminated, unused or disinfected.
DHS 173.03(19)
(19) "Single-use" means a product or item that is disposed of after one use, such as a cotton swab, a tissue or paper product, a paper or soft plastic cup, or gauze or other sanitary covering.
DHS 173.03(20)
(20) "Sterilization" means the killing of all organisms and spores through use of an autoclave operated at a minimum of 250°F. (121°C.) at pressure of at least 15 pounds per square inch for not less then 30 minutes or through use of an autoclave approved by the department that is operated at different temperature and pressure levels but is equally effective in killing all organisms and spores.
DHS 173.03(21)
(21) "Tattoo," as a verb, means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.
DHS 173.03(22)
(22) "Tattoo establishment" means the premises where a tattooist applies a tattoo to another person.
DHS 173.03(23)
(23) "Tattooist" means a person who tattoos another person at that person's request.
DHS 173.03(24)
(24) "Tempered water" means water ranging in temperature from 85°F. to less than 110°F.
DHS 173.03(25)
(25) "Temporary establishment" means a single building, structure, area or location where a tattooist or body piercer performs tattooing or body piercing for a maximum of 7 days per event.
DHS 173.03 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.03 and am. (10), cr. (11m)
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.04(1)(a)1.1. No person may operate an establishment until the person has obtained a license from the department or its agent by submitting an application under
sub. (3) and paying the applicable fee specified under
s. DHS 173.05. A separate license is required for each establishment.
DHS 173.04 Note
Note: Local health departments that are agents for the department have authority under s.
252.245 (4), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
DHS 173.04(1)(a)2.
2. The operator of an establishment shall notify the department or its agent of the operator's intention to cease operations and shall supply the department with the name and mailing address of any new operator. An establishment license is not transferable. If an operator sells or otherwise transfers ownership or operation of an establishment to another person, a new initial license is required, and the establishment may not be opened to the public until the department has issued a new initial license.
DHS 173.04(1)(b)
(b)
Practitioner. No person may tattoo or body pierce another person, use or assume the title of tattooist or body piercer or designate or represent himself or herself as a body piercer unless the person has obtained a license from the department by application made upon a form furnished by the department under
sub. (3).
DHS 173.04(2)(a)(a) Each establishment and practitioner's license issued under this chapter shall expire on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
DHS 173.04(3)(a)(a)
Initial license. Application for an initial or new practitioner or establishment license shall be made on an application form furnished by the department or its agent and accompanied by all of the following:
DHS 173.04 Note
Note: Local health departments that are agents for the department have authority under s.
252.245 (4), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
DHS 173.04(3)(a)2.
2. Information, as determined by the department or its agent, indicating that the establishment will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the establishment that will protect the health, safety, and welfare of the public.
DHS 173.04 Note
Note: To obtain a copy of the practitioner application form or an establishment application form, or to determine which agent to contact for an application form, write or phone: Bureau of Environmental and Occupational Health (BEOH), P.O. Box 2659, Madison, Wisconsin 53701-2659 (608-266-2835). You may also contact the BEOH at
www.dhs.wi.gov/fsrl.
DHS 173.04(3)(b)1.1. To renew the license of an establishment, the operator shall pay the department, the applicable establishment license fee specified under
s. DHS 173.05 before the license expires. If the payment to renew the license of an establishment is not made to the department before the expiration date of the establishment license, the late fee specified under
s. DHS 173.05 (2) (c) shall be paid in addition to the license fee.
DHS 173.04(3)(b)2.
2. To renew a practitioner's license, the practitioner shall pay the department the fee specified under
s. DHS 173.05 before the license expires.
DHS 173.04 Note
Note: Local health departments that are agents for the department have authority under s.
252.245 (4), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
DHS 173.04(4)
(4) Department and agent action on license application. DHS 173.04(4)(a)(a) The department or its agent shall issue or deny a license within 30 days after receiving a complete application, all applicable fees, and the other information required under
sub. (3).
DHS 173.04(4)(b)
(b) Except as provided in ss.
250.041 and
252.241, Stats., the initial issuance, renewal or continued validity of a license issued under this subsection may be conditioned upon the requirement that the licensee correct a violation of this chapter, s.
252.23 or
252.24, Stats., or ordinances adopted under s.
252.245, Stats., within the period of time specified. If the condition is not met within the specified time or after an extension of time as approved by the department, the license is void. No person may operate an establishment or practice as a tattooist or body piercer after the person's license has been voided under this paragraph, and any person who does may be subject to the penalties under s.
252.25, Stats. A person whose license is voided under this paragraph may appeal the decision under
s. DHS 173.08.
DHS 173.04(4)(c)
(c) The department or its agent may refuse to issue or renew a license to operate an establishment under any of the following circumstances:
DHS 173.04(4)(c)1.
1. The department or its agent has not conducted a preinspection of an establishment for which an initial or new license is required under
sub. (1).
DHS 173.04(4)(c)2.
2. The operator of an establishment has not corrected a condition for which the department or agent has issued a written health or safety–related order.
