§ 62-38-309 — Application for commissioner's approval - Requirements - Inspections - Renewals - Temporary permits

(a) No person shall operate a business offering body piercing services without first obtaining approval of the commissioner. (b) Persons seeking approval to operate a business offering body piercing services shall apply to the commissioner on forms provided by the department. An applicant shall submit all applicable fees and information required by the department for processing the application. Information required by the department shall include, but not be limited to, the following: (1) If the operator is an individual, the operator's name, personal address, personal telephone number, business address, business telephone number and the operator's occupation; (2) A statement attesting that the operator intends to comply with all requirements of this part and the rules promulgated pursuant to this part; (3) Plans and specifications of the place of business to clearly show that applicable provisions of the rules promulgated pursuant to this part are met, such plans and specifications to include, but not be limited to, the following: (A) The total area to be used for the business; (B) All entrances and exits; (C) Number, location and types of plumbing fixtures, including all water supply facilities; (D) A lighting plan; (E) A floor plan showing the general layout of fixtures, equipment and body piercing stations; and (F) A listing of all equipment to be used for body piercing procedures; (4) Evidence that the operator shall perform the following functions: (A) The operator shall maintain procedures ensuring that all technicians performing body piercing on the business premises have received appropriate training in body piercing; (B) The operator shall maintain procedures ensuring that all technicians performing body piercing services for the business shall have received training, as evidenced by records of completion of courses or seminars provided by licensed physicians, registered nurses, organizations such as the American Red Cross, accredited learning institutions, appropriate governmental entities or other authorities recognized by the commissioner as being qualified to provide training in the following categories: (i) First aid; (ii) Safety and sanitation requirements for preventing transmission of infectious diseases; (iii) Universal precautions against blood borne pathogens; (iv) Appropriate piercing aftercare; and (v) Any other training deemed appropriate by the commissioner; (C) The operator shall maintain written records of equipment utilized by the business, including manufacturers, model numbers and dates of acquisition or purchase; (D) The operator shall maintain procedures ensuring that technicians performing body piercing services on the business premises shall disinfect and sterilize all nondisposable equipment or parts of equipment used in performing procedures, as well as properly dispose of disposable items used in the procedures; (E) The operator shall maintain procedures ensuring the performance of weekly biological monitoring tests of the business's heat sterilization devices to include the following: (i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test; (ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in the event a test indicates a heat sterilization device is not functioning properly; and (iii) Any other tests deemed appropriate by the commissioner; (F) The operator shall maintain records of each test performed and the results of each test for at least two (2) years and shall make the test records available to the commissioner upon request during normal business hours; and (G) The operator shall maintain procedures ensuring the general health and safety of all individuals employed by the business; (5) The operator shall identify any previous, current or similar approvals held by the operator for body piercing services in this state or any other state; (6) The operator shall provide evidence and documentation of all applicable fee payments, inspections and approvals; and (7) The operator shall make inquiry with each patron as to whether the patron is under the influence of drugs or alcohol, and the patron must state in writing that the patron is not under the influence of drugs or alcohol before any body piercing procedure may be performed. (c) The commissioner shall conduct at least one (1) inspection of a business prior to approving it and before a permit is issued. The commissioner may conduct additional inspections as deemed necessary for approval purposes. (d) Licenses and permits shall be valid for up to one (1) year; however, all licenses and permits shall expire on December 31 following the date of issuance. (e) The operator shall give the commissioner access to the business premises and to all records required by this part that are deemed relevant by the commissioner for the purpose of making an inspection. All records shall be entered in ink or other permanent form and shall be made available to the commissioner upon request at any time during normal business hours of operation. (f) A permit is not transferable. Any permanent change in location or change in ownership to any degree shall necessitate the operator's applying for a new permit with payment of all fees established by the commissioner. (g) The department shall approve any such business for the purposes of operating on a time-limited basis in conjunction with a specific event. Time-limited body piercing establishments may be permitted at such events as fairs and other time-limited gatherings, if the commissioner determines that the body piercing operator meets the provisions contained in this part and the rules promulgated by the department. For the purpose of approval, the following shall occur: (1) A permitted body piercing establishment may set up temporary locations, including, but not limited to, body piercing conventions, at a place other than a body piercing establishment only with the approval of the commissioner for a period not to exceed ten (10) days; provided, that each technician not previously licensed with the Tennessee department of health shall obtain a license prior to performing body piercing at a temporary location; (2) Temporary facilities shall be held to the same sanitary standards as those required of body piercing establishments; (3) Temporary facility permits shall be issued by the commissioner and shall not be transferable or renewable; (4) A temporary body piercing technician license shall not be issued for more than fourteen (14) days. The operator of the related establishment shall also sign for the temporary license from the department, and all body piercing shall be under the auspices of the body piercing establishment operator and shall be in compliance with this part. Technicians may perform body piercing if a copy of the temporary permit and the temporary technician license are on display at the temporary site. The sterilization course, written examination and work experience requirements may be waived by the commissioner for a temporary license; (5) The applicant or operator shall submit all applicable fees and information the department determines necessary to process the application. The department shall take into consideration the department's costs associated with carrying out this subsection (g) when determining the appropriate fee. (h) The permit of a business may be renewed annually by the department. Renewal shall occur following an annual inspection, assurance that all conditions set forth in this part, as well as the rules, are met and the payment of all fees set by the commissioner has been received.

Legislative History

Acts 2001, ch. 336, § 10.