D.C. Mun. Regs. tit. 25, r. 25-G9901
As used in this chapter, the following terms and phrases shall have the meanings ascribed:
Aftercare Instructions - written instructions given to a customer, specific to the body art procedure received and caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.
Antiseptic solution - a liquid or semi- liquid substance that is approved by the U.S. Food and Drug Administration to reduce the number of microorganisms present on the skin and on mucosal surfaces.
Bloodborne pathogens - a microorganism present in human blood and other bodily fluids that can cause disease. Bloodborne pathogens include the hepatitis B virus, hepatitis C virus, and human immunodeficiency syndrome.
Board - the Department of Consumer and Regulatory Affairs (DCRA) Board of Barber and Cosmetology.
Body art establishment - any structure or venue, whether temporary or permanent, where body art procedures are performed, including training facilities.
Body art or body art procedure - the process of physically modifying the body for cosmetic or other non- medical purposes, including tattooing, body-piercing, and fixing indelible marks or figures on the skin through scarification, branding, tongue bifurcation, and tissue removal.
Body artist - an individual licensed to perform body art procedures in accordance with the Regulation of Body Artists and Body Art Establishments Act of 2012, effective October 23, 2012 (D.C. Law 19-193; D.C. Official Code § 47-2809.01 (2015 Repl.)).
Body piercing - the perforation of any human body part followed by the insertion of an object, such as jewelry, for cosmetic or other nonmedical purposes by using any of the following instruments, methods, or processes: stud and clasp, captive ball, soft tissue, cartilage, surface, surface-to-surface, microdermal implantation or dermal anchoring, subdermal implantation, and transdermal implantation. The term "body-piercing" does not include nail piercing.
Branding - the process of applying extreme heat with a pen- like instrument or other instrument to create an image or pattern.
Cleaning area - the area in a body art establishment used in the decontamination, sterilization, sanitization or other cleaning of instruments or other equipment used body art procedures.
Cleaning products - any material used to apply cleansing agents to the skin, such as cotton balls, tissue and paper products, paper or plastic cups, towels, gauze, or sanitary coverings.
Communicable disease - a disease that can be transmitted from person to person directly or indirectly, including diseases transmitted via blood or body fluids.
Condemnation order - a written administrative notice: (1) to remove any body art equipment or supplies, or (2) to cease conducting any particular procedures because the equipment or supplies are not being used or the procedures are not being conducted in accordance with the requirements of these regulations.
Contaminated - the presence or reasonably anticipated presence of blood, infectious materials or other types of impure materials that have corrupted a surface or item through contact.
Contaminated waste - any liquid or semi- liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi- liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious materials, as defined in 29 Code of Federal Regulations, Part 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens".
Customer - an individual upon whom a body art procedure is performed.
Decontamination - the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where the pathogens are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
Decontamination and sterilization area - a room, or specific section of a room, that is set apart and used only to maintain supplies, and to clean, decontaminate and sterilize jewelry and instruments.
Department - the Department of Health.
Disinfectant - an EPA registered hospital grade disinfectant which is effective against Salmonella cholerasesuis, Staphylococcus aureus and Pseudomonas aeruginosa; or to reduce or eliminate the presence of disease-causing microorganisms, including human immunodeficiency virus (HIV) and hepatitis B virus (HBV) for use in decontaminating inanimate objects and work surfaces.
Ear piercing - the creation of an opening in an individual's ear lobe with an ear piercing gun to insert jewelry or other decoration.
Ear piercing gun - a mechanical device that pierces an individual's ear using a single- use stud and clasp ear piercing system.
Exposure - an event whereby the eye, mouth or other mucous membrane, non-intact skin or parenteral contact with the blood or bodily fluids of another person, or contact of an eye, mouth or other mucous membrane, non- intact skin or parenteral contact with other potentially infectious matter.
Exposure control plan - a written action plan that specifies precautionary measures taken to manage and minimize potential exposure to bloodborne pathogens in the workplace.
FDA-Approved Instruments - sharps, such as, needles, needle bars, needle tubes, hemostats, forceps, pliers, and other items that may come in contact with a customer's body or possible exposure to bodily fluids during the body art procedures.
Germicidal soap - an agent designed for use on the skin that kills disease-causing microorganisms, including but not limited to, products containing povidone-iodine, chloroxylenol, triclosan, and chlorhexidine gluconate.
Germicidal solution - an agent that kills disease-causing microorganisms on hard surfaces; a disinfectant or sanitizer registered with the Environmental Protection Agency and/or a 1:100 dilution of 5.25% sodium hypochlorite (household chlorine bleach) and water, made fresh daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and surfaces.
Gloves - protective hand covers that reduce the risk of injury and exposure to bloodborne pathogens; those which are medical-grade latex, vinyl or hypoallergenic single-use disposable gloves and are labeled for surgical or examination purposes, for instrument cleaning shall be heavy-duty, multi-use and waterproof.
Ink cup - a small container for an individual portion of pigment that may be installed in a holder or palette and in which a small amount of pigment of a given color is placed.
Manager - a person licensed by the Department of Consumer and Regulatory Affairs to manage a body art establishment.
Medical-grade sharps container - a puncture-resistant, leak-proof, rigid container that can be closed for handling, storage, transportation and disposal and is labeled with the International Biohazard Symbol:
Minor - any person under the age of eighteen (18).
Mucosal surface - the moisture-secreting membrane lining of all body cavities or passages that communicates with the exterior, including but not limited to the nose, mouth, vagina, and urethra.
Multi-type establishment - an operation encompassing both body-piercing and tattooing in the same establishment and under the same management.
Operator - any person who owns, controls, or operates a body art establishment, whether or not the person actually performs body art procedures.
Permanent cosmetics - the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eyebrow, or lip color.
Pre-sterilized instruments - instruments that are commercially sterilized and packaged by the manufacturer and bear a legible sterilization lot number and expiration date.
Procedure or procedural area - a room or designated portion of a room that is set apart and only used to perform body art.
Procedure site - an area or location on the human body selected for the placement of body art.
Sanitary - clean and free of agents of infection or disease.
Sanitization - reduction of the population of microorganisms to safe levels, as determined by the Department of Health, by a product registered with the Environmental Protection Agency ("EPA") or by chemical germicides that are registered with the EPA as hospital disinfectants.
Sanitized - effective bactericidal treatment by a process that provides sufficient concentration of chemicals for enough time to reduce the bacteria count including pathogens to a safe level on instruments, equipment, and animate objects.
Scarification - placing of an indelible mark on the skin by the process of cutting or abrading the skin to bring about permanent scarring.
Sharps - any sterile or contaminated object that penetrates the skin or mucosa, including but not limited to pre-sterilized single needles, scalpel blades; and disposable, single- use razor blades; but not including disposable safety razors which have not broken the skin.
Single-use - products or items intended for one-time use that are disposed of after use on a customer.
Sterilization - process of destruction of all forms of microbial life, including spores by physical or chemical means.
Sterilizer - an autoclave that is designed and labeled by the manufacturer as a medical instrument sterilizer and is used for the destruction of microorganisms and their spores.
Tattoo - placing of pigment into the skin dermis for cosmetic or other nonmedical purposes, including the process of micropigmentation or cosmetic tattooing.
Tissue removal - placing an indelible mark or figure on the skin through removal of a portion of the dermis.
Tongue bifuraction - cutting of the human tongue from tip to part of the way toward the base, forking at the end into two or more parts.
Valid license or registration - a current license or registration issued by the Mayor that is not suspended, revoked, or expired.
Workstation - the area within a procedure area where body-artists perform body art procedures. The workstation includes but is not limited to the customer's chair or table, counter, mayo stand, instrument tray, storage drawer, and body artist's chair.
D.C. Mun. Regs. tit. 25, r. 25-G9901