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.
DHS 173.14(1)(a)(a) After each use, tattooing and body-piercing equipment shall be cleaned to remove blood and tissue residue before sterilization.
DHS 173.14(1)(b)
(b) Reusable needles, tubes and body-piercing equipment shall be placed in a covered stainless steel container of cleaning or disinfectant solution until they can be cleaned and sterilized.
DHS 173.14(1)(c)
(c) All containers holding contaminated needles, tubes, reusable body-piercing equipment and container lids shall be cleaned and disinfected at least daily.
DHS 173.14(1)(d)
(d) The tattoo machine shall be cleaned and disinfected before each use.
DHS 173.14(1)(e)
(e) Gloved personnel shall clean needles and tubes prior to sterilization by doing all of the following:
DHS 173.14(1)(e)1.
1. Manually pre-cleaning the items with care taken to ensure removal of residue; thoroughly rinsing the items with warm water and then draining the water; cleaning the items by soaking them in a protein-dissolving detergent-enzyme cleaner used according to manufacturer's instructions; and cleaning the items further in an ultrasonic cleaning unit which operates at 40 to 60 hertz and is used according to the manufacturer's instructions.
DHS 173.14(1)(f)
(f) Prior to autoclaving, all needles and tubes shall be packaged either individually or in quantities appropriate for individual procedures. Packages shall be identifiable and dated.
DHS 173.14(2)(a)(a) Equipment requiring sterilization shall be pressure- sterilized at the establishment in an autoclave and in accordance with the manufacturer's instructions.
DHS 173.14(2)(b)
(b) Each batch of sterilized equipment shall be monitored for sterilization by use of heat-sensitive indicators capable of indicating approximate time and temperature achieved.
DHS 173.14(2)(c)
(c) Autoclaves shall be spore-tested at least monthly. Spore kill test effectiveness shall be conducted by an independent laboratory.
DHS 173.14(2)(d)
(d) Sterilized equipment shall be wrapped or covered and stored in a manner which will ensure that it will remain sterile until used.
DHS 173.14(2)(e)
(e) Each tattoo or body-piercing establishment shall maintain sterilization records including spore tests for at least one year from the date of the last entry, which shall include the following information:
DHS 173.14(2)(f)
(f) Sterilized equipment shall be re-sterilized if the package is opened, damaged or becomes wet.
DHS 173.14(2)(g)
(g) All methods of sterilization other than autoclaving are prohibited.
DHS 173.14 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.09
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.15
DHS 173.15
Preparation and care of site. DHS 173.15(1)
(1)
Preparation by practitioner. Before beginning a procedure, the tattooist or body piercer shall clean the skin area for the tattooing or piercing and then prepare it with an antiseptic. The solution shall be applied with cotton, gauze or single-use toweling.
DHS 173.15(2)
(2) Care instructions for patron. After completing a procedure, the tattooist or body-piercer shall provide the patron with oral and written instructions on the care of the tattoo or pierce.
DHS 173.15 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.10
Register January 2009 No. 637, eff. 2-1-09.
DHS 173.16
DHS 173.16
Temporary establishments. In addition to requirements under
ss. DHS 173.01 to
173.15 that apply to all establishments, the following requirements apply specifically to temporary establishments:
DHS 173.16(1)(a)(a) No temporary establishment may be operated without a license granted by the department or its agent. Application for a temporary license shall be made under
s. DHS 173.04 (1).
DHS 173.16(1)(b)
(b) No temporary license may be issued without a prior inspection.
DHS 173.16(1)(c)
(c) A temporary establishment's license along with the license of each on-staff tattooist or body piercer shall be conspicuously displayed in the temporary establishment.
DHS 173.16(1)(d)
(d) An operator of a temporary establishment whom the department or its agent has found to repeatedly violate any provision of this chapter may be denied a license to operate the establishment or may have the license revoked.
DHS 173.16(2)
(2) Water. A temporary establishment shall have all of the following:
DHS 173.16 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.11, am. (intro.)
Register January 2009 No. 637, eff. 2-1-09; correction made in (1) (a) under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 173.17
DHS 173.17
State fees. Pursuant to s.
252.245 (9), Stats., a local health department serving as an agent of the department for purposes of administering this chapter shall include a state fee in each fee the agent establishes for a license issued under this chapter. The state fee shall be 10% of the department's license fee established under
s. DHS 173.05 (2) (b) 1., and shall be forwarded to the department.
DHS 173.17 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.13 and am.
Register January 2009 No. 637, eff. 2-1-09.
