HomeMy WebLinkAboutResolutions - 2000.07.20 - 26022REPORT (MR #00132) July 20, 2000
BY:
IN RE:
FINANCE COMMITTEE - SUE ANN DOUGLAS, CHAIR
DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION ADOPTION OF ARTICLE VII,
BODY ART ESTABLISHMENTS AND PRACTITIONERS, OF THE OAKLAND COUNTY
SANITARY CODE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above recommended
resolution, hereby recommends that the resolution be approved with
an amendment to the second BE IT FURTHER RESOLVED paragraph to
insert the words "for recommendation to the Board of Commissioners"
following the words "from time to time" as shown below.
BE IT FINALLY RESOLVED that the fees associated
with the activities under Article VII shall be
established pursuant to the attached schedule, and that
said fees shall be reviewed by the Oakland County Health
Division from time to time, FOR RECOMMENDATION TO THE
BOARD OF COMMISSIONERS, to ensure that they are
sufficient.
Chairperson, on behalf of the Finance Committee, I move the
acceptance of the foregoing Report.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried on a roll call vote with Friedman Appel and Causey-Mitchell
absent.
July 20, 2000
REPORT (Misc . #00132)
BY: Personnel Committee, Thomas A. Law, Chairperson
RE: MR #00132 DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION ADOPTION OF ARTICLE VII, BODY
ART ESTABLISHMENTS AND PRACTITIONERS, OF THE OAKLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above-mentioned resolution on July 12, 2000, recommends to
the Oakland County Board of Commissioners the resolution be adopted.
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Personnel Committee Vote:
Motion carried on a unanimous roll call vote with Moffitt absent
June 15, 2000
REPORT (Misc . #00132)
BY: General Government Committee, Shelley G. Taub, Chairperson
RE: MR #00132 Department of Human Services/Health Division Adoption of Article VII, Body Art
Establishments and Practitioners, of the Oakland County Sanitary Code
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee having reviewed the above-mentioned resolution on June 7, 2000,
recommends to the Oakland County Board of Commissioners the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on unanimous roll call vote with Dingeldey and Patterson absent
MISCELLANEOUS RESOLUTION #00132
BY: Eric Coleman, District #21
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION - ADOPTION OF ARTICLE VII,
BODY ART ESTABLISHMENTS AND PRACTITIONERS, OF THE ()ARLAND COUNTY SANITARY CODE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County Government places the highest priority on
protecting the health and safety of our residents; and
WHEREAS body art consists of tattooing, permanent cosmetics, piercing,
scarification, and branding of various parts of the body; and .
WHEREAS there has been an increased interest in piercing body parts for
the purpose of wearing jewelry, tattooing, and other practices referenced above;
and •
WHEREAS these procedures are invaive and puncture the skin, which may
result in the transmission of various communicable diseases and the infliction
of injuries; and
WHEREAS lack of proper hygiene, improper sanitation or not using universal
precautions on the part of body art practitioners has resulted in incidences of
or the transmission of various communicable diseases, illnesses, or injuries as
documented in medical literature; and
WHEREAS there are, with the exception of two communities, currently no
regulations in Oakland County related to these practices; and
WHEREAS a training and testing program for body art practitioners is key
to a successful implementation of the contemplated ordinance; and
WHEREAS pursuant to Miscellaneous Resolution #99272, the Oakland County
Health Division has studied, in depth, the current conditions under which
tattooing and other body art is performed in Oakland County, and has undertaken
a review of all available information regarding the best practices in the
regulation of establishments providing body art services; and
WHEREAS in accordance with the Public Health Code (Public Act 368 of 1978)
the Oakland County Health Division has held a public hearing and considered the
comments of the public in the formulation of the proposed Article VII; and
WHEREAS it is necessary to create one (1) GF/GP Part-Time Non-Eligible
(1000 hour) Senior Sanitarian position to support this program; and
WHEREAS it is necessary to establish certain fees to help support the
activities to be performed under Article VII.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the adoption of the attached Article VII, Body Art Establishments and
Practitioners, as an addition to the Oakland County Sanitary Code, with
implementation to begin 90 days from the passage of this resolution.
BE IT FURTHER RESOLVED that one (1) GF/GP Part Time Non-Eligible (1000
hour) Senior Public Health Sanitarian position be created, effective upon the
passage of this resolution, in the Health Division to help support this program.
BE IT FINALLY RESOLVED that the fees associated with the activities under
Article VII shall be established pursuant to the attached schedule, and that said
fees shall be reviewed by the Oakland County Health Division from time to time
to ensure that they are sufficient.
Chairperson, I move the adoption of the foregoing resolution.
Eric Coleman, District #21
DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION
ARTICLE VII OF THE OAKLAND COUNTY SANITARY CODE
BODY ART ESTABLISHMENTS AND PRACTITIONERS
SCHEDULE OF FEES
ACTIVITY FEE
Establishment License 150
Individual Permit 50
Plan Review 75
Temporary License 50
Reinstatement Reinspection 55
OAKLAND COUNTY SANITARY CODE
ARTICLE VII
BODY ART ESTABLISHMENTS AND PRACTITIONERS
The intent of this article is to safeguard the health, safety and welfare of the public from the
spread of infectious diseases from practices which prick, pierce, or scar the skin, by regulating
the operation of body art establishments in Oakland County; to establish environmental health
standards for the conduction of body arts procedures; to regulate the establishment and practice
of body arts services; to authorize the Oakland County Health Division to enforce these standards
and regulations by inspections; to require a license to operate a body art establishment; to require
a permit, which requires the demonstration of knowledge in anatomy and body art technology,
effective sterilization, sanitation, and hygienic and disease-controlling techniques, for individuals
engaged in the practice of body art; and for providing licensing and permitting procedures and
fees.
SECTION 1 - AUTHORITY
This Article is established by the Oakland County Board of Commissioners pursuant to Public
Act 368 of the Public Acts of 1978, as amended.
SECTION 2 - DEFINITIONS
2.1 "Aftercare" means written instructions given to the client, specific to the body art
procedure(s) rendered, about caring for the body art and surrounding area. These
instructions will include information about when to seek medical treatment, if necessary.
2.2 "Antiseptic" means an agent that destroys disease-causing microorganisms on human
skin or mucosa.
2.3 "Body art" means the practice of physical body adornment by licensed establishments
and permitted practitioners utilizing, but not limited to, the following techniques: body
piercing, tattooing, cosmetic tattooing, branding and scarification. It does not include
practices or procedures which are considered to be medical procedures by the state
medical board, such as, hair or skin implants, or plastic surgery.
2.4 "Body art establishment" means any place or premise, whether public or private,
transient, temporary or permanent in nature or location where the practice of body art,
whether or not for profit, is carried out.
2.5 "Body piercing" means any method of piercing the skin or mucosa, except the outer
perimeter and lobe of the ear, in order to place any object, including but not limited to
rings, studs, bars, or other forms of jewelry or ornamentation, through the skin or mucosa.
2.6 "Contaminated 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; and contaminated sharps and pathological and
microbiological wastes containing blood and other potentially infectious materials, as
defined in 29 Code of Federal Regulations, Part 1910.1030 (latest edition), known as
"Occupational Exposure to Blood-borne Pathogens."
2.7 "Cosmetic tattooing" means the practice of depositing pigment into the epidermis,
utilizing needles, which is either permanent, semi-permanent or temporary by someone
other than a state licensed physician. Cosmetic tattooing shall also mean the same as
permanent cosmetics, dermography, micro pigmentation, permanent color technology and
micro pigment implantation.
2.8 "Disinfection" means the killing of the microorganisms on inanimate objects or surfaces
which cause disease in humans.
2.9 "Division" shall mean the Oakland County Health Division.
2.10 "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 operation of a body art establishment.
2.11 "Handsink" means a lavatory equipped with hot and cold running water under pressure
used solely for washing hands, arms and other portions of the body.
2.12 "Hot water" means water which is at a constant temperature of at least 100 degrees
Fahrenheit.
2.13 "Instruments used for body art" means hand pieces, needles, needle bars and all other
instruments that may come in contact with a client's body fluid during body art
procedures.
2.14 "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 compromise the
skin or mucosa.
2.15 "Jewelry" means any personal ornament inserted into a newly pierced area, which must
be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold,
niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks,
scratches, or irregular surfaces and has been properly sterilized prior to use.
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2.16 "License" means written approval by the Oakland County Health Division to operate a
body art establishment. Approval is given in accordance with these regulations and is
separate from any other licensing requirements that may exist.
2.17 "Minor" means an individual under 18 years of age who is not emancipated under Public
Act 293 of the Public Acts of 1968.
2.18 "Operate/Operator" means an individual who conducts his or her own body art
establishment, or who is employed by another person to directly manage the day-to-day
activities of a body art establishment.
2.19 "Permit" means the permitting of individual practitioners engaged in the practice of
body art, through the demonstration of knowledge by means of the successful completion
of a written examination, in anatomy and body art technology, effective sterilization,
sanitation, and hygienic and disease-controlling techniques, the proper use of single-use
sharps and apparatus, awareness of skin disorders and diseases and other diseases such as
diabetes, which contraindicate the practice of body art, and procedures required to safely
collect and dispose of contaminated waste. The Oakland County Health Division may
accept other certification or credentials it deems appropriate in lieu of the written
examination.
2.20 "Person" means a person as defined in Public Act 368, of the Public Acts of 1978, or a
governmental entity.
2.21 "Practitioner" means any person who controls, operates, manages, conducts, or practices
any form of body art activities, and who is responsible for compliance with these
regulations, whether or not actually currently performing body art activities. The term
includes technicians and persons who assist in the actual performance of body art
activities.
2.22 "Procedure surface" means any surface that contacts a client's unclothed body during a
body art procedure or any associated work area that may require sanitizing.
2.23 "Sanitize/Sanitization" means a treatment of the cleanable surfaces of equipment by a
product registered with the United States Environmental Protection Agency and which
has been approved by the Oakland County Health Division as being effective in reducing
the number of microorganisms to a safe level.
2.24 "Sharps" means any sterilized object that is used for the purpose of penetrating the skin
or mucosa including, but not limited to, needles, scalpel blades, razor blades, and broken
glass.
2.25 "Sharps container" means a puncture-resistant, leak-proof container that can be closed
for handling, storage, transportation and disposal, and is labeled with the international
"biohazard" symbol.
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2.26 "Single use" means products or items that are intended for one-time, one-person use and
are disposed of after use on each client including, but not limited to, cotton swabs or
balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings,
razors, piercing needles, scalpel blades, stencil ink cups, and protective gloves.
2.27 "Sterilize/Sterilization" means destruction of all forms of microbiotic life, including
spores.
2.28 "Tattooing" means any method of placing ink or other pigment into or under the skin or
mucosa by the aid of needles or any other instruments used to puncture the skin, resulting
in permanent coloration of the skin or mucosa. This includes all forms of cosmetic
tattooing.
2.29 "Temporary body art establishment" means any place or premise operating at a fixed
location where a practitioner performs body art procedures for no more than fourteen (14)
days consecutively in conjunction with a single event or celebration.
2.30 "Universal Precautions" means a set of guidelines and controls, published by the
Centers for Disease Control and Prevention (CDC), as "Guidelines for Prevention of
Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care
and Public Safety Workers" in Morbidity and Mortality Weekly Report (MMWR), June
23, 1989, Vol. 38, No. S-6, and as "Recommendations for Preventing Transmission of
Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-
Prone Invasive Procedures", in MMWR, July 12, 1991, Vol. 40, RR-8. This method of
infection control requires the employer and employee to assume that all human blood and
specified human body fluids are infectious for HIV, HBV, and other blood pathogens.
Precautions include handwashing; 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 - LICENSE REQUIRED
3.1 A person shall not operate a body art establishment without an annual license from the
Oakland County Health Division. The establishment license shall be conspicuously
displayed within the reception area of the establishment. A license shall clearly indicate
whom to contact or call with a complaint. A license is not transferable and shall not be
issued or renewed before the full fee is paid, the premises, equipment, and operations of
the establishment have been inspected, and the operator has complied with all inspection
deficiencies.
3.2 An operator of a licensed establishment shall not allow the practice of body art
procedures until the Oakland County Health Division has determined that all body art
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practitioners practicing body art at the operator's establishment are individually
permitted.
3.3 A license may be revoked, suspended, or limited, or a license application denied,
pursuant to the procedures set forth in Section 14 if an inspection determines that an
operator has failed to follow standard disease control techniques, or has failed to keep
required records of services performed, or has provided services to an underage person
without the required consent and presence of a parent or legal guardian.
3.4 A person shall not operate a temporary establishment for the performance of body art
procedures without a license from the Oakland County Health Division. The Division
may issue a temporary establishment license for period of up to fourteen (14) days to
provide body art services outside the physical site of a licensed establishment for the
purpose of product demonstration and promotion, industry trades shows, or for
educational purposes. The Division shall establish procedures to prescribe reasonable
criteria needed to assure that body art which is performed in a temporary facility is
conducted in a safe, sanitary, and disease-free manner. A temporary license shall be
conditioned upon full compliance with the criteria established by the Oakland County
Health Division.
3.5 A person shall not operate a mobile body art establishment within the County of Oakland.
The Oakland County Health Division shall not license the use of mobile body art
establishments.
3.6 A person who's license to operate a body art facility has been revoked, suspended, or
limited, or a person who's license application has been denied has the right to appeal to
the Oakland County Sanitary Code Appeals Board. A request for an appeal must be in
writing, accompanied by the prescribed fee, and submitted to the Health Officer within
ten (10) days of the Health Division's action. The Sanitary Code Appeals Board may
uphold, reverse, or alter the action by a majority vote.
3.7 The Oakland County Health Division shall recommend to the Oakland County Board of
Commissioners a license, permit, plan review and reinspection fee schedule.
3.8 Licensure under this Article does not exempt the licensee from compliance with other
applicable federal, state, and local laws, ordinances, and rules, such as the Michigan
Medical Waste Regulatory Act, Part 138 of Public Act 368, of the Public Acts of 1978, as
amended.
SECTION 4 - INSPECTION OF BODY ART FACILITIES
4.1 The Health Officer, or his/her designee, shall have the authority to inspect every premise
and location at which the aforesaid practice is being carried out within the jurisdiction of
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the Health Division as often as deemed necessary for the enforcement of this Sanitary
Code Article. The Health Officer, or his/her designee, may at any reasonable time make
inspections of the body art facility to ensure compliance with this Sanitary Code Article.
All body art facilities within the jurisdiction of the Oakland County Health Division shall
be inspected a minimum of two (2) times per year by the Health Officer, or his/her
designee.
4.2 No person shall refuse to permit the Health Officer, or his/her designee, after proper
identification, to inspect any body art facility at reasonable hours nor shall any person
impede or impair an Oakland County Health Division representative from carrying out
his or her duties as authorized under this Article.
SECTION 5 - PLAN REVIEW REQUIREMENT
5.1 After the effective date of this Article, no person, firm, association, corporation, or
governmental entity shall construct, install, operate, equip, or extensively alter a body art
facility until plans have been submitted to and approved in writing by the Health Officer,
or his/her designee.
5.2 The plans and specifications shall be submitted through the plan review process for
approval by the Health Officer, or his/her designee, on forms provided by the Oakland
County Health Division. The plan and specifications shall comply with the criteria
established for the plan review before a license is issued.
SECTION 6 - PRACTITIONER PERMIT REQUIRED
6.1 The practice of body art shall not be performed without a permit from the Oakland
County Health Division. The permit shall be conspicuously displayed within the
reception area of any establishment in which body art is performed. The Oakland County
Health Division shall issue practitioner permits to individuals who have paid the required
permitting fee, met the requirements of Sub-Section 6.2 of this article and who have
successfully passed a written examination offered by the Oakland County Health
Division which demonstrates the practitioner has completed basic instruction in:
A. Anatomy and body art technology.
B. Effective sterilization, sanitization, and hygienic techniques; use of single-use
sharps and apparatus; and other related disease control techniques.
C. The awareness of skin disorders and diseases, and other diseases such as diabetes,
which contraindicate the practice of body art.
D. Procedures required to safely collect and dispose of contaminated waste.
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The Oakland County Health Division may accept other certification or credentials it
deems appropriate in lieu of the written examination.
6.2 All practitioners permitted under this Sanitary Code Article need to complete a Hepatitis
B vaccination series; or have medical evidence of immunity; or have an approved
medical waiver. Exemptions for other reasons will be considered upon written
submission to the Oakland County Health Division.
6.3 A permit may be revoked, suspended, or limited, or a license application denied, pursuant
to the procedures set forth in Section 14 if an inspection determines that a practitioner has
failed to follow standard disease control techniques, or has failed to keep required records
of services performed, or has provided services to an underage person without the
required written consent and presence of the parent or guardian.
SECTION 7 - BODY ART PROHIBITIONS
7.1 A practitioner shall not perform a body art procedure upon a person who is under the age
of eighteen (18) without the written consent and presence of a parent or legal guardian of
that minor, except a minor emancipated under Michigan State Law. The minor's parent
or legal guardian shall execute the written, informed consent required under this
subsection in the presence of the individual performing the body art procedure on the
minor or in the presence of an employee or agent of that individual. A practitioner shall
require positive proof of age from all prospective clients who reasonably appear to be less
than twenty-five (25) years of age, such as driver's license or equivalent photo
identification card, and shall make and keep a photocopy of that proof of age as a part of
the permanent client record.
7.2 A practitioner shall not perform a body art procedure upon any person who appears to be
under the influence of alcohol or other drugs.
7.3 A practitioner shall not perform a body art procedure upon a person who has not
completed a health risk questionnaire. The purpose of the health risk questionnaire is to
assist the practitioner and the client in making the decision to proceed with the body art.
This questionnaire shall ask whether the client falls within one or more of the following
risk group categories:
A. History of jaundice or hepatitis.
B. History of AIDS, or positive HIV test.
C. History of skin disease or skin cancer at site of service.
D. History of allergies or anaphylactic reaction to pigments, dyes or other
sensitivities.
E. History of hemophilia.
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F. Is taking medications which thin blood and prevent clotting.
G. History of any other known medical condition which would increase
susceptibility to infection or impair the healing process. (e.g. diabetes,
immunosuppression, etc.)
H. History of eye disease.
7.4 The client shall sign and date a written statement, witnessed and also signed by the
practitioner, that the client does/does not fall within one of the risk group categories to
the client's best knowledge.
SECTION 8 - EXEMPTIONS
8.1 Physicians licensed to practice in the State of Michigan, who use body art procedures as
part of patient treatment, are exempt from these regulations.
8.2 An establishment where the practice is limited to the piercing of the outer perimeter and
lobe of the ear with a pre-sterilized single use stud-and-clasp ear-piercing system only is
exempt from the licensing and permitting requirements of this article.
SECTION 9 - CLIENT NOTICE REQUIREMENTS
9.1 Before performing any body art procedure, a prospective client shall be provided with
written factual information regarding the effects, risks, and permanence of that body art
procedure. This written information shall be submitted for pre-approval by the Oakland
County Health Division as to accuracy and completeness. Before undertaking a
procedure, a client shall acknowledge on a copy of the written information that he or she
has read and understands the information, and this copy shall be retained in the
permanent file for that client.
9.2 After a procedure is completed, a client shall also be provided with written instructions,
also pre-approved by the Oakland County Health Division, on proper care of the body art
site. These instructions, known as aftercare, shall at a minimum advise the client to
consult a physician at the first sign of infection; shall contain the name, address and
telephone number of the establishment; and shall name the Oakland County Health
Division and telephone number to which to make a complaint. If tattooing was
performed, this document shall also specify the colors applied and when available, the
manufacturer or catalogue identification number of each color applied. This document
shall be executed in at least two (2) copies and signed by both the practitioner and the
client. A copy shall be provided to the client and another shall be retained in the client's
permanent record.
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SECTION 10- REQUIRED RECORDS
10.1 An establishment shall maintain a record of all clients who have had body art services
performed. This record shall indicate the name, address, telephone number, and date of
birth of the client; a signed and dated acknowledgment by the client that they understand
the pre-procedure information; a health risk questionnaire signed and dated by the client;
a description of procedures performed and name of each practitioner performing the
services; proof of age where relevant; proof of parent or guardian consent and presence
where relevant; and a receipt signed and dated by the client acknowledging they have
received a copy of the aftercare instructions and pigment identification.
10.2 These records shall be retained for at least five (5) years by the owner of the
establishment. These records shall be made available to the Oakland County Health
Division representative immediately upon request, but shall otherwise be safeguarded.
SECTION 11 - STANDARDS FOR PREMISES
11.1 A body art establishment shall meet the inspection criteria and standard operating
procedures established by the Oakland County Health Division.
SECTION 12 - REQUIRED PROCEDURES FOR PREPARING BODY AREA
12.1 Before performing a procedure, the skin and surrounding skin area where the procedure is
to be performed shall be washed with antimicrobial soap or treated with iodine, as
appropriate.
12.2 If shaving of the area is necessary, safety razors with single-use blades, or disposable
razors, shall be used and discarded after each use. If safety razors with disposable blades
are used, the reusable holder shall be autoclaved after each use. After shaving, the shaved
area shall be washed with antimicrobial soap and the washing pad shall be discarded after
a single use.
12.3 In the event of blood flow, all products used to check the flow or to absorb the blood shall
be single-use and shall be disposed as bio-hazard waste.
SECTION 13 - REQUIRED PROCEDURES FOR PERFORMING BODY ART
13.1 A practitioner shall maintain a high degree of personal cleanliness, conform to hygienic
practices and wear clean clothing when performing body art procedures. Before
performing procedures, a practitioner shall thoroughly wash hands in hot running water
using liquid antimicrobial soap, scrubbing for at least one (1) minute, then rinse and dry
hands with disposable paper towels. This procedure shall be repeated as often as needed
to remove contaminants.
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13.2 While performing procedures, a practitioner shall wear disposable medical gloves. The
gloves shall be disposed, at a minimum, after each client.
13.3 If, while performing a procedure, a glove is pierced, torn, or otherwise contaminated, the
glove shall be immediately discarded and hands washed thoroughly before a new glove is
applied. Any item dropped on the floor or otherwise contaminated shall be immediately
discarded and a new one used.
13.4 All reusable instruments used for body art shall be cleaned thoroughly after each use by
scrubbing with an antimicrobial soap solution and hot water or by an appropriate
disinfectant, to remove blood and tissue residue, and placed in an ultrasonic unit which
shall be operated in accord with the manufacturer's instructions. After the reusable
instruments used for body art have been cleaned as prescribed, they shall then be packed
and sterilized as prescribed in Subsection 13.5 and 13.6.
13.5 After cleaning, all reusable instruments used for body art shall be packed individually in
paper peel-packs and sterilized. All paper peel-packs shall contain either a sterilizer
indicator or internal temperature indicator. Paper peel-packs shall be dated with an
expiration date not to exceed thirty (30) days. Sterile equipment shall not be used after
the expiration date without first repackaging and re-sterilizing.
13.6 All reusable instruments used for body art shall be sterilized in a autoclave using
procedures outlined in the inspection criteria approved by the Oakland County Health
Division. The autoclave shall be used, cleaned, and maintained in accordance with the
manufacturer's instructions. A copy of the manufacturer's instructions must be kept
available on the premises for inspection by the Division.
13.7 Each holder of a license to operate a body art establishment shall demonstrate that the
autoclave used is capable of attaining sterilization by conducting a monthly spore test
through an independent certified laboratory. The license shall not be issued or renewed
until documentation of satisfactory testing is presented to the Oakland County Health
Division. Test records shall be kept for at least five (5) years by the establishment owner
and made available to the Division upon request. If the body art facility is notified by the
testing entity that a test result is positive for biologic growth, the body art facility shall
immediately cease all operations and notify the Oakland County Health Division.
Operations in the body art facility can not resume until test results that are negative for
biologic growth have been provided to the Oakland County Division by the testing entity
and all reusable instruments in the body art facility have been re-sterilized.
13.8 After sterilization, an instrument used for body art shall be stored in a dry, clean cabinet
or other tightly covered container reserved for storage of only such instruments.
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13.9 All instruments used for body art shall remain stored in sterile packages until
immediately prior to performing a body art procedure. When assembling instruments
used for performing a body art procedure, a practitioner shall wear disposable medical
gloves and use techniques to ensure that the instruments and gloves are not contaminated.
13.10 All inks, dyes, pigments and sharps shall be specifically manufactured for performing
body art procedures and shall not be adulterated. Immediately before applying a tattoo,
the quantity of dye to be used for the tattoo shall be transferred from the dry bottle and
placed into sterile single-use paper or plastic cups. Upon completion of the tattoo, these
single-use cups and all of their contents shall be discarded.
13.11 All sharps shall be sterilized prior to use and stored in paper peel-packs in the manner
prescribed in Sub-Sections 13.6, 13.7 and 13.8.
13.12 Single-use sharps shall not be used for more than one (1) client for any reason. After use,
all single-use needles, razors and other sharps shall be immediately disposed in an
approved sharps container.
13.13 All body art stencils shall be single-use and disposable. Petroleum jellies, soaps and
other products used in the applications of stencils shall be dispensed and applied to the
area to be tattooed with sterile gauze or in a manner to prevent contamination of the
original container and its contents. The gauze shall be used only once and then discarded.
SECTION 14 - SUSPENSION OR REVOCATION OF LICENSES OR PERMITS
14.1 A license or permit issued under this Article may be suspended temporarily by the
Oakland County Health Division for failure of the holder to comply with one or more
requirements of this Article.
14.2 If a license or permit is to be suspended, the Oakland County Health Division shall give
the holder prompt notice and the suspension shall occur immediately upon receipt of the
notice.
14.3 If a license or permit is suspended, the holder may apply at any time for immediate
reinstatement of the license.
14.4 After a reinspection fee is paid, the Oakland County Health Division shall respond
promptly and in no more than (10) working days to a request for reinstatement. If
reinspection determines that the holder has come into compliance with this Article, the
license shall be promptly reinstated.
14.5 For serious or repeated violations of the requirements of this Article, the Oakland County
Health Division may permanently revoke a license or permit. Before issuing a permanent
revocation, the Division shall give notice to the holder in writing of its intent and the
reasons for revocation. A person who has been denied or had a license or permit revoked
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as required by this Article shall have the right of appeal by petition in writing to the
Oakland County Health Division and such appeals shall be heard before the Sanitary
Code Appeal Board. The petition must be accompanied with a fee and must be submitted
within 30 days from the receipt of written notice of the rejection by the Oakland County
Health Division.
SECTION 15 - MISDEMEANOR PENALTIES
A person who is not exempt under Section 8 of this Article and who violates any
requirement of this Article is guilty of a misdemeanor.
SECTION 16 - SEVERABILITY
If any part of the requirements of this Article is found by a court or competent jurisdiction
to be void or unenforceable, all remaining parts of this Article shall remain fully valid and
enforceable.
SECTION 17 - EFFECTIVE DATE
This article shall take effect on , adopted by the Oakland
County Board of Commissioners on .
Word\Bodyart\Article May.doc (Revision 05/01/2000)
12
Resolution #00132 May 18, 2000
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
Resolution #00132 June 15, 2000
The Chairperson referred the resolution to the Personnel Committee and
the Finance Committee. There were no objections.
I 1
, 1
FISCAL NOTE (M.R. #00132) July 20, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF HUMAN SERVICES/HEALTH DIVISION ADOPTION OF ARTICLE VII,
BODY ART ESTABLISHMENTS AND PRACTITIONERS, OF THE OAKLAND COUNTY SANITARY CODE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1. The increased interest in piercing body parts for the purpose of
wearing jewelry, tattooing, and other practices, and the lack of
proper hygiene, improper sanitation, or the absence of universal
precautions has resulted in incidences of, or the transmission of
various communicable diseases, illnesses, or injuries.
2. The implementation of a training and testing program for body art
practitioners is key to a successful implementation of the
contemplated ordinance.
3. The Oakland County Health Division has studied the current
conditions under which tattooing and other body art is performed
in Oakland County and has undertaken a review of all available
information regarding the best practices in the regulation of
establishments providing body art services.
4. In accordance with Public Health Code (Public Act 368 of 1978) the
Health Division has held a public hearing and considered the
comments of the public in the formulation of the proposed Article
VII.
5. It is necessary to establish certain fees to help support the
activities to be performed under Article VII.
6. It is necessary to create one (1) General Fund/General Purpose
Part-Time Non-Eligible (1000 hour) Senior Sanitarian position to
support this program.
7. Annual cost for this position equals $21,365; cost for the balance
of FY 2000 equals $9,756. Funding is available in the non-
departmental contingency account to cover the position cost.
8. The budget will be amended, as follows for the remainder of Fiscal
Year 2000:
Expenditures:
90-290000-25000-2564 Contingency
16-220200-67000-2001 Salaries
16-220200-67000-2075 Fringe Benefits
($9,756)
$8,885
$ 871
$ -0-
9. The FY2001 and FY2002 Budget will be amended during the budget
Process.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Friedman Appel and
Causey-Mitchell absent.
HEREISRFFID31-E THE FOREGOING R,S;,.UTION
77;0 Zirgi 7/*ap
V I II •
flo
Resolution #00132 July 20, 2000
Moved by Taub supported by Coleman the Finance, Personnel and
General Government Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Taub supported by Coleman the resolution be adopted.
Moved by Taub supported by Coleman the resolution be amended to
coincide with the recommendation in the Finance Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson,
Melton, Millard, Moffitt, Obrecht, Palmer, Schmid, Sever, Suarez, Taub, Amos,
Appel, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as
amended, was adopted.
L Brooks Patterson. County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on July 20, 2000 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 20tA dayief July, 2000.
G. William Caddell, County Clerk