Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XXVIII - Commercial Body Art › Chapter 1 - Commercial Body Art Regulation › Section XXVIII-101 - Definitions [formerly paragraph 28:001]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise specifically provided herein, the
				  following words and terms used in this Part and all other Parts which are
				  adopted or may be adopted, are defined for the purposes thereof as
				  follows.
Antiseptic
-an agent that destroys disease
				  causing microorganisms on human skin or mucosa.
Aftercare
-written instructions given to the
				  consumer, specific to the body art procedure(s) rendered, on caring for the
				  body art and surrounding area. These instructions will include information when
				  to seek medical treatment, if necessary.
Body Art
-the practice of physical body
				  adornment by registered establishments and operators utilizing, but not limited
				  to, the following techniques: tattooing, cosmetic tattooing, body piercing,
				  branding and scarification. This definition does not include practices that are
				  considered medical procedures by a state medical board, such as implants under
				  the skin, and shall not be performed in a commercial body art facility. This
				  definition does not include the piercing of the lobe of the ear using
				  pre-sterilized single use stud and clasp ear piercing system.
Body Piercing
-puncturing or penetration of
				  the skin of a person using pre-sterilized single use needles and the insertion
				  of pre-sterilized jewelry or other adornment thereto in the opening, except
				  puncturing the lobe of the ear using a pre-sterilized single use stud and clasp
				  ear piercing system shall not be included in this definition.
Branding
-inducing a pattern of scar tissue
				  development by means of a heated instrument.
Client
-a consumer requesting the
				  application of a tattoo, body piercing services or permanent cosmetic
				  application services
Commercial Body Art Facility
as defined
				  herein and in
				  R.S.
				  40:2831(1)-any location,
				  place, area, or business, whether permanent or temporary, which provides
				  consumers access to personal services workers who for remuneration perform any
				  of the following procedures:
a. tattooing or the insertion of pigment under the surface of
				  the skin of a human being, by pricking with a needle or otherwise, to produce
				  an indelible mark or figure visible under the skin;
b. body piercing or the creation of an opening in the body of
				  a human being for the purpose of inserting jewelry or other decoration; but
				  does not for the purposes of this Part, include piercing an ear with a
				  disposable, single use stud or solid needle that is applied using a mechanical
				  device to force the needle or stud through the ear;
c. the application of permanent cosmetics or pigments under
				  the skin of a human being for the purpose of permanently changing the color or
				  other appearance of the skin, including but not limited to permanent eyeliner,
				  eye shadow, or lip color.
Consumer
-any individual who is provided
				  access to a commercial body art facility which is required to be registered
				  pursuant to the provisions of this Part.
Contaminated Waste
-any liquid or
				  semi-liquid blood or other potentially infectious materials; contaminated items
				  that would release blood or other potentially infectious materials in a liquid
				  or semi-liquid state if compressed; items that are caked with dried blood or
				  other potentially infectious materials and are capable of releasing these
				  materials during handling; sharps and any wastes containing blood and other
				  potentially infectious materials, as defined in 29 Code of Federal Regulations
				  Part 1910.1030 (latest edition), known as "Occupational Exposure to Bloodborne
				  Pathogens."
Disinfection
-the destruction of
				  disease-causing microorganisms on inanimate objects or surfaces, thereby
				  rendering these objects safe for use or handling.
Department
-the Department of Health and
				  Hospitals.
Ear Piercing
-the puncturing of the lobe of
				  the ear using a pre-sterilized single use stud and clasp ear piercing system
				  following manufacturers instructions.
Equipment
-all machinery, including
				  fixtures, containers, vessels, tools, devices, implements, furniture, display
				  and storage areas, sinks and all other apparatus and appurtenances used in
				  connection with the operation of a commercial body art facility.
Hand Sink
-a lavatory equipped with hot and
				  cold running water under pressure, used solely for washing hands, arms or other
				  portions of the body.
Invasive
-entry into the body either by
				  incision or insertion of an instrument into or through the skin or mucosa, or
				  by any other means intended to puncture, break or compromise the skin or
				  mucosa.
Jewelry
-any personal ornament inserted into
				  a newly pierced area, which must be made of surgical implant grade stainless
				  steel, solid 14k or 18k white or yellow gold, niobium, titanium or platinum, a
				  dense, low-porosity plastic and which is free of nicks, scratches or irregular
				  surfaces and which has been properly sterilized prior to use.
Manager
-any individual designated by the
				  owner to manage the daily business of a commercial body art facility.
Operator
-any individual designated by the
				  registrant to apply or to assist in the performance of body art procedures upon
				  the consumer for remuneration. The term includes technicians who work under the
				  operator and perform body art activities.
Owner
-any person who operates a commercial
				  body art facility.
Person
-any natural person, partnership,
				  corporation, association, governmental subdivision, receiver, tutor, curator,
				  executor, administrator, fiduciary, or representative of another person, or
				  public or private organization of any character.
Protective Gloves
-gloves made of vinyl or
				  latex.
Registrant
-any person who is registered
				  with the department as required by
				  R.S.
				  40:2832.
Sanitize
-to adequately treat equipment by a
				  process that is effective in destroying vegetative cells of microorganisms of
				  public health significance, and in substantially reducing numbers of other
				  undesirable microorganisms without adversely affecting the equipment or its
				  safety for the consumer.
Sharps
-any object (sterile or contaminated)
				  that may purposefully or accidentally cut or penetrate the skin or mucosa
				  including, but not limited to, pre-sterilized, single use needles, scalpel
				  blades and razor blades.
Sharps Container
-a puncture-resistant,
				  leak-proof container that can be closed for handling, storage, transportation
				  and disposal and is labeled with the international "biohazard" symbol.
Single Use
-products or items that are
				  intended for one-time, one-person use and are disposed of after use on each
				  client including, but not limited to, cotton swabs or balls, tissues or paper
				  products, paper or plastic cups, gauze and sanitary coverings, razors, piercing
				  needles, scalpel blades, stencils, ink cups and protective gloves.
Sterilization
-a very powerful process
				  resulting in the destruction of all forms of microbial life, including highly
				  resistant bacterial spores.
Tattooing
-any method of placing ink or
				  other pigment into or under the skin or mucosa by the aid of needles or any
				  other instruments used to puncture the skin, resulting in permanent coloration
				  of the skin or mucosa. This includes all forms of cosmetic tattooing.
Temporary Commercial Body Art Facility
-any
				  place or premise operating at a fixed location where an operator performs body
				  art procedures for no more than 14 days consecutively in conjunction with a
				  single event or celebration.
Temporary Demonstration Registration
-the
				  registration issued by the department to a
temporary commercial body
				  art facility
, as defined herein, as required by Chapter 3 of this Part
				  and
				  R.S.
				  40:2832 for a period of time not to exceed 14
				  consecutive calendar days.
Temporary Operator Registration
-the
				  registration issued by the department to an
operator
, as
				  defined herein, to perform body art procedures at a temporary commercial body
				  art facility approved and registered by the department.
Universal Precautions
-a set of guidelines
				  and controls, published by the Center for Disease Control (CDC) as "guidelines
				  for prevention of transmission of human immunodeficiency virus and hepatitis B
				  virus to health-care and public-safety workers" in Morbidity and Mortality
				  Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as "recommendations
				  for preventing transmission of human immunodeficiency virus and hepatitis B
				  virus to patients during exposure-prone invasive procedures," in MMWR, July 12,
				  1991, Vol. 40, No. RR-8. This method of infection control requires the employer
				  and the employee to assume that all human blood and specified human body fluids
				  are infectious for HIV, HBV and other blood pathogens. Precautions include hand
				  washing, gloving, personal protective equipment, injury prevention, and proper
				  handling and disposal of needles, other sharp instruments, and blood and body
				  fluid contaminated products.
AUTHORITY NOTE: The
				  first source of authority for promulgation of the sanitary code is in
				  R.S.
				  36:258(B), with more
				  particular provisions found in Chapters 1 and 4 of Title 40 of the Louisiana
				  Revised Statutes. This Part is promulgated in accordance with the specific
				  provisions of
				  R.S.
				  40:4,
				  R.S.
				  40:5 and
				  R.S.
				  40:2833.