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HomeMy WebLinkAboutOrdinance - 2004-O0078 - Amending Chapt 14 With Regard To Tattoo Studios; Body Piercing Studios - 06/29/2004First Reading June 29, 2004 Item. No. 41 ORDINANCE NO. 2004-o0078 Second Reading July 15, 2004 Item. No. 24 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF. tUBBOCK, TEXAS, WITH REGARD TO TATTOO STUDIOS AND BODY PIERCING STUDIOS; PROVIDING A PENALTY; 1 PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of the health, safety, and welfare of the citizens of Lubbock to make the following amendments to Chapter 14 of the Code of Ordinances with regard to tattoo studios and 1 body piercing studios and providing a penalty; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 14-276 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 14-276. General provisions. (a) This article provides for the rules for the licensing and regulation of tattoo and certain body piercing studios. (b) No person may cause, suffer or allow the operation, management, or maintenance of a tattoo and certain body piercing studio without a permit issued in accordance with this article. (c) All tattoo and certain body piercing studios shall comply with the minimum standards specified in this article in addition to the existing standards contained in the Tattoo and Certain Body Piercing Studio Act, Health and Safety Code, Chapter 146, and the Health and Safety Code, Chapter 431, the Texas Food, Drug, and Cosmetic Act, relating to drugs, devices, and cosmetics, including adulteration and misbranding. (d) All tattoo and certain body piercing studios should comply with applicable provisions ofthe Americans with Disabilities Act. j SECTION 2. THAT Section 14-277 of the Code of Ordinances of the City of 1 • 1 Lubbock, Texas, is hereby amended to read as follows: j I Sec. 14-277. Definitions. The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act: The Tattoo and Certain Body Piercing Studio Act, Texas Health and Safety Code, Chapter146. (2) Antiseptic: An Agent that kills disease-causing microorganisms on human skin or mucosa. (3) Artist: A person who performs tattooing, permanent cosmetics, and/or body piercing, and who is responsible for complying with the provisions of these 'I sections. I II (4) Aseptic technique: A hygienic practice which prevents and hinders the direct transfer of microorganisms, regardless of pathogen site, from one person or place to another person or place. (5) Authorized agent: An employee of the department designated by the Health Administrator to enforce this ordinance. (6) Body piercer: A person who performs body piercing and who is responsible for adherence to the provisions of these sections; hereafter referred to as artist. (7) Body piercing: The creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration. (8) Body piercing studio: A permanent, non-dwelling building or portion of a building, designated by a permit holder and located in accordance with applicable local zoning codes where body piercing is performed, completely separated from living quarters; hereafter referred to as studio. (9) Client: A person requesting the application of a tattoo or certain body piercing. (10) Contaminated waste: 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; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious material, as defined in 29 Code ofFederal Regulations, Part 1910.1030, known as "Occupational Exposure to Blood-borne Pathogens". Copies of this provision are indexed and filed in the office of the Drugs and Medical Devices Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are available for inspection during normal working hours. (11) Cosmetic: An article or substance intended to be rubbed, poured, sprinkled, or sprayed on or introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering appearances; or an article or substance for use as a component of such an article, except that the term does not include soap. (12) Department: The City of Lubbock Environmental Health Department (13) Disinfectant: An agent that kills disease-causing microorganisms on inanimate objects or surfaces. (14) Ear piercing: The creation of an opening in an individual's ear lobe with an ear piercing gun to insert jewelry or other decoration. I i (15) Ear piercing gun: A device that pierces an individual's ear using a single- use stud and clasp ear piercing system. An ear-piercing gun shall not be used to pierce any other part of the body besides the ear. (16) Germicidal solution: An agent that kills disease-causing microorganisms on hard surfaces; a disinfectant or sanitizer registered with the Environmental Protection Agency and or a 1:100 dilution of 5.25% sodium hypochlorite (household chlorine bleach) and water, made fresh daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and surfaces. ( 17) Germicidal soap: An agent designed for use on the skin that kills disease- causing microorganisms, including but not limited to, products containing povidone-iodine, chloroxylenol, triclosan, and chlorhexidine gluconate. (18) Gloves: mean those which are disposable and single use, and are labeled for surgical or examination purposes. (19) Hand washing facility: Sink equipped with hot and cold or tempered running water under pressure, used for washing hands, arms, or other portions of the body. (20) Health administrator: Health Director for the City of Lubbock Health Department or his or her designee. (21) Health care practitioner: A person licensed by the state to practice medicine. (22) Instruments: Hand pieces, needles, needle bars, hemostats, forceps, pliers, and other items that may come in contact with a client's body or possible exposure to bodily fluids during the tattoo and body piercing procedures. (23) Jewelry: Any personal ornament inserted into a pierced area, which must be made of surgical implant grade stainless steel (minimum of 316L or 316LVM), solid 14k or 18k gold, (minimum of 6A14V), platinum, titanium, niobium, or a dense, low porosity plastic approved by the manufacturer for use in new piercings, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use. (24) Managing conservator: A person, licensed child-placing agency, or authorized agency designated by a court as having the right to possession of the child, and the right to consent to medical, surgical, dental, and psychological treatment of the child. (25) Permanent cosmetics or makeup: Tattooing colored pigment along the upper or lower margin of the eyelids, or into the skin of the eyelids, eyebrows, lips, cheeks or other parts of the face for cosmetic purposes. (26) Permit holder: A person who owns, operates, or maintains a tattoo studio, tattoo and body-piercing studio, and body-piercing studio in compliance with these sections. (27) Sanitize: To treat a clean surface and kill pathogenic microorganisms. (28) Sharps: Any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, needles, scalpel blades, and razor blades. (29) Sharps container: 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. (30) Single-use: Articles intended for one-time, one-person use and which are to be discarded after such use. (31) Sterilization area: A separate room or area separate from workstations with restricted client access in which tattoo and body piercing instruments are cleaned, disinfected, and sterilized. (32) Surgical Body Modification: Extreme modification of any part of the body in which muscle and/or cartilage are cut for the purpose of re-shaping the body part. The term includes, but is not limited to, tongue-splitting, genital bifurcation, or ear re-shaping. The term does not include piercing. jl (33) Tattoo/tattooing: The practice of producing an indelible mark or figure on II I I the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related devices including permanent cosmetics. The term includes the application of permanent cosmetics. (34) Tattoo and body piercing area: The portion of the tattoo or body piercing studio used for applying tattoos or performing body piercing, including all surrounding areas which are likely to come into contact with contaminated waste. (35) Tattooist: A person who performs tattooing or applies permanent cosmetics and who is responsible for adherence to the provisions of these sections; hereafter referred to as artist. (36) Tattoo studio: A permanent, non-dwelling building or portion of a building, designated by a permit holder and located in accordance with applicable local zoning codes where tattooing or permanent cosmetic application is performed, completely separated from living quarters; hereafter referred to as studio. Temporary locations are not allowed. (37) Tongue splitting: Cutting of a human tongue into two or more parts. (38) Universal precautions: A method of infection control in which employees treat all blood and body fluids as to contain all blood-borne pathogens and taking proper precautions to prevent the spread of any blood-borne pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products. SECTION 3. THAT Section 14-278 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: Sec. 14-278. Permitting Fees, Procedures, and Exemptions. (a) Permit fees. All tattoo and body piercing studios shall obtain a permit annually except as indicated below from the (department). A new permit must be obtained at any time the name, ownership, or location of the permitted studio is changed. All tattoo and body piercing studios shall pay an annual, non-refundable permit fee for each place of business operated as follows: (1) $150 per tattoo only studio (2) $300 for a tattoo and body piercing studio-the fee to be paid as follows: $150 for the tattoo portion; and $150 for the body piercing portion; and (3) $150 per body piercing only studio (b) Permit forms. Permit forms may be obtained from the City of Lubbock Health Department, 1902 Texas Avenue, Lubbock, TX. 79401. (c) Permit application. An application shall be submitted for each tattoo studio and a separate application shall be submitted for each body-piercing studio. Approval of said application is contingent upon successful approval of the State of Texas license. The initial permit application for each studio shall be signed and verified, shall be made on the permit application furnished by the department, and shall contain the following information: (1) the full or legal name under which the studio is conducted; (2) the address of the studio that is to be permitted. Sufficient descriptive information must be included if the studio is located in a portion of the building with other permit holders; (3) if a proprietorship, the name and residence address of the proprietor; if a partnership, the names and residence addresses of all partners; if a corporation, the date and place of incorporation and name and address of its registered agent in the state; or if any other type of association, then the names of the principals of such association; I II (4) for each studio, the narne(s) and residence address(es) of the responsible individual(s) thereof; (5) the name(s) of the studio's artist(s); (6) the usual days and hours of operation of each studio and (7) a description of all services to be provided at the studio. (d) Issuance of permit. The department may issue a permit to the owner of a studio after determining that the studio is in compliance with applicable statutes, rules, and zoning codes. ( 1) The initial studio permit shall be valid for one year from the date of issuance, which becomes the anniversary date. (2) The renewal studio permit shall be valid for one year from the anniversary date. (3) The permit shall be displayed in a prominent place in the studio. (e) Renewal ofpermit (1) Each year, the permit holder shall renew its permit in accordance with the requirements of this section. (2) The permit holder shall renew the permit by filing an application for renewal before the expiration date of the current permit. A person who files a renewal application after the expiration date must pay an additional $50 as a delinquency fee. (3) Failure to submit the renewal application annually shall subject the studio to enforcement pursuant to this ordinance. (4) Notification of change of location of studio. Not fewer than 30 days in advance of the change, the permit holder shall notifY the Department in writing of the permit holder's intent to change the location of a permitted studio. The notice shall include the address of the new location, and the name and residence address of the individual in charge ofthe studio at the new location. (f) Exemption from licensure. Persons who engage only in the following are exempt from the licensing requirements of this section: (1) a studio located within a medical facility which is permitted under other law, or an office or clinic of a person permitted by the Texas State Board. (2) a person who performs only ear piercing; or (3) a facility in which only ear piercing is performed. SECTION 4. THAT Section 14-279 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: Sec. 14-279. Grounds for Refusing Permit (a) The department may refuse to issue an original or renewal tattoo studio or body piercing studio permit if it has reasonable grounds to believe and finds that any of the following circumstances exist: (1) the applicant has been convicted of a violation ofthis chapter during the two years immediately preceding the filing of the application; (2) three years have not elapsed since the termination, by pardon or otherwise, of a sentence imposed on the applicant for a conviction associated with tattooing or body piercing; (3) the applicant violated or caused to be violated a provision of this chapter or a rule of the department adopted under this chapter involving moral turpitude during the six months immediately preceding the filing of the application; ( 4) the applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application; (5) the applicant is indebted to the state for a fee or penalty imposed by this chapter or by rule of the department adopted under this chapter; (6) the applicant is a minor; or (7) the applicant does not provide an adequate building available at the address for which the permit is sought before conducting any activity authorized by the permit. (b) The department may refuse to issue or renew, for a period of one year from the date of application for the initial or renewal permit, a tattoo studio or body piercing studio permit for a premises where a shooting, stabbing, or other violent act or an offense involving drugs occurred that involved a permit applicant, permit holder, or registrant under this chapter or a patron or employee of the studio. SECTION 5. THAT Section 14-280 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: ! II Sec. 14-280. Physical Facilities. (a) A studio must be in a permanent, non-dwelling building or portion of a building which must be in a location which is permissible under local zoning codes, if any. The studio shall be separated from living quarters by complete floor to ceiling partitioning and shall contain no access to living quarters. Temporary locations are not allowed. (b) The studio shall be maintained in a sanitary condition. (1) Work surfaces shall be cleaned and sanitized with a germicidal solution. (2) Other environmental surfaces shall be cleaned with an all-purpose detergent disinfectant. (c) The walls, ceilings, and floors shall be kept in good repair. The tattoo and body piercing area shall be constructed of smooth, hard, surfaces that are non- porous, free of open holes or cracks, and easily cleaned. (d) Studios shall have adequate lighting of at least 50 foot candles of illumination in the tattooing, body piercing, and sterilization area. (e) Adequate mechanical ventilation shall be provided in the studio. (f) Each studio shall be equipped with hand-washing facilities for its personnel with unobstructed access to the tattoo and body piercing area such that artists can return to the area without having to touch anything with their hands. New studios shall be equipped with hand-washing facilities within ten (1 0) feet of the site where the tattooing or body piercing are performed, for example the chair, table or stool where a person receives the tattoo or body piercing. Hand-washing facilities shall be equipped with hot and cold or tempered running water under pressure; liquid germicidal soap; single-use towels or other approved hand-drying devices; and a covered refuse container. Such facilities shall be kept clean and in good repair. (g) Animals are not permitted in the studios except for guide or service animals accompanying persons with disabilities, or non-mammalian animals in enclosed glass containers such as fish aquariums, which shall be outside the tattooing, body piercing, and sterilization area. (h) Use of tobacco products shall be prohibited in the tattoo, body piercing, and sterilization area. Consumption of alcoholic beverages shall be prohibited in the studio or temporary location. (i) The studio shall be kept free of rodents and vermin and protected from infestation by insects. (j) If tattooing or body piercing is performed where other non-tattoing or non- body piercing services are provided, it shall be provided in an area that is physically separate, and with protection from other activities to avoid the transfer of disease-causing microorganisms or other irritant particles into the artist's workstation or sterilization area. SECTION 6. THAT Section 14-281 of the Code of Ordinances of the City of 1Lubbock, Texas, is hereby added to read as follows: I 'I I Sec. 14-281. Personnel Responsibilities. (a) All artists while tattooing or body piercing shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. (b) All artists shall wash their hands thoroughly using hot or tempered water (capable of reaching a temp of 11 0°F) with a liquid germicidal soap before and after tattooing or body piercing and as often as necessary to remove contaminants. (c) All artists must wear single-use examination gloves while assembling tattooing and body piercing instruments and while tattooing and body piercing. (d) When a session is interrupted or immediately after gloves are tom or perforated: ( 1) gloves shall be removed and discarded; and (2) hands shall be washed and a fresh pair of gloves used. (e) Artists shall use universal precautions while tattooing or body piercing. An artist diagnosed with a communicable disease shall provide to the department a written statement from a health care practitioner that the artist's condition no longer poses a threat to public health. (f) The area of the client's skin to be tattooed shall be cleaned with an approved germicidal soap according to label directions. (g) The external skin of the client to be pierced shall be cleaned with an approved germicidal soap according to label directions. In the case of oral piercings, the operator shall provide the individual with antiseptic mouthwash in a single-use cup and shall ensure that the individual utilizes the mouthwash provided. In the case of a lip, labret, or cheek piercing, procedures described in this paragraph for both skin and oral piercings shall be followed. (h) If shaving is required, razors shall be single-use. The razor or razor's head must be placed in a bio-hazard container after use. (i) Each artist performing any tattoo or body piercing procedure in the studio shall have the education, training and experience, or any combination thereof, to !I practice aseptic technique and prevent the transmission of blood borne pathogens. All procedures shall be performed using aseptic technique. Training records should be documented and available for inspection. SECTION 7. THAT Section 14-282 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: I I li II II I I II Sec. 14-282. Client Qualifications, Disclosure, and Records. (a) Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of eighteen (18) years of age and shall present at the time of tattooing or body piercing, a valid, government issued, positive identification card including, but not limited to, a driver's license, passport, or military identification, The identification must contain a photograph of the individual and a printed date of birth. (b) The artist shall verify and document in the permanent client record the client's age, date of birth, and the type of identification provided. (c) An artist may not tattoo a person younger than eighteen (18) years of age except as permitted in subsection (d) of this section. (d) With the consent of a minor's parent, managing conservator, or guardian, who determines it to be in the best interest of the minor child to cover an existing tattoo, a person under the age of 18 may be tattooed under the following conditions: (1) The existing tattoo must contain: (2) (A) obscene or offensive language or symbols; (B) gang-related names, symbols, or markings; or (C) drug-related names, symbols, or pictures; The consent required by subsection (d) can be satisfied by the minor's parent managing conservator, or guardian: (A) being physically present at the time the tattooing is being performed; (B) executing an affidavit stating that the person is the parent or guardian of the individual on whom the tattooing is being performed; (C) presenting evidence of the minor's identity to the artist; and I I ·I lr (D) presenting evidence of the status as parent or guardian of the individual who will receive the tattoo to the artist. (e) An artist may not perform body piercing on a person younger than eighteen (18) years of age without the consent of a parent, managing conservator, or guardian of the individual. The consent can be satisfied by: (1) completion of client and parental approval records that include the following information: (2) (A) the full name, address, and telephone number of the client; (B) the full name, address, and telephone number of the parent, managing conservator, or guardian; (C) the location on the body that may be pierced; and (D) the signatures of the minor and parent, managing conservator, or guardian; and the individual's parent, managing conservator, or guardian being physically present at the time the body piercing is being performed; and (A) executing an affidavit stating that the person is the parent, managing conservator, or guardian of the individual on whom the body piercing is being performed; (B) presenting evidence of the minor's identity to the artist; and (C) presenting evidence of the status as parent, managing conservator, or guardian of the individual who will receive the body piercing to the artist. (f) No person may be tattooed or body pierced who appears to be under the influence of alcohol or drugs. (g) Tattooing and body piercing shall not be performed on any skin surface which manifests any evidence of unhealthy conditions such as rashes, boils, infections, or abrasions. (h) Before receiving a tattoo, each client (and if applicable, the parent, managing conservator, or guardian) shall be informed verbally and in writing about the possible risk and dangers associated with the application of each tattoo. These shall include, but are not limited to, at least to following: the possibility of discomfort or pain; the permanence of the markings; the risk of infection; the possibility of allergic reaction to the pigments or other materials used; and the increased risks to diabetics. I l (i) Before receiving a body piercing, each client (and if applicable, the parent, managing conservator, or guardian) shall be informed verbally and in writing about the possible risks and dangers associated with receiving a body piercing. These shall include, but are not limited to, at least the following: the possibility of discomfort or pain; the possibility of scarring; the possibility of bleeding; the possibility of swelling; the risk of infection; the possibility of nerve damage; the increased risk for adolescents during certain stages of development; and the increased risks to diabetics. (j) The studio shall maintain proper records of each client. The information shall be permanently maintained at the studio for at least two years following the date of the last entry. These permanent records shall include the following: (1) the name, address, and telephone number of the client; (2) the date tattooing or body piercing was performed; (3) the client's age, date of birth, and type of positive identification provided to the artist (the information is to be recorded by the artist as described in subsection (b) of this section); ( 4) the specific color or colors of the tattoo or type of jewelry used for the piercing and, when available, the manufacturer's catalogue or identification number of each color or type of jewelry used; (5) the location on the body where to tattoo or body piercing was performed; (6) the name of the artist; (7) (8) a statement that the client has received a copy of the applicable written care instructions, and that the client has read and understands the instructions; and the signature of the client. (k) A person younger than 18 years of age commits an offense if the person falsely states that the person is 18 years of age or older or presents any document that indicates that the person is 18 years of age or older to a person engaged in the operation of a tattoo studio. SECTION 8. THAT Section 14-283 of the Code of Ordinances of the City of Lubbock, Texas, is hereby added to read as follows: Sec. 14-283. Sterilization. (a) A studio is required to utilize instruments that have been prepared as described in section 14-285 (a)-( e) of this article (relating to Tattooing and Body Piercing Instruments and Jewelry). The studio shall use sterilization equipment ' II I' that is approved by the United States Food and Drug Administration for the purpose of sterilization, and adequate in size to accommodate necessary utensils and instruments. A copy of the manufacturer's recommended procedures for operation of the sterilization unit(s) must be available for inspection by an authorized agent at the time of inspection. (b) Each person responsible for the sterilization of instruments shall be able to demonstrate to the department's authorized agent the correct sterilization procedures and the proper operation of autoclave an/or dry heat sterilization equipment. (c) After each use, the reusable instruments shall be cleansed to remove blood and tissue residue before sterilization as described in Section 14-285(n) of this ordinance. (d) Instruments and jewelry requiring sterilization shall be packed in packages approved for the sterilization unit. Instruments and jewelry shall be packed individually, or as a set provided such set is intended to be used for a single procedure. Each package shall be labeled with the date of sterilization and the initials of the person sterilizing the instruments. Packaged sterilized instruments shall be kept in a sterile condition and stored in a clean dust-tight container when not in use. Instruments and jewelry may be sterilized immediately before tattooing or body piercing without the use of sterilization packages as provided by the sterilization unit's manual. The studio must keep records in accordance with subsection (g) of this section. (e) Each package of instruments and jewelry sterilized shall be monitored for sterilization by the use of chemical/heat sensitive indicators. (f) Each sterilization unit used by the studio to sterilize instruments and jewelry must have a spore test performed each calendar month by an approved laboratory. Records shall be documented and available for inspection. (g) Each studio shall maintain sterilization records. The information shall be permanently recorded and made available for examination by an authorized agent in the studio for at least two years from the date of the last entry. These permanent records shall be maintained at the studio and shall include the following: ( 1) date of sterilization; (2) quantity and type of instruments to be sterilized; and (3) name or initials or the individual sterilizing the instruments. :I (h) Sterilized instruments and jewelry stored in accordance with the sterilization unit owner's manual and stored in accordance with the sterilization packet manufacturer's labeling or letter provided by the manufacturer of the sterilization packets will be considered sterile for the length of time set out in the sterilization unit owner's manual or packet labeling or supporting documentation. If the studio personnel cannot provide a manual for the sterilization equipment at the time of inspection or if no length of time is set out by the sterilization unit's manual, the equipment and jewelry must be stored in an approved manner and the instruments and jewelry not used within thirty (30) days after sterilization shall no longer be considered sterile. If presterilized instruments are used, the artist shall obtain documentation from the manufacturer that describes the method of sterilization utilized by the manufacturer and the manufacturer's recommendations for storage and maintenance of sterility. This documentation shall be available for inspection by an authorized agent. The artist shall follow the manufacturer's instructions for storage and maintenance of sterility. (i) One ofthe following methods of sterilization shall be used. (1) Autoclave steam under pressure: (A) 121 degrees Celsius (250 degrees Fahrenheit) and a pressure of at least 15 pounds per square inch for not less than 30 minutes after the chamber of the autoclave has reached the required temperature and pressure; or (B) as specified in the manufacturer's operator's manual. (2) Dry heat sterilization: (A) 160 degrees Celsius (320 degrees Fahrenheit) for not less than one hour under atmospheric pressure after the sterilizer has reached the required temperature; or l (B) as specified in the manufacturer's operator's manual. SECTION 9. THAT Section 14-284 of the Code of Ordinances of the City of ubbock, Texas, is hereby added to read as follows: Sec. 14-284. Care of the New Tattoo and/or Body Piercing. (a) Each time tattooing or body piercing is performed the client (and if applicable, the parent, managing conservator, or guardian) shall receive oral and written instructions on the care of the area tattooed or pierced. The client shall sign a written statement in the permanent client record acknowledging that the client has received a copy of the written care instructions, and that the client has i read and understands the instructions. (b) The written care instructions for tattooing shall contain at least the following items: (1) for at least two weeks, the need to minimize exposure to the sun, and to discourage swimming; (2) the need to properly cleanse the tattooed area; (3) the need to apply antibiotic ointment or cream; (4) the need to use sterile bandage(s) or other sterile dressing(s) when necessary; (5) the name of the artist, and the name, address, and telephone number of the studio; and ( 6) the instructions for the client to consult a health care practitioner at the first sign of infection or an allergic reaction, and to report any diagnosed infection, allergic reaction, or adverse reaction resulting from the application of the tattoo to the artist and to the Texas Department of Health, Drugs and Medical Devices Division, at 1- 888-839-6676 and to the City of Lubbock Health Department, at (806)775-2928. (c) The written care instructions for body piercing shall contain at least the following items: (1) the need to properly cleanse the pierced area by using antibacterial or antimicrobial soap for the external skin or an antiseptic or carbamide peroxide mouthwash for the oral cavity; (2) for at least the first six weeks, the need to minimize exposure to the sun and swimming; (3) the need to use sterile bandage(s) or other sterile dressing(s) when (4) (5) necessary; the name of the artist, and the name, address, and telephone number of the studio; and the instructions for the client to consult a health care provided at the first sign of infection or an allergic reaction, and to report any diagnosed infection, allergic reaction, or adverse reaction resulting from the body piercing to the artist and to the Texas Department of Health, Drugs and Medical Devices Division, at 1-888-839-6676 6676 and to the City of Lubbock Health Department, at (806)775-i 2928. l. SECTION 10. THAT Section 14-285 of the Code of Ordinances of the City of , ubbock, Texas, is hereby added to read as follows: I II I II II Sec. 14-285. Tattooing and Body Piercing Instruments and Jewelry. (a) Instruments and jewelry used during tattooing and piercing procedures which may contact blood or other bodily fluids, or which come in direct contact with skin which is not intact shall be sterilized after each use or disposed of. These devices include, but are not limited to, needles, bars, tubes, forceps, receiving tubes, and tapers. This does not include ear piercing guns or tattoo machines/ devices. (b) Instruments and jewelry used during tattooing and body piercing which do not come in contact with broken skin but may come in contact with mucous membranes and oral tissue should be sterilized after each use. If, however, sterilization is not feasible because the instrument or jewelry will be damaged, the instrument or jewelry shall be treated with a germicidal solution prior to use. These devices include, but are not limited to, calipers and gauge wheels. (c) Instruments that come into contact only with intact skin shall be treated with a germicidal solution prior to use. These devices include, but are not limited to, hand mirrors. (d) Reusable instruments shall be constructed in a manner that permits easy cleaning and sterilization. (e) Needles use to perform body piercing and tattooing shall be single-use and disposed of in a sharps container. (f) Single-use disposable instruments shall be maintained in clean condition and dispensed in a manner to prevent contamination to the unused instruments. These devices include, but are not limited to, cups, cotton swabs, corks, rubber bands, and toothpicks. (g) Use of styptic pens or alum solids to control blood flow is prohibited. (h) All dyes or pigments used in tattooing and piercing shall be non-toxic, free from adulteration, and made from materials generally regarded as safe. Marking instruments shall be single-use or sanitized by design, such as alcohol based ink pens, and shall be used only on intact skin that has been treated with a germicidal soap. Any marking instrument that comes in contact with mucous membranes or broken skin shall be single-use. (i) Only single-use pigment or dye containers shall be used for each client. Pigments and dyes shall be dispensed from containers in a manner to prevent contamination to the unused portion. Individual containers of dye or pigment shall be discarded after use. (j) In order to minimize transmission of body fluids and disease, single-use plastic covers shall be used to cover spray bottles or other reusable accessories for multiple client use that are handled by the artist during tattooing and body piercing. (k) All stencils shall be single-use. Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied using aseptic technique and in a manner to prevent contamination of the original container and its contents. The applicator shall be single-use. II I' (1) Contaminated reusable instruments shall be placed in a labeled covered Ji jl I container which may contain a disinfectant solution such as 2.0% alkaline glutaraldehyde (not to be construed as all inclusive) until it can be cleaned and sterilized. (m) All containers holding contaminated instruments and container lids shall be emptied of contaminated solution and cleaned and sanitized daily or more often if needed. (n) Reusable instruments shall be cleaned by gloved personnel prior to sterilization by one of the following methods: ( 1) mechanically pre-clean the items by using a clean cotton ball or swab moistened with a solution of low-residue detergent and cool water, with care taken to ensure the removal of any pigment or body substances not visible to the eye, thoroughly rinse with warm water and then drain, and clean by soaking in a protein dissolving detergent-enzyme cleaner used according to manufacturer's instructions; or (2) clean the items in an ultrasonic cleaning unit used according to manufacturer's instruction. A copy of the manufacturers recommended procedures for operation of the ultrasonic cleaning unit must be available for inspection by an authorized agent; and (3) rinse and dry the items prior to packaging for sterilization. SECTION 11. THAT Section 14-286 of the Code of Ordinances of the City of ubbock, Texas, is hereby added to read as follows: Sec. 14-286. Report of Infection or Allergic Reaction (a) The studio shall notify by providing a written report to the City of Lubbock Health Department, in writing, of any infection or allergic reaction resulting from a body piercing or the application of a tattoo to the department within 48 hours of its occurrence or knowledge thereof. The report shall include: (1) the name ofthe affected client; (2) the name and address of the studio where the tattoo or body piercing was performed; (3) (4) (5) the complete legal name of the artist; the date the tattoo or piercing was performed; the specific color or colors of the tattoo or type of jewelry used for the piercing and, when available, the manufacturer's catalogue or identification number of each color or type of jewelry used; (6) the location of the infection and the location on the body where the tattoo or piercing was applied; (7) the name and address of the health care provider, if any; and (8) any other information considered relevant to the situation. (b) The department shall use these reports in their efforts to identifY the source of the adverse reaction(s) and to take action to prevent its recurrence. , SECTION 12. THAT Section 14-287 of the Code of Ordinances of the City of jLubbock, Texas, is hereby added to read as follows: I Sec. 14-287. Disposal of Infectious Waste. (a) Sharps shall be subjected to the methods of treatment and disposal as described in Chapter 1, Subchapter K, §1.136 of Title 25, Texas Administrative Code (relating to Approved Methods of Treatment and Disposition) and Title 30, Texas Administrative Code, Chapter 330, Subchapter Y and to the City of Lubbock Code of Ordinances. (b) Other studio waste generated during the tattooing and body piercing process, i.e., cotton balls, cotton tip applicators, corks, toothpicks, tissues, paper towels, gloves, single use plastic covering, and pigment containers (not to be construed as all-inclusive) shall be disposed of in accordance with the City of Lubbock Code of Ordinances and Chapter 1, Subchapter K, §1.136(a)(2) of Title 25, Texas Administrative Code or Title 30, Texas Administrative Code, Chapter 330. Copies of these provisions are indexed and filed in the office of the Drugs and Medical Devices Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, 1-888-839-6676, and are available weekdays for inspection between the hours of8:00 a.m. and 5:00p.m. SECTION 13. THAT Section 14-288 of the Code of Ordinances of the City of ubbock, Texas, is hereby added to read as follows: 1 Sec. 14-288. Tongue Splitting and Surgical Body Modification. 'l' A person may not perform tongue splitting. or surgical body modification. SECTION 14. THAT Section 14-289 of the Code of Ordinances of the City of " ubbock, Texas, is hereby added to read as follows: I I' I j Sec. 14-289. Refusal, Revocation, or Suspension of Permit and Enforcement. (a) Basis. The Department may, after providing notice and opportunity for a hearing, refuse to permit a studio, or may revoke or suspend the permit for violations of the requirements in this Article or for any reasons described in the Tattoo and Certain Body Piercing Studio Act, or in the Texas Food, Drug, and Cosmetic Act. (b) Hearing. The public health administrator or his designee shall conduct any hearing pursuant to this Article. Notice of such hearing shall be provided by the public health administrator to the studio owner or permit holder by certified mail, return receipt requested. At such hearing all parties shall be given the opportunity l II I II I to present evidence. The public health administrator or his designee has the authority to issue an order to refuse to permit a studio, or may revoke or suspend the permit of a currently operating studio. Such orders may be appealed to the City of Lubbock Permit and License Appeal Board by filing a written notice of appeal within five (5) days with the city secretary's office. Decisions of the permit and license appeal board shall be final. (c) Enforcement and Penalties. (1) Injunction. If it appears that a person has violated or is violating the City of Lubbock Code of Ordinances or state law with regard to this Article, the City Council of the City of Lubbock may direct the City Attorney to institute a civil suit for injunctive relief. (2) Criminal Penalty. Any person, firm, or corporation violating any provision of this Article shall be fined in accordance with the City of Lubbock Code of Ordinances for each offence; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (d) Re-issuance of Permit. If a permit issued under this Article has been revoked or denied for violation of these rules, the permit holder named in the revocation or denial is not eligible for licensing under this Article for a period of two (2) years. (e) Suspension ofPermit. (1) Permit holder includes sole proprietors, each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock. (2) The Department may suspend or revoke an original or renewal tattoo studio or body piercing studio permit if it is found, after notice and hearing as provided in this Article, that any of the following is true: (A) the permit holder has been finally convicted of a violation of this Article; (B) the permit holder violated a provision of this Article; (C) the permit holder made a false or misleading statement in connection with the original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the Department; (D) the permit holder is indebted to the city for fees or payment of penalties imposed by this article; (E) the permit holder knowingly misrepresented to a customer or the public any tattoo or body piercing jewelry sold by the permit holder; or (F) the permit holder was intoxicated on the permitted premises. I (3) If a permit holder cannot be located for any notice required under this Article, the Department shall provide notice by posting a copy of the order on the front door of the permitted premises. SECTION 15. THAT violation of any provision of this ordinance shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 16. THAT should any paragraph, section, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. SECTION 17. THAT the City Secretary ofthe City of Lubbock, Texas, is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative means of publication provided by law. :\ ' AND IT IS SO ORDERED. Passed by the City Council on first reading this 29th Passed by the City Council on second reading this 15th ATTEST: ,, ~cdocs/tattoo.ord ruly s. 2004 I I II day of __ Ju..;;..n_._e __ , 2004. ----~"----' 2004.