Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 797 - BODY ART CODE › Section 797.400 - Operational Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) It
			 shall be unlawful for any person to perform body art procedures unless such
			 procedures are performed in a body art establishment with a current certificate
			 of registration.
b) A body
			 artist/apprentice shall be a minimum of 18 years of age.
c) Eating or drinking by anyone other than a
			 client is prohibited in the area where body art is performed.
d) Smoking is prohibited in the body art
			 establishment.
e) Body art
			 procedures must not be performed, without medical clearance, on skin surfaces
			 where sunburn, rash, acne, infection, open lesions, or other questionable skin
			 lesions exist and must not be performed on any person who is impaired by drugs
			 or alcohol. (Section 27 of Act) Medical clearance must be in the form of a
			 written and signed statement by a physician.
f) The body artists/apprentice shall maintain
			 a high degree of personal cleanliness, conform to good hygienic practices, and
			 wear clean clothes when performing body art procedures. Before performing body
			 art procedures, body artists/apprentices shall thoroughly wash their hands for
			 a minimum of 20 seconds in tempered running water with liquid soap, then rinse
			 hands and dry with disposable paper towels. This shall be done as often as
			 necessary to remove contaminants.
g) In performing body art procedures, the
			 body artist/apprentice shall wear single-use medical grade gloves. Gloves shall
			 be changed if they become contaminated by contact with any non-clean surfaces
			 or objects or by contact with a third person. The gloves shall be discarded, at
			 a minimum, after the completion of each procedure on an individual client, and
			 hands shall be washed before the next pair of gloves is donned. Under no
			 circumstances shall a single pair of gloves be used on more than one person.
			 The use of single-use, medical grade gloves does not preclude or substitute for
			 hand-washing procedures as part of a good personal hygiene program.
h) If, while performing a body art procedure,
			 the body artist's/apprentice's glove is pierced, torn or otherwise compromised,
			 the procedure in subsection (f) shall be repeated immediately. The contaminated
			 gloves shall be immediately discarded, and the hands washed thoroughly (see
			 subsection (e)) before a fresh pair of gloves is applied. Any item or
			 instrument used for body art that is contaminated during the procedure shall be
			 replaced immediately with a new disposable item or a new sterilized instrument
			 or item before the procedure resumes.
i) Regulated waste that may release liquid
			 blood or body fluids when compressed, or may release dried blood or body fluids
			 when handled, shall be placed in an approved bag marked with the international
			 biohazard symbol. The regulated waste shall then be disposed of in compliance
			 with
			 29 CFR
			 1910.1030. Sharps ready for disposal shall be
			 disposed of in approved sharps disposal containers. Storage of regulated waste
			 on site shall comply with the regulations in
			 29 CFR
			 1910.1030, and storage of regulated waste
			 awaiting pick-up shall not exceed 30 days.
j) Waste that does not release liquid blood
			 or body fluids when compressed or does not release dried blood or body fluids
			 when handled may be placed in a covered receptacle and disposed of through
			 normal disposal methods.
k) No
			 person shall perform any tattoo procedure upon a person under the age of 18
			 years that is prohibited by Sections 12-10 through 12-10.2(c) of the Criminal
			 Code of 1961. Age verification shall be obtained by government issued
			 identification containing a birth date and photograph. In any procedure other
			 than tattooing, the parent or legal guardian shall sign a consent form in the
			 presence of an operator/body artist. The consent form shall indicate that the
			 parent or legal guardian has read and understood the disclosure warning
			 statement required under Section
			 797.600(c).
l) Before the oral cavity of a person under
			 18 years of age may be pierced, the written consent form signed by the parent
			 or legal guardian must contain a provision in substantially the following form:
I understand that the oral piercing of the tongue, lips,
				cheeks, or any other area of the oral cavity carries serious risk of infection
				or damage to the mouth and teeth, or both infection and damage to those areas,
				that could result in but is not limited to nerve damage, numbness, and life
				threatening blood clots. (Section 12-10.1 of the Criminal Code of 1961)
m) Any skin or mucosal surface
			 that is to receive a body art procedure shall be free of rash, irritation or
			 any visible infection.
n) No body
			 artist/apprentice affected with boils, infected wounds, open sores, abrasions,
			 weeping dermatological lesions or acute respiratory infection, possibly
			 manifested by fever, chills and/or a chronic productive cough, shall work in
			 any area of a body art establishment in any capacity in which that person could
			 contaminate body art equipment, supplies or working surfaces with body
			 substances or pathogenic organisms.
o) Any body artist can refuse service to any
			 individual, at any time, and for any reason.