The following words and terms, when used in this Chapter,
shall have the following meaning unless the context clearly indicates
otherwise:
"Aftercare" means written instructions given to
the client, specific to the body piercing or tattooing procedure(s) rendered,
on caring for the body piercing or tattoo and surrounding area.
"Antiseptic" means an agent that destroys
disease-causing microorganisms on human skin or mucosa.
"Apprentice"means any
person who is training under the supervision of a licensed tattoo artist. That
person cannot independently perform the work of tattooing. Apprentice also
means any person who is training under the supervision of a licensed body
piercing artist. That person cannot independently perform the work of body
piercing [21:842.1(D)(6) ].
"Apprentice program" means an approved body
piercing or tattooing training program conducted by an approved sponsor.
"Apprentice sponsor" means an individual
approved by the Department to sponsor a body piercing or tattooing apprentice
program.
"Artist" means the person who actually
performs the body piercing or tattooing procedure
[21:842.1(D)(5)].
"Aseptic technique" means a hygienic practice
which prevents and hinders the direct transfer of microorganisms, regardless of
pathogenicity, from one person or place to another person or place.
"Autoclave" means a piece of medical equipment
that employs the steam under pressure method of sterilization.
"Bloodborne pathogen certification" means a
training program that shall contain a general explanation of epidemiology and
symptoms of bloodborne diseases.
"Body piercing" means a procedure in
which an opening is created in a human body solely for the purpose of inserting
jewelry or other decoration; provided, however, the term does not include ear
piercing 21:842.1(D)(1).
"Body piercing operator"
means any person who owns, controls, operates, conducts, or manages any
permanent body piercing establishment, whether actually performing the work of
body piercing or not [21:842.1(C)(3)].
"Church"
means an
establishment, other than a private dwelling, where religious services are
usually conducted [21:842.3(C)(3)(b)].
"Client" means a person requesting the
application of a body piercing or tattoo.
"Contaminated waste" means 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 and
other potentially infectious materials, as defined in 29 Code of Federal
Regulations Part 1910.1030, known as "Occupational Exposure to Bloodborne
Pathogens".
"CPR Certification" means Cardiopulmonary
Resuscitation and shall include instruction for the basic adult CPR
training.
"Department" means the Oklahoma State Department
of Health.
"Disinfection" means the destruction of
disease-causing microorganisms on inanimate objects or surfaces, thereby
rendering these objects safe for use or handling; a process of reducing the
number of microorganisms on cleaned procedure surfaces and equipment to a safe
level with germicidal solution as has been approved by the Department.
"Ear piercing" means puncturing the lobe of the
ear not to include cartilage.
"Ear piercing gun" means a device that pierces
an individual's ear lobe using a single-use stud and clasp ear piercing
system.
"Equipment" means all machinery, including
fixtures, containers, vessels, tools, devices, implements, furniture, display
and storage areas, sinks and all other apparatus and appurtenances used in
connection with body piercing and tattooing procedures.
"First aid certification" means a training
program that includes instruction in injury and acute illness.
"Germicidal solution" means a cleansing agent
that kills disease-causing microorganisms on hard surfaces and is a
disinfectant or sanitizer registered with the Environmental Protection
Agency.
"Germicidal soap" means an agent designed for
use on the skin that kills disease-causing microorganisms.
"Handwashing facility" means a sink equipped
with hot and cold or tempered running water under pressure, used for washing
hands, arms or other portions of the body.
"Hot water" means water that attains at least
100°F.
"Integrator strips" means strips or devices used
in pouches or autoclave chambers that prove the condition of sterilization has
been met.
"Jewelry" means any personal ornament inserted
into a newly pierced area.
"License" means written approval by the
Department for an artist to perform body piercing or tattooing or written
approval by the Department to operate a body piercing or tattoo establishment.
"Operator" means:
(A) body piercing operator, which is any person who
owns, controls, operates, conducts, or manages any permanent body piercing
establishment, whether actually performing the work of body piercing or not. A
mobile unit, including, but not limited to, a mobile home, recreational
vehicle, or any other nonpermanent facility, shall not be used as a permanent
body piercing establishment [21 O.S. § 84201(D)(3)]; or
(B) tattoo operator, which isany person who owns,
controls, operates, conducts, or manages any permanent tattooing establishment
whether performing the work of tattooing or not, or a temporary location that
is a fixed location at which an individual tattoo operator performs tattooing
for a specified period of not more than seven (7) days in conjunction with a
single event or celebration, where the primary function of the event or
celebration is tattooing [21 O.S. § 84201(D)(4)].
"Procedure surface" means any part of furniture
or fixtures designed to contact the client's body during a body piercing or
tattooing procedure or any surface where instruments and equipment have come
into contact with the client during the procedure.
"Regulatory authority" means a representative,
such as an onsite inspector, of the Department.
"Sharps" means any object (sterile or
contaminated) that may purposefully or accidentally cut or penetrate the skin
or mucosa including, but not limited to, pre-sterilized single use piercing or
tattooing needles and razor blades.
"Sharps container" means a puncture-resistant,
leak-proof container that is labeled or color coded that can be closed for
disposal.
"Single use" means products or items that are
intended for one-time, one-person use and are disposed of after use on each
client including, but not limited to, cotton swabs or balls, tissues or paper
products, paper or plastic cups, gauze and sanitary coverings, razors, piercing
and tattooing needles and protective gloves.
"Skills challenge" means a testing mechanism
that enables persons who have received training in tattooing and have
experience in performing tattooing procedures to challenge the training
requirements by satisfactorily completing the written examination.
"Spore test" means a biological monitoring
process in which a third party laboratory culturing service is engaged to
monitor spore growth on media processed in an autoclave.
"Statim autoclave" means a brand of autoclave
utilizing the steam flush pressure pulse method of sterilization.
"Sterilization" means a process resulting in the
destruction of all forms of microbial life, including highly resistant
bacterial spores.
"Student" means an individual approved for the
curriculum portion of the training program and cannot perform tattoo or body
piercing procedures on a human.
"Tattooing"
means the
practice of producing an indelible mark or figure on the human body by scarring
or inserting a pigment under the skin using needles, scalpels, or other related
equipment; provided that medical micropigmentation, performed pursuant to the
provisions of the Oklahoma Medical Micropigmentation Regulation Act, shall not
be construed to be tattooing [21:842.1(C)(2)].
"Temporary artist license" means a person that
is not licensed through the State of Oklahoma that is a body piercing artist or
tattoo artist doing temporary work at a licensed body piercing or tattoo
establishment not to exceed 30 days.
"Ultrasonic cleaning unit" means a piece of
medical equipment utilizing ultrasound energy to thoroughly clean instruments
for body piercing or tattooing.
"Universal precautions" means an approach to
infection control that treats all human blood and certain human body fluids as
if known to be infectious for Human Immunodeficiency Virus (HIV), Hepatitis B
Virus (HBV), Hepatitis C Virus (HCV), and other bloodborne
pathogens.