New Jersey Administrative Code › Title 8 - HEALTH › Chapter 27 - BODY ART AND EAR-PIERCING FACILITY STANDARDS › Subchapter 1 - GENERAL PROVISIONS › Section 8:27-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise:
"Adverse reaction" means a negative physiological response to a
				  body art or ear-piercing procedure, such as an injury, rash, infection, or
				  allergy.
"After-care instruction" means direction and information that a
				  practitioner gives to a client following the performance of a body art or
				  ear-piercing procedure, in both spoken and printed form, which are specific to the
				  procedure performed, and which identify:
1. Client responsibilities and procedures for care of the body art
				  or ear piercing and the surrounding area;
2. Physical, cosmetic, and/or other restrictions;
3. Indicators of infection and other adverse reactions, upon the
				  appearance of which a client should seek medical treatment; and
4. With respect to body piercing, the need to maintain the
				  tightness of the balls attached to barbell studs to prevent:
i. The client's ingestion of the jewelry; and/or
ii. The imbedding of jewelry into a client's skin or mucosal
				  linings.
"Alliance of Professional Piercers," means the entity by that name
				  for which the contact information is PO Box 1287, Lawrence, KS 66044, telephone:
				  (785) 841-6060, website:
http://safepiercing.org
.
"Alliance of Professional Tattooists, Inc.," means the entity by
				  that name for which the contact information is 7770 Regents Rd., Suite 113, #635,
				  San Diego, CA 92122, telephone: (816) 979-1300, website:
http://safetattoos.com
.
"American Academy of Micropigmentation" means the entity by that
				  name for which the contact information is 11641 Sherman Way, North Hollywood, CA
				  91605, telephone (310) 882-9538, website
http://micropigmentation.org
.
"American Conference of Governmental Industrial Hygienists"
				  (ACGIH) means that private nonprofit organization which, for the purposes of this
				  chapter, provides technical materials and expertise and is located at 1330 Kemper
				  Meadow Drive, Cincinnati, Ohio 45240.
"Antiseptic" means an agent that destroys disease-causing
				  microorganisms on human skin or mucosa.
"Apprentice" means any person that performs the art of tattooing,
				  permanent cosmetics and/or body piercing under the direct supervision of a
				  practitioner in order to learn body art procedures.
"Approved" means written acceptance by the New Jersey State
				  Department of Health and Senior Services.
"Areola restoration" means a body art procedure that a permanent
				  cosmetics practitioner performs, typically following lumpectomy, mastectomy, breast
				  augmentation surgery, and/or breast reconstruction surgery, to:
1. Simulate an areola and/or nipple or establish another image at
				  the current or former site of an areola;
2. Address asymmetry or other aesthetic irregularity;
3. Camouflage post-surgical scarring; and/or
4. Restore the preoperative appearance of a breast.
"Biological indicator" means a standardized viable population of
				  microorganisms known to be resistant to the mode of sterilization being
				  monitored.
"Bloodborne pathogens standard" means
				  29 CFR 1910.1030,
				  and includes interpretations thereof, established in applicable "Standard
				  Interpretations" that the United States Department of Labor, Occupational Safety and
				  Health Administration issues, which are available at
http://www.osha.gov/laws-regs/standardinterpretations/standardnumber/1910/1910.1030%20-20Index/result
.
"Body art" means the practice of physical body adornment using the
				  following techniques, but does not include ear piercing:
1. Body piercing;
2. Tattooing; and
3. Permanent cosmetics.
"Body art establishment" means any place or premises, whether
				  public or private, temporary or permanent in nature or location, where the practices
				  of body art, whether or not for profit, are performed.
"Body piercing" means puncturing or penetration of the skin of a
				  person using pre-sterilized single use needles and the insertion of pre-sterilized
				  or disinfected jewelry or other adornment thereto in the opening.
"Branding" means the application of a heated material (usually
				  metal) to the skin, creating a serious burn that eventually results in a
				  scar.
"Camouflage" means a body art procedure that a permanent cosmetics
				  practitioner performs to restore by pigment insertion the appearance of skin that
				  has been altered by:
1. An injury (such as scarring resulting from an accident, a burn,
				  or a communicable disease, such as varicella or measles);
2. A clinical condition (such as pigment loss resulting from
				  vitiligo); and/or
3. The clinical treatment of an injury, an illness, or a clinical
				  condition (such as scarring that results from surgery or the application of hair
				  transplants, and hyperpigmentation that results from chemotherapy).
"Chemical integrator" means a chemical or physical device designed
				  to provide an integrated response to various defined combinations of temperature,
				  time, and the presence of steam.
"Clean" or "cleanliness" means the absence of soil and
				  dirt.
"Communicable disease" means "communicable disease" as N.J.A.C.
				  8:57 defines that term.
"Concealment" means a body art procedure that a tattoo or
				  permanent cosmetics practitioner performs to change the appearance of an atypical
				  area of skin or existing body art by covering the area with patterns, pictures, or
				  legends; provided a tattoo artist shall not perform concealment to restore the
				  appearance of skin altered by an injury, an illness, or the treatment thereof, that
				  is, to perform camouflage.
"Contaminated waste" means 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,
				  N.J.A.C. 7:26-3A.
"Cutting" (also known as scarification) means creating a design by
				  cutting skin or other soft tissue to leave a scar, using acid, a sharp blade, a
				  knife, or another chemical, implement, or device the manufacturer of which neither
				  designed nor intended for the purpose of performing body art.
1. In "cutting," one might rub pigment or another substance into
				  the cut skin, leaving a colored or raised scar.
2. The term "cutting" does not include microblading.
"Disinfection" means the destruction of disease-causing
				  microorganisms on inanimate objects or surfaces, thereby rendering these objects
				  safe for use or handling.
1. Disinfection for purposes of preparing jewelry for body
				  piercing consists of:
i. Thorough cleaning of the jewelry in an ultrasonic
				  cleaner;
ii. Soaking the jewelry in a solution of 70 percent to 90 percent
				  isopropyl alcohol for 15 minutes; and
iii. Allowing the jewelry to air dry prior to packaging.
"Ear piercing" means the puncturing of the ear lobe and the
				  trailing edge of the ear using a pre-sterilized single-use, stud-and-clasp
				  ear-piercing system following the manufacturer's instructions.
"Emancipated minor" means a person under 18 years of age that has
				  been freed from the legal authority, care, custody, and control of another by the
				  effect of a written law or court order.
"Equipment" means 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
				  body art establishment.
"Establishment" means a physical place of business that is
				  permanent in nature, and includes all areas used by persons performing body art or
				  ear piercing and their clients, including, but not limited to, treatment areas and
				  waiting/reception areas.
"Hand-sink" means a fixture equipped with hot and cold running
				  water under pressure, used solely for washing hands, arms or other portions of the
				  body.
"Hand Hygiene Guideline" means CDC,
Guideline for Hand
				  Hygiene in Health-Care Settings: Recommendations of the Healthcare Infection Control
				  Practices Advisory Committee and the HICPAC/SHEA/APIC/IDSA Hand Hygiene
Task Force, MMWR 2002;51(16)(RR16):1-44, incorporated herein by reference, as
				  amended and supplemented, and available at
http://www.cdc.gov/handhygiene/providers/guideline.html
.
"Health authority" means a registered environmental health
				  specialist or health officer representing the Department or a local health agency
				  with jurisdiction.
"Health care provider" means a physician or physician assistant
				  licensed by the State of New Jersey pursuant to Title 45 of the Revised Statutes who
				  is acting within the licensee's applicable scope of practice, as determined by the
				  applicable licensing board.
"High level disinfection" means a process that kills vegetative
				  bacteria, tubercle bacillus, fungi, lipid and non-lipid viruses and bacterial
				  spores.
"HIV" means human immunodeficiency virus, in accordance with the
				  Revised Surveillance Case Definition at
http://www.cdc.gov/mmwr/preview/mmwrhtml/rr6303a1.htm
.
"Hot water" means water which attains and maintains a temperature
				  between 95 degrees and 110 degrees Fahrenheit.
"Implant" means any object implanted fully under the skin.
"Instruments" means body art equipment. Such equipment includes,
				  but is not limited to, hand pieces, piercing needles, needle bars, insertion tapers,
				  forceps, hemostats, tweezers, or other implements used to pierce, puncture or be
				  inserted into any part of the human body for the intended purpose of making a
				  permanent hole; or may come in contact with a client's body or possible exposure to
				  bodily fluids during body art procedures. Such equipment also includes studs, hoops,
				  rings or other decorative jewelry, materials or apparatuses inserted in any part of
				  the human body for the intended purpose of placement in the hole resulting from
				  piercing.
"Invasive" means 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" means any personal ornament inserted into a newly
				  pierced area, and may be made of surgical implant grade stainless steel, solid 14
				  karat or 18 karat white or yellow gold, niobium, titanium, platinum, glass or a
				  dense, low-porosity plastic.
"Legal guardian" means an individual who, by legal appointment or
				  by the effect of a written law, has been given custody of a minor or adult.
"Lip" means either of the two fleshy parts or folds that surround
				  the mouth or oral cavity and are used for human speech.
"Low level disinfectant" means a process that kills most
				  vegetative bacteria, some fungi, and some viruses, but cannot be relied on to kill
				  resistant microorganisms such as mycobacteria or bacteria spores.
"Medical grade gloves" means a Food and Drug Administration (FDA)
				  Class I medical device made of natural rubber, vinyl or synthetic material (that is,
				  neoprene, polyvinyl chloride, styrene butadiene) that is worn to prevent
				  contamination between client and practitioner.
"Measure of pH" or "pH" means the acidity or alkalinity of a
				  solution relative to the pH scale.
"Medical gloves" means gloves that are a "device" within the
				  meaning of that term at Department 201(h) of the Federal Food, Drug, and Cosmetic
				  Act,
				  21 U.S.C. §
										321(h), and that comport with the
				  medical device standards at 21 CFR Parts 878, 880, and 895 for surgeons' gloves and
				  patient examination gloves.
1. Pursuant to a Final Rule of the Food and Drug Administration of
				  the United States Department of Health and Human Services, the following are banned
				  devices: powdered surgeons' gloves, powdered patient examination gloves, and
				  absorbable powder for lubricating surgeons' gloves. 81 FR 91722 (published December
				  19, 2016; effective January 18, 2017), available at
http://www.federalregister.gov/d/2016-30382
.
"Microblading" means a permanent cosmetics procedure performed by
				  a qualified permanent cosmetics practitioner or apprentice at a permanent cosmetics
				  establishment, using a configuration of needles attached to a handle, often
				  described as a blend between a scalpel and a fine-toothed comb, to manually create
				  small cuts that resemble eyebrow hairs, which are then filled in with pigment to
				  achieve the appearance of fuller brows, and as further described in the National
				  Environmental Health Association, Policy Statement on Microblading (Denver, CO, July
				  2018), incorporated herein by reference, as amended and supplemented, available at
http://www.neha.org/sites/default/files/publications/position-papers/NEHA_Policy_Statement_Microblading_FINAL.pdf
.
"Minor" means a person under 18 years of age.
"Needle building" means a process of assembling steel needles from
				  a loose pack into bundles or arrangements. The needles are then attached to a
				  stainless steel bar.
"Occupational exposure" means occupational exposure as the
				  bloodborne pathogens standard defines that term.
"Operator" means an owner of an establishment.
1. The term, "operator," includes a person whom an owner
				  designates as having control, custody, and/or management of the day-to-day
				  operations, of a body art establishment.
"Permanent cosmetics" or "micropigmentation" means the intradermal
				  implanting of inert pigments, colors, and/or dyes, which results in permanent
				  alteration of tissue to gain a cosmetic effect, and includes the form of
				  micropigmentation known as "microblading."
"Permit" means written approval by the health authority to operate
				  a body art establishment. Approval is given in accordance with this chapter and is
				  separate from any other licensing requirement that may exist within communities or
				  political subdivisions comprising the jurisdiction.
"Person" means one or more individuals, legal representatives,
				  partnerships, joint ventures, associations, corporations (whether or not organized
				  for profit), business trusts, or any organized group of persons.
"Piercing instrument" means a hand-held tool manufactured
				  exclusively for piercing the earlobe, or trailing edge of the ear, into which studs
				  and clutches are placed and inserted into the earlobe by a hand-squeezed or spring
				  loaded action to create a permanent hole. The tool is made of plastic, stainless
				  steel or other material that is able to be disinfected.
"Pigment" means "color additive" as 21 CFR Part 70 , particularly
				  at § 70.3, defines that term.
"Practitioner" means any person that performs the act of
				  tattooing, permanent cosmetics and/or ear and body piercing.
"Premises" means the entire building or structure within which
				  body art services are provided.
"Processing equipment" means mechanical devices used for the
				  cleaning and sterilization of instruments used for body art, such as ultrasonic
				  cleaners and steam sterilization units.
"Procedure surface" means any surface of an inanimate object that
				  contacts the client's unclothed body during a body art procedure, skin preparation
				  of the area adjacent to and including the site of the body art procedure or any
				  associated work area which may require sanitizing.
"Public Health and Food Protection Program" means the Public
				  Health and Food Protection Program within the Consumer, Environmental, and
				  Occupational Health Service of the Division of Epidemiology, Environmental and
				  Occupational Health within the Public Health Services Branch of the Department, for
				  which the contact information is Public Health and Food Protection Program, PO Box
				  369, Trenton, NJ 086250369, telephone (609) 913-5150.
"Responsible person" means an adult who is a practitioner and whom
				  the operator specially trains in the obligations and duties of an operator.
"Safety data sheet" means "safety data sheet" as the hazard
				  communication standard at
				  29 CFR 1910.1200
				  defines that term.
"Separate area" means an area away from public access and viewing,
				  isolated from a reception or waiting area, where piercings are conducted upon the
				  genital, nipple, or any other discretionary part of a person's body, or a designated
				  area which is segregated from other business activities or services when ear
				  piercings are conducted.
"Single use" means to be used one time for only one client and to
				  be discarded after use.
1. Examples of single-use items are cotton swabs, cotton balls,
				  tissues, paper products, paper or plastic cups, gauze, dressings, bandages, sanitary
				  coverings, razors, needles, stencils, pigment cups, gowns, markers, and medical
				  gloves.
"Society of Permanent Cosmetic Professionals" means the entity by
				  that name for which the contact information is 69 N Broadway St, Des Plaines, IL
				  60016, telephone (847) 635-1330, website
http://www.spcp.org
.
"SofTap(R), Inc." means the entity by that name for which the
				  contact information is 550 North Canyons Parkway, Livermore, CA 94551, telephone
				  (925) 248-6301, website
http://www.softaps.com
.
"Standard precautions" means Parts II D, E, and F of Siegel JD,
				  Rhinehart E, Jackson M, Chiarello L, and the Healthcare Infection Control Practices
				  Advisory Committee, 2007 Guideline for Isolation Precautions: Preventing
				  Transmission of Infectious Agents in Healthcare Settings, incorporated herein by
				  reference, as amended and supplemented (last update July 2019), available at
http://www.cdc.gov/infectioncontrol/guidelines/isolation/index.html
,
				  provided references therein to:
1. The terms "healthcare facility," "healthcare organization," and
				  the like shall be construed to mean an establishment;
2. The terms "healthcare worker," "healthcare professional," and
				  the like shall be construed to mean a practitioner, apprentice, and other staff with
				  occupational exposure; and
3. The term "patient" shall be construed to mean client.
"Sterilization" means a process resulting in the destruction of
				  all forms of microbial life, including highly resistant bacterial spores.
"Suspend" means disciplinary action taken by the health
				  authority.
"Tattooing" means any method of placing ink or other inert pigment
				  into or under the skin or mucosa by the aid of needles or any other instrument used
				  to puncture the skin, resulting in permanent coloration of the skin or mucosa. This
				  includes all forms of permanent cosmetics.
"Temporary establishment" means an establishment that has been
				  issued a permit by the local health authority to operate for the purpose of
				  performing body art procedures for not more than 14 calendar days in conjunction
				  with a single event.
"Tip" means the stainless steel replacement part that attaches to
				  the body of the tube.
"Trainer or instructor of permanent cosmetics" means a permanent
				  cosmetics practitioner holding one or more of the following credentials:
1. American Academy of Micropigmentation Board Certified Platinum
				  Trainer;
2. Society of Permanent Cosmetic Professionals Trainer Membership;
				  or
3. SofTap(R), Inc., Trainer.
"Tube" means the stainless steel component which is attached to
				  the tattoo machine and the tip.
"Universal precautions" means a set of guidelines and controls,
				  published by the Center for Disease Control and Prevention (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, both incorporated herein by reference. 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.
"Work station" means the area or room used for the purpose of
				  performing body art procedures by a practitioner, operator or
				  apprentice.