16 Del. Admin. Code § 4451-6.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4451-6.0 - Notification and Records Requirements

6.1 Public Notification Requirements

6.1.1 Verbal and written public educational information, approved by the Division, shall be required to be given to all clients wanting to receive body art procedure(s). Verbal and written instructions, approved by the Division, for the aftercare of the body art procedure site shall be provided to each client by the operator/technician upon completion of the procedure. The written instructions shall advise the client to consult the operator/technician at the first sign of infection or swelling and contain the name, address and phone number of the establishment. These documents shall be signed and dated by the applicant. The establishment shall retain the original signed and dated documents along with all other required records.

6.1.2 The establishment shall prominently display a Disclosure Statement, provided by the Division, which advises the public of the risks and possible consequences of body art services.

6.1.3 The establishment's permit holder shall post in public view the name, address and phone number of the Division, and the procedure for filing a complaint.

6.2 Client Records

6.2.1 In order for the operator/technician to properly evaluate the client's medical condition for receiving a body art procedure and not violate the client's rights or confidential medical information, the operator/technician shall obtain the following information from the client:

"In order for proper healing of your body art procedure, we ask that you disclose if you have or have had any of the following conditions:

(a) Diabetes;

(b) History of hemophilia (bleeding);

(c) History of skin diseases, skin lesions or skin sensitivities to soaps, disinfectants;

(d) History of allergies or adverse reactions to pigments, dyes or other skin sensitivities;

(e) History of epilepsy, seizures, fainting or narcolepsy;

(f) Taking medications such as anticoagulants which thin the blood and/or interferes with blood clotting."

6.2.2 The operator/technician shall require the client to sign a Release Form confirming that the above information was obtained or attempted to be obtained. The client should be asked to disclose any other information that would aid the operator/technician in the client's body art healing process evaluation.

6.2.3 Each body art establishment shall keep records of all body art procedures administered including date, identification and location of the body art procedure(s) performed, and operator's/technician's name. All client records shall be confidential and be retained for a minimum of three (3) years from the date of service and made available to the Division upon request.

6.2.4 Nothing in this section shall be construed to require the operator/technician of a body art establishment to perform a body art procedure upon a client.

6.3 Records Retention

6.3.1 The body art establishment shall keep a record of all persons who have had body art procedures performed. The record shall include the name, date of birth, and address of the client, the date of the procedure, name of operator/technician who performed the procedure(s), type and location of procedure performed, signature of client and if the client is a minor, proof of parental or guardian presence and consent, i.e. signature. Such records shall be retained for a minimum of three (3) years from the date of service and available to the Division upon request. The Division and the body art establishment shall keep such records confidential.

16 Del. Admin. Code § 4451-6.0