N.J. Admin. Code § 8:27-9.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:27-9.3 - Client records

(a) Operators shall retain client records for a minimum of three years and make them available to a health authority upon request.

(b) Subject to (d) below, an operator shall require a person applying for ear-piercing procedures to complete an application that requires:

1. The applicant to submit the following information on the application:

i. The applicant's name, date of birth, and address and, if the applicant is executing the application as the parent or guardian of a minor, the name, date of birth, and address of the minor;

ii. The telephone number and name of the applicant's emergency contact;

iii. Whether the applicant is on blood-thinning medication, or has hemophilia, diabetes, allergies, and/or ear cysts; and

iv. The application date and, if different, the date of the procedure;

2. The practitioner to submit the following information on the application:

i. The name of the practitioner who is to perform, and does perform, the procedure(s); and

ii. The location on the ear where the procedure is to be performed; and

3. Subject to (d) below, the practitioner to obtain from the applicant, personally examine, make a photocopy of, and affix the copy to the application, an original government-issued photographic identification of the applicant.

(c) An operator shall ensure that the practitioner who is to perform an ear-piercing procedure:

1. Explains, in spoken words, the risks associated with the procedure and the after-care instruction; and

2. Obtains the applicant's written informed consent on the application form.

(d) The application form shall provide:

1. A written statement of the risks associated with the procedure;

2. A space at which an applicant is to sign;

3. A statement that the applicant's signature indicates that:

i. The applicant's responses to the application questions, including the applicant's disclosure of health conditions, are truthful;

ii. The applicant understands that the applicant's use of blood-thinning medication and/or having medical conditions, such as diabetes, allergies, hemophilia, and/or cysts, increase the risks associated with the procedure and that, if the client uses blood-thinning medication or has any of these medical conditions, the client must consult a health care provider and submit the provider's authorization and clearance before the establishment can proceed with the ear piercing;

iii. The applicant understands and accepts the risks associated with the procedure;

iv. The applicant consents to the performance of the procedure;

v. The government-issued identification that the applicant provides (pursuant to (d) below) is the applicant's authentic identification; and

vi. The applicant acknowledges receipt of written and spoken after-care instruction from the practitioner and agrees to adhere to that instruction.

(e) An operator shall not permit the performance of ear piercing on a minor without the written consent and physical presence of the minor's parent or legal guardian at the time of the ear piercing, and shall ensure that:

1. The parent or legal guardian executes the application as the applicant's parent or legal guardian pursuant to (b) and (c) above;

2. The practitioner who is to perform the procedure personally examines, and makes photocopies, which are to be affixed to the application, of government-issued identification of the minor, and government-issued photographic identification of the parent or legal guardian, which collectively show the age of both, and the relationship between, the minor and the parent or guardian; and

3. If the address the applicant provides pursuant to (b)1i above is not the same for both the minor and the parent or guardian, then the practitioner shall require the applicant to provide a copy of a court order or other government-issued documentation showing that the parent or guardian has custody of the minor, a copy of which the practitioner shall affix to the application.

i. Neither the practitioner nor the application form shall inform the applicant of this requirement in advance of an applicant's execution and submission of an application.

ii. If an applicant is unable to provide documentation showing custody of the minor and the procedure is not performed, the applicant shall retain the application on file for at least 180 days, and shall cross-check any new applications against the retained applications during that period.

N.J. Admin. Code § 8:27-9.3

Amended by 54 N.J.R. 1392(a), effective 7/18/2022