Ala. Admin. Code r. 420-3-23-.13

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-23-.13 - Licenses And Permits

(1) Body art facility licenses required -

(a) No person shall operate a body art facility until obtaining a license from the Department. Any person desiring to operate a body art facility shall make written application for a license on forms provided by the Department. Such application shall include the name and address of each applicant, the physical location of the proposed body art facility, the type of all body art procedures proposed to be conducted at the facility, and the signature of each applicant. The license shall be issued on forms provided by the Department.

(b) If the Department determines that the application is complete and the body art facility proposed or operated by the applicant meets the requirements of these rules, the Department shall issue a license to the applicant for the operation of that body art facility.

(c) Licenses shall automatically expire on the date upon which state, county, and municipal annual privilege licenses expire or on a date designated by the local county health department and shall be renewable annually upon written application from the operator not less than thirty (30) days prior to expiration.

(d) The body art facility applicant shall pay a fee as set by law for each body art facility license, which is:

1. $250.00 for the initial annual license.

2. $200.00 for a one-year renewal of an annual license.

3. $50.00 for a temporary license.

(e) Body art facility license fees are not prorated.

(f) A license for a body art facility shall not be transferable from one place or person to another.

(g) A current body art facility license shall be displayed in a conspicuous place within the customer service area of the body art facility where it may be readily observed by clients upon entering the facility.

(2) Operator permits required -

(a) The holder of a body art facility license shall hire, employ, or use operators or technicians who have complied with the operator permit requirements of these rules.

(b) No person shall practice body art procedures without first obtaining an operator permit from the Department.

(c) The operator permit shall be valid from the date of issuance and shall automatically expire at the end of the facility license year unless revoked sooner by the Department in accordance with these rules. Application for operator permits shall include:

1. Name;

2. Date of birth;

3. Sex;

4. Residence address;

5. Mailing address;

6. Phone number;

7. Place(s) of employment as an operator;

8. Years experience;

9. Social security number. Provided that, refusal by the employee to give the social security number will not result in denial of any right, privilege or benefit;

10. Proof of attendance within the 36 months prior to making application at a bloodborne pathogen training program (or equivalent), given or approved by the Department, to include demonstration of knowledge of the following subjects:

(i) Anatomy;

(ii) Skin diseases, disorders, and conditions (for example, diabetes) which may affect the skin;

(iii) Infection control procedures including waste disposal, hand washing techniques, sterilization equipment operation and methods, and sanitization/disinfection/sterilization methods and techniques;

(iv) Facility safety and sanitation.

(d) Knowledge of the subjects in section 420-3-23-.13(2)(c)10 must be demonstrated through submission of documentation of attendance or completion of courses approved or given by the Department prior to issuance of the operator's permit. Examples of courses approved by the Department would include such courses as Prevention of Disease Transmission and Bloodborne Pathogen Training.

(e) No operator permit shall be issued unless, following reasonable investigation by the Department, the body art operator has demonstrated compliance with the provisions of this section and all other provisions of these rules.

(f) All operator permits shall be conditioned upon continued compliance with the provisions of this section as well as all applicable provisions of these rules.

(g) All operator permits shall be posted in a conspicuous place within the customer service area where they may be readily observed by clients upon entering the body art facility.

Authors: Ronald Dawsey, Charlotte Denton, Timothy Hatch

Ala. Admin. Code r. 420-3-23-.13

New Rule: Filed March 15, 2001; effective April 19, 2001; operative May 4, 2001. Repealed and New Rule: Filed December 20, 2006; effective January 24, 2007.

Statutory Authority:Code of Ala. 1975, § 22-17A-7.