South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-111 - STANDARDS FOR LICENSING TATTOO FACILITIES › Sec2 61-111.100 - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of this regulation, the following definitions
				shall apply:
A. Administrator. The
			 individual designated by the licensee to have the authority and responsibility
			 to manage the facility and to be in charge of all functions and activities of
			 the facility.
B. Adult. A person
			 eighteen (18) years of age or older.
C. Aftercare Suggestions. Specific written
			 information given to clients following tattooing procedures on how to promote
			 successful healing of various tattoo sites, including infection control
			 information and instruction.
D.
			 Aseptic Technique. Any health care procedure in which added precautions are
			 used to prevent contamination of a person, object, or area by microorganisms,
			 such as by use of sterile gloves and instruments.
E. Authorized Healthcare Provider. An
			 individual authorized by law and currently licensed in South Carolina to
			 provide specific treatments, care, or services to staff members and/or
			 clients.
F. Biohazardous. Any
			 biological material capable of causing harm to humans, animals, or plants,
			 including both biohazardous organisms and agents.
G. Church. An establishment, other than a
			 private dwelling, where religious services are usually conducted.
H. Client. A person who has a tattoo
			 procedure performed on his or her body.
I. Consultation. A visit by a Department
			 representative(s) who will provide information to the licensee with the goal of
			 facilitating compliance with this regulation.
J. Contaminated or Contamination. The
			 presence of blood, infectious materials, or other types of impure materials
			 that have corrupted a surface or item through contact.
K. Department. The South Carolina Department
			 of Health and Environmental Control.
L. Direct Supervision. The on-site training,
			 observation, and evaluation of a trainee by an experienced tattoo artist,
			 including the provision of consultation and instruction.
M. Disinfection. The action of using an
			 agent, for example, isopropyl alcohol solution, that kills germs or
			 microorganisms.
N. Experienced
			 Tattoo Artist. An individual who has a current and valid tattoo license or
			 permit from a state with requirements that meet the minimum requirements of
			 this regulation, such as training, age, or who has one thousand (1000) or more
			 hours during the last three (3) years performing tattooing procedures in a
			 licensed or permitted tattoo facility, as confirmed in writing by the licensee,
			 from a state with requirements that meet the minimum requirements of this
			 regulation.
O. Facility. Any room,
			 space, location, area, structure, mobile unit, or business, or any part of any
			 of these places, where tattooing is practiced or where the business of
			 tattooing is conducted and which is licensed by the Department as a tattoo
			 facility.
P. Germicidal. Preventing
			 infection by inhibiting the growth or action of microorganisms.
Q. Injection Equipment. Equipment used in the
			 practice of tattooing, including the needle(s) and the needle bar. Injection
			 equipment does not include other parts of the tattoo machine such as grips,
			 tubes or barrels, motors, coils, frames, binding posts, rubber bands, foot
			 pedals, and power units.
R.
			 Inspection. A visit by a Department representative(s) for the purpose of
			 determining compliance with this regulation.
S. Investigation. A visit by a Department
			 representative(s) to a licensed or unlicensed facility for the purpose of
			 determining the validity of allegations received by the Department relating to
			 this regulation.
T. License. A
			 certificate issued by the Department to a facility that authorizes tattooing at
			 that facility subject to the provisions of this regulation.
U. Licensee. The individual, corporation,
			 partnership, organization, or public entity that has been issued a license to
			 provide tattoo services and with whom rests the ultimate responsibility for
			 compliance with this regulation.
V.
			 Micropigmentation or Application of Permanent Cosmetics. A medical procedure
			 performed above the jaw line and anterior to the ear and frontal hairline in
			 which color or pigment is applied with a needle or electronic machine to
			 produce a permanent mark visible through the skin. The procedure includes, but
			 is not limited to, the application of eyeliner; eye shadow; and lip, eyebrow,
			 or cheek color for purposes of enhanced aesthetics; scar concealment; and/or
			 repigmentation of areas involving reconstructive surgery or trauma.
			 Micropigmentation shall not include placing on the body any pictures, images,
			 numbers, signs, letters of the alphabet, or designs.
Medical micropigmentation shall not be construed to be included
				in the definition of tattooing as provided in Section 100.NN.
W. Minor. A person who has not attained
			 eighteen (18) years of age.
X.
			 Mobile Unit. A vehicle, trailer, or portable unit from which tattooing is
			 performed.
Y. Picture
			 Identification. A valid driver's license from any state or an official
			 photographic identification card issued by the South Carolina Department of
			 Revenue, a federal or state law enforcement agency, an agency of the United
			 States Department of Defense, or the United States Department of State, such as
			 a military ID or passport.
Z.
			 Playground. A place, other than grounds at a private dwelling, that is provided
			 by the public or members of a community for recreation.
AA. Release. The point at which the client's
			 active involvement with a facility is terminated and the facility no longer
			 maintains active responsibility for the client.
BB. Repeat Violation. The recurrence of any
			 violation cited under the same section of the regulation within a thirty-six
			 (36) month period. The time-period determinant of repeat violation status is
			 not interrupted by ownership changes.
CC. Revocation of License. An action by the
			 Department to cancel or annul a license by recalling, withdrawing, or
			 rescinding the facility's authority to operate.
DD. Sanitized or Sanitization. A procedure
			 that reduces the level of microbial contamination so that the item or surface
			 is considered safe.
EE. School. An
			 establishment, other than a private dwelling, where the customary processes of
			 education are conducted.
FF.
			 Sharps. Any objects, sterile or contaminated, that may purposefully or
			 accidentally cut or penetrate the skin including, but not limited to,
			 pre-sterilized, single-use needles, scalpel blades and razor blades.
GG. Single-use. An item that is used one (1)
			 time on one (1) client and then is properly disposed of by appropriate
			 measures.
HH. Staff Member. An
			 individual who is a compensated employee of the facility on either a full or
			 part-time basis.
II. Sterile. The
			 condition of an object when it is free of live bacteria, spores or other
			 microorganisms, including pathogens, usually achieved by heat or chemical
			 means.
JJ. Sterilize or
			 Sterilization. The approved procedure of making an object free of live
			 bacteria, spores, or other microorganisms including pathogens, usually by heat
			 or chemical means.
KK. Suspension
			 of License. An action by the Department requiring a licensee to cease operation
			 for a period of time until such time as the Department rescinds that
			 restriction.
LL. Tattoo Artist. A
			 staff member twenty-one (21) years of age or older who practices body tattooing
			 at the tattoo facility and who meets the requirements of this regulation,
			 including both experienced tattoo artists and tattoo artist trainees.
MM. Tattoo Artist Trainee. A staff member
			 under the supervision and instruction of an experienced tattoo artist who is in
			 the process of acquiring one thousand (1000) hours of tattoo procedure training
			 as required in Section 603.B.
NN.
			 Tattoo or Tattooing. To indelibly mark or color the skin by subcutaneous
			 introduction of nontoxic dyes or pigments. The practice of tattooing does not
			 include the removal of tattoos, the practice of branding, cutting,
			 scarification, skin braiding, or the mutilation of any part of the
			 body.
OO. Tattoo Procedures
			 Training. Training that includes hands-on tattooing performed on clients and
			 other tattooing-related activities including sterilization
			 techniques.
PP. Temporary Location.
			 A short-term fixed location at which tattooing is licensed and performed for a
			 specified period of not more than fourteen (14) days.
QQ. Work Station. A work area where tattoo
			 procedures are performed and that meets the requirements as set forth in
			 Section 1602.