Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:070 - Body piercing and ear piercing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				387.010,
				508.125,
				28 C.F.R.
				36.104,
				29 C.F.R.
				1910.1030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate programs and fulfill the responsibilities vested in the
				cabinet. KRS
				211.760(2) requires
				nonmedical persons who engage in or carry on any business of body piercing to
				register with a local health department.
				KRS
				211.760(3) requires the
				cabinet to promulgate administrative regulations relating to places of business
				that provide body piercing or ear piercing, the equipment used in body piercing
				and ear piercing, the control of disease, parental consent for body piercing or
				ear piercing, the age restrictions for body piercing, and other matters
				necessary to protect public health. This administrative regulation establishes
				the standards for body piercing and ear piercing.
Section 1. Definitions.
(1) "Antiseptic" means a substance applied to
			 the skin that reduces the number of microorganisms.
(2) "Autoclave" means a device intended to
			 sterilize products by means of pressurized steam.
(3) "Blood" is defined by
			 29 C.F.R.
			 1910.1030.
(4) "Bloodborne pathogen training" means
			 training that meets the requirements established in
			 29 C.F.R.
			 1910.1030.
(5) "Body piercer" means a person registered
			 by the local health department to engage in body piercing or ear
			 piercing.
(6) "Body piercing" is
			 defined by KRS
			 211.760(1)(a).
(7) "Contaminated" is defined by
			 29 C.F.R.
			 1910.1030.
(8) "Contaminated sharps" is defined by
			 29 C.F.R.
			 1910.1030.
(9) "Disinfectant" means a product that is
			 tuberculocidal and registered with the federal Environmental Protection Agency
			 as indicated on the label for use in disinfection.
(10) "Ear piercing instrument" or "piercing
			 instrument" means a hand-pressured instrument, which does not make contact with
			 the client, utilizing encapsulated presterilized earrings used exclusively for
			 piercing the lobe of the ear.
(11)
			 "Handwashing" means the act of cleaning the hands for the purpose of removing
			 dirt, soil, or microorganisms through the use of soap, warm water, and
			 friction.
(12) "Instrument" means
			 any body-piercing implement that comes into contact with blood or skin to be
			 pierced, such as needles, needle tubes, forceps, hemostats, tweezers, or other
			 implements used to puncture or pierce the human body.
(13) "Jewelry" means any personal ornament or
			 decoration inserted into a newly-pierced area.
(14) "Limited ear piercing" means piercing
			 only the lobe of the ear with an ear piercing instrument.
(15) "Minor" is defined by
			 KRS
			 387.010(1).
(16) "Mobile studio" means a body-piercing
			 studio that is designed to be readily movable.
(17) "Purchased presterilized" means jewelry
			 or instruments that are sold individually packaged, processed, and marked with
			 a sterilization lot number, and expiration date to render them free of all
			 microorganisms.
(18) "Registration"
			 means the issuance of a document by the local health department to a body
			 piercer or ear piercer authorizing the person named in the document to engage
			 in the business of body piercing or ear piercing.
(19) "Regulated waste" is defined by
			 29 C.F.R.
			 1910.1030.
(20) "Service animal" is defined by
			 28 C.F.R.
			 36.104.
(21) "Sterilization" means a validated
			 process used to render a product free from viable microorganisms.
(22) "Studio" means a facility as defined by
			 KRS
			 211.760(1)(b).
(23) "Studio certificate" means the issuance
			 of a document by the local health department to a studio owner certifying that
			 the studio, after inspection, was in compliance with the applicable provisions
			 of this administrative regulation.
(24) "Studio owner" means:
(a) An owner of a facility where body
			 piercing or ear piercing is conducted;
(b) A sole proprietor who performs body
			 piercing or ear piercing; or
(c) A
			 person who employs body piercers or ear piercers.
(25) "Temporary permit" means a permit to
			 operate at a fixed location for no more than seven (7) calendar days that:
(a) Is nontransferable; and
(b) Cannot be renewed for ninety (90) days
			 after the expiration.
(26) "Ultrasonic cleaner" means a device that
			 transmits high-energy, high-frequency sound waves into a fluid-filled
			 container, used to remove deposits from instruments and appliances.