Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.16 - Adverse Actions and Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Failure to
			 abide by Iowa Code section
			 10A.531 or this chapter may
			 result in adverse action, including the denial or revocation of a permit, or an
			 order to cease operations until necessary corrective action has been taken. If
			 the establishment continues to be operated in violation of the order of the
			 department, the department may refer the matter to the county attorney or
			 attorney general for injunction, criminal penalties, or other appropriate
			 action.
(2) The following are
			 particular instances that may result in adverse action as set forth in subrule
			 22.16(1):
a. Any material misstatement in the
			 application, renewal, or any supplementary statement.
b. Failure to pay fees in accordance with
			 this chapter.
c. Operation without
			 a current permit.
d. Falsification
			 of records, qualifications, or other information related to permitting
			 approval.
e. Failure to correct any
			 violation identified during an inspection that jeopardizes public
			 safety.
f. 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
			 that may constitute unethical conduct include:
(1) Verbally or physically abusing a
			 patron.
(2) Improper sexual contact
			 with, sexual harassment of, or improper sexual advances upon a patron. Sexual
			 harassment includes sexual solicitation, requests for sexual favors, and other
			 verbal or physical conduct of a sexual nature.
(3) Betrayal of a professional
			 confidence.
(4) Engaging in a
			 professional conflict of interest.
g. Failing to cooperate with an investigation
			 or engaging in conduct attempting to subvert an investigation.
h. Failure to comply with the terms of a
			 department order or the terms of a settlement agreement or consent
			 order.
i. Knowingly aiding,
			 assisting or advising a person to unlawfully practice tattooing.
j. Representing oneself as a tattoo artist
			 when one's permit has been denied, suspended, revoked, lapsed, or placed on
			 inactive status.
k. Mental or
			 physical inability reasonably related to and adversely affecting the tattoo
			 artist's ability to practice in a safe and competent manner.
l. Habitual intoxication or addiction to
			 drugs, including habitual or excessive use of drugs or alcohol that impair a
			 tattoo artist's ability to practice with reasonable skill or safety.
m. Obtaining, possessing, attempting to
			 obtain or possess, or administering controlled substances without lawful
			 authority.
n. Violating a statute
			 of this state or another jurisdiction relating to the provision of tattooing,
			 including but not limited to crimes 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.
o. Having a certification or permit to
			 practice tattooing suspended or revoked, or other disciplinary action taken by
			 a licensing, certifying, or permitting authority in any jurisdiction. A copy of
			 the record or order of suspension, revocation or disciplinary action is
			 conclusive or prima facie evidence.
p. 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.
q.
			 Failure to appropriately respond to written communication from the department
			 sent by registered or certified mail.