Definitions, Licensure Requirements for a Tattoo Artist, Registration Requirements for a Guest Tattoo Artist, Licensure Requirements for a Tattoo Establishment, Operational Requirements for a Tattoo Establishment, Operational Requirements for a ...

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO.: RULE TITLE:
64E-28.002: Definitions
64E-28.003: Licensure Requirements for a Tattoo Artist
64E-28.004: Registration Requirements for a Guest Tattoo Artist
64E-28.005: Licensure Requirements for a Tattoo Establishment
64E-28.007: Operational Requirements for a Tattoo Establishment
64E-28.008: Operational Requirements for a Temporary Tattoo Establishment
64E-28.009: Standards of Practice for a Tattoo Artist or Guest Tattoo Artist

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 4, January 27, 2012 issue of the Florida Administrative Weekly.

64E-28.002 Definitions.

(1) through (10) No change.

(11) Inactive license – A tattoo establishment or artist license which has not been renewed on or before the date of expiration October 1.

(12) through (21) No change.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00789 FS. History–New _________.

 

64E-28.003 Licensure Requirements for a Tattoo Artist.

(1) An applicant seeking initial licensure as a tattoo artist shall:

(a) Submit a completed application for licensure licenser to the department on form DH 4147, 7/12 5/12, Application for Tattoo Artist License, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the internet at________or http://www.myfloridaeh.com/community/Tattoo/index.html tap://www.myfloridaeh.come/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.010, and the following documentation is attached:

1. through 2. No change.

(b) Complete a department approved course, as described in subparagraph 2., within six months of the effective date of this chapter.

(2) A tattoo artist’s license is valid, throughout the state of Florida, for one year, from the date it is issued October 1 to September 30 of the following year, throughout the state of Florida.

(3) A tattoo artist seeking licensure renewal shall:

(a) Annually, submit a completed application for license renewal on Form DH 4147 before the date of expiration October 1.

1. No change.

2. A license which has not been renewed on or before the date of expiration September 30 shall be deemed inactive. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after the date of expiration September 30.

(b) No change.

(4) No change.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00771, 381.00775, 381.00779, 381.00781 FS. History–New_________.

 

64E-28.004 Registration Requirements for a Guest Tattoo Artist.

(1) A guest tattoo artist seeking registration by the department shall:

(a) Submit, at least fourteen (14) days prior to practicing tattooing in any licensed tattoo establishment or licensed temporary tattoo establishment, a completed application for registration to the department on Form DH 4150, 7/12 5/12, Application for Guest Tattoo Artist Registration, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artists lives, or from the internet at _________or http://www.myfloridaeh.com/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.010, and the following documentation is attached:

1. through 3. No change.

(b) No change.

(2) through (4) No change.

 

64E-28.005 Licensure Requirements for a Tattoo Establishment.

(1) No change.

(a) Prior to performing tattooing, a completed application shall be submitted to the county health department on form DH 4151, 7/12 5/12, Application for Tattoo Establishment Licensure, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the establishment is physically located, or from the internet at ________or http://www.myfloridaeh.com/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.010, F.A.C.

(b) A license for a tattoo establishment is valid for one year, from the date it is issued beginning October 1 and ending September 30.

(c) A license which has not been renewed on or before the date of expiration September 30 shall be deemed inactive. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after the date of expiration September 30.

(2) through (4) No change.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00777 FS. History–New_________.

 

64E-28.007 Operational Requirements for a Tattoo Establishment.

(1) through (21) No change.

(22) A tattoo establishment shall allow the department to conduct, at minimum, annual inspections for the purpose of ensuring compliance with Sections 381.00771-381.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 7/12 5/12, Tattoo Establishment Inspection Report, herein incorporated by reference and which can be obtained at ___________ or from the environmental health section of the county health department having jurisdiction.

(23) No change.

(24)(23) Tattoo establishments, currently operating on the effective date of this chapter, which are not in full compliance with the handsink and cleaning sink requirements shall have six months from the effective date of this chapter to comply with the requirements.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New_________.

 

64E-28.008 Operational Requirements for a Temporary Tattoo Establishment.

(1) No change.

(2) A temporary establishment shall have rigid perimeter walls, a rigid floor, and a rigid ceiling. Floors in the tattooing area and the area where items are cleaned and sterilized shall be constructed of nonabsorbent, easily cleanable materials. The entire establishment shall be maintained in clean condition and good repair.

(3) No change.

(4) A temporary establishment shall allow the department to conduct, at minimum, an initial inspection prior to and, if deemed necessary, during the convention or similar event for the purpose of ensuring compliance with Sections 381.00771-381.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 7/12 5/12, Tattoo Establishment Inspection Report.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New_________.

 

64E-28.009 Standards of Practice for a Tattoo Artist or Guest Tattoo Artist.

(1) No change.

(a) through (e) No change.

(f) Date(s) tattooing procedure is performed.

(2) through (3)(a) No change.

(b) Obtain a signed and notarized consent by the minor’s parent or legal guardian on form DH 4146, 7/12 5/12, Written Notarized Consent For Tattooing of a Minor Child, Age 16 through 17 Years Old, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives or the tattoo establishment is physically located, or from the internet at __________or http://www.myfloridaeh.com/community/Tattoo/index.html.

(c) No change.

(4) through (10) No change.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New_________.

 

Forms incorporated by reference have been revised. Revisions made to forms DH 4146, DH 4147, DH, 4150, and DH 4151, include the effective date; the specific rule incorporating the form by reference; and the specific statutory authority. Forms DH 4147, DH 4150, and DH 4151 have been revised to include criminal penalties as prescribed by Section 381.00785, F.S., and current proposed rule language specific to licensure requirements.