West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-80 - Body Piercing Studio Business › Section 64-80-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Approved. -- A
				procedure of operation, installation or construction which is in accordance
				with the standards, specifications, and instructions established by the
				Division of Health.
2.2. Bloodborne
				Pathogens. -- Pathogenic microorganisms that are present in human blood and can
				cause disease in humans. These pathogens include, but are not limited to,
				hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency
				virus (HIV).
2.3. Blood Exposure
				Incident. -- Piercing the skin through such events as needle sticks, cuts, and
				abrasions from material contaminated with blood from a client, or eye, mouth,
				other mucous membrane, or non-intact skin contact with blood or
				blood-contaminated material from a client.
2.4. Contaminated. -- The presence or
				reasonably anticipated presence of blood, body fluids or other potentially
				infectious materials in or on the surface of an item.
2.5. Contaminated Waste. -- Material used in
				body piercing that requires disposal.
2.6. Director. B The Director of the Division
				of Health or his or her designee.
2.7. Exposure Control Plan. -- A written plan
				of procedures for those who perform body piercing in a facility on how to
				implement the requirements of this rule, and that eliminates or minimizes
				employee and client exposure to bloodborne pathogens and other communicable
				diseases.
2.8. Facility. B A room,
				shop, space or vehicle where body piercing is performed.
2.9. Instrument. -- Body piercing equipment
				that includes, but is not limited to needles, needle bars, needle tubes,
				forceps, hemostats, tweezers, pliers, or other implements used to pierce, or be
				inserted into any part of the human body for the intended purpose of making a
				permanent hole. The equipment also includes studs, hoops, rings, and other
				decorative jewelry, materials or apparatuses inserted into any part of the body
				for the intended purpose of placement in a hole resulting from piercing.
2.10. Minor. -- Any person under
				the age of 18 (eighteen) years.
2.11. Owner. -- A person that owns, controls
				or has custody of a place of business where body piercing is
				performed.
2.12. Permanent Hole. --
				A hole produced by piercing or puncturing any part of the body with instruments
				intended to leave an opening in body tissue into which an appropriate device
				may be inserted. A permanent hole would include any body part newly pierced
				which is undergoing a healing process and any piercing whether removal of a
				device from the perforation would result in healing of the tissue or
				not.
2.13. Permit. -- A written
				document issued by the Director giving a person permission to operate a body
				piercing studio business.
2.14.
				Piercing Device. -- A device used for the creation of an opening in the human
				body for the purpose of inserting jewelry or other decoration.
2.15. Piercing Gun. -- A handheld tool used
				exclusively for piercing the ear, into which single use pre-sterilized studs
				and clutches are placed and inserted into the ear by hand squeezed or spring
				loaded action to create a permanent hole. The tool shall be made of plastic,
				stainless steel or other material that allows disinfection.
2.16. Procedure Area. -- The immediate area
				where instruments and supplies are placed during a procedure.
2.17. Purchased pre-sterilized. --
				Instruments that are sold individually packaged and sterilized. Each package
				shall have an auditable sterilization lot number from a sterilization
				facility.
2.18. Sanitization. --
				The effective bactericidal and virucidal treatment of clean equipment surfaces
				by a process that has been approved by the Director as being effective in
				destroying pathogens and different than sterilization.
2.19. Single Use. -- Products, instruments or
				items that are used one (1) time on one (1) client and then properly disposed
				of in accordance with the Division of Health rule, Infectious Medical Waste,@
				64CSR56.
2.20. Sterilization. --
				The destruction of all living organisms including spores.
2.21. Workstation. -- An area such as a
				separate room or a screened area, that is set up to perform body piercing to
				insure privacy when performing nipple, genital or other discretionary piercing.
[1]The Department of Health and
				  Human Resources (DHHR) was created by the Legislature's reorganization of the
				  executive branch of State government in 1989. The Department of Health was
				  renamed the Division of Health and made a part of the DHHR (W. Va. Code '
				  5F-1-1
				  et seq.). Administratively within the DHHR the Bureau for Public Health through
				  its Commissioner carries out the public health function of the Division of
				  Health.