The purpose of this rule development is to incorporate standards to fulfill the intent of Section 381.0075, F.S., and to remove standards that were time-limited. The incorporated language will maintain consistency with statutory language, provide ...

DEPARTMENT OF HEALTH
Division of Environmental Health

Rule No.: RULE TITLE
64E-19.002: Definitions
64E-19.004: Requirements for Premises
64E-19.006: Piercing Procedures
64E-19.007: Other Operations
PURPOSE AND EFFECT: The purpose of this rule development is to incorporate standards to fulfill the intent of Section 381.0075, F.S., and to remove standards that were time-limited. The incorporated language will maintain consistency with statutory language, provide flexibility to body piercers who pierce with devices other than needles, and remove language that is now superfluous.

SUMMARY: Areas addressed encompass devices used to pierce the skin, building and equipment requirements, and training of operators and piercers.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 381.0075(10) FS.
LAW IMPLEMENTED: 381.0075(10), (11) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: July 30, 2010, 9:00 a.m. – 12:00 Noon

PLACE: Building 4042, Conference Room 301, Capital Circle Office Center, 4042 Bald Cypress Way, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least seven days before the workshop/meeting by contacting: Ed Golding, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1713. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Ed Golding, Environmental Specialist III, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1713

 

THE FULL TEXT OF THE PROPOSED RULES IS:

64E-19.002 Definitions.

(1) through (11) No change.

(12) “Instruments” – means hand pieces, needles, and other tools that may come in contact with a customer’s body or be exposed to body fluids during body-piercing procedures.

(13) through (19) No change.

(20) “Single use” – means products or items that are intended for one-time, one-person use and are disposed of after use on each customer such as, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, instruments that pierce the skin, piercing needles, scalpel blades, and protective gloves.

(21) through (22) No change.

Rulemaking Specific Authority 381.0075(10) FS. Law Implemented 381.0075(10) FS. History–New 1-24-00, Amended_________.

 

64E-19.004 Requirements for Premises.

(1) through (14) No change.

(15) Body-piercing salons not in full compliance with the building and equipment requirements of this section on the effective date of this chapter, shall have six months from the effective date of this chapter to comply with these requirements; provided that no complaints of injury validated by the department are reported to the department during that time period; further provided that no uncorrected sanitary nuisances, as defined by Chapter 386, F.S., occur at the salon during that time period. This subsection does not apply to temporary establishments.

Rulemaking Specific Authority 381.0075(10) FS. Law Implemented 381.0075(10), (11) FS. History–New 1-24-00, Amended_________.

 

64E-19.006 Piercing Procedures.

(1) through (3) No change.

(4) Only jewelry and instruments single use needles that are sterilized and free of nicks, scratches, or irregular surfaces, and prepackaged single use sterile gauze or cotton swabs shall be used in piercing procedures. Jewelry must meet the requirements of subparagraph 381.0075(11)(a)5., F.S.

(5) through (8) No change.

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

 

64E-19.007 Other Operations.

(1) through (5) No change.

(6) Training.

(a) through (c) No change.

(d) Operators and piercers must complete the required training prior to assuming responsibilities in a salon. according to the following time frames:

1. Operators hired on or after the effective date of this chapter must complete the required training prior to assuming responsibilities in a salon.

2. Operators and piercers hired before the effective date of this chapter must complete the required training prior to a salon being licensed.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ed Golding, Environmental Specialist III, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, Florida 32399-1713

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D., M.P.H., State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 24, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 30, 2010