TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.100 DEFINITIONS
Section 797.100 Definitions
The following shall be the accepted definitions of the terms
used in this Part:
"Act" means Tattoo and
Body Piercing Establishment Registration Act [410 ILCS 54].
"Aftercare" means oral
and written instructions given to the client, specific to the body art
procedures rendered, about caring for the body art and surrounding area. These
instructions will include information about when to seek medical treatment, if
necessary.
"Antiseptic" means an
agent that reduces disease-causing microorganisms on human skin or mucosa.
"Apprentice" means an
individual who works under the supervision of a body artist and performs body
art activities.
"Autoclave" means an
apparatus that is registered and listed with the federal Food and Drug
Administration for sterilizing articles by using superheated steam under
pressure.
"Body Art" means the
practice of physical body adornment, including, but not limited to, the
following techniques: body piercing, tattooing, cosmetic tattooing, branding
and scarification. This definition does not include practices that are
considered medical procedures by the Illinois State Medical Board, such as
implants under the skin, which shall not be performed in a body art
establishment. Nor does this definition include piercing of the non-cartilaginous
portion or lobe of the ear with pre-sterilized single-use stud-and-clasp ear-piercing
systems.
"Body Artist" means a
person who conducts or practices body art activities and/or procedures.
"Body Art Establishment"
or "Establishment" means a body-piercing operation, a tattooing
operation, body modification establishment or a combination of all
operations in a multiple-type establishment, whether public or private,
temporary or permanent in nature or location, profit or not for profit. (Section
10 of the Act)
"Body Piercing" means
penetrating the skin to make a hole, mark, or scar that is generally permanent
in nature, including, but not limited to, micro-dermal anchors, acts of
suspension and sub-dermal/trans-dermal implants. "Body piercing"
does not include practices that are considered medical procedures or the
puncturing of the non-cartilaginous portion or lobe of the ear using a
pre-sterilized, single-use stud-and-clasp ear piercing system. (Section 10
of the Act)
"Certificate of Registration"
means written permission by the Department to operate a body art
establishment. Approval is given in accordance with this Part and is separate
from any other licensing requirement that may exist within communities or
political subdivisions comprising the jurisdiction.
"Change of
Ownership" means any of the following:
In the case of a body art
establishment owned by a corporation, the transfer of the facility by the
corporation to another corporation, to a partnership or association, or to a
natural person. Transfer of stock in a corporation does not constitute change of
ownership.
In the case of a body art
establishment owned by a partnership or association, the transfer of the
facility by the partnership or association to another partnership or
association, to a corporation, or to a natural person. Transfer of interest in
the partnership or association or substitution of any or all partners or
members of the association does not constitute change of ownership.
In the case of a body art
establishment owned by a natural person, the transfer of the facility to any
corporation, partnership, association or other natural person, whether or not
the owner retains any interest in the facility.
"Clean" or "Cleaning"
means the removal of foreign materials from objects, normally accomplished with
detergent, water and mechanical action.
"Client" means the
person, customer, or patron whose skin will be tattooed, modified or
pierced. (Section 10 of the Act)
"Cosmetic
Tattooing" (see "Tattooing").
"Dentist" means a person
licensed to practice dentistry in this State pursuant to the Illinois Dental
Practice Act [225 ILCS 25].
"Department" means the Illinois Department of Public Health or its designated agent.
"Director" means the
Director of Public Health or his or her designee. (Section 10 of the Act)
"Disclosure Warning Statement"
means a sign or poster that is provided by the Department that advises the
public of the potential health risks of body art services.
"Disinfect" or "Disinfection"
means a process that provides an effective concentration of a United States
Environmental Protection Agency registered chemical for enough contact time as
specified by the manufacturer to reduce bacterial count, including pathogens,
to a safe level (when disease organisms that may be present are destroyed so as
to prevent transfer) on equipment surfaces and in toilet and hand-washing
facilities.
"Ear Piercing" means the
puncturing of the non-cartilaginous portion or lobe of the ear with 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 non-cartilaginous
portion 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 apparatus and
appurtenances used in connection with the procedures of body art.
"Good Hygienic Practices"
means practices conducive to maintaining health and preventing disease,
especially through cleanliness. Good hygienic practices include, but are not
limited to, restrictions on eating, drinking and the use of tobacco products in
the establishment; maintaining a high degree of personal cleanliness; hand
washing and proper hand washing techniques; use of single-use disposable
gloves; preventing employees from contaminating work surfaces; and availability
of hand washing facilities and supplies.
"Hand-Washing Sink"
means a sink equipped with hot and cold running water under pressure, tempered
by means of a mixing valve or combination faucet, activated by wrist blade or
knee control or other hands-free means, used solely for washing hands, arms and
other portions of the body.
"Hot Water" means water
that attains and maintains the temperature of not less than 120 degrees F.
"Imminent Health Hazard"
means any hazard to the public health when the evidence shows that a product or
practice creates or may create a public health situation, including, but not
limited to, a lack of water or electricity, lack of sterilization, infections
that are epidemiologically associated with a body art establishment, or the
occurrence of a single case of a life-threatening illness that is
epidemiologically associated with a body art establishment.
"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 may be exposed to body 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 pierced area. The ornament shall be free of
nicks, scratches or irregular surfaces and must have been properly sterilized
prior to use.
"Mobile Body Art
Establishment" or "Mobile Body Art Unit" means a mobile
establishment or unit that is self-propelled or otherwise movable from place to
place and is self-sufficient for utilities such as gas, water, electricity and
liquid waste disposal.
"Operator" means an
individual, partnership, corporation, association, or other entity engaged in
the business of owning, managing, or offering services of body art. (Section
10 of the Act)
"Person" means any
individual, corporation, partnership, firm, association, society, trust,
estate, public or private institution, group, agency, political subdivision of
this State, any other state or political subdivision or agency of that state,
and any legal successor, representative, agent or agency of a person.
"Physician" means a
person licensed under the Medical Practice Act of 1987 [225 ILCS 60] to practice
medicine in all of its branches.
"Potable Water" means
water that is safe for human consumption and meets the water quality standards
of the Primary Drinking Water Standards (35 Ill. Adm. Code 611).
"Procedure Surface"
means any surface of a work area, including, but not limited to, the procedure
chair that comes into contact with the client's body during a body art
procedure, skin preparation of the area adjacent to and including the body art
procedure, or any associated work area that may require disinfecting.
"Regulated Waste" means
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 29 CFR
1910.1030 (Bloodborne Pathogens).
"Scarification" means to
create a design on the skin by means of shallow cuts or skin removal that are
sometimes rubbed with a colorant or irritant to enhance the resulting scar
tissue.
"Sharps" means any
objects (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 Disposal Container"
means a puncture-resistant, leak-proof container that can be closed for handling,
storage, transportation and disposal and that is labeled with the international
biohazard symbol.
"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, tattoo needles, scalpel blades,
stencils, ink cups and protective gloves.
"Standard Precautions"
means infection prevention and control measures that apply to all clients
regardless of condition or presumed infection status (see 77 Ill. Adm. Code
690.1010(a)(1)).
"Sterile"
means free of all living organisms, including spores.
"Sterilization" means
the use of a physical or chemical process to destroy all living organisms,
including spores.
"Sterilization
Packaging" means packaging materials, including, but not limited to, bags,
packs, pouches or tubing designed for steam sterilization use. The
sterilization packaging shall allow penetration of steam to allow sterilization
and to maintain the sterility of the item after sterilization.
"Sterilize" means to
destroy all living organisms including spores. (Section 10 of the Act)
"Sterilizer" means
equipment used to sterilize body art devices, equipment and supplies by direct
exposure to a selected sterilization agent validated by a sterile indicator
strip.
"Tattooing" means any
method of placing ink or other pigment into the skin or mucosa by the aid of
needles or any other instrument used to puncture the skin, resulting in
permanent coloration of the skin or mucosa. This term includes all forms of
cosmetic tattooing.
"Tempered Water" means
water ranging in temperature from 85 degrees F to, but not including, 120
degrees F.
"Temporary Body Art
Establishment" means any place or premise operating for educational, trade
show or product demonstration purposes at a fixed location where a body
artist/apprentice performs body art procedures for no more than 14 days
consecutively in conjunction with a single event or celebration.
"Temporary Certificate of
Registration" means a certificate of registration issued by the Department
for educational, trade show, or product demonstration purposes only. The
temporary certificate of registration shall be valid for a maximum of 14
calendar days. (Section 20 of the Act)
"Ultrasonic Unit" means
a unit used for cleaning soiled and/or used instruments before they are
sterilized, using the emission of high frequency sound waves.
"Violation" means a
finding of violation of a Section of the Act or this Part by a court of
competent jurisdiction in this State, or by the Director in a Final Order
issued pursuant to the Act, or by a notice of warning issued in accordance with
this Part.
"Work Station"
means an area where body art procedures are performed.
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.200 INCORPORATED AND REFERENCED MATERIALS
Section 797.200 Incorporated and Referenced Materials
a) The following materials
are incorporated or referenced in this Part:
1) Illinois Statutes and Administrative Rules:
A) Criminal
Code of 1961 [720 ILCS 5]
B) Rules
of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)
C) Illinois Plumbing Code (77 Ill. Adm. Code 890)
D) Control
of Communicable Diseases Code (77 Ill. Adm. Code 690)
E) Electrologist
Licensing Act [225 ILCS 412]
F) Acupuncture
Practice Act [225 ILCS 2]
G) Administrative
Review Law [735 ILCS 5/Art. III]
H) Illinois Food, Drug and Cosmetic Act [410 ILCS 620]
I) Public
Area Sanitary Practice Code (77 Ill. Adm. Code 895)
J) Drinking
Water Systems Code (77 Ill. Adm. Code 900)
K) Private
Sewage Disposal Code (77 Ill. Adm. Code 905)
L) Illinois Water Well Construction Code (77 Ill. Adm. Code 920)
2) Federal
Regulations:
Bloodborne Pathogens, Occupational
Safety and Health Administration (OSHA), 29 CFR 1910.1030(g)(2) (July 2005)
3) Federal
Guidelines:
A) 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
B) 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
b) All
incorporations by reference of federal regulations and guidelines refer to the
materials on the date specified and do not include any amendments or editions
subsequent to the date specified.
c) Copies
of all incorporated materials are available for inspection and copying by the
public at the Department's Central Office, Division of Food, Drugs, and
Dairies, 525 West Jefferson Street, Springfield, Illinois 62761.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.300 GENERAL REQUIREMENTS
Section 797.300 General Requirements
The following information shall be kept on file on the
premises of a body art establishment and shall be available for inspection by
the Department:
a) Body Artist/Apprentice
information
1) Full
names and exact duties;
2) Date of
birth;
3) Home
address;
4) Home
and work telephone numbers;
5) Identification
photographs;
6) Current
places of employment;
7) Training
documentation/certificates; and
8) Proof
of completion of a bloodborne pathogen training program compliant with
Bloodborne Pathogens, OSHA, 29 CFR 1910.1030.
b) Establishment
Information
1) Name of
Establishment;
2) Hours
of Operation;
3) Owner's
name and home address;
4) A copy
of the operation procedure (see Section 797.300(c));
5) Owner's
telephone numbers; and
6) A
complete description of all body art procedures performed.
c) Emergency Procedures
Information
The owner or operator of a body
art establishment shall prepare, maintain and implement an operation procedure
that meets the following requirements:
1) The
operation procedure shall provide for response to the occurrence of any sudden,
serious and unexpected sickness or injury that would lead a reasonable person,
possessing an average knowledge of health, to believe that the sick or injured
person requires urgent or unscheduled medical care.
2) The
operation procedure shall include a method to address emergency situations,
including, but not limited to, adverse reactions, anaphylactic reactions, and
accidental needle sticks.
3) The
operation procedure shall include procedures to be used when blood, plasma,
serum or body fluids, such as semen, saliva, breast milk, vaginal secretions
and any fluid contaminated with blood, are exposed to:
A) mucous
membranes, including eye, mouth or other mucous membranes;
B) broken
or non-intact skin;
C) abraded
or irritated skin; or
D) skin
surfaces that are otherwise compromised.
4) The
operation procedure shall describe methods for obtaining appropriate medical
care in the event of such an exposure and designate personnel to be notified in
the event of an emergency.
5) The
operation procedure must be maintained in the body art establishment in a
location accessible to all employees.
c) The establishment shall
also keep on file a copy of this Part.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.400 OPERATIONAL REQUIREMENTS
Section 797.400 Operational Requirements
a) It
shall be unlawful for any person to perform body art procedures unless such
procedures are performed in a body art establishment with a current certificate
of registration.
b) A body artist/apprentice
shall be a minimum of 18 years of age.
c) Eating
or drinking by anyone other than a client is prohibited in the area where body
art is performed.
d) Smoking is prohibited in
the body art establishment.
e) Body
art procedures must not be performed, without medical clearance, on skin
surfaces where sunburn, rash, acne, infection, open lesions, or other
questionable skin lesions exist and must not be performed on any person who is
impaired by drugs or alcohol. (Section 27 of Act) Medical clearance must
be in the form of a written and signed statement by a physician.
f) The
body artists/apprentice shall maintain a high degree of personal cleanliness,
conform to good hygienic practices, and wear clean clothes when performing body
art procedures. Before performing body art procedures, body
artists/apprentices shall thoroughly wash their hands for a minimum of 20
seconds in tempered running water with liquid soap, then rinse hands and dry
with disposable paper towels. This shall be done as often as necessary to
remove contaminants.
g) In
performing body art procedures, the body artist/apprentice shall wear
single-use medical grade gloves. Gloves shall be changed if they become
contaminated by contact with any non-clean surfaces or objects or by contact
with a third person. The gloves shall be discarded, at a minimum, after the
completion of each procedure on an individual client, and hands shall be washed
before the next pair of gloves is donned. Under no circumstances shall a
single pair of gloves be used on more than one person. The use of single-use,
medical grade gloves does not preclude or substitute for hand-washing
procedures as part of a good personal hygiene program.
h) If,
while performing a body art procedure, the body artist's/apprentice's glove is
pierced, torn or otherwise compromised, the procedure in subsection (f) shall
be repeated immediately. The contaminated gloves shall be immediately
discarded, and the hands washed thoroughly (see subsection (e)) before a fresh
pair of gloves is applied. Any item or instrument used for body art that is
contaminated during the procedure shall be replaced immediately with a new
disposable item or a new sterilized instrument or item before the procedure
resumes.
i) Regulated
waste that may release liquid blood or body fluids when compressed, or may
release dried blood or body fluids when handled, shall be placed in an approved
bag marked with the international biohazard symbol. The regulated waste shall
then be disposed of in compliance with 29 CFR 1910.1030. Sharps ready for
disposal shall be disposed of in approved sharps disposal containers. Storage
of regulated waste on site shall comply with the regulations in 29 CFR
1910.1030, and storage of regulated waste awaiting pick-up shall not exceed 30
days.
j) Waste
that does not release liquid blood or body fluids when compressed or does not
release dried blood or body fluids when handled may be placed in a covered
receptacle and disposed of through normal disposal methods.
k) No
person shall perform any tattoo procedure upon a person under the age of 18
years that is prohibited by Sections 12-10 through 12-10.2(c) of the Criminal
Code of 1961. Age verification shall be obtained by government issued
identification containing a birth date and photograph. In any procedure other
than tattooing, the parent or legal guardian shall sign a consent form in the
presence of an operator/body artist. The consent form shall indicate that the
parent or legal guardian has read and understood the disclosure warning
statement required under Section 797.600(c).
l) Before
the oral cavity of a person under 18 years of age may be pierced, the written
consent form signed by the parent or legal guardian must contain a provision in
substantially the following form:
I understand that the oral
piercing of the tongue, lips, cheeks, or any other area of the oral cavity
carries serious risk of infection or damage to the mouth and teeth, or both
infection and damage to those areas, that could result in but is not limited to
nerve damage, numbness, and life threatening blood clots. (Section 12-10.1
of the Criminal Code of 1961)
m) Any
skin or mucosal surface that is to receive a body art procedure shall be free
of rash, irritation or any visible infection.
n) No
body artist/apprentice affected with boils, infected wounds, open sores,
abrasions, weeping dermatological lesions or acute respiratory infection,
possibly manifested by fever, chills and/or a chronic productive cough, shall
work in any area of a body art establishment in any capacity in which that
person could contaminate body art equipment, supplies or working surfaces with
body substances or pathogenic organisms.
o) Any
body artist can refuse service to any individual, at any time, and for any
reason.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.500 EXEMPTIONS
Section 797.500 Exemptions
The following practices, occupations and persons are
exempted from this Part:
a) The
practice of electrology as defined in the Electrologist Licensing Act [225
ILCS 412] (Section 10 of the Act);
b) The
practice of acupuncture as defined in the Acupuncture Practice Act [225
ILCS 2]) (Section 10 of the Act);
c) The
use, by a physician licensed to practice medicine in all its branches, of
colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting
color to the skin for cosmetic, medical, or figurative purposes (Section 10
of the Act); and
d) Individuals
who pierce only the non-cartilaginous portion or lobe of the ear with a
pre-sterilized single-use stud-and-clasp ear-piercing system.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.600 PUBLIC NOTIFICATION REQUIREMENTS
Section 797.600 Public Notification Requirements
a) Written
public education materials, provided by the Department, shall be offered and
explained to all clients prior to receiving body art procedures.
b) Verbal
and written instructions for the aftercare of the body art shall be provided to
each client.
c) The
written public education materials shall advise the client to consult a
physician or dentist as appropriate at the first sign of infection. The
written public education materials shall also contain the name, address and
phone number of the establishment. These documents shall be signed and dated
by both parties, with a copy given to the client, and the operator shall retain
the original with all other required records for a period of no less than one
year. In addition, all establishments shall prominently display a disclosure
warning poster, provided by the Department, that advises the public of the
potential health risks of body art services.
d) The
operator and/or body artist shall report in writing to the Department all
infections or diseases, resulting from a body art procedure, that required
medical attention. The written report shall be sent to the Department by mail
or facsimile within 24 hours after receiving a report that medical attention
was required. The report shall include:
1) The
name, address and phone number of the affected individual;
2) The
date of the body art procedure;
3) Identification
of the body artist/apprentice who performed the service;
4) The
name, address and certificate of registration number of the body art
establishment involved;
5) The
anatomical location, condition and description of the affected site;
6) The
name, address and phone number of the affected individual's health care
provider;
7) The
date that medical attention was sought; and
8) Any
other information considered relevant to the situation.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.700 DISCLOSURE OF PRE-EXISTING CONDITIONS
Section 797.700 Disclosure of Pre-existing Conditions
The body artist/apprentice shall request information from
all clients as follows:
"To
ensure that your body art procedure heals properly, we ask that you disclose if
you have or have had any of the following conditions. Disclosure does not
prevent you from having a body art procedure.
a) Diabetes;
b) History of hemophilia
(bleeding);
c) History
of skin diseases, skin lesions or skin sensitivities to soaps, disinfectants,
etc.;
d) History
of allergies or adverse reactions to pigments, dyes or other skin sensitivities
such as, but not limited to, latex;
e) History of epilepsy,
seizures, fainting or narcolepsy;
f) Medications
used, such as anticoagulants that thin the blood and/or interfere with blood
clotting;
g) Human immunodeficiency
virus (HIV);
h) Hepatitis;
i) Any
other information that would aid us in evaluating your body art healing
process."
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.800 PREPARATION AND CARE OF THE BODY ART AREA
Section 797.800 Preparation and Care of the Body Art
Area
a) Before
a body art procedure is performed, the immediate skin area and the areas of
skin surrounding the location of the body art procedure shall be washed with
liquid soap and water or a skin antiseptic. If shaving is necessary,
single-use disposable razors shall be used. Following shaving, the skin and
surrounding area shall be washed with liquid soap and water or a skin antiseptic.
The single-use disposable razor and washing pad shall be discarded after a
single use.
b) If
bleeding occurs, all products used to check the flow of blood or to absorb
blood shall be single use and shall be disposed of immediately after use in
appropriate covered containers. (See definition of "regulated waste"
in Section 797.100.)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.900 DISINFECTION AND STERILIZATION PROCEDURES
Section 797.900 Disinfection and Sterilization
Procedures
a) All
non-disposable instruments used for body art shall be cleaned after each use by
scrubbing with an appropriate soap or disinfectant solution and hot water, or
by following the manufacturer's instructions, to remove blood and tissue
residue, and shall then be placed in an ultrasonic unit operated in accordance
with manufacturer's instructions.
b) After
cleaning, all non-disposable instruments used for body art shall be packed individually
in sterilization packaging and subsequently sterilized (see subsection (c)).
All sterilization packaging shall contain either a sterilization indicator or
internal temperature indicator. Sterilization packaging shall be dated with an
expiration date not to exceed six months or in accordance with manufacturer's
instructions. If sterilization packaging is compromised or expired, the
instrument shall be removed, repackaged and re-sterilized.
c) All
cleaned non-disposable instruments used for body art shall be sterilized in an
autoclave that meets the criteria specified in subsection (i). The autoclave
shall be used, cleaned and maintained according to manufacturer's instruction.
The operator shall retain on-site a copy of the manufacturer's recommended
procedures for the operation of the sterilization unit and a daily temperature
log for each day's use. If the body art establishment uses only single-use
disposable instruments and products, and uses sterile single-use needles and
tubes, an autoclave shall not be required.
d) After
sterilization, the instruments used for body art procedures shall be stored in
a dry, clean cabinet or tightly covered container reserved for the storage of
such instruments.
e) All
instruments shall remain stored in sterile packages until just prior to the
performance of a body art procedure. When assembling instruments used for body
art procedures, the operator shall wear single-use disposable medical grade gloves
and use aseptic techniques to ensure that the instruments and the gloves are
not contaminated.
f) All
inks, pigments, needles and equipment shall be specifically manufactured for
performing body art procedures and shall be used according to manufacturer's
instructions. Single-use needles, specifically manufactured for body art, may
be purchased and used to construct a needle bar by the body artist.
g) Pigment
shall be reconstituted using only distilled or sterile water or a glycerin
product.
h) Immediately
before a tattoo is applied, the quantity of the ink to be used shall be
transferred from the ink bottle and placed into single-use containers. Upon
completion of the tattoo, these single-use containers and their contents shall
be discarded.
i) Each
certificate of registration holder shall demonstrate, by monthly spore
destruction tests, that the autoclave used is capable of attaining
sterilization. These tests shall be verified through an independent
laboratory. Test records shall be retained on-site by the operator for a
period of one year.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1000 REQUIREMENTS FOR SINGLE-USE ITEMS
Section 797.1000 Requirements for Single-Use Items
a) Single-use
items shall not be used on more than one client for any reason. After use, all
single-use needles, razors and other sharps shall be immediately disposed of in
approved sharps disposal containers.
b) All
products applied to the skin, including body art stencils, shall be single-use
and disposable. Petroleum jellies, soaps and other products used in the application
of stencils shall be dispensed and applied to the area to be tattooed with
gauze or in a manner to prevent contamination of the original container and its
contents.
c) Single-use
items must be stored in a clean, covered location, in a manner to prevent any
contamination.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1100 REQUIREMENTS FOR PREMISES
Section 797.1100 Requirements for Premises
a) All
walls, floors and procedure surfaces of a body art establishment shall be
smooth, free of open holes and cracks, and washable. Walls, floors and
ceilings shall be in good repair and maintained in a clean condition. All
procedure surfaces, including client chair/benches, shall be of such
construction as to be easily cleaned and disinfected after each client. All
procedure surfaces shall be cleaned and disinfected after each procedure. The
body art establishment shall be maintained in a clean and sanitary condition at
all times.
b) All
body art establishments shall be completely separated, by solid partitions or
by walls extending from floor to ceiling, from any room used for human habitation,
any food establishment or room where food is prepared, any hair salon, or any
other such activity that may cause potential contamination of work surfaces.
c) Effective
measures shall be taken by the operator/body artist/apprentice to protect against
the presence of insects, vermin and rodents in the establishment. Exterior doors
shall be self-closing and tight fitting. If windows open, they shall have
tight-fitting screens.
d) Each body
art establishment shall have an area that may be screened from public view for
clients requesting privacy. Dividers, curtains or partitions, at a minimum,
shall be available to separate multiple work stations.
e) The
establishment shall be well ventilated and provided with an artificial light
source equivalent to at least 20 foot candles.
f) No
animals of any kind shall be allowed in a body art establishment, except
service animals used by persons with disabilities. Fish aquariums shall be
allowed in waiting rooms and non-procedural areas.
g) A
separate hand-washing sink (see Section 797.100) shall be readily accessible to
the operators within the body art establishment. The hand sink shall be
supplied with liquid soap and disposable paper towels. One hand sink shall
serve no more than six stations.
h) Each
body art establishment shall have a minimum of one hand-washing sink, excluding
any service sinks, and one toilet facility. The toilet facility shall be
equipped with a hand-washing sink, as well as liquid soap and paper towels in
dispensers. Toilet facilities shall have tight fitting, self-closing doors.
Such doors shall not be left open except during cleaning or maintenance. A
supply of toilet tissue shall be provided at each toilet at all times. Toilet
facilities shall also be equipped with mechanical ventilation to the outside
air.
i) At
least one covered waste receptacle shall be provided at each work station,
lavatory facility, and toilet facility. Receptacles in the work station shall
be emptied daily, and solid waste shall be removed from the premises at least
weekly. All refuse containers shall be cleanable, and kept clean. Waste
receptacles shall be kept uncovered during use and covered while not in use.
j) All
instruments and supplies shall be stored in clean, dry, covered containers. The
dirty contaminated equipment, including the autoclave and ultrasonic units,
along with cleaning supplies and cleaning equipment, shall be stored in an area
separate from the procedure area. This area shall not be publicly accessible.
k) If
reusable cloth items are used, they shall be mechanically washed with detergent
and dried after each use. The cloth items shall be stored in a dry, clean
environment until used.
l) In
addition to complying with all of the requirements of this Part, mobile body art
vehicles and body artists/apprentices working from a mobile body art
establishment shall also comply with the following requirements:
1) Body
art shall be performed only from an enclosed vehicle such as a trailer or
mobile home. No body art procedures shall be performed outside of the enclosed
vehicle.
2) Potable
water shall be maintained for the mobile body art establishment at all times
during operation.
3) All
liquid wastes shall be stored in a storage tank with a capacity at least 50 percent
greater than the capacity of the on-board potable water supply. Liquid wastes
shall be disposed of in accordance with State and federal laws.
4) A
toilet facility, equipped with a hand sink, shall be available within the
mobile body art establishment. The hand sink shall be supplied with hot and
cold running water, under pressure, to a mixing-type faucet, as well as liquid
soap and paper towels in dispensers. Toilet facilities shall have tight
fitting, self-closing doors. The doors shall not be left open except during
cleaning or maintenance. A supply of toilet tissue shall be provided at each
toilet at all times. Toilet facilities shall also be equipped with mechanical
ventilation to the outside air.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1200 ESTABLISHMENT CERTIFICATE OF REGISTRATION REQUIREMENTS
Section 797.1200
Establishment Certificate of Registration Requirements
a) The
operator of a body art establishment shall maintain a current certificate of
registration from the Department, to be renewed annually. The owner shall file
an application with the Department using an application provided by the
Department and shall include all of the following information:
1) The
applicant's name, address, telephone number, and age. To qualify for the
certificate of registration, the applicant shall be at least 18 years of age;
2) The
name, address, and phone number of the establishment;
3) The
type and year of manufacture of equipment proposed to be used for body art, if
available;
4) A
floor plan of the premises, showing the location of required facilities and
work stations;
5) The
sterilization and operational procedures to be used by the establishment
(Section 15 of the Act);
6) The
total number of work stations located in the establishment. This number shall
include all work stations, whether utilized or not.
b) With
each annual certificate of registration application, the applicant shall submit
a $500 non-refundable fee. The $500 non-refundable fee shall satisfy the cost
of the certificate of registration and the registration of one work station.
For each additional work station located in the facility, applicants shall
submit, at the time of application, an additional $50 non-refundable fee.
c) Any
attempt to obtain a certificate of registration by means of fraud,
misrepresentation or concealment is prohibited.
d) The
certificate of registration issued by the Department shall be conspicuously
displayed within the sight of clients upon entering the establishment.
e) Registration
is valid for a single location and only for the operator named on the
certificate. Registration is not transferable. (Section 35 of Act)
f) In
the event of a change of ownership, the new owner must apply for a certificate
of registration prior to the opening of the property. (Section 40
of Act)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1300 BODY ARTIST PROFICIENCY REQUIREMENTS
Section 797.1300 Body Artist Proficiency Requirements
a) The
operator shall hire only body artists who have complied with the body artist
proficiency requirements of this Part.
b) No
person shall conduct body art procedures without first demonstrating
proficiency and knowledge of this Part.
c) The operator
shall determine that each body artist possesses knowledge of the following
subjects:
1) Anatomy;
2) Infectious
disease control, including waste disposal, hand-washing techniques,
sterilization equipment operation and methods, and sanitization/disinfection/sterilization
methods and techniques; and
3) Skin
diseases, disorders and conditions (including diabetes).
d) Body
artists/apprentices shall maintain documentation of completion of
"Bloodborne Pathogen Training", as required by OSHA (29 CFR
1910.1030) at the body art establishment.
e) A
list of all body artists who have complied with this Section and all other
provisions of this Part shall be posted in a prominent and conspicuous area of
the establishment.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1400 TEMPORARY CERTIFICATE OF REGISTRATION REQUIREMENTS
Section 797.1400 Temporary Certificate of Registration
Requirements
a) A
temporary certificate of registration may be issued by the Department for
educational, trade show or product demonstration purposes that include body art
procedures. The temporary certificate of registration shall be valid for a
maximum of 14 consecutive calendar days. (Section 20 of Act)
b) The
establishment shall be contained in a completely enclosed non-mobile facility
(e.g., inside a permanent building).
c) An
operator who wishes to obtain a temporary certificate of registration for his
or her establishment/booth shall submit a temporary certificate of registration
application for review by the Department at least 30 days prior to the event.
The application shall specify:
1) Inclusive
dates during which the temporary certificate of registration is needed (not to
exceed 14 consecutive calendar days per event), without reapplication;
2) Compliance
with body artist proficiency requirements as specified in Section 797.1300;
3) The
address where the temporary certificate of registration will be used.
d) A
temporary certificate of registration shall not be issued unless the applicant
has paid a non-refundable fee of $250.
e) A
temporary certificate of registration shall not be transferable from one place
or person to another.
f) Compliance
with all of the requirements of this Part includes, but is not limited to, the
following:
1) Conveniently
located hand-washing sink with liquid soap, paper towels and hot and cold water
under adequate pressure shall be provided. Drainage in accordance with local
plumbing codes is to be provided. Alcohol-based single-use hand wipes shall be
available in each work station to augment the hand-washing requirements of this
Section;
2) There
shall be at least 20 foot candles of light at the level where the body art
procedure is being performed; and
3) The
establishment shall provide a sterilizer in compliance with this Part, on which
a spore test has been performed 30 or fewer days prior to the date of the event,
or use only single-use prepackaged sterilized equipment.
g) A
temporary certificate of registration issued by the Department is required
prior to the performance of any body art procedures.
h) Body
art procedures shall not be performed before the Department has inspected the
location identified on the temporary certificate of registration application.
i) If
the holder of a temporary certificate of registration fails to comply with the
requirements of the Act or this Part, the Department shall suspend the
temporary certificate of registration.
j) The
temporary certificate of registration and the disclosure warning poster (see
Section 797.600(c)) provided by the Department shall be prominently posted.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1500 ENFORCEMENT
Section 797.1500 Enforcement
a) The
Department shall inspect any establishment, mobile body art establishment/unit,
or any other place that it believes is required to apply for a certification of
registration under the Act and this Part, as often as necessary to ensure
compliance with this Part. The initial inspection of a mobile body art
establishment shall take place at a location identified by the Department.
Additional inspections may be performed at any event where the mobile body art
establishment is scheduled to operate.
b) If
the Department is denied access to any establishment, mobile body art
establishment/unit, or any other place that it believes is required to apply
for certification of registration under the Act and this Part, the Department
shall request intervention of local, county or State law enforcement agencies
to seek a court order or warrant to investigate and enter the establishment,
mobile body art establishment/unit, or any other place. Any person or entity
preventing the Department from carrying out its duties under the Act or this
Part shall be guilty of a violation of the Act and shall be subject to
penalties.
c) If
the Department suspects that a communicable disease is or may be transmitted by
an operator/apprentice, by use of unapproved or malfunctioning equipment, or by
unsanitary or unsafe conditions and practices or other imminent health hazard
that may adversely affect the health of the public, upon written notice to the
owner or operator, the Department shall do any or all of the following:
1) Issue
an order excluding any or all operators/apprentices from the body art
establishment who are responsible, or appear to be responsible, for the
transmission of a communicable disease until the Department determines there is
no further risk to public health;
2) Issue
an order to immediately suspend the certificate of registration of the
establishment until the Department determines that there is no further risk to
the public health. The order shall state the cause for the action.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1600 PROCEDURES FOR SUSPENSION, REVOCATION, OR REFUSAL TO ISSUE A CERTIFICATE OF REGISTRATION
Section 797.1600 Procedures for Suspension, Revocation,
or Refusal to Issue a Certificate of Registration
A certificate of registration may be denied, suspended, or
revoked, or the renewal of a certificate of registration may be denied, for any
of the following reasons:
a) Any single violation of
the Act or this Part;
b) Conviction
of an applicant or registrant of an offense arising from false, fraudulent,
deceptive or misleading advertising. The record of conviction or a certified
copy shall be conclusive evidence of the conviction;
c) Revocation
of a certificate of registration during the previous 5 years or surrender or
expiration of the certificate of registration during the pendency of action by
the Department to revoke or suspend the certificate of registration during the
previous 5 years, if, before the certificate of registration was issued to the
individual applicant, a controlling owner or controlling combination of owners
of the applicant, or any affiliate of the individual applicant or controlling
owner of the applicant or affiliate of the applicant, was a controlling owner
of the prior certificate of registration. (Section 45 of the Act)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1700 VIOLATIONS AND FINES
Section 797.1700 Violations and Fines
a) In
addition to any other action authorized by the Act or this Part, the Department
may assess fines, in addition to denying, suspending and revoking certificates
of registration, against a person for any violation of any provision of the Act
or this Part.
b) A
fine not to exceed $1,000 per day for each day the registrant remains in
violation shall be issued for any violation of the Act or this Part. (Section
80 of Act)
c) A
violation is a failure to adhere to any of the provisions of the Act or this
Part. A violation shall also include any of the following:
1) Failure
to abide by any stop operation or stop use order issued under this Part;
2) Failure
to notify the Department of any incident, accident or public health emergency
involving any equipment or operator, as required in Section 797.600;
3) Failure
to allow the Department to perform inspections and investigations in accordance
with Section 30 of the Act and Section 797.1500;
4) Use
of autoclave or body art equipment in a manner inconsistent with its labeling
or directions;
5) Performing a body art procedure
in a faulty, careless or negligent manner;
6) Performing
a body art procedure in violation of the certificate of registration
requirements of Section 15 of the Act;
7) Performing
a body art procedure in violation of an order issued by the Department;
8) Failure to use methods
or materials suitable for body art;
9) Performing
a body art procedure on a person under the age of 18 years, in violation of the
Criminal Code of 1961;
10) Allowing a
certificate of registration to be used by another person;
11) Aiding or abetting a
person in evading any provision of the Act;
12) Failure
to comply with the operator proficiency requirements of Section 797.1300;
13) Failure to comply
with waste removal requirements of Section 797.400;
14) Failure
to maintain client records as required by Sections 797.600(c) and 797.900(i);
15) Failure
to maintain premises in sanitary condition as required by Section 797.1100;
16) Failure
to establish and maintain records of monthly autoclave spore destruction tests
in accordance with Section 797.700(i);
17) Failure
to renew a certificate of registration in accordance with Section 35 of the
Act;
18) Failure
to notify the Department of a change in business ownership in accordance with
Section 40 of the Act and Section 797.1200 of this Part;
19) Failure
to provide information to the Department upon request in accordance with
Section 55 of the Act;
20) Failure
to display or provide a current permit, in accordance with Section 35 of the
Act.
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD DRUGS AND COSMETICS
PART 797
BODY ART CODE
SECTION 797.1750 ADMINISTRATIVE HEARINGS
Section 797.1750
Administrative Hearings
a) All
hearings shall be conducted pursuant to the Act and the Department's Rules of
Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100) or
Section 50(d) of the Act.
b) The
Department shall serve notice of fine and/or penalty assignments, and provide
an opportunity for hearing.
c) If a
person fails to request a hearing within the time provided in the notice, the
person shall be deemed to have waived the right to an administrative hearing,
and the fine, pursuant to Section 797.1700
and/or action pursuant to Section 797.1600,
shall be due immediately upon issuance of a final order by the Department.
d) All
fines and/or actions that are upheld in whole or in part by final order of the
Department shall be due in full at the conclusion of the time period for filing
for administrative review pursuant to the Administrative Review Law, unless the
person has, within that time, filed proceedings in administrative review
specifically appealing the fine and/or adverse licensure action and unless the
court has stayed enforcement of the fine and/or adverse licensure action.
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