Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter V - MINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS › Section 229.402 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--The Tattoo and
				  Certain Body Piercing Studio Act, Texas Health and Safety Code, Chapter
				  146.
(2) Antiseptic--An agent that
				  kills disease-causing microorganisms on human skin or mucosa.
(3) Artist--A person who performs tattooing,
				  permanent cosmetics, and or certain body piercing, and who is responsible for
				  complying with the provisions of these sections.
(4) Aseptic technique--A hygienic practice
				  which prevents and hinders the direct transfer of microorganisms, regardless of
				  pathogenicity, from one person or place to another person or place.
(5) Authorized agent--An employee of the
				  department designated by the commissioner to enforce the Act.
(6) Body piercer--A person who performs body
				  piercing and who is responsible for adherence to the provisions of these
				  sections; hereafter referred to as artist.
(7) Body piercing--The creation of an opening
				  in an individual's body, other than in an individual's earlobe, to insert
				  jewelry or another decoration.
(8)
				  Body piercing studio--A permanent, nondwelling building or portion of a
				  building, designated by a license holder and located in accordance with
				  applicable local zoning codes where body piercing is performed, completely
				  separated from living quarters; hereafter referred to as studio.
(9) Client--A person requesting the
				  application of a tattoo or certain body piercing.
(10) Commissioner--Commissioner of Health or
				  his successor.
(11) 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; contaminated sharps and
				  pathological and microbiological wastes containing blood and other potentially
				  infectious material, as defined in 29 Code of Federal Regulations, Part
				  1910.1030, known as "Occupational Exposure to Bloodborne Pathogens". Copies of
				  this provision are indexed and filed at the department, located at 1100 West
				  49th Street, Austin, Texas 78756, and are available for inspection during
				  normal working hours.
(12)
				  Cosmetic--An article or substance intended to be rubbed, poured, sprinkled, or
				  sprayed on or introduced into or otherwise applied to the human body for
				  cleansing, beautifying, promoting attractiveness or altering appearances; or an
				  article or substance for use as a component of such an article, except that the
				  term does not include soap.
(13)
				  Department--The Department of State Health Services.
(14) Disinfectant--An agent that kills
				  disease-causing microorganisms on inanimate objects or surfaces.
(15) Ear piercing--The creation of an opening
				  in an individual's ear lobe with an ear piercing gun to insert jewelry or other
				  decoration.
(16) Ear piercing
				  gun--A device that pierces an individual's ear using a single-use stud and
				  clasp ear piercing system. An ear piercing gun shall not be used to pierce any
				  other part of the body besides the ear.
(17) Germicidal Solution--An agent that kills
				  disease-causing microorganisms on hard surfaces; a disinfectant or sanitizer
				  registered with the Environmental Protection Agency and/or a 1:100 dilution of
				  5.25% sodium hypochlorite (household chlorine bleach) and water, made fresh
				  daily, dispensed from a spray bottle, and used to decontaminate inanimate
				  objects and surfaces.
(18)
				  Germicidal soap--An agent designed for use on the skin that kills
				  disease-causing microorganisms, including but not limited to, products
				  containing povidone-iodine, chloroxylenol, triclosan, and chlorhexidine
				  gluconate.
(19) Gloves--Disposable,
				  single use gloves labeled for surgical or examination purposes.
(20) Hand washing facility--Sink equipped
				  with hot and cold or tempered running water under pressure, used for washing
				  hands, arms, or other portions of the body.
(21) Health care practitioner--A person
				  licensed by the state to practice medicine.
(22) Instruments--Hand pieces, needles,
				  needle bars, hemostats, forceps, pliers, and other items that may come in
				  contact with a client's body or possible exposure to bodily fluids during the
				  tattoo and body piercing procedures.
(23) Jewelry--Any personal ornament inserted
				  into a pierced area, which must be made of surgical implant grade stainless
				  steel (minimum of 316L or 316LVM), solid 14k or 18k gold, niobium, titanium
				  (minimum of 6A14V), platinum, or a dense, low porosity plastic approved by the
				  manufacturer for use in new piercings, which is free of nicks, scratches, or
				  irregular surfaces and has been properly sterilized prior to use.
(24) License holder--A person 18 years or
				  older who owns, operates, or maintains a tattoo studio, tattoo and body
				  piercing studio or temporary location in compliance with these
				  sections.
(25) Managing
				  conservator--A person, licensed child-placing agency, or authorized agency
				  designated by a court as having the right to possession of the child, and the
				  right to consent to medical, surgical, dental, and psychological treatment of
				  the child.
(26) Sanitize--To treat
				  a clean surface and kill pathogenic microorganisms.
(27) Sharps--Any object (sterile or
				  contaminated) that may purposefully or accidentally cut or penetrate the skin
				  or mucosa including, but not limited to, needles, scalpel blades, and razor
				  blades.
(28) Sharps container--A
				  puncture-resistant, leak-proof container that can be closed for handling,
				  storage, transportation, and disposal and that is labeled with the
				  International Biohazard Symbol.
(29) Single-use--Articles intended for
				  one-time, one-person use and which are to be discarded after such
				  use.
(30) Sterilization area--A
				  separate room or area separate from workstations with restricted client access
				  in which tattoo and body piercing instruments and jewelry are cleaned,
				  disinfected, and sterilized.
(31)
				  Tattoo/tattooing--The practice of producing an indelible mark or figure on the
				  human body by scarring or inserting a pigment under the skin using needles,
				  scalpels, or other related devices including permanent cosmetics. The term
				  includes the application of permanent cosmetics.
(32) Tattoo and body piercing area--The
				  portion of the tattoo or body piercing studio used for applying tattoos or
				  performing body piercing, including surrounding areas which are likely to come
				  into contact with contaminated waste.
(33) Tattooist--A person who performs
				  tattooing or applies permanent cosmetics and who is responsible for adherence
				  to the provisions of these sections; hereafter referred to as artist.
(34) Tattoo Studio--A permanent, nondwelling
				  building or portion of a building, designated by a license holder and located
				  in accordance with applicable zoning codes where tattooing or permanent
				  cosmetic application is performed, completely separated from living quarters;
				  hereafter referred to as studio.
(35) Temporary location--A location at which
				  tattooing or body piercing is performed for a specified length of time of not
				  more than seven days in conjunction with a single event.
(36) Tongue splitting--Cutting of a human
				  tongue into two or more parts.
(37)
				  Universal precautions--A method of infection control in which employees treat
				  all blood and body fluids as to contain all bloodborne pathogens and taking
				  proper precautions to prevent the spread of any bloodborne 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.
(38) Waterless hand sanitizers--Sanitizers,
				  approved by the United States Food and Drug Administration, approved for use on
				  the hands to kill microorganisms that do not require the addition of water to
				  be effective.