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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2015

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16 DE Admin. Code 4451
On November 1, 2014 (Volume 18, Issue 5), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by December 10, 2014, or be presented at a public hearing on November 25, 2014, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulations.
THEREFORE, IT IS ORDERED, that the proposed State of Delaware Regulations Governing Body Art Establishments is adopted and shall become effective February 11, 2015, after publication of the final regulation in the Delaware Register of Regulations.
1.1 Preamble. The Secretary of Delaware Health and Social Services adopts these Regulations pursuant to the authority vested in the Secretary by 16 Del.C. §122. These Regulations establish standards for the sanitary operation of body art establishments. For the purpose of these Regulations, the term “body art establishment” includes “tattoo parlor” and “body piercing establishment,” as defined in 16 Del.C. §122(3)(w). These Regulations provide a system of permitting and inspection of body art establishments and procedures for enforcement.
These Regulations are adopted on November 1, 2011 and have an effective date of November 11, 2011.
Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, on caring for the body art and surrounding area. These Instructions will include information on when to seek medical treatment, if necessary.
Antiseptic means an agent that destroys disease causing microorganisms on human skin or mucosa.
Body Art includes the practice of “body piercing” as defined, “branding” as defined and “tattooing” as defined. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin and subdermal piercing/implants, that are not performed in a body art establishment. Nor does this definition include, for the purposes of these Regulations, piercing of the outer perimeter or lobe of the ear using pre‑sterilized single use stud and clasp ear piercing systems.
Body Art Establishment includes “tattoo parlor” and “body piercing establishment” and means any place or premise, 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 the perforation of human tissue excluding the ear for a non‑medical purpose. This definition does not include subdermal piercings / implants.
Branding means a permanent mark made on human tissue by burning with chemicals such as liquid nitrogen, with a hot iron or with another instrument.
Contaminated Waste means any of the following: 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 in "Occupational Exposure to Bloodborne Pathogens", 29 Code of Federal Regulations Part 1910.1030 (latest edition).
Cosmetic Tattooing see Tattooing.
Disinfection means the destruction of disease‑causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
Division means the Delaware Division of Public Health as the agency, and its authorized representatives, having jurisdiction to promulgate, monitor, administer and enforce these Regulations.
Ear Piercing means the puncturing of the outer perimeter or lobe of the ear using a pre‑sterilized single use stud and clasp ear piercing system following manufacturer’s instructions. Under no circumstances shall ear piercing studs and clasps be used anywhere on the body other than the outer perimeter and lobe of the ear.
Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatuses and appurtenances used in connection with the operation of a body art establishment.
Handsink means a lavatory equipped with tempered hot and cold running water under pressure, used solely for washing hands, arms or other portions of the body.
Hot Water means water at a temperature greater than or equal to 110°F (43°C).
Imminent Health Hazardmeans a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries, and the nature, severity and duration of the anticipated injury.
Instruments Used For Body Art means hand pieces, needles, needle bars and other instruments that may come in contact with a client's body or possible exposure to bodily fluids during body art procedures.
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, which must be made of surgical implant grade stainless steel, solid 14k, 18k or 24k white or yellow gold, niobium, titanium, platinum, or a dense, low‑porosity plastic and which is free of nicks, scratches or irregular surfaces and which has been properly sterilized prior to use.
Liquid Chemical Germicide means a disinfectant or sanitizer registered with the Environmental Protection Agency or an approximate 1:100 dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle (500 ppm, ¼ cup per gal. or 2 tablespoons per qt. of tap water).
Operator/technician means any person who controls, operates, manages, conducts or practices body art activities at a body art establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. The term includes technicians who work under the operator and perform body art activities.
Permit means written approval by the Division to operate a body art establishment. Approval is given in accordance with these Regulations and is separate from any other licensing requirement that may exist within communities or political subdivisions comprising the jurisdiction.
Person means an individual, any form of business or social organization or any other non‑governmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust or unincorporated organization.
Physician means a person licensed by the State of Delaware to practice medicine in all its branches and may include other areas such as dentistry, osteopathy or acupuncture, depending on the rules and regulations of the State of Delaware.
Procedure Surface means any surface of an inanimate object that contacts one or more of the following: a client's unclothed body during a body art procedure; skin preparation of the area adjacent to and including the body art procedure; or any associated work area which may require sanitizing.
Sanitize/Sanitization Procedure means a process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health standards and which has been approved by the Division.
Sharps means any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, pre‑sterilized, single use needles, scalpel blades and razor blades.
Sharps Container means a puncture‑resistant, leak‑proof container that can be closed for handling, storage, transportation and disposal and is labeled with the International Biohazard Symbol.
Single Use means products or items that are intended for one-time, one‑person use and are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves.
Sterilization means a very powerful process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
Tattooing means one or more of the following:
Temporary Body Art Establishment means any place or premise operating at a fixed location where an operator performs body art procedures for no more than 14 days consecutively in conjunction with a single event or celebration.
Universal Precautions means a set of guidelines and controls, published by the Centers 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. 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, using personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
7.4.1 Any person who neglects or fails to comply with the requirements of these Regulations may be subject to the provisions of 16 Del.C. §107, and may be subject to loss of their permit, be fined not less than $100 and not more than $1000, together with costs, or both, unless otherwise provided by law.
Last Updated: December 31 1969 19:00:00.
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