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.
DHS 173.04(4)(c)3.
3. All applicable fees owed to the department or its agent have not been paid, including the license fee, preinspection fee, reinspection fee, or other applicable fees.
DHS 173.04(4)(c)4.
4. The operator has modified, repaired or maintained the establishment in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.
DHS 173.04(4)(c)5.
5. The operator, license applicant, or licensee has failed to provide the department or its agent with information required under
sub. (3).
DHS 173.04(4)(c)6.
6. The operator or license applicant has violated
ch. 252, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of an establishment.
DHS 173.04(4)(d)
(d) The department may refuse to issue or renew a license to practice as a tattooist or body piercer if the practitioner or applicant for a practitioner's license has violated
ch. 252, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of an establishment or the practice of tattooing or body piercing.
DHS 173.04(4)(e)
(e) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under
s. DHS 173.08.
DHS 173.04(5)
(5) Voided license for failure to pay fees. If a license applicant, operator, or practitioner fails to pay all applicable fees and processing charges under
s. DHS 173.05 within 15 days after the license applicant, operator, or practitioner receives notice of an insufficiency under
s. DHS 173.05, or within 45 days after the expiration of the license, whichever occurs first, the license is void. An operator or practitioner whose license is voided under this subsection may appeal the decision under
s. DHS 173.08. In an appeal concerning a voided license under this subsection, the burden is on the license applicant, operator, or practitioner to show that the entire applicable fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of an establishment, or practice as a tattooist or body piercer, is deemed to be operation or practice without a license and is subject to the fees under
s. DHS 173.05 (2) (e) in addition to the fees otherwise due, unless the license applicant, operator, or practitioner meets its burden of proof under this subsection.
DHS 173.04(7)
(7) Display of license. The operator of an establishment shall display in the establishment, in a place visible to the public, the licenses issued by the department or its agent for the establishment and for all practitioners working in the establishment. A license may not be altered or defaced.
DHS 173.04 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.05(1)
(1)
Fee schedules. The fees listed in Table DHS 173.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 173.05 B shall apply to licenses issued on or after April 1, 2011.
DHS 173.05 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 173.05(2)(a)(a)
Preinspection fee. The operator of an establishment shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table DHS 173.05 A or B to the department before an initial or new license is issued under
s. DHS 173.04.
DHS 173.05(2)(b)1.1. `Establishment'. The operator of an establishment shall, pursuant to
sub. (1), pay the applicable license fee listed in Table DHS 173.05 A or B to the department for each establishment that the operator applies for a license to operate under
s. DHS 173.04 (1) or
(2).
DHS 173.05(2)(b)2.
2. `Practitioner'. A practitioner shall, pursuant to
sub. (1), pay the applicable license fee listed in the Table DHS 173.05 A or B to the department.
DHS 173.05(2)(c)
(c)
Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator shall pay to the department a late fee of $85.00 in addition to the renewal license fee.
DHS 173.05(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of an establishment under
s. DHS 173.06 (1) (b), the operator shall, pursuant to
sub. (1), pay to the department the applicable reinspection fee listed in Table DHS 173.05 A or B. The department shall assess an additional reinspection fee as listed in Table DHS 173.05 A or B, whichever is applicable, for any additional reinspection conducted under
s. DHS 173.06 (1) (b) 4.
DHS 173.05(2)(e)
(e)
Fees for operating without a license. An establishment found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under
s. DHS 173.04 (5). A practitioner found to be practicing without a license shall pay to the department $150, in addition to all applicable fees and any processing charges under
s. DHS 173.04 (5).
DHS 173.05 Note
Note: Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
DHS 173.05(2)(f)
(f)
Duplicate license. The department shall charge the operator or practitioner, as applicable, $15.00 for a duplicate license.
DHS 173.05(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
DHS 173.05(3)
(3) Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under
sub. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
-
See PDF for table 
-
See PDF for table DHS 173.05 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.06(1)(a)(a)
Inspections. Under s.
252.23,
252.24, or
252.245, Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any establishment at any reasonable time, for any of the following purposes:
DHS 173.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the establishment.
DHS 173.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 173.06(1)(b)1.1. The department or its agent may reinspect an establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the establishment.
DHS 173.06(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 173.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 173.05 A or B, or applicable charges as determined by an agent of the department.
DHS 173.06(1)(b)4.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee. The department may order the operator to show just cause why the license should not be suspended or revoked under
s. DHS 173.07.
