DHS 173.06(2)(b)
(b) If the order to correct a violation is not carried out by the expiration of the time period stated in the order, or any extension of time granted by the department or agent, the department or agent may suspend or revoke the license to operate the establishment.
DHS 173.06(2)(c)
(c) Any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under
s. DHS 173.08.
DHS 173.06(3)(a)(a) As provided under ss.
227.51 (3) and
250.04 (1) and
(2) (a), Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 173.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 173.06(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
DHS 173.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator, establishment, or practitioner, as applicable. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery. A temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 173.06(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in
subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 173.06(3)(c)
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in
par. (b) 1., shall provide written notice of the findings to the operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 173.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 173.08 within 15 days after issuance of the notice.
DHS 173.06(3)(d)
(d) Pursuant to s.
252.25, Stats., any person who willfully violates or obstructs a departmental order 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 173.06 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.07
DHS 173.07
Suspension or revocation of license. The department may, after a hearing under
s. DHS 173.08, suspend or revoke a license for violation of s.
252.23 or
252.24, Stats., this chapter, or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under
s. DHS 173.08 (1).
DHS 173.07 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; correction made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 173.08
DHS 173.08
Appeals of actions by the department. DHS 173.08(1)(a)
(a) Except as specified under
sub. (2) or
(3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under
s. DHS 173.06 (1) (b) 4. or
(2), shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
DHS 173.08(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
DHS 173.08(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
DHS 173.08(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 173.08 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 173.08(2)
(2) As a condition for requesting a hearing to appeal the voiding of a license, a license applicant or operator, or practitioner, as applicable, shall comply with
sub. (4). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees and processing charges have been paid.
DHS 173.08(3)
(3) A request for hearing on a temporary order given by the department under
s. DHS 173.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the appellant agree to a later date, the immediate danger to health is removed, the order is not contested or the appellant and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 173.08(3)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 173.08 Note
Note: A request for a hearing under sub. (3) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu), Stats.
DHS 173.08(4)
(4) If the department voids a license under
s. DHS 173.04 (5), for failure to pay fees, the licensee shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 173.08 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.09
DHS 173.09
Appeals of actions by agent health departments. If an agent issues licenses directly under s.
252.245, Stats., the agent shall create enforcement and appeal procedures in accordance with s.
66.0417, Stats., which shall supersede enforcement and appeal procedures under
s. DHS 173.08 (2) and
(4).
DHS 173.09 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.10(1)(a)(a) Consent. A tattooist or body piercer may not tattoo or body pierce a patron without first obtaining the signed, informed consent of the person on a form approved by the department.
DHS 173.10 Note
Note: To obtain a copy of an approved consent form, which may be reproduced, write: Bureau of Public Health, P. O. Box 309, Madison, Wisconsin 53701.
DHS 173.10(1)(b)2.
2. No person age 16 or 17 may be body pierced unless an informed consent form has been signed by his or her parent or legal guardian in the presence of the operator.
DHS 173.10(1)(b)3.
3. No person under 18 years of age may be tattooed except by a physician in the course of the physician's professional practice, as permitted under s.
948.70 (3), Stats.
DHS 173.10(1)(b)4.
4. A body-piercing establishment shall post a notice in a conspicuous place in the establishment stating that it is illegal to body pierce a person under the age of 18 without the signed, informed consent of that person's parent or legal guardian.
DHS 173.10(1)(b)5.
5. A tattoo establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of 18 may be tattooed.
DHS 173.10(1)(c)
(c) Barriers to procedure. A tattooist or body piercer may not tattoo or body pierce any of the following:
DHS 173.10(1)(c)1.
1. A person who appears to be under the influence of alcohol or a mind-altering drug.
DHS 173.10(1)(c)2.
2. A person who has evident skin lesions or skin infections in the area of the procedure.
DHS 173.10(2)
(2) Record. Every tattooist and body piercer shall keep a record of each patron. A patron's record shall include the patron's name, address, age and consent form, the name of the practitioner doing the procedure and any adverse effects arising from the procedure. A patron's record shall be retained for a minimum of 2 years following completion of the procedure.
DHS 173.10 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.05
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.11
DHS 173.11
Physical facilities and environment. DHS 173.11(1)(1)
Floors. Floors in the area where tattoo or body-piercing procedures are performed shall be constructed of smooth, durable and non-porous material and shall be maintained in a clean condition and in good repair. Carpeting is prohibited.
DHS 173.11(2)
(2) Walls and ceilings. Walls and ceilings in the area where tattoo and body-piercing procedures are performed shall be light-colored, smooth and easily cleanable.
DHS 173.11(3)
(3) Lighting. Tattoo and body-piercing application areas shall maintain a minimum illumination of 50 footcandles.
DHS 173.11(4)
(4) Premises. The premises and all facilities used in connection with the premises shall be maintained in a clean, sanitary and vermin-free condition.
DHS 173.11(5)
(5) Living areas. Tattoo and body-piercing areas shall be completely separated from any living quarters by floor-to-ceiling partitioning and solid doors which are kept closed during business hours. A direct outside entrance to the tattoo or body-piercing establishment shall be provided.
DHS 173.11(6)(a)(a) All tattoo and body-piercing establishments shall have a public toilet and handwashing facility which is separated from any living area.
DHS 173.11(6)(b)
(b) Toilet room fixtures shall be kept clean and in good repair. An easily cleanable covered waste receptacle shall be provided in the toilet room.
DHS 173.11(7)(a)(a) At least one handwashing facility shall be conveniently located in the tattoo or body-piercing area, in addition to what is provided in the toilet room.
DHS 173.11(7)(b)
(b) Anti-bacterial soap in a dispenser and single-service towels for drying hands shall be provided at all handwashing facilities.
DHS 173.11(7)(c)
(c) Hot and cold potable water under pressure shall be available at all handwashing facilities except that tempered water rather than hot water may be provided.
DHS 173.11(8)
(8) Refuse. Easily cleanable waste containers with non-absorbent, durable plastic liners shall be used for disposal of all tissues, towels, gauze pads and other similar items used on a patron. Infectious waste, including sharps waste, shall be stored and disposed of in an approved manner consistent with subch.
II of ch. NR 526.
DHS 173.11(9)
(9) Equipment storage. Instruments, dyes, pigments, stencils and other tattoo and body-piercing equipment shall be stored in closed cabinets exclusively used for that purpose.
DHS 173.11(10)
(10) Privacy. A panel or other barrier of sufficient height and width to effectively separate a patron on whom a procedure is being performed from any unwanted observers or waiting patrons shall be in place or readily available at the patron's request.
DHS 173.11(11)
(11) Smoking and eating prohibited in area of procedure. No smoking or consumption of food or drink is permitted in the area where a tattoo or body-piercing procedure is performed, except that clients may consume a non-alcoholic beverage during the procedure.
DHS 173.11(12)
(12) Animals prohibited in establishment. No animals, except for those that provide services to persons with disabilities, are permitted in a tattoo or body-piercing establishment.
DHS 173.11 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.06
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.12(1)(1)
Absence of skin condition. No tattooist or body piercer with an exposed rash, skin lesion or boil may engage in the practice of tattooing or body piercing.
DHS 173.12(2)
(2) Restriction. No tattooist or body piercer may work while under the influence of alcohol or a mind-altering drug.
DHS 173.12(3)(a)(a) Tattooists and body piercers shall thoroughly wash their hands and the exposed portions of their arms with dispensed soap and tempered water before and after each tattoo or body-piercing procedure and more often as necessary to keep them clean.
DHS 173.12(3)(b)
(b) Tattooists and body piercers shall dry their hands and arms with individual single-service towels.
DHS 173.12(3)(c)
(c) Tattooists and body piercers shall maintain a high degree of personal cleanliness and shall conform to good hygiene practices during procedures.
DHS 173.12(4)
(4) Clothing. All tattooists and body piercers shall wear clean, washable outer clothing.
DHS 173.12(5)(a)(a) When preparing the skin and during a procedure, a tattooist or body piercer shall wear non-absorbent gloves which shall be disposed of after completing the procedure.
DHS 173.12(5)(b)
(b) If interrupted during a procedure, a tattooist or body piercer shall rewash his or her hands and put on new gloves if the interruption required use of hands.
DHS 173.12(5)(c)
(c) Tattooists shall use single-use plastic covers to cover spray bottles or other reusable accessories to minimize the possibility of transmitting body fluids or disease during application of tattoos to successive patrons.
DHS 173.12(5)(d)
(d) Disposable-type razors shall be for single-use only and disposed of in accordance with
ch. NR 526. Electric razors used for skin preparation prior to a procedure shall have screens cleaned and disinfected between patron use.
DHS 173.12(5)(e)
(e) Body-piercing needles shall be disposable, sterile and for single-patron use only. Tattoo needles may be reused if cleaned, sterilized and stored in an approved manner between patrons. Body piercing jewelry shall be cleaned, individually packaged and sterilized prior to use.
DHS 173.12 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.07
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.13(1)(1) All surfaces, counters and general-use equipment in the tattoo or body-piercing area shall be cleaned and disinfected before a patron is seated.
DHS 173.13(2)
(2) All inks and pigments shall be obtained from sources generally recognized as safe. Information indicating the sources of all inks and pigments shall be available to the department or agent upon request. Sterile single-use or sterile individual containers of pigment or ink shall be used for each patron. No pigment or ink in which needles were dipped may be used on another person. Pigment and ink cups shall be for single-patron use. All bulk materials used for the procedure shall be dispensed with single-use utensils. The remainder of dispensed portions shall be disposed of after application.
DHS 173.13(3)
(3) Needles, bars and tubes shall be constructed in a manner that permits easy cleaning and sterilizing.
DHS 173.13 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.08
Register January 2009 No. 637, eff. 2-1-09.
