Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:065 - Tattooing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				387.010,
				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 tattooing 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 tattooing, tattooing equipment, the control of disease, parental
				consent and age restrictions for tattooing, and other matters necessary to
				protect public health. This administrative regulation establishes the standards
				for tattooing.
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) "Contaminated" is defined by
			 29 C.F.R.
			 1910.1030.
(6) "Contaminated sharps" is defined by
			 29 C.F.R.
			 1910.1030.
(7) "Disinfectant" means a product that is
			 tuberculocidal and registered with the federal Environmental Protection Agency
			 as indicated on the label for use in disinfection.
(8) "Hand washing" 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.
(9) "Instrument" means any tattooing
			 implement that comes into contact with blood or skin to be tattooed such as
			 needles, needle bars, needle tubes, or other implements used to insert
			 pigment.
(10) "Minor" is defined by
			 KRS
			 387.010(1).
(11) "Mobile studio" means a tattooing studio
			 that is designed to be readily movable.
(12) "Purchased presterilized" means
			 procedure set-ups that are sold individually packaged, processed, and marked
			 with a sterilization lot number and expiration date to render them free of all
			 microorganisms.
(13) "Registration"
			 means the issuance of a document by the local health department to a tattoo
			 artist authorizing the tattoo artist to engage in the business of
			 tattooing.
(14) "Regulated waste"
			 is defined by 29 C.F.R.
			 1910.1030.
(15) "Service animal" is defined by
			 28 C.F.R.
			 36.104.
(16) "Sterilization" means a validated
			 process used to render a product free from viable microorganisms.
(17) "Studio" means a facility as defined by
			 KRS
			 211.760(1)(b).
(18) "Studio certificate" means the document
			 issued 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.
(19) "Studio owner" means:
(a) An owner of a facility where tattooing is
			 conducted;
(b) A sole proprietor
			 who performs tattooing; or
(c) A
			 person who employs tattoo artists.
(20) "Tattoo artist" means a person
			 registered by the local health department to engage in tattooing.
(21) "Tattooing" is defined by
			 KRS
			 211.760(1)(c).
(22) "Temporary permit" means a permit to
			 operate at a fixed location for no more than seven (7) calendar days, and that:
(a) Is nontransferable; and
(b) Cannot be renewed for ninety (90) days
			 after the expiration.
(23) "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.