64E-19.007. Other Operations

(1) Informed Consent. Verbal and written educational information, approved by county health departments, shall be given to customers wanting to receive body-piercing procedures before the procedures begin. The information shall provide, at a minimum, a brief description of the piercing procedure, any precautions to be taken by the customer before the piercing, a description of the risks and possible consequences of body piercing services, instructions for care and restrictions following a piercing procedure, and restrictions against the piercing of minors prescribed by this chapter and Section 381.0075, F.S. Prior to the piercing, customers shall sign and date a statement indicating they received and discussed the information with the operator or piercer. Operators and piercers shall sign and date the statement as well, and retain the original with all other required records. A copy of the statement shall be provided to the customer upon request of the customer. The operator shall also post in public view the name, address and phone number of the county health department having jurisdiction over the facility and the procedure for filing a complaint.

(2) Reporting Complaints of Injuries. As specified in Section 381.0075(11)(a)8., F.S., any injury or complaint of injury, suspected infections that required treatment by a licensed practitioner, or any notifiable diseases resulting from the body-piercing procedure that become known to the operator shall be reported to the local county health department by the operator within 72 hours of the operator becoming aware of the complaint or condition. The report shall be submitted on DH Form 4122, 9/02, Body Piercing Salon Injury Report.

(3) Customer Records. Records must be maintained in accordance with Section 381.0075(11)(a)7., F.S., and shall include the following:

(a) The customer’s address and telephone number;

(b) Their date of birth, race and sex;

(c) Their physician’s name, address and telephone number;

(d) The name, telephone number and address of an emergency contact person for the customer;

(e) A list of allergies, including allergies to medicines or topical solutions used by the establishment;

(f) History of bleeding disorders;

(g) The date of the customer’s initial visit and any subsequent visits;

(h) The body part or location that was pierced;

(i) A description of the jewelry used in the piercing;

(j) A description of any complications that occurred at the time of the piercing procedure;

(k) Copies of the signed statement for receipt of educational information required in subsection 64E-19.007(1), F.A.C., of this chapter;

(l) Copies of the written notarized parental consent statements required by Section 381.0075(7), F.S., for minors. The statements must describe the type of piercings that will be performed on the minor.

(m) The signature and printed name of the persons performing the piercings at each visit.

(4) Other Facility Records. The following records must also be maintained by the body-piercing salon.

(a) Autoclave maintenance records and spore test results required in subsections 64E-19.005(4), (5), F.A.C., of this chapter;

(b) A copy of this chapter and Section 381.0075, F.S.;

(c) Records on operators and all persons performing body-piercing services in the salon. Such records shall include their full names, dates of birth, sex, home addresses and telephone numbers, their dates of hire, and their duties and responsibilities. Such records shall be maintained for at least 2 years after a person’s employment ends;

(d) Documentation of training required by this chapter and Section 381.0075(11)(b)6., F.S., for operators and piercers.

(e) A complete description of all body piercing procedures provided;

(5) Records required by this section shall be maintained at each salon for the current licensing period. Records may be stored elsewhere after that time frame, but they must be stored in accordance with this chapter and be made available for review by the department upon request of the department.

(6) Training.

(a) Operators and piercers shall complete formal training that meets the requirements of subsection 64E-19.002(7), F.A.C., of this chapter. When formal training courses are not available within a one hundred-mile radius of the body-piercing salon where the piercer is employed, piercers may substitute the successful completion of a correspondence course. Correspondence courses must meet the same subject matter requirements as formal training in order to qualify as acceptable substitutes for formal training.

(b) The training required initially for each operator and piercer shall include all of the subjects listed in subsection 64E-19.002(7), F.A.C. Operators and piercers shall receive training annually thereafter in any one subject or combination of subjects listed in subsection 64E-19.002(7), F.A.C.

(c) Each formal training course shall include written material which covers the required subjects, such as a core training manual; or audio-visual presentations which cover the required subjects, such as slides or videos; and a question and answer period or format for trainees. A certificate, card, or other form of written documentation shall be provided to trainees who successfully complete the course.

(d) Operators and piercers must complete the required training prior to assuming responsibilities in a salon.

(e) Training courses required by this chapter must be presented by a person or persons who possess the knowledge, experience and credentials to teach the required subjects as cited in “Knowledge, Experience, and Credentials for Trainers per Chapter 64E-19, F.A.C.”, May 16. 2002, herein incorporated by reference and available upon request from the Bureau of Facility Programs, 4052 Bald Cypress Way, BIN A08, Tallahassee, Florida 32399-1710. Any individual or organization requesting the department to review their training courses for compliance with the requirements of this chapter shall submit copies of their training materials to the Bureau of Facility Programs, at the above address. The materials submitted must include credentials of trainers and persons compiling the training materials, a copy of the classroom or correspondence course curriculum, and copies of written materials to be received by trainees. The bureau shall review the materials and inform the applicant of its findings within 30 days from receipt of the last training materials received from the applicant. When changes are made to a training course that has been reviewed and accepted by the department, those changes shall also be submitted to the bureau for review prior to implementing the changes.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(7), (10), (11) FS. History–New 1-24-00, Amended 1-28-03, 10-27-10.