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Tattoo & Piercing Laws - United States - Rhode Island
Back to United States Tattoo & Piercing Laws
State Of Rhode Island
2000 -- H 7862
=======
LC02562
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2000
____________
A N A C T
MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2001
Introduced By: Representatives Callahan, Quick and Mumford
Date Introduced: February 15, 2000
Referred To: Committee on Finance
It is enacted by the General Assembly as follows:
SECTION 28. Section 23-1-39 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby amended to read as follows:
23-1-39. Tattooing and/or body piercing. - (a) The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).
(b) In addition, these rules and regulations shall establish procedures for registration with the department of health of all persons performing tattooing and/or body piercing, for registration of any establishment where tattooing and/or body piercing is performed, for regular inspections of premises wherein tattooing and/or body piercing is performed, and for revocation of the registration of any person or establishment deemed in violation of the rules and regulations promulgated under this section. An annual registration fee in the amount of fifty dollars ($50.00) fifty-eight dollars ($58.00) shall be paid by any person or establishment registered to perform tattooing or body piercing under this section. All fees shall be deposited by the department as general revenues.
(c) Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.
Rhode Island statutes authorize the director of the state Department of Health (DOH) to regulate tattooing and they also create two criminal penalties for tattooing offenses. Tattooing anyone under age 18 is a misdemeanor punishable by imprisonment for up to one year or a fine of up to $300 (R.I. Gen. Laws § 11-9-15). The statute contains wording to the effect that its provisions should not be construed as prohibiting the removal of tattoo markings from the body of anyone regardless of his age. Students in any public, private, parochial, or military school, college, or other educational institution are prohibited from tattooing or knowingly permanently marking the body of any fellow student by the use of nitrate of silver (R.I. Gen. Laws § 11-21-3). Violation is punishable by imprisonment for between one and 10 years.
WEIL'S CODE OF RHODE ISLAND RULES
Copyright (c) 1992-2002 Weil Publishing Co., Inc.
All rights reserved
*** THIS DOCUMENT IS CURRENT THROUGH THE MAY 2002 REVISION ***
AGENCY 14. DEPARTMENT OF HEALTH
SUB-AGENCY 140. PROFESSIONAL REGULATION DIVISION
14 140 009 Hairdressers and Cosmeticians, Manicurists, Estheticians, Schools
and Shops of Hairdressing and Cosmeticians, Manicuring and Esthetics
TABLE OF CONTENTS
PART I DEFINITIONS, LICENSURE REQUIREMENTS FOR APPLICANTS, ISSUANCE OF
LICENSES
1.0 DEFINITIONS.
2.0 LICENSE REQUIREMENTS
2.0 EXEMPTIONS
4.0 GENERAL QUALIFICATIONS FOR ALL APPLICANTS
5.0 CLASSES OF LICENSES
5.1 HAIRDRESSER/COSMETICIAN
5.2 HAIRDRESSER/COSMETOLOGIST INSTRUCTOR.
5.3 MANICURIST.
5.4 ESTHETICIAN.
5.5 BARBER.
5.6 BARBER APPRENTICE.
60 APPLICATION FOR LICENSE AND FEES
6.1 For U.S. BORN applicants:
For FOREIGN BORN applicants:
6.1 Good Moral Character:
6.3 Photographs:
6.4 Verification (Applicants licensed in another state):
6.5 Professional Education Transcripts:
6.6 High school Graduation:
6.7 Examinations:
6.8 Fees:
7.0 LICENSING BY EXAMINATION
7.3 Re-Examination
8.0 REQUIREMENTS FOR APPLICANTS LICENSED IN ANOTHER STATE
9.0 REQUIREMENTS FOR APPLICANTS FROM ANOTHER COUNTRY:
10.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE.
11. DEMONSTRATOR'S PERMIT
PART II LICENSURE REQUIREMENTS FOR SHOPS
12.0 GENERAL REQUIREMENT
13.0 EXEMPTIONS
14.0 APPLICATION FOR LICENSE AND FEE
15.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE
16.0 ORGANIZATION AND MANAGEMENT (MANAGER)
17.0 ENVIRONMENTAL MAINTENANCE AND SANITATION
18.0 STRUCTURAL REQUIREMENTS, EQUIPMENT AND SUPPLIES
PART III INSPECTION, ADVERTISING AND PERMANENT MAKE-UP
19.0 INSPECTIONS
20.0 ADVERTISING
21.0 PERMANENT MAKE-UP
PART IV REVOCATION OR SUSPENSION, VIOLATIONS, SANCTIONS, PRACTICES AND
PROCEDURES AND SEVERABILITY
22.0 REVOCATION OR SUSPENSION OF LICENSE, PERMIT OR CERTIFICATE
23.0 RULES GOVERNING PRACTICES AND PROCEDURES
24.0 SEVERABILITY
INTRODUCTION
These Rules and Regulations for the Licensure of Barbers,
Hairdresser/cosmeticians, Hairdressers Instructors, Manicurists or
Estheticians (R5-10-HAIR) are promulgated pursuant to the authority set forth in section
5-10-2 of the General Laws of Rhode Island, as amended, and are established
for the purpose of establishing minimal requirements for the licensing of
Barbers, Hairdresser/cosmeticians, Hairdressers Instructors, Manicurists or
Estheticians
Pursuant to the provisions of section 42-35-3(c) of the General Laws of
Rhode Island, as amended, the following issues have been given consideration in
arriving at the regulations in the best interest of the public health and
welfare: (1) alternative approaches to the regulations; (2) duplication or
overlap with other state regulations; and (3) significant economic impact on
small business as defined in Chapter 42-35 of the General Laws. No known
overlap or duplication, no alternative approach nor any significant economic impact
was identified.
PART I DEFINITIONS, LICENSURE REQUIREMENT FOR APPLICANTS, ISSUANCE OF
LICENSEES
Section:
1.0 DEFINITIONS. -
The following words and phrases, when used in these rules and regulations
shall be construed as follows:
1.1 "Department" shall mean the Rhode Island Department of Health.
1.2 "Division" shall mean the Division of Professional Regulation within
the Department of Health.
1.3 "Board" shall mean the state board of barbering and hairdressing as
provided for in the Act.
1.4 "School" shall mean a school approved under chapter 16-40 of the
general laws of the state of Rhode Island of 1956, as amended, devoted to the
instruction in and study of the theory and practice of barbering,
hairdressing and cosmetic therapy, esthetics and/or manicuring.
1.5 "Hairdresser and cosmetician" shall mean any person who arranges,
dresses, curls, cuts, waves, singes, bleaches or colors the hair or treats
the scalp or manicures the nails of any person either with or without
compensation or who, by the use of the hands or appliances or of cosmetic preparations,
antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with
or without compensation, in massaging, cleansing, stimulating, manipulating,
exercising or beautifying or in doing similar work upon the neck, face or
arms or who removes superfluous hair from the body of any person.
1.6 "The practice of hairdressing and cosmetic therapy" shall mean the
engaging by any licensed hairdresser and cosmetician in any one or more of
the following practices: the application of the hands or of mechanical or
electrical apparatus, with or without cosmetic preparations, tonics, lotions, creams,
antiseptics or clays, to massage, cleanse, stimulate, manipulate, exercise
or otherwise to improve or to beautify the scalp, face, neck, shoulders, arms,
bust or upper part of the body or the manicuring of the nails of any person; or
the removing of superfluous hair from the body of any person; or the arranging,
dressing, curling, waving, weaving, cleansing, cutting, singeing, bleaching,
coloring or similarly treating the hair of any person.
1.7 "Manicurist," shall mean any person who engages in manicuring for
compensation, and duly licensed as a manicurist.
1.8 "The practice of Manicuring," shall mean the cutting, trimming,
polishing, tinting, coloring or cleansing the nails of any person.
1.9 "Esthetician" shall mean a person who engages in the practice of
esthetics, and duly licensed as an esthetician.
1.10 "Esthetics" shall mean the practice of cleaning, stimulating,
manipulating and beautifying skin, including but not limited to the
treatment of such skin problems or dehydration, temporary capillary dilation, excessive
oiliness and clogged pores.
1.11 "Instructor" shall mean any person duly licensed as an instructor
under the provisions of this chapter.
1.12 "Barber" shall mean any person who shaves or trims the beard, waves,
dresses, singes, shampoos or dyes the hair or applies hair tonics, cosmetic
preparations, antiseptics, powders, oil clays or lotions to scalp, face or
neck of any person; or cuts the hair of any person, gives facial and scalp
massages or treatments with oils, creams, lotions, or other preparations.
1.13 "The practice of barbering" shall mean the engaging by any licensed
barber in all or any combination of the following practices: shaving or
trimming the beard or cutting the hair; giving facial and scalp massages or
treatments with oils, creams, lotions, or other preparations either by hand or
mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving,
chemical waving, hair relaxing, or dyeing the hair or applying hair tonics:; applying
cosmetic preparations, antiseptics, powders, oils, clays or lotions to
scalp, face or neck.
1.14 "Apprentice barber" shall mean an employee whose principal
occupation is service with a barber or hairdresser who has held a current license as a
barber or hairdresser for at least one year with a view to learning the art of
barbering, as defined in Section 1.13.
1.15 "Manager" shall mean a person licensed as a barber, hairdresser and
cosmetologist, manicurist or esthetician for at least one year who is
registered with the Division by the owner of the shop to be responsible for supervising
the operation of the shop and its employees at it relates to the Act and these
Rules and Regulations.
1.16 "Hair design shop," shall mean a shop licensed under this chapter to
do barbering or hairdressing/cosmetology or both to any person.
1.17 "Manicuring shop," shall mean a shop licensed under this chapter to
do manicuring only on the nails of any person.
1.18 "Esthetician shop," shall mean a shop licensed under this chapter to
do esthetics on any person.
Section:
2.0 LICENSE REQUIREMENTS
2.1 No person shall practice barbering, hairdressing and cosmetic
therapy, esthetics, or manicuring in this state, unless the person shall have first
obtained a license therefore or has been registered as a barber apprentice
as provided by the Act and these Rules and Regulations herein.
2.2 No person shall engage in hairdressing instruction in any school as
defined in Section 1.7 unless the person shall have first obtained a
hairdressing instructor license as provided by the Act and these Rules and
Regulations herein.
2.3 Students enrolled in programs of hairdressing or barbering may enter
into a workstudy arrangement after they have completed at least one thousand
(1,000) hours of classroom instruction.
2.3.1 Students participating in a work study arrangement shall be under
the direct supervision of a licensed hairdresser or barber.
2.3.2 The level of hairdressing or barbering procedures performed by the
student shall be as determined by the registered manager or owner/manager,
of the Hair Design Shop, who shall be responsible for all procedures performed
by the student.
2.3.3 Students shall wear a name tag that clearly identifies the student
as a student.
2.3.4 No classroom hours of instruction credit shall be granted for a
students' participation in a work-study arrangement.
2.3.5 No student shall work at any time while the school they are
enrolled in is in session.
2.3.6 The work study arrangement shall not continue beyond the student's
graduation from school or completion of course work.
Section:
3.0 EXEMPTIONS
3.1 The provisions and penalties of these Rules and Regulations shall not
apply to licensed physicians, osteopathics, chiropractors or registered
nurses when acting within the scope of their professions or occupations as defined
by law.
Section:
4.0 GENERAL QUALIFICATIONS FOR ALL APPLICANTS
All applicants for licensure under these rules and regulations must meet
the following requirements:
4.1 be at least eighteen (18) years of age; and
4.2 be a citizen of the United States of America or has legal entry into
the country (lawfully eligible to work); and
4.3 be of good moral character; and
4.4 be a high school graduate or hold the equivalent thereof; and
4.4.1 notwithstanding the provision of section 3.4 above, an applicant
seeking licensure as a barber need not be a high school graduate. On and
after 1 July 1997, an applicant seeking licensure as a barber must be a high school
graduate or hold the equivalent thereof.
4.5 have satisfactorily completed the course of instruction in an
approved school of hairdressing and cosmetic therapy, and/or manicuring or esthetics
as outlined in section 4.0; or
4.6 have satisfactorily completed the course of instruction in an
approved school of barbering as outlined in section 4.5; or
4.6.1 have engaged in barbering as a registered apprentice for two (2)
years; or
4.6.2 have completed a combination of barber school instruction and
apprentice training as required in section 4.5; and
4.7 have satisfactorily passed a written and practical examination
conducted by the division to determine the fitness of the applicant to receive a
license; and
4.8 have complied with section 5.0 and such other qualifications as the
division may prescribe by regulation.
Section:
5.0 CLASSES OF LICENSES
5.1 HAIRDRESSER/COSMETICIAN.
The Division shall issue a Hairdresser and Cosmetician license to an
individual who meets the requirements of Section 3.0, completes the
application required in section 5.0 and who meets the following requirements:
5.1.1 has completed a course of instruction in hairdressing and
cosmetology consisting of not less than fifteen hundred (1500) hours of continuous study
and practice in an approved school.
5.2 HAIRDRESSER/COSMETOLOGIST INSTRUCTOR.
The Division shall issue a Hairdresser and Cosmetician Instructor license
to an individual who meets the requirements of Section 3.0, completes the
application required in section 5.0 and who meets the following requirements:
5.2.1 has held a licensed hairdresser's and cosmetician's license, issued
under the laws of this state, or another state, for at least three (3) years
next preceding the date of application for an instructor's license; and
5.2.2 has satisfactorily completed three-hundred (300) hours of
instruction in hairdressing and cosmetology teacher training approved by the division as
prescribed by regulation;
5.3 MANICURIST.
The Division shall issue a Manicurist license to an individual who meets
the requirements of Section 3.0, completes the application required in section
5.0 and who meets the following requirements:
5.3.1 has completed a course of instruction consisting of not less than
three-hundred (300) hours of professional training in manicuring, in an
approved school.
5.4 ESTHETICIAN.
The Division shall issue an Esthetician license to an individual who
meets the requirements of Section 3.0, completes the application required in
section 5.0 and who meets the following requirements:
5.4.1 has completed a course of instruction in esthetics consisting of
not less than six hundred hours (600) of continuous study and practice over a
period of not less than four (4) months in an approved school of hairdressing and
cosmetology or who holds a diploma or certificate from a skin care school
that is recognized as a skin care school by the state or nation in which it is
located;
5.5 BARBER.
The Division shall issue a Barber license to an individual who meets the
requirements of Section 3.0, completes the application required in section
5.0 and who meets the following requirements:
5.5.1 has completed a course of instruction in barbering consisting of
not less than one thousand five hundred (1,500) hours of continuous study and
practice in an approved school; or
5.5.2 has possessed for at least two (2) years prior to the filing of the
license application a certificate of registration in full force and effect
from the Department of Health of the state of Rhode Island specifying that person
as a registered apprentice barber and the application of that applicant is
accompanied with an affidavit or affidavits of his or her employer or former
employers or other reasonably satisfactory evidence showing that the
applicant has been actually engaged in barbering as an apprentice barber in the state
of Rhode Island during those two (2) years; or
5.5.3 has successfully completed one thousand (1,000) hours of barber
instruction in an approved school and has completed a minimum of eight
hundred and forty (840) hours of barber on-the-job training, as a registered barber
apprentice, obtained within a minimum of six (6) months as a registered apprentice.
5.6 BARBER APPRENTICE.
The Division shall issue a Barber apprentice registration to an
individual who meets the following requirements:
5.6.1 completes the application;
5.6.2 submits acceptable evidence that any training the apprentice
receives shall be conducted by and under the direct supervision of a licensed barber
in a licensed Hair Design Shop.
5.6.3 Apprentice barbers shall be under the direct supervision of a
licensed barber who must be on the premises with the apprentice barber.
5.6.4 The number of apprentice barbers which a licensed barber may
supervise in a licensed Hair Design Shop serving the general public shall be no more
than one apprentice barber to one licensed barber.
5.6.5 The number of inmates, registered as apprentice barbers, which a
licensed barber may supervise in a licensed Hair Design Shop serving the
inmate population of the Department of Correction's inmate facilities or a
Detention Center shall be no more than fifteen.
Section:
6.0 APPLICATION FOR LICENSE AND FEES
Application for licensure shall be made on forms provided by the Division
and shall be completed, notarized and submitted to the Division by applicants
seeking licensure. The application shall be accompanied by the following
documents and fee:
6.1 For U.S. BORN applicants:
a certified or notarized copy of birth certificate.
For FOREIGN BORN applicants:
Proof of lawful entry into the country and lawful eligibility for
employment in the United States.
6.2 Good Moral Character:
Signed statement on application.
6.3 Photographs:
a recent identification photograph of the applicant, head and shoulder
front view approximately 2 x 3 inches in size;
6.4 Verification (Applicants licensed in another state):
The Board of Barbering and/or Hairdressing in each state in which the
applicant has held or holds licensure shall submit directly to the Division,
a statement attesting to the licensure status of the applicant during the time
period the applicant held licensure in said state;
6.5 Professional Education Transcripts:
Supporting certified transcript of educational credentials as required in
the appropriate section of 4.0 herein, signed by an official, verifying the
dates of attendance and completion of the appropriate program. Such documentation
must be sent directly from the school to the Division and must consist of original
statements and/or photocopies bearing the signature of the school official
and the imprint of the school seal.
6.6 High school Graduation:
Verification of high school graduation or equivalent may be an original
signed statement from an official of the high school or equivalent program
or a notarized photocopy of the original document.
6.6.1 Applicants who obtained their high school education in a foreign
country must have their high school credentials evaluated by a recognized
educational documentation evaluation center for equivalency.
6.7 Examinations:
For applicants applying by endorsement the results of any required
examination under Section 4.0 must be submitted directly to the Division by
the state Board of Hairdressing in which the examination was administered.
6.8 Fees:
The application fee of twenty-five dollars ( $ 25.00) made payable to the
General Treasurer, State of Rhode Island (non-returnable nor non-refundable);
Section:
7.0 LICENSING BY EXAMINATION
Applicants shall be required to satisfactorily pass a written and
practical examination for the specific class of license the applicant is seeking
(barber, hairdresser/cosmetician, manicurist, esthetician or hairdressing
instructor), as determined by the division to test the qualifications of the applicant to
practice in a specific classification(s) in accordance with the statutory and
regulatory requirements herein.
7.1 For written examination the division may administer a nationally
recognized examination such as the National Interstate Council (NIC) of
State Boards of Hairdressing Examination or such other examination from a
recognized examination service or agency as may be determined by the division.
7.1.1 The minimal passing score of the written examination administered
by the Division for Hairdresser/Cosmetology, Hairdressing Instructor, Esthetician,
manicuring and Barbering shall be seventy percent (70%).
7.2 Practical examinations shall be given in a manner prescribed by the
Division.
7.2.1 Examinations shall be given at least twice a year, and at such time
and place as designated by the division.
7.2.2 The minimal passing score for the practical examination
administered by the Division for Hairdresser/Cosmetology, Hairdressing Instructor,
Esthetician and Manicuring shall be seventy percent (70%).
7.2.3 The minimal passing score for the practical examination
administered by the Division for Barbering shall be seventy percent (75%).
7.3 Re-Examination
In case of failure of any applicant to satisfactorily pass an examination
the applicant shall be entitled to re-examination. The fee for each
re-examination shall be twenty-five dollars ( $ 25.00) (non-refundable) made payable by
check or money order to the General Treasurer, State of Rhode Island.
Section:
8.0 REQUIREMENTS FOR APPLICANTS LICENSED IN ANOTHER STATE
8.1 Any person licensed to practice barbering, hairdressing and cosmetic
therapy, manicuring or esthetics in another state where the requirements are
the equivalent of those of this state, the applicant shall be entitled to a
license for barbering, hairdresser/cosmetician, manicurist or esthetician, upon the
acceptance of his or her credentials by the division.
8.2 The applicant must have satisfactorily passed a written and practical
examination administered by the Division, or another state Board, of the
theory and practice of barbering, hairdressing/cosmetician, manicuring or
esthetics, depending on the licensure classification which the applicant is seeking.
8.2.1 If the requirements of another state are not equivalent to the
requirements of this state then:
8.2.1.1 The division may grant a hairdresser/cosmetologist applicant one
hundred (100) hours of instructional credit for each three (3) month period
that said hairdresser/cosmetologist applicant was licensed in another state and
actively practicing up to a limit of five hundred (500) hours.
8.3 Persons who have been duly licensed by examination under the laws of
other states of the United States or the District of Columbia shall not be
prevented from practicing the profession for which they have been trained in
either barbering, hairdressing and cosmetic therapy and/or manicuring or
esthetics in this state for a period of three (3) months, provided:
8.3.1 The applicant files an application to become licensed.
8.3.2 The privilege to work for three (3) months as provided for in
section 7.3 shall not be extended or renewed beyond the three (3) months from the
commencement of employment.
Section:
9.0 REQUIREMENTS FOR APPLICANTS FROM ANOTHER COUNTRY:
9.1 Any person trained to practice barbering, hairdressing and cosmetic
therapy, manicuring or esthetics in another country where the educational
requirements are essentially equivalent of those of this state may be
entitled to apply to sit for the licensing examination for barbering, hairdresser,
cosmetician, manicurist or esthetician, upon the acceptance of his or her
credentials by the division.
9.1.1 If the education and training requirements of another country are
not equivalent to the requirements of this state then:
9.1.1.1 The division may grant the applicant up to one thousand (1,000)
hours of instructional credit for a combination of foreign training and experience
of a minimum of two and one half years (thirty months) of actively practicing
their profession in a foreign country.
9.2 The applicant must satisfactorily meet all of the requirements of
section 3.0.
9.3 The applicant shall not be prevented from practicing the profession
for which they have been trained either in barbering, hairdressing and cosmetic
therapy and/or manicuring or esthetics in this state for a period of three
(3) months, provided:
9.3.1 The applicant files an application to become licensed.
9.3.2 The privilege to work for three (3) months as provided for in
section 8.3 shall not be extended or renewed beyond the three (3) months from the
commencement of employment.
Section:
10.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE.
10.1 The Administrator of the division shall issue to applicants who have
satisfactorily met the licensure requirements herein, a license to practice
barbering, hairdressing/cosmetology, or manicuring or esthetics or to be an
instructor in this state. Said license unless sooner suspended or revoked,
shall expire on the thirtieth (30th) day of September of every other year
following the date of issuance of original license, which will be determined on an
oddeven year basis.
10.2 On or before the first (1st) day of September of every year, the
Administrator of the division shall mail an application for renewal of
license to every person scheduled to be licensed that year on an odd/even basis with
respect to the license number. Every person so licensed who wishes to renew
his or her license shall file with the Administrator of the Division such
renewal application duly executed together with the renewal fee of thirty dollars
( $30.00) made payable by money order or check to the General Treasurer, State
of Rhode Island, and submitted to the division before the fifteenth (15th) day
of September in each renewal year.
10.3 Upon receipt of such renewal application and fee, the Administrator
of the Division shall grant a renewal license effective October 1st and
expiring two (2) years later on September 30th.
10.4 Any person who has failed to renew his or her license on or before
the 30th day of September following the date of issuance may be reinstated by
the division upon payment of the current renewal fee of thirty dollars ( $
30.00) and an additional fee of fifteen dollars ( $ 15.00) for each year said
license has lapsed.
10.5 Each licensee shall have his or her license on their person while
performing the duties for which they are licensed and shall be readily
available upon the request of an agent of the Division.
Section:
11.0 DEMONSTRATOR'S PERMIT
11.1 Any person recognized by the division as an authority or expert in
the theory or practice of barbering, hairdressing and cosmetic therapy and/or
manicuring or esthetics and is the holder of a current esthetician's,
manicurist's, or a barber's, hairdresser's and cosmetician's license in this
state or another state or the District of Columbia may be issued by the
division a permit for not more than six (6) days duration for educational and
instructive demonstration.
11.1.1 For the purposes of these Rules and Regulations an authority or
expert in the theory or practice of barbering, hairdressing and cosmetic therapy
and/or manicuring or esthetics shall be any person sponsored by a recognized
manufacturer or distributor of hair and/or skin products, or sponsored by a
state Hairdressing or Barber Association.
11.2 Furthermore, a demonstrator shall be a person qualified to
demonstrate in the area of specialty(ies) such as barbering, hairdressing, cosmetology,
manicuring or esthetics, to licensed hairdressers, cosmetologists,
manicurists, or estheticians, and/or to students in approved schools which shall exclude
public participation.
11.3 A demonstrator's permit shall not be used in the sense of a license
to practice barbering, manicuring, esthetics or hairdressing and cosmetic
therapy.
11.4 Applicants seeking a demonstrator's permit must apply to the
division, complete forms provided by the division and return said forms to the
division accompanied by the fee of twenty-five dollars ( $ 25.00) made payable by
check or money order to the General Treasurer, State of Rhode Island.
11.5 Upon review of the application and credentials and such other
information as the Board may find necessary, the Board shall advise the
Division regarding the issuance of a demonstrator's permit.
PART II LICENSURE REQUIREMENTS FOR SHOPS
Section:
12.0 GENERAL REQUIREMENT
12.1 No shop, place of business or establishment shall be opened or
conducted within the state by any person, association, co-partnership, corporation, or
otherwise for the practice of barbering, manicuring and/or hairdressing and
cosmetic therapy or esthetics without being licensed in accordance with the
statutory and regulatory provisions herein.
12.2 No license shall be granted to any shop, place of business or
establishment for the practice of barbering, hairdressing and cosmetic
therapy unless the proprietor or supervising manager in the practice of barbering,
hairdressing and cosmetic therapy thereof is duly licensed and shall have
been licensed as a hairdresser and cosmetician for a period of at least one (1)
year immediately prior to the filing of the application for the licensure of the
shop.
12.3 No license shall be granted to any shop, place of business or
establishment for the practice of manicuring or esthetics unless the
proprietor or a supervising manager thereof is duly licensed in this state and shall
have been so licensed as a barber, hairdresser, and cosmetician, manicurist or
esthetician for a period of at least one (1) year immediately prior to the
filing of the application for said license.
12.4 No "new" shop shall open for business until it has been inspected
and a license issued for its operation by the Division.
12.5 Persons working in a shop who are independent contractors, not
considered to be employees of the shop owner for tax purposes, are
considered to be an independent business requiring a separate Hair Design Shop license.
Section:
13.0 EXEMPTIONS
13.1 Nothing in this section shall restrict a hairdresser licensed
pursuant to the Act and these Rules and Regulations, operating in a licensed nursing
service agency, from providing services to an individual who is home bound
at their home. For purposes of this section, "homebound" shall be defined as
any person who is considered housebound for purpose of federal medicare
eligibility.
13.2 Nothing in this section shall restrict any Barber, Hairdresser/Cosmetologist, Manicurist or Esthetician from providing services to an individual who is homebound at their home as verified by a licensed health care professional.
Section:
14.0 APPLICATION FOR LICENSE AND FEE
14.1 Application for a license to conduct, maintain or operate a shop for
the practice of barbering, hairdressing and cosmetic therapy, or manicuring, or
esthetics shall be made of forms provided by the Division and shall contain
such information as the licensing agency reasonably requires, and in accordance
with the provisions herein.
14.2 Forms shall be completed, notarized and submitted to the Division
with the following documentation:
14.2.1 evidence of compliance with the local zoning laws, in which the
shop, place of business or establishment is located;
14.2.2 application for registration of the supervising manager;
14.2.3 a listing of the names and addresses of direct or indirect owners
whether individual, partnership, or corporation; and
14.2.4 license fee of seventy-five dollars ( $ 75.00) made payable by
check or money order to the General Treasurer, State of Rhode Island.
Section:
15.0 ISSUANCE AND RENEWAL OF LICENSE AND FEE
15.1 Upon receipt of an application for a Hair Design Shop license, the
applicant shall arrange with the Division for an inspection of the premises
to determine if the premises are in compliance with these Rules and Regulation.
15.2 Upon satisfactory results of the inspection the Division shall issue
a license or renewal thereof for a period of no more than one (1) year, if the
applicant meets the requirements of the regulations herein. Said license,
unless sooner suspended or revoked, shall expire on the first day of July following
the date of issuance and may be renewed from year to year subject to inspection
and approval by the Division.
15.3 For each license renewal thereof the licensure renewal fee of
seventy-five dollars ( $ 75.00) made payable by check or money order to the
General Treasurer, State of Rhode Island must accompany the application
renewal form provided by the Division.
15.4 A license shall be issued to a specific licensee for a specific
address and shall not be transferable to a new address. The license shall be issued
only for the premises and the individual owner, operator or lessee or to the
corporate entity responsible for the operation.
15.5 A license issued hereunder shall be the property of the state and
loaned to such licensee and it shall be kept posted in a conspicuous place on the
licensed premises.
Section:
16.0 ORGANIZATION AND MANAGEMENT (MANAGER)
16.1 Each shop, establishment or business engaged in barbering,
hairdressing and cosmetology, manicuring or esthetics shall have an individual to serve
as manager, who could be the owner, provided said individual meets the qualifications of section 11.2 herein. Said manager shall furthermore be required to be available at all times during the hours of the shop's operation.
16.2 In addition, the manager of each shop shall be registered with the
Division. Written documentation of name, address and qualifications of the
manager must be submitted by the owner to the Division.
16.3 No manager shall manage more than one shop at any given time.
16.4 The owner of a licensed shop and the manager shall notify the
Division in writing within ten (10) days from the date of termination of employment
of the manager of any licensed shop, establishment or place of business. The
license of said shop shall expire forty-five (45) days from the date the
Division was notified by the owner, if no manager meeting the qualifications
of section 11.2 herein is registered with the Division.
Section:
17.0 ENVIRONMENTAL MAINTENANCE AND SANITATION
Each shop, establishment or place of business shall be maintained to
provide a safe, sanitary, clean and comfortable environment. All furnishings shall
be kept in good repair. The premises shall be kept free of hazards at all times.
17.1 The following sanitary practices shall be exercised at all times:
17.1.1 hand washing between patrons with soap and warm water;
17.1.2 a clean towel shall be used for each patron;
17.1.3 all linens and towels shall be deposited in a closed receptacle
after use;
17.1.4 used linens and towels shall be laundered either by commercial
laundering or by a noncommercial laundering process which includes immersion
in water at a temperature of at least 140 F for not less than fifteen (15)
minutes during the washing or rinsing treatment;
17.1.5 whenever a haircloth, protective drape or cape is used on a
patron, a clean towel or other clean protection shall be placed around the patron's
neck in such a manner as to prevent the patron's skin from contacting the
haircloth, protective drape or cape;
17.1.6 the headrest of chairs shall be covered with a clean towel or
paper sheet for each patron.
17.1.7 All combs, brushes, non electrical instruments with a sharp point
or edge (scissors, tweezers cuticle nippers, manicure/pedicure scissors etc.)
and other such articles, after use on a patron, must be;
17.1.7.1 thoroughly cleaned with a detergent and hot water and then
rinsed;
17.1.7.2 treated with an effective disinfectant registered by the
Environmental Protection Agency (EPA) with demonstrated bactericidal,
fungicidal and virucidal activity and used according to manufacturer's instructions.
17.1.7.3 stored until their next use in a manner which will prevent
recontamination.
17.1.8 All electrical instruments (clippers, vibrators, etc.), after use
on a patron, must be;
17.1.8.1 thoroughly cleaned to remove foreign matter;
17.1.8.2 treated with an effective disinfectant registered by the
Environmental Protection Agency (EPA) with demonstrated bactericidal,
fungicidal and virucidal activity and used according to manufacturer's instructions.
17.1.8.3 stored until their next use in a manner which will prevent recontamination.
17.1.9 When household bleach is used for disinfecting environmental
surfaces it shall be used in a 1:100 dilution (or 1/4 cup bleach to a gallon of tap
water).
17.1.10 Personal Attire - barbers, hairdressers and cosmeticians,
manicurists and estheticians shall be properly attired in a clean and easily washable
uniform and/or outer garment.
17.1.11 The use of a lancet or any other type of device to break the skin
is prohibited.
17.1.12 The use of a straight edge multi-use razor is prohibited. Only
single use (disposal) razors are acceptable and shall be properly discarded after
each use.
17.1.13 The use of a razor blade callus shaver is prohibited.
17.1.14 The reuse of any depilatories and any paraffin wax which has been
adhered to any part of a client's body is prohibited.
17.1.15 No persons shall bring any animal, fowl, reptile, etc., into or
permit any animal, fowl, reptile, etc., to be brought into, or permit any
animal, fowl, reptile, etc., to remain in a shop. Trained dogs accompanying
sightless or hearing impaired persons are exempted from this section.
Aquariums containing fish are allowed.
17.1.16 The multi use of cosmetics is prohibited. This includes the use
of:
17.1.16.1 applicators, septic pencils which are not disposable;
17.1.16.2 multi-use of lipsticks, powder puffs and brushes;
17.1.16.3 curlers and such supplies in which hair strands cannot be
easily removed or cleaned or sanitized; and
17.1.16.4 any such other equipment and supplies which the Division may
determine inappropriate because of sanitary and safety reasons.
17.1.17 When only a portion of a cream, liquid, powder or other cosmetic
preparation is to be removed from the container, it shall be removed in such
a way as not to contaminate the remaining portion.
Section:
18.0 STRUCTURAL, AIR AND ENVIRONMENTAL REQUIREMENTS, EQUIPMENT AND
SUPPLIES
18.1 A shop, place of business or establishment licensed to practice
hairdressing and cosmetic therapy, manicuring or esthetics must meet the
following structural requirements:
18.1.1 the Fire Safety requirements of the State Fire Code;
18.1.2 the State Building Code Commission requirements;
18.1.3 the local zoning laws; and
18.1.4 Federal Occupational Safety and Health Administration (OSHA)
standards for air contaminants as published in the Federal Register CFR 1910.1000 "Air
Contaminants".
18.2 Furthermore, the following provisions must be maintained:
18.2.1 every salon must have an adequate supply of potable hot and cold
water;
18.2.2 the floors must have washable floor coverings;
18.2.3 storage space must be provided to keep clean supplies and linens
separate from soiled linens and supplies.
18.2.4 Each shop shall provide, on the premises or in the same building,
adequate (in compliance with the state Plumbing Code) toilet and lavatory
facilities. Toilet facilities and hand washing sinks shall be kept clean and
sanitary without offensive odors and in working condition at all times. Each
hand washing sink shall have a soap dispenser and disposable towels or an
air dryer for hands.
18.3 An adequate amount of appropriate equipment, instruments and
supplies consonant with the type of services provided, shall be maintained on the
premises. In addition:
18.3.1 covered receptacles must be provided for debris;
18.3.2 containers and/or cabinets for clean supplies and soiled towels
and/or articles;
18.3.3 clean and soiled supplies must be kept separately, e.g. towels,
combs, brushes, etc.
18.3.4 All mechanical and electrical equipment shall be maintained in a
safe and operating condition.
PART III INSPECTION, ADVERTISING AND PERMANENT MAKE-UP
Section:
19.0 INSPECTIONS
19.1 Any person duly authorized by the Division may enter any shop, place
of business or establishment licensed under the provisions herein during the
hours of operation or instruction, for the purpose of inspecting the sanitary
conditions thereof and ascertaining compliance with the requirements of the
Act and the regulations herein.
19.2 Failure or refusal of the person in charge of the shop, place of
business or establishment to permit such inspection at all reasonable times
shall be deemed sufficient cause for the revocation of any license issued to
said shop, place of business or establishment.
Section:
20.0 ADVERTISING
20.1 No person or establishment licensed under the statutory and
regulatory provisions herein shall advertise by written or spoken words of a character
tending to deceive or mislead the public.
Section:
21.0 PERMANENT MAKE-UP
21.1 The implanting of pigment into the skin or "permanent make-up" is prohibited by any person licensed under the Act and these Rules and Regulations
unless such person is also licensed as a Tattoo Artist.
PART IV REVOCATION OR SUSPENSION, VIOLATIONS, SANCTIONS, PRACTICES AND
PROCEDURES AND SEVERABILITY
Section:
22.0 REVOCATION OR SUSPENSION OF LICENSE, PERMIT OR CERTIFICATE
22.1 Any license, permit, certificate of approval or registration issued
by the Division may be revoked or suspended by said division for violation of
any provisions of the Act and the regulations herein. Furthermore failure to
comply with the regulations herein, for failure to comply with the prevailing
standards of practice, or for such other cause as said division deems sufficient, may
be cause for the license, permit or certification of approval or registration
to be denied, suspended or revoked, provided however that no such license permit
or certificate of approval shall be so suspended or revoked without having been
given ten (10) days notice in writing specifying the complaint made and the
charges preferred against the accused and a reasonable opportunity given
said accused to present evidence and testimony and to be represented by counsel
at a hearing or hearings, to be held by said division upon said complaint and
charges preferred against said accused.
Section:
23.0 RULES GOVERNING PRACTICES AND PROCEDURES
23.1 All hearings and reviews required under the provisions of the Act
shall be held in accordance with requirements of the "Rules and Regulations
Governing the Practices and Procedures Before the Rhode Island Department of Health
(R42-35-PP)."
Section:
24.0 SEVERABILITY
24.1 If any provision of these rules and regulations or the application
thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the provisions or application of the rules and regulations
which can be given effect, and to this end the provisions of the rules and
regulations are declared to be severable.
Department of Health
AS AMENDED November 1965, June 1970, June 1972, May 1973, December 1987,
April
1988, March 1991, December 1992, August 1995
WEIL'S CODE OF RHODE ISLAND RULES
Copyright (c) 1992-2002 Weil Publishing Co., Inc.
All rights reserved
*** THIS DOCUMENT IS CURRENT THROUGH THE MAY 2002 REVISION ***
AGENCY 14. DEPARTMENT OF HEALTH
SUB-AGENCY 140. PROFESSIONAL REGULATION DIVISION
CHAPTER 041. RULES AND REGULATIONS FOR THE REGISTRATION OF TATTOO ARTISTS
AND
TATTOO PARLORS
14 140 041 Rules and Regulations for the Registration of Tattoo Artists and
Tattoo Parlors
INTRODUCTION
These Rules and Regulations for the Registration of Tattoo Artists and
Tattoo Parlors (R23-1-TAT) are promulgated pursuant to the authority conferred
under section 23-1-39 of the General Laws of Rhode Island, as amended, and are
established for the purpose of adopting minimum requirements for the
registration of tattoo artists and tattoo parlors in this state.
In accordance with the provisions of section 42-35-3 of the General Laws
of Rhode Island, as amended, in the development of the regulations,
consideration was given to: (1) alternative approaches to the regulations; (2) duplication
or overlap with other state regulations; and (3) any significant economic
impact on small business as defined in Chapter 42-35 of the General Laws. Based on the
available information, no known alternative approach, duplication or overlap
was identified. The health, safety and welfare of the public overrides any
economic impact which may be incurred from these proposed regulations.
These amended rules and regulations shall supersede any other rules and
regulations pertaining to tattoo artists and parlors promulgated by the
Department of Health and filed with the Secretary of State.
TABLE OF CONTENTS
PART I Registration Requirements For Tattoo Artists
1.0 Definitions
2.0 Registration Requirements
3.0 Qualifications
4.0 Application and Registration Fee
5.0 Registration of Tattoo Artists
6.0 Issuance and Renewal of Registration and Fee
7.0 Tattooing Practice
8.0 Denial, Suspension or Revocation of Registration
9.0 Severability
PART II Registration Requirements For Tattoo Parlors/Shops
10.0 Administration
11.0 Registration Requirements
12.0 Application for Registration and Fee
13.0 Issuance and Renewal of Registration and Fee
14.0 Change of Ownership, Operation and/or Location
15.0 Inspections
16.0 General Operational Requirements
17.0 Retention of Records
18.0 Denial, Suspension or Revocation of Registration
19.0 Deficiencies and Plans of Correction
20.0 Variance
21.0 Severability
References
PART I REGISTRATION REQUIREMENTS FOR TATTOO ARTISTS
Section 1.0 Definitions
Wherever used in these rules and regulations, the terms listed below
shall be construed as follows:
1.1 "Act" means section 23-1-39 of the General Laws entitled "Tattooing."
1.2 "Communicable disease" means any disease caused by an infectious
agent which may be transmitted directly or indirectly from one individual to
another.
1.3 "Director" means the Director of the Rhode Island Department of Health.
1.4 "Division" means the Division of Professional Regulation at the Rhode
Island Department of Health.
1.5 "Person" means any individual, trust or estate, partnership,
corporation (including but not limited to associations, joint stock companies,) state,
or political subdivision or instrumentality of the state.
1.6 "Registration agency" means the Rhode Island Department of Health.
"Registration agency" and "licensing agency" are synonymous.
1.7 "Repigmentation" means recoloration of the skin as a result of the
following:
a) dermabrasion, chemical peels, removal or resolution of birthmarks,
vitiligo or other skin conditions which result in the loss of melanin to the
skin;
b) scars as a result of surgical procedures, such as cosmetic facial
surgery, mole or wart removal, cauterization, etc.;
c) recoloration to burn grafts and other skin irregularities as a result
of burns or photo-damage;
d) recreation of an areola or nipple, following mastectomy; or
e) irregularly pigmented skin which may require cheek blush or other
blending of pigments into the skin to camouflage.
1.8 "Aseptic technique" means the practice of preventing the transmission
of infectious agents into the human body by using standard aseptic procedures.
1.9 "Tattoo" means to mark or color the skin by introduction of non-toxic
dyes or pigments into the skin. For the purposes of these rules and
regulations, "tattooing" includes cosmetic procedures such as eye lining, lip lining, or
repigmentation, as defined herein.
1.10 "Tattoo artist" means an individual who is registered in this state
to practice tattooing in accordance with the requirements herein.
1.11 "Tattoo parlor/shop" means any establishment operated by any person
for the purpose of offering or conducting tattooing.
Section 2.0 Registration Requirements
2.1 Pursuant to section 23-1-39 of the Act, no person shall engage in the
practice of tattooing or hold himself/herself as a tattoo artist in this
state unless he/she is registered in this state under the statutory and regulatory
provisions herein. Provided, that physicians duly licensed to practice
medicine in the state of Rhode Island under the provisions of Chapter 5-37 of the
Rhode Island General Laws, as amended, shall be exempt from this registration
requirement. However, a physician engaged in the practice of tattooing in
his/her private office shall be required to register the site as a tattoo
parlor/shop and meet the requirements of Part II of the rules and regulations
herein.
Section 3.0 Qualifications
3.1 Any applicant seeking registration in this state must:
a) be over 18 years of age;
b) be of good moral character; and
c) demonstrate knowledge of aseptic tattooing technique via inspection,
as indicated in section 5.0.
Section 4.0 Application & Registration Fee
4.1 Application for registration shall be made on forms provided by the
Division of Professional Regulation, Rhode Island Department of Health,
including a request for inspection form, which shall be completed and
submitted to the Division. Such application shall be accompanied by the following
documents:
a) For U.S citizens: a certified copy of birth certificate;
For non-U.S citizens: proof of lawful entry into the United States and
proof of lawful eligibility for employment in the United States;
b) A registration fee of fifty dollars ($ 50.00) made payable by cash,
check or money order to the General Treasurer, state of Rhode Island;
c) A recent identification photograph of the applicant, head and
shoulders, front view, approximately 2 x 3 inches in size; and,
d) A completed "Inspection Request" form. Said inspection will be
completed within ninety (90) days of application.
4.2 Any applicant who has not previously been issued a registration by
the Department will be required to submit to a technique inspection, as set
forth in section 5.0, before a registration shall be issued.
Section 5.0 Registration of Tattoo Artists
5.1 By Examination
Applicants seeking registration as a tattoo artist shall be required to
demonstrate aseptic tattooing technique via an examination administered by
the Department, to test the applicant's fitness to engage in the practice of
tattooing. Such examination shall test the applicant's knowledge and
practices of infection control and such other areas as may be deemed necessary, and
shall be administered upon completion and review of the application.
a) Applicants who have not satisfactorily met the application
requirements herein relating to the examination described above will be given two (2)
additional opportunities to demonstrate tattooing technique. Failure to meet
all technique requirements will result in denial of registration.
b) Applicants wishing to reapply for registration may do so after a six
(6) month waiting period between attempts at the examination.
Section 6.0 Issuance & Renewal of Registration & Fee
6.1 The Director shall issue to applicants who have satisfactorily met
the application and examination requirements herein, a registration to practice
tattooing in the state. This registration, unless sooner suspended or
revoked, shall expire on December 31st of each year.
6.2 On or before the first day of November in each year, an application
for renewal of registration shall be mailed to every person to whom a
registration has been issued during the current year.
Every person so registered who desires to renew his/her registration
shall file with the Division:
a) Such renewal application, completed and signed by the applicant; and,
b) The fee of fifty dollars ($ 50) made payable by cash, check or money
order to the General Treasurer, state of Rhode Island.
6.3 Lapsed Registration
a) Any registrant who allows the registration to lapse may have same
reinstated by submitting to the registration agency, an application and
accompanying documents, as required in section 4.0 herein.
b) Any registrant whose registration lapses for two (2) or more years
shall be required to submit to the practical examination of aseptic tattooing
technique administered by the Department.
Section 7.0 Tattooing Practice
7.1 A registered tattoo artist shall maintain sanitary and safe practice
in accordance with prevailing standards contained herein.
7.2 Dyes, Pigments, and Stencils:
a) All dyes and pigments shall be manufactured for the purpose of
tattooing and used according to the manufacturer's specifications.
b) In preparing dyes or pigments, non-toxic materials shall be used.
c) Single-use, sterile, individual containers for dyes or pigments shall
be used for each patron.
d) The stencil, unless composed of acetate, shall be used for a single
tattoo procedure only. Acetate stencils may be disinfected and re-used.
7.3 Tattoo Procedures:
A tattoo artist shall conduct his/her tattooing practice so as to prevent
the transmission of communicable diseases from client to client and from artist
to client. Tattoo artists shall maintain at least the following minimum
standards in the practice of tattooing:
a) The area of the body to be tattooed, and all parts of the body which
are visible, shall be examined for signs of intravenous drug use, open sores,
lesions, oozing wounds, and skin diseases. If such are found, or suspected,
the person shall not be tattooed.
b) Each tattoo artist shall wear a clean outer garment. If the garment is
visibly contaminated with blood, it shall be changed between clients.
c) Before working on each client, each tattoo artist shall clean his/her
own fingernails with a brush and shall thoroughly wash and scrub hands with hot
running water, using germicidal soap from a dispenser. Hands must also be
washed after each rest room use, before putting on gloves and after taking off
gloves.
7.4 Tattoo Materials:
a) All materials necessary for the tattooing process shall be set up on a
single-use disposable sterile cloth (e.g., polycloth). All
autoclaved/sterile packs shall be opened ready for use without touching the interior of the
pack. Single-use or collapsible tubes shall be used for lubricants.
b) Any shaving shall be done with a single use razor blade or razor.
c) The skin shall be prepared first by thoroughly soaping with an
antiseptic soap and rinsing with tap water. Following this cleansing, a germicidal
solution (such as 70% isopropyl alcohol) shall be applied to the skin using a sterile
swab.
d) Stencil transfer medium shall be applied (if applicable) using sterile
swabs and prepared clean stencil shall be applied to the skin.
e) After applying the stencil, the tattoo artist shall remove and discard
gloves and again wash and scrub his/her hands with soap and water and dry
hands using paper towels.
f) Prior to commencing application of the tattoo, the tattoo artist shall
then put on sterile gloves, which shall be used for a single tattooing
procedure only.
g) If there is a need to rinse the tube and needle between colors, this
shall be done with ninety-one percent (91%) isopropyl alcohol or sterile water in
sterile single-use disposable containers or non-disposable sterilized
containers.
h) As the tattoo operation progresses, any excess dye or pigment applied
to the skin shall be removed with sterile, lint-free material.
i) The tattoo shall be allowed to dry. After drying, a sterile lubricant
shall be applied from a collapsible metal or plastic tube, and the entire
area covered with a piece of sterile gauze.
j) Needles shall be immediately deposited into a puncture-resistant
infectious waste sharps container. Needles shall not be reused.
k) All used needles and any blood soaked material shall be handled and
discarded according to the Rules and Regulations Governing the Generation,
Transportation, Storage, Treatment, Management and Disposal of Regulated
Medical Waste (DEM-DAH-MW-01-92) of reference 1. All other material shall be
discarded appropriately.
l) All tubes and line bars must be rinsed with tap water and then placed
in a germicidal solution (e.g., Cidex) or directly into an ultrasonic cleaner.
m) Sterile gloves shall be removed and discarded in accordance with the
requirements of the Rules and Regulations Governing the Generation,
Transportation, Storage, Treatment. Management and Disposal of Regulated
Medical Waste (DEM-DAH-MW-01-92) of reference 1.
n) Immediately after tattooing, the tattoo artist shall advise the
patron--both verbally and in writing--on the care of the tattoo and shall
instruct the patron to consult a physician at the first sign of infection
(such as excessive pain, redness, swelling, or discharge) in the area of the
tattoo.
o) All work surfaces and non-autoclaved equipment (e.g., tattoo machine
and pliers) used in the tattoo process shall be cleaned with an EPA-approved
bactericidal, virucidal, fungicidal, tuberculocidal surface disinfectant/decontaminant cleaner between clients. Gloves shall be used in the cleaning process. Subsequently, the artist shall wash his/her hands with a germicidal soap after cleaning work surfaces and equipment.
p) After tattooing, the remaining unused dye or pigment shall be
discarded in accordance with the requirements of the Rules and Regulations Governing the
Generation, Transportation, Storage, Treatment, Management and Disposal of
Regulated Medical Waste (DEM-DAH-MW-01-92) of reference 1. Non-disposable
individual containers shall be resterilized, according to specifications in section 7.7 herein.
7.5 Tattoo Equipment:
a) A set of individual, single-use sterilized needle bars shall be used
for each new patron. Before each use, the open end of the needle tube of the
tattooing machine shall be cleaned and sterilized in an approved manner as
set forth in 7.6 below.
b) The needle tubes shall be cleaned by use of an ultrasonic cleaner and
sterilizer. Immersion time for all equipment shall be five (5) minutes.
Ultrasonic cleaning tank detergent shall be changed daily. The tank shall be
scrubbed thoroughly with a ninety-one percent (91%) solution of isopropyl
alcohol between detergent changes.
c) Adequate numbers of sterilized needles and tubes shall be on hand for
each operator for the entire day or night operation, based on the average number
of clients per day. Failure to maintain an adequate number of sterilized
needles and tubes shall require the artist to cease operations until such time as an
adequate number becomes available.
d) All items of equipment which may be touched during the tattoo process
such as clip cords, machine heads, spray bottles, etc., shall be capable of being
sheathed easily with a disposable impervious covering.
e) Storage cabinets shall be maintained in a sanitary condition and all
instruments, dyes, pigments, stencils and other equipment, when not in use,
shall be stored in an orderly manner.
7.6 Sterilization:
a) Sterilizing of instruments:
Operational sterilizers shall be available in each tattoo parlor. All
needle bars, grips and needle tubes shall be sterilized after each use by autoclaving
under fifteen (15) pounds of pressure for twenty (20) minutes. Autoclave
temperature shall not be less than two hundred seventy-three (273 [degrees])
degrees Fahrenheit or one hundred thirty-six (136 [degrees]) degrees
Celsius, or according to manufacturer's specifications.
b) Autoclave units shall be checked monthly, using a standard spore test,
with results maintained on file for inspection. Autoclave units shall be
maintained in accordance with manufacturer's specifications. Records of said
monthly checks shall be maintained for a minimum of two (2) years.
i) A log book shall be maintained for the results of said monthly
inspections and shall include no less than the following items: date of inspection,
results of inspection, and the signature of the tattoo artist who conducted the
inspection.
c) The sterilizing date shall be noted, and evidence of sterilization
shall be demonstrated by color indicator or equivalent. Packs shall be used within
thirty (30) days or resterilized.
7.7 Restrictions:
7.7.1 Chapter 11-9-15 of the General Laws, entitled "Tattooing of
Minors", prohibits the tattooing of minors (persons under the age of eighteen [18])
in this state.
Section 8.0 Denial, Suspension or Revocation of Registration
8.1 The Director is authorized to deny an application, or revoke a
registration for cause (e.g., conviction of crimes) or for failure of an
applicant or registrant to comply with the provisions of these rules and
regulations.
8.2 Whenever an action shall be proposed to deny an application, or
suspend a registration, the Director shall notify the person by registered mail
setting forth the reason(s) for the proposed action.
8.3 The applicant or registrant shall be given an opportunity for a
prompt and fair hearing in accordance with the provisions of Chapter 42-35 of the
General Laws of Rhode Island, as amended, and the Rules and Regulations of
the Rhode Island Department of Health Regarding Practices and Procedures Before
the Department of Health and Access to Public Records of the Department of
Health (R42-35-PP).
8.4 If it is determined that a person is violating any provisions of the
rules and regulations herein, the Director may issue an order to ensure
compliance in accordance with the provisions of sections 23-1-20 through
23-1-25 of the Rhode Island General Laws, as amended.
Section 9.0 Severability
9.1 If any provision of these rules and regulations or the application
thereof to any individual, facility or circumstance shall be held invalid,
such invalidity shall not affect the provisions or application of the rules and
regulations which can be given effect, and to this end the provisions of the
regulations are declared to be severable.
PART II REGISTRATION REQUIREMENTS FOR TATTOO PARLORS/SHOPS
Section 10.0 Administration
10.1 The Department of Health shall be responsible for the administrative
functions required to implement the provisions of section 23-1-39 of the
General Laws of Rhode Island, as amended, and the rules and regulations herein, as
they apply to the registering of tattoo parlors/shops.
Section 11.0 Registration Requirements
11.1 No person, acting severally or jointly with any other person, shall
conduct, maintain, or operate a tattoo parlor/shop in the state without a
registration issued by the registration agency.
11.2 No person, firm, partnership or corporation shall describe its
services in any manner under the title "Tattoo" unless such services as defined
herein are performed in a parlor/shop that is registered with the Department of
Health in accordance with the provisions of the rules and regulations for
registering of tattoo parlors/shops.
Section 12.0 Application for Registration & Fee
12.1 Application for a registration to conduct, maintain, or operate a
tattoo parlor/shop shall be made in writing on forms provided by the Division of
Facilities Regulation and shall be submitted at least ninety (90) days prior
to the opening of the tattoo parlor/shop.
12.2 The application for registration shall include:
a) the address of the place of business;
b) the address of the owner and/or manager;
c) the name of the manager who shall be registered with the Rhode Island
Department of Health;
d) written documentation that the owner and/or manager is at least
eighteen (18) years of age;
e) criminal convictions of the corporation, owner and/or manager, if any,
except minor traffic violations;
f) a list of all owners and partners;
g) a list of owners holding fifty percent (50%) or more stock;
h) the fee of fifty dollars ($ 50.00) made payable by cash, check or
money order to the General Treasurer, state of Rhode Island;
i) a list of all equipment;
j) a floor plan of the tattoo parlor/shop;
k) appropriate certificates of compliance with all applicable local and
state codes;
l) written operating policies and procedures pertaining to such matters
as hours of business operation, nature of services, sanitation, and safety
procedures established for the protection of patrons and employees.
Section 13.0 Issuance & Renewal of Registration & Fee
13.1 Upon approval, the Division of Facilities Regulation shall issue a
registration. Said registration, unless sooner suspended or revoked, shall
expire by limitation on December 31st, following its issuance and may be
renewed from year to year after inspection and/or approval by the registration
agency, provided the applicant meets the appropriate statutory and regulatory
requirements herein.
13.2 A registration shall be issued only to a specific applicant for a
specific location, and shall not be transferable.
13.3 The annual registration renewal fee of fifty dollars ($ 50.00) made
payable by cash, check or money order to the General Treasurer, state of
Rhode Island, shall accompany the application for the annual license renewal.
13.4 Any registrant who allows the registration to lapse may have the
same reinstated by submitting an application, the accompanying documents, the fee
as required in section 12.0 herein and other such documentation as deemed
appropriate.
Section 14.0 Change of Ownership, Operation and/or Location
14.1 When a change of ownership, operation, location, or discontinuation
of business of a tattoo parlor/shop is contemplated, the owner and/or manager
shall notify the registration agency in writing prior to the proposed action.
14.2 When there is a change in ownership, or in the operation or control
of a registered tattoo parlor/shop, the registration shall immediately become
void and shall be returned to the registration agency. However, the registration
agency reserves the right to extend the expiration date of such
registration, allowing the facility to operate under the same conditions which applied to
the prior registrant for such time as shall be required for the processing of a
new application, but not to exceed thirty (30) days.
Section 15.0 Inspections
15.1 Duly authorized representatives of the registration agency shall, at
all reasonable times, have the authority to enter upon any and all parts of the
premises on which any tattoo parlor/shop is located (and of the premises
appurtenant thereto) to make any investigation or inspection to determine
conformity with the statutory and regulatory provisions herein.
15.2 Refusal to permit inspection or investigation shall constitute valid
grounds for registration denial or revocation.
15.3 Applicants who have not satisfactorily met the requirements herein
related to the inspection described above will be given one (1) additional
facility inspection. Failure to meet all requirements will result in denial
of registration.
a) Applicants wishing to reapply for registration may do so after a one
(1) year waiting period.
Section 16.0 General Operational Requirements
16.1 Personnel
a) Each facility shall submit to the registration agency the name of the
owner and/or manager who shall be responsible for:
i) The management and control of the operation and the maintenance of the
facility;
ii) The facility's conformity with state and local laws and regulations
pertaining to fire, safety, building sanitation, personnel and other relevant statutory and regulatory provisions; and,
iii) The establishment of policies and procedures, including but not
limited to, the practice of tattooing, sanitation protocols, infection control, the nature of services provided and other such policies and procedures as may be required.
b) Persons engaged in the practice of tattooing shall comply with the
Occupational Safety and Health Administration's (OSHA) Blood Borne Pathogen
Standards of reference 4 in order to protect themselves (and any employees)
against occupational exposure to bloodborne pathogens. Compliance shall
include, but not be limited to:
i) a written exposure control plan;
ii) staff training;
ii) engineering and work practice controls;
iv) adoption of universal precautions;
v) personal protective equipment;
vi) hepatitis B vaccinations; and,
vii) a protocol for evaluation in the event that an exposure occurs.
c) Only individuals who hold current Rhode Island registration as a
tattoo artist or a duly licensed physician shall practice tattooing and use the
title "tattoo artist" in accordance with the regulatory provisions of the rules
and regulations herein.
d) If the owner and/or manager of a facility is not a registered tattoo
artist, a registered tattoo artist shall be designated as the agent of the
manager and/or owner, responsible for the direct supervision of all
personnel and services related to the practice of tattooing. The name of said
designated individual shall be submitted to the registration agency.
16.2 Environment & Maintenance
Each tattoo parlor/shop shall be required to meet the following
provisions:
a) The facility shall be maintained in a sanitary condition free from
hazards.
b) All walls, ceilings, and floors shall be smooth and easily cleanable
and have a non-absorbent surface. There shall be no carpeting in the tattooing
area. Walls and ceilings are to be painted in a light color. Walls, ceilings and
floors shall be kept clean and in good repair, free from dust and debris.
Floors, walls or ceilings shall not be swept or cleaned while tattooing is
being performed.
c) Adequate light and ventilation shall be provided.
d) Each tattoo parlor/shop shall contain a hand sink in the tattooing
area for the exclusive use of the tattoo artist. The sink shall have hot and cold
running water. At the sink, there shall also be available: a soap dispenser,
disposable towels and refuse containers.
i) In facilities in which there are multiple tattooing workstations,
there shall be a minimum of one sink per every two workstations. Each sink shall
meet the requirements of section 16.2(d) above.
e) Toilets and hand-washing facilities shall be provided in convenient
locations in conformity with the Rhode Island State Building Code of
reference 2.
f) All work surfaces shall be smooth, non-porous and easily cleanable.
g) The facility shall be arranged so that work areas are separated from
waiting customers by providing a separate room for tattooing or by providing
at least ten (10) feet between work areas and partitioning the areas with
panels (or other barriers) at least six (6) feet high. The panel may be constructed
of solid opaque plastic or similar material.
h) Equipment and supplies shall be properly stored in designated storage
cabinets.
i) No smoking, eating or drinking shall be permitted in the tattooing
area.
16.3 Waste Disposal
Medical waste shall be managed in accordance with the Rules and
Regulations Governing the Generation, Transportation, Storage, Treatment, Management and
Disposal of Regulated Medical Waste (DEM-DAH-MW-01-92) of reference 1.
Section 17.0 Retention of Records
17.1 The owner of a tattooing parlor/shop shall maintain proper records
for each patron. A record of each patron shall include:
a) the date on which he/she was tattooed;
b) his/her name, address, telephone number and age;
i) photo identification as proof of age (e.g., driver's license, military
identification), a copy of which shall be maintained for each patron;
c) the location and design of the tattoo; and,
d) the name of the tattoo artist.
17.2 These records shall be permanently entered in a book with
pre-numbered pages, kept solely for this purpose. Records that cannot be physically
stored in this pre-numbered book (e.g., copies of proof of age as required in section
17.1(b)(i) above) may be stored elsewhere in the facility. These records
shall be available for inspection by the Department of Health. These records shall
be maintained for a minimum of five (5) years after the date on which the
patron was tattooed.
Section 18.0 Denial, Suspension or Revocation of Registration
18.1 The Director is authorized to deny an application, revoke or suspend
a registration for failure of an applicant or registrant to comply with the
provisions of the rules and regulations herein.
18.2 Whenever an action shall be proposed to deny an application, revoke
or suspend a registration, the Director shall notify the person by certified
mail, setting forth the reason(s) for the proposed action.
18.3 The applicant or registrant shall be given an opportunity for a
prompt and fair hearing in accordance with the provisions of Chapter 42-35 of the
General Laws of Rhode Island, as amended, and the Rules and Regulations of
the Rhode Island Department of Health Regarding Practices and Procedures Before
the Department of Health and Access to Public Records of the Department of
Health (R42-35-PP).
18.4 If it is determined that a person is violating any provisions of the
rules and regulations herein, the Director may issue an order to secure
compliance in accordance with the provisions of sections 23-1-20 through
23-1-25 of the Rhode Island General Laws, as amended.
Section 19.0 Deficiencies & Plans of Correction
19.1 The licensing agency shall notify the governing body or other legal
authority of a facility of violations of these rules and regulations through
a notice of deficiencies which shall be forwarded to the facility within
fifteen (15) days of inspection of the facility. If the Director determines that
immediate action is necessary to protect the health, welfare, or safety of
the public, she/he may issue an immediate compliance order in accordance with
section 23-1-21 of the General Laws of Rhode Island, as amended.
19.2 A facility that has received a notice of deficiencies shall submit a
plan of correction to the licensing agency within fifteen (15) days of the
date of the notice of deficiencies. The plan of correction shall detail any
requests for variances as well as document the reasons therefore.
19.3 The licensing agency shall be required to approve or reject the plan
of correction submitted by a facility in accordance with section 19.2 (above)
within fifteen (15) days of receipt of the plan of correction.
19.4 If the licensing agency rejects the plan of correction, or if the
facility does not provide a plan of correction within the fifteen (15) day
period stipulated in section 19.2 above, or if a facility whose plan of
correction has been approved by the licensing agency fails to execute its
plan within a reasonable time, the licensing agency may invoke the sanctions
referenced in section 18.0 herein.
19.5 If the facility is aggrieved by the sanctions of the licensing
agency, the facility may appeal the decision and request a hearing in accordance
with the provisions of Chapter 42-35 of the General Laws, as amended, and the
Rules and Regulations of the Rhode Island Department of Health Regarding Practices
and Procedures Before the Department of Health and Access to Public Records of
the Department of Health (R42-35-PP).
Section 20.0 Variance Procedures
20.1 The licensing agency may grant a variance either upon its own motion
or upon request of the applicant from the provisions of any rule or regulation
in a specific case if it finds that a literal enforcement of such provision will
result in unnecessary hardship to the applicant and that such a variance
will not be contrary to the public interest, public health and/or health and
safety of clients.
20.2 A request for a variance shall be filed by an applicant in writing,
setting forth in detail the basis upon which the request is made.
20.2.1 Upon the filing of each request for variance with the licensing
agency, and within thirty (30) days thereafter, the licensing agency shall
notify the applicant by certified mail of its approval or in the case of a
denial, a hearing date, time and place may be scheduled if the facility
appeals the denial and in accordance with the provisions of section 19.0 herein.
Section 21.0 Severability
21.1 If any provision of these rules and regulations or the application
thereof to any individual, facility or circumstance shall be held invalid,
such invalidity shall not affect the provisions or application of the rules and
regulations which can be given effect, and to this end, the provisions of
the regulations are declared to be severable.
REFERENCES
1. Rules and Regulations Governing the Generation, Transportation,
Storage, Treatment, Management and Disposal of Regulated Medical Waste in Rhode
Island (DEM-DAH-MW-01-92), Rhode Island Department of Environmental Management,
April 1994.
2. The Rhode Island State Building Code, Chapter 23-27.3 of the Rhode
Island General Laws, as amended.
3. Rules and Regulations of the Rhode Island Department of Health
Regarding Practices and Procedures Before the Department of Health and Access to
Public Records of the Department of Health (R42-35-PP), Rhode Island Department of
Health, May 1997.
4. Blood Borne Pathogens, Occupational Safety and Health Administration
(OSHA), 29 Code of Federal Regulations Part 1910--1000 to end, section
1910.1030, pp. 316--326, July 1, 1994.
R.I.G.L. @ 23-1-39
Effective Date: October 1990
Amended: April 1992,
December 1993,
July 13, 1999
WEIL'S CODE OF RHODE ISLAND RULES
CHAPTER 054. RULES AND REGULATIONS FOR THE REGISTRATION OF BODY PIERCING
TECHNICIANS AND BODY PIERCING ESTABLISHMENTS
14 140 054 Rules and Regulations for the Registration of Body Piercing
Technicians and Body Piercing Establishments
INTRODUCTION
These Rules and Regulations for the Registration of Body Piercing
Technicians and Body Piercing Establishments (R23-1-BOD) are promulgated pursuant to the
authority conferred under section 23-1-39 of the General Laws of Rhode
Island, as amended, and are established for the purpose of adopting minimum
requirements for the registration of body piercing technicians and body piercing
establishments in this state. In accordance with the provisions of section
42-35-3 of the General Laws of Rhode Island, as amended, in the development
of the regulations, consideration was given to: (1) alternative approaches to
the regulations; (2) duplication or overlap with other state regulations; and
(3)