216 R.I. Code R. 216-RICR-40-10-15.5

Current through December 26, 2024

Section 216-RICR-40-10-15.5 - Registration Requirements for Tattoo Parlors/Shops

15.5.1Registration Requirements

A. No person, acting severally or jointly with any other person, shall conduct, maintain, or operate a tattoo parlor/shop in the state without a registration issued by the registration agency.

B. No person, firm, partnership or corporation shall describe its services in any manner under the title "Tattoo" unless such services as defined in this Part are performed in a parlor/shop that is registered with the registration agency in accordance with the provisions of this Part.

15.5.2Application for Registration and Fee

A. Application for a registration to conduct, maintain, or operate a tattoo parlor/shop shall be made in writing on forms provided by the Division and shall be submitted at least ninety (90) days prior to the opening of the tattoo parlor/shop.

B. The application for registration shall include:

1. The address of the place of business;

2. The address of the owner and/or manager;

3. The name of the manager who shall be registered with the registration agency;

4. Written documentation that the owner and/or manager is at least eighteen (18) years of age;

5. Criminal convictions of the corporation, owner and/or manager, if any, except minor traffic violations;

6. A list of all owners and partners;

7. A list of owners holding fifty percent (50%) or more stock;

8. The fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

9. A list of all equipment;

10. A floor plan of the tattoo parlor/shop;

11. Appropriate certificates of compliance with all applicable local and state codes;

12. Written operating policies and procedures pertaining to such matters as hours of business operation, nature of services, sanitation, and safety procedures established for the protection of patrons and employees.

15.5.3Issuance and Renewal of Registration and Fee

A. Upon approval, the Division shall issue a registration. Said registration, unless sooner suspended or revoked, shall expire by limitation on March 31st following its issuance and may be renewed from year to year after inspection and/or approval by the registration agency, provided the applicant meets the appropriate statutory and regulatory requirements herein.

B. A registration shall be issued only to a specific applicant for a specific location, and shall not be transferable.

C. The annual registration renewal fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2) shall accompany the application for the annual license renewal.

D. Any registrant who allows the registration to lapse may have the same reinstated by submitting an application, the accompanying documents, the fee as required in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) and other such documentation as deemed appropriate.

15.5.4Change of Ownership, Operation and/or Location

A. When a change of ownership, operation, location, or discontinuation of business of a tattoo parlor/shop is contemplated, the owner and/or manager shall notify the registration agency in writing prior to the proposed action.

B. When there is a change in ownership, or in the operation or control of a registered tattoo parlor/shop, the registration shall immediately become void and shall be returned to the registration agency. However, the registration agency reserves the right to extend the expiration date of such registration, allowing the facility to operate under the same conditions which applied to the prior registrant for such time as shall be required for the processing of a new application, but not to exceed thirty (30) days.

15.5.5Inspections

A. Duly authorized representatives of the registration agency shall, at all reasonable times, have the authority to enter upon any and all parts of the premises on which any tattoo parlor/shop is located (and of the premises appurtenant thereto) to make any investigation or inspection to determine conformity with the statutory and regulatory provisions of this Part.

B. Refusal to permit inspection or investigation shall constitute valid grounds for registration denial or revocation.

C. Applicants who have not satisfactorily met the requirements of this Part related to the inspection described in §15.5.5 of this Part will be given one (1) additional facility inspection. Failure to meet all requirements will result in denial of registration.

1. Applicants wishing to reapply for registration may do so after a one (1) year waiting period.

15.5.6General Operational Requirements

A. Personnel

1. Each facility shall submit to the registration agency the name of the owner and/or manager who shall be responsible for:

a. The management and control of the operation and the maintenance of the facility;

b. The facility's conformity with state and local laws and regulations pertaining to fire, safety, building sanitation, personnel and other relevant statutory and regulatory provisions; and,

c. The establishment of policies and procedures, including but not limited to, the practice of tattooing, sanitation protocols, infection control, the nature of services provided and other such policies and procedures as may be required.

2. Persons engaged in the practice of tattooing shall comply with the Occupational Safety and Health Administration's (OSHA) Blood Borne Pathogen Standards, incorporated above at § 15.2(A) of this Part, in order to protect themselves (and any employees) against occupational exposure to bloodborne pathogens. Compliance shall include, but not be limited to:

a. A written exposure control plan;

b. Staff training;

c. Engineering and work practice controls;

d. Adoption of universal precautions;

e. Personal protective equipment;

f. Hepatitis B vaccinations; and,

g. A protocol for evaluation in the event that an exposure occurs.

3. Only individuals who hold current Rhode Island registration as a tattoo artist or a duly licensed physician shall practice tattooing and use the title "tattoo artist" in accordance with the regulatory provisions of this Part.

4. If the owner and/or manager of a facility is not a registered tattoo artist, a registered tattoo artist shall be designated as the agent of the manager and/or owner, responsible for the direct supervision of all personnel and services related to the practice of tattooing. The name of said designated individual shall be submitted to the registration agency.

B. Environment and Maintenance

1. Each tattoo parlor/shop shall be required to meet the following provisions:

a. The facility shall be maintained in a sanitary condition free from hazards.

b. All walls, ceilings, and floors shall be smooth and easily cleanable and have a non-absorbent surface. There shall be no carpeting in the tattooing area. Walls and ceilings are to be painted in a light color. Walls, ceilings and floors shall be kept clean and in good repair, free from dust and debris. Floors, walls or ceilings shall not be swept or cleaned while tattooing is being performed.

c. Adequate light and ventilation shall be provided.

d. Each tattoo parlor/shop shall contain a hand sink in the tattooing area for the exclusive use of the tattoo artist. The sink shall have hot and cold running water. At the sink, there shall also be available:

(1) A soap dispenser;

(2) Disposable towels; and

(3) Refuse containers.

(4) In facilities in which there are multiple tattooing workstations, there shall be a minimum of one (1) sink per every two (2) workstations. Each sink shall meet the requirements of §15.5.6(B)(1)(d) of this Part.

e. Toilets and hand-washing facilities shall conform with the Rhode Island State Building Code, R.I. Gen. Laws Chapter 23-27.3.

f. All work surfaces shall be smooth, non-porous and easily cleanable.

g. The facility shall be arranged so that work areas are separated from waiting customers by providing a separate room for tattooing or by providing at least ten (10) feet between work areas and partitioning the areas with panels (or other barriers) at least six (6) feet high. The panel may be constructed of solid opaque plastic or similar material.

h. Equipment and supplies shall be properly stored in designated storage cabinets.

i. No smoking, eating or drinking shall be permitted in the tattooing area.

C. Waste Disposal

1. Medical waste shall be managed in accordance with the Medical Waste Regulations (250-RICR- 140-15-1).

15.5.7Retention of Records

A. The owner of a tattooing parlor/shop shall maintain proper records for each patron. A record of each patron shall include:

1. The date on which he/she was tattooed;

2. His/her name, address, telephone number and age;

a. Photo identification as proof of age (e.g., driver's license, military identification), a copy of which shall be maintained for each patron;

3. The location and design of the tattoo; and,

4. The name of the tattoo artist.

B. These records shall be permanently entered in a book with pre-numbered pages, kept solely for this purpose. Records that cannot be physically stored in this pre-numbered book (e.g., copies of proof of age as required in §15.5.7(A)(2)(a) of this Part) may be stored elsewhere in the facility. These records shall be available for inspection by the registration agency. These records shall be maintained for a minimum of five (5) years after the date on which the patron was tattooed.

216 R.I. Code R. 216-RICR-40-10-15.5