Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.17 - Adverse Actions and the Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 may deny an application for a permit, revoke a permit, order that a tattoo
			 establishment not be operated, order a tattoo artist to cease engaging in the
			 practice of tattooing, or refer the case to the office of the county attorney
			 or attorney general for possible criminal penalties when the department finds
			 that an establishment is not operated in accordance with these rules or that a
			 permitted person or a person who is not permitted has committed any of the
			 following acts:
a. Any material misstatement
			 in the application or in any supplementary statement.
b. Any material misstatement in the renewal
			 application or in any supplementary statement received upon renewal.
c. Failure to pay the required renewal fee or
			 late fee.
d. Failure to submit a
			 complete, legible, and accurate renewal application form before the end of the
			 renewal period.
e. Any condition
			 revealed by an inspection of the applicant, the application, or supplementary
			 statement received upon renewal.
f
			 Falsification of approval records, qualifications, or other information or
			 documentation related to permitting approval.
g. Any violation or failure to observe any of
			 the applicable terms or provisions of permitting, public health law, or any
			 other applicable rule, ordinance, regulation, code or order.
h. Failure to correct any violation of
			 department rules that was found during an inspection or any violation found on
			 an initial inspection which, as determined by the department, jeopardizes the
			 safety of the public.
i. Knowingly
			 making misleading, deceptive, untrue or fraudulent representations in the
			 practice of the profession or engaging in unethical conduct or practice harmful
			 or detrimental to the public. Proof of actual injury need not be established.
			 Acts which may constitute unethical conduct include, but are not limited to:
(1) Verbally or physically abusing a
			 patron.
(2) Improper sexual contact
			 with or making suggestive, lewd, lascivious or improper remarks or advances to
			 a patron.
(3) Betrayal of a
			 professional confidence.
(4)
			 Engaging in a professional conflict of interest.
(5) Falsification of records.
j. Engaging in any conduct that
			 subverts or attempts to subvert a department investigation.
k. Failure to comply with a subpoena issued
			 by the department or failure to cooperate with an investigation of the
			 department.
l. Failure to comply
			 with the terms of a department order or the terms of a settlement agreement or
			 consent order.
m. Knowingly aiding,
			 assisting or advising a person to unlawfully practice tattooing.
n. Representing oneself as a tattoo artist
			 when one's permit has been denied, suspended or revoked, or when one's permit
			 is lapsed or has been placed on inactive status.
o. Permitting the use of a permit by a
			 nonpermitted person for any purpose.
p. Mental or physical inability reasonably
			 related to and adversely affecting the tattoo artist's ability to practice in a
			 safe and competent manner.
q. Being
			 adjudged mentally incompetent by a court of competent jurisdiction.
r. Sexually harassing a patron. Sexual
			 harassment includes sexual advances, sexual solicitation, requests for sexual
			 favors, and other verbal or physical conduct of a sexual nature.
s. Habitual intoxication or addiction to
			 drugs.
(1) The inability of a tattoo artist to
			 practice with reasonable skill and safety by reason of the excessive use of
			 alcohol on a continuing basis.
(2)
			 The excessive use of drugs which may impair a tattoo artist's ability to
			 practice with reasonable skill or safety.
(3) Obtaining, possessing, attempting to
			 obtain or possess, or administering controlled substances without lawful
			 authority.
t. Fraud in
			 representation as to skill, ability, or certification.
u. Violating a statute of this state, another
			 state, or the United States, without regard to its designation as either a
			 felony or misdemeanor, which relates to the provision of tattooing, including
			 but not limited to a crime involving dishonesty, fraud, theft, embezzlement,
			 controlled substances, substance abuse, assault, sexual abuse, sexual
			 misconduct, or homicide. A copy of the record of conviction or plea of guilty
			 is conclusive evidence of the violation.
v. Having certification or permit to practice
			 tattooing suspended or revoked, or having other disciplinary action taken by a
			 licensing, certifying, or permitting authority of this state or another state,
			 territory or country. A copy of the record or order of suspension, revocation
			 or disciplinary action is conclusive or prima facie evidence.
w. Acceptance of any fee by fraud or
			 misrepresentation.
x. Failure to
			 comply with standard precautions for preventing transmission of infectious
			 diseases as issued by the Centers for Disease Control and Prevention of the
			 United States Department of Health and Human Services.
y. Failure to respond within 30 days of
			 receipt, unless otherwise specified, of communication from the department which
			 was sent by registered or certified mail.