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Body Art

Effective 10/06/2023

Rules and Regulations

Chapter 511-3-8

RULES OF THE

DEPARTMENT OF PUBLIC HEALTH

CHAPTER 511-3

ENVIRONMENTAL HEALTH HAZARDS

SUBJECT 511-3-8

BODY ART

511-3-8-.01 Authority

511-3-8-.02 Purpose

511-3-8-.03 Applicability

511-3-8-.04 Definitions

511-3-8-.05 Permits

511-3-8-.06 Employee Files

511-3-8-.07 Body Artist Certification and Decertification

511-3-8-.08 Client Files

511-3-8-.09 Minimum Design Standards

511-3-8-.10 Furnishings and Fixtures

511-3-8-.11 Supplies

511-3-8-.12 Health and Hygiene

511-3-8-.13 Instrument Cleaning and Sterilization

511-3-8-.14 Dyes and Pigments

511-3-8-.15 Tattoo Procedures

511-3-8-.16 Piercing Jewelry

511-3-8-.17 Body Piercing Procedures

511-3-8-.18 Body Art After Care

511-3-8-.19 Disinfection of Workplace

511-3-8-.20 Disposal of Biomedical Waste

511-3-8-.21 Signage

511-3-8-.22 Inspections

511-3-8-.23 Compliance and Enforcement

511-3-8-.24 Fees

511-3-8-.01 Authority

The legal authority for this Chapter is Chapter 31-40 of the Official Code of Georgia Annotated.

Authority: O.C.G.A. § 31-40-1 et seq.

511-3-8-.02 Purpose

The purpose of this Chapter is to establish reasonable standards for individuals performing body

art procedures and for the facilities in which those procedures are provided. If followed, such

standards should ensure the health and safety of all individuals performing and receiving these

services. They also provide for the permitting and regular inspection of studios wherein Body

Art activities are to be performed and contain enforcement provisions including revocation of the

certification of any person or permit of any studio deemed in violation of this Chapter.

Authority: O.C.G.A. § 31-40-1 et seq.

511-3-8-.03 Applicability

(1) These regulations do not apply to a physician or osteopath licensed under O.C.G.A. Chapter

34 of Title 43, or to a technician acting under the direct supervision of such licensed physician or

osteopath.

(2) Individuals who pierce only the lobe of the ear (and not the ear cartilage, nose or eyebrows,

etc.) with a pre-sterilized single-use stud-and clasp ear piercing system are exempt from these

regulations, provided that such ear-piercing systems conform to the manufacturer’s directions on

use and applicable FDA requirements.

(3) The Department and the applicable Health Authority retain the authority to investigate

consumer complaints and outbreaks relating to the alleged misuse or improper disinfection of

ear-piercing systems.

(4) These rules shall take effect six months after official posting by the Secretary of State.

Authority: O.C.G.A. §§ 31-40-1; 31-40-6.

511-3-8-.04 Definitions

(1) “Antimicrobial solution” means any solution capable of killing or used to retard the growth

of microorganisms approved for application to human skin, and includes all products labeled

accordingly, as approved by the FDA; when referring to antimicrobial mouthwash, only those

approved for use may be allowed in the studio, such as hydrogen peroxide, alcohol-based

solution and others commonly found in hospital or dental settings.

(2) “Antiseptic” means an agent or substance that will destroy or inhibit the growth and

development of infectious microorganisms on human skin or mucous membranes.

(3) “Aseptic technique” means to render or maintain free from infectious material so as to

prevent transfer or transmission of infectious agents.

(4) “ASTM” means the American Society for Testing Materials International.

(5) “Autoclave” means an apparatus (chamber or cassette) for sterilization of equipment utilizing

steam pressure at a specific temperature over a period of time per manufacturer’s specifications.

For the purposes of this Chapter, all chamber and cassette autoclaves shall be Class B, Class S,

or other medical grade autoclave as specified by manufacturer for sterilization of body art

equipment and jewelry.

(6) “Biomedical waste” means the following:

(a) Pathological waste, which means all recognizable human tissues which are removed during

procedures;

(b) Biological waste, which means blood and blood products, exudates, secretions, suctioning,

and other body fluids which contains free liquids and cannot be or are not directly discarded into

a municipal sewer system. The term does not include materials, such as wipes or paper towels,

containing small amounts of blood or body fluids that would not drip if the material were

compressed;

and razor blades; and

(d) Discarded equipment and parts, excluding expendable supplies and materials included in

paragraphs (a) through (c) of this subsection, which have not been decontaminated, and which

were in contact with infectious agents.

(7) “Blood” means human blood, human blood components, and products made from human

blood.

(8) “Bloodborne pathogens” means pathogenic microorganisms present in human blood that can

cause disease in humans. These pathogens include but are not limited to Hepatitis B virus

(HBV), Hepatitis C Virus (HCV), and Human Immunodeficiency virus (HIV).

(9) “Board of Health” means the local County Board of Health or Health Authority.

(10) “Body art” means a tattoo or piercing placed on the body of a person for aesthetic or

cosmetic purposes. This definition does not include practices considered medical procedures by

the Georgia Medical Composite Board, such as implants under the skin, which are prohibited

unless such medical procedures are performed by a person licensed by the Georgia Medical

Composite Board.

(11) “Body artist” means any person who performs body art. Such term shall not include a

physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the

direct supervision of such licensed physician or osteopath.

(12) “Body artist certification” means a certification issued by the Department to a specifically

identified person who is qualified to engage in the practice of body art in accordance with these

regulations and in conjunction with a permitted studio.

(13) “Body Art Advisory Committee” means a committee that may be established by the

Department to provide technical guidance on the practice of body art. If established, the

committee shall be composed of one individual from the state environmental health program, one

District Environmental Health Director, one County Environmental Health Specialist, one person

with infection control training, and two members of the body art profession with current

certification.

(14) “Body Art Studio” means any facility or building on a fixed foundation wherein a body

artist performs body art, whether or not for profit.

(15) “Body Art Studio permit” means Health Authority approval in writing authorizing the

permit holder to operate a Body Art Studio for the purpose of engaging in the practice or

business of body art procedures. Health Authority approval shall be granted solely for the

practice of body art pursuant to these regulations, and the following types of Body Art Studio

permits shall be issued: tattoo, body piercing, and microblading.

(16) “Body piercing” means puncturing or penetrating the skin or mucosa of a client for the

purpose of inserting jewelry or other adornment into the body for non-medical purposes; body

piercing includes ear piercing, except when ear piercing procedure is performed with a pre-

sterilized single-use stud and clasp ear-piercing system (Piercing Gun) conforming to the

manufacturer’s directions on use and applicable FDA requirements.

(17) “Cleaning/clean room” means the area in a Body Art Studio used in the sterilization,

sanitation or other cleaning of instruments or other equipment used for the practice of body art

and shall be separated from any other area in the studio by means of doors, nonabsorbent

curtains, or similar approved partition extending from floor to ceiling or a height of eight feet.

(18) “Client” means an individual upon whom one or more body art procedures are to be

performed.

(19) “Contaminated” means the presence or the reasonably anticipated presence of blood, other

potentially infectious materials, or potentially harmful chemicals on an item or surface.

(20) “Contaminated waste” means any liquid or semi-liquid blood or other potentially infectious

material; contaminated items that would release blood or other potentially infectious material in

a liquid or semi-liquid state if compressed; items on which there is dried blood or other

potentially infectious material, and which are capable of releasing these materials during

handling; sharps and any wastes containing blood or other potentially infectious materials.

(21) “Convention” means a large meeting of people who gather to talk about their shared work or

other interests or to make decisions as a group or to perform body art procedures, such as an

industry trade show.

(22) “Cosmetic tattoo” means a tattoo, by someone other than a licensed physician, which

includes but is not limited to microblading of the eyebrow, lips, and other parts of the body for

beauty marks, hair imitation, or areola repigmentation. This term includes any procedures

whether referred to as but not limited to, microdermapigmentation, micropigment implantation,

micro-needling with the use of pigment or any other similar procedure and for the purpose of this

Chapter has the same meaning as “tattoo.”

(23) “Critical violation” means a violation of this Chapter which poses a serious hazard to health

and safety. Critical violations shall include but not limited to the following:

(a) Autoclave does not meet minimum time, pressure, or temperature requirements, or written

standard operation procedures are not established or approved by the Health Authority;

(b) Lack of a negative spore test on a minimum frequency of every 40 hours of operation of the

autoclave but not less than on a monthly basis;

contaminated, or expiration date has been exceeded;

(d) Work area is not equipped as required or is not stocked;

(e) Reuse of single use articles;

(f) Sterile instruments are not properly handled to prevent contamination;

(g) Body artists with exposed infectious lesions on hands and arms not restricted from body art

procedures;

(h) Body artists and employees not practicing proper cleanliness and good hygienic practices;

(i) Water supply not approved, hot and cold running water under pressure not available, or

written emergency procedure for water not established before or approved for a studio operating

during an interruption of water;

(j) Cross connection allowing back-siphonage present in plumbing system;

(k) Hand washing facilities not available or accessible for body artists and employees;

(l) Toxic items not properly stored, labeled, or used;

(m) Prohibited procedures performed within the studio; and

(n) Non-certified artist performing procedures.

(24) “Decontamination” means the use of physical or chemical means to remove, inactivate, or

destroy bloodborne pathogens on a surface or item to the point where they are no longer capable

of transmitting infectious particles and the surface or item is rendered safe for handling, use, or

disposal.

(25) “Department” means the Georgia Department of Public Health or its agents.

(26) “Disinfectant” means a solution registered as a disinfectant by the U.S. Environmental

Protection Agency (EPA) and intended to destroy or inactivate specific viruses, bacteria, or fungi

on clean, inanimate surfaces. Labeling should specifically state that the product is bactericidal,

virucidal, fungicidal, and tuberculocidal.

(27) “Disinfection” means the destruction of disease-causing microorganisms on inanimate

objects or surfaces, thereby rendering these objects safe for use or handling.

(28) “Easily cleanable” means that surfaces are readily accessible and made of such materials

and finish and so fabricated to be smooth and non-absorbent such that residue may be effectively

removed by normal cleaning methods.

(29) “Ear piercing” means the puncturing of the lobe of the ear with a pre-sterilized single-use

stud-and clasp ear piercing system following manufacturer’s instructions. Under no circumstance

shall ear piercing studs and clasp be used anywhere on the body other than the lobe of the ear

unless otherwise specified by the manufacturer.

(30) “EPA” means the United States Environmental Protection Agency.

(31) “EPD” means the Georgia Department of Natural Resources, Environmental Protection

Division.

(32) “Equipment” means all machinery, including fixtures, containers, vessels, tools, devices,

implements, furniture, display and storage areas, sinks, and all other items used in connection

with the operation of a Body Art Studio.

(33) “FDA” means the United States Food and Drug Administration.

(34) “Germicidal solution” means any solution which destroys microorganisms and is so labeled.

(35) “Gloves” means medical grade disposable single use gloves labeled for surgical or

examination purposes. Vinyl gloves are not allowed to be used to perform body art procedures.

(36) “Guest body artist” means a visiting body artist, tattooist, body piercer, or microblader, not

certified by the Department possessing a guest body artist permit issued by the Health Authority

to perform body art in a permitted Body Art Studio.

(37) “Guest body artist permit” means a seven-day permit by the Health Authority which allows

a person to practice body art as a tattoo artist, body piercer, or microblader, in accordance with

this Chapter while under the direct supervision of a body artist holding a valid Body Artist

Certification in the same category.

(38) “Handwash facilities” means an installed sink/lavatory providing an adequate supply of

potable hot and cold running water under pressure, through a mixing valve or combination

faucet, used solely for washing hands, arms, or other portions of the body. The facility shall

include a soap dispenser, soap, and single use disposable towels in a covered dispenser.

(39) "Handwashing sink” means a lavatory or plumbing fixture especially placed for use in

personal hygiene and designed for the washing of the hands in the facility, including an

automatic handwashing facility.

(40) “Health Authority” means the local County Board of Health

(41) “Hot water” means water that attains and maintains a minimum temperature of 100°F.

(42) “Imminent health hazard” means any condition, deficiency, or practice which, if not

corrected, is very likely to result in disease transmission, serious injury, or loss of life to any

person. If an imminent health hazard exists because of an emergency such as a fire, flood,

interruption of electrical or water service for two or more hours, sewage malfunction, misuse of

poisonous or toxic materials, onset of an apparent bloodborne illness outbreak, serious injury,

gross unsanitary occurrence or condition, or other circumstances that may endanger public

health, then operations must be immediately discontinued, and the Health Authority must be

notified.

(43) “Instruments” means hand pieces, needles, needle bars, and other instruments that may

come in contact with a client's body or may be exposed to bodily fluids during any body art

procedure.

(44) “ISO” means the International Standards Organization.

(45) “Jewelry” means any ornament used in any body art procedure which is inserted into a

newly pierced area and meets the following minimum requirements:

(a) Steel that is ASTM F138 compliant or ISO 5832-1 compliant.

[Note: The EEC Nickel Directive is a regulation that requires a low rate of nickel release for all

materials used for costume or fine jewelry, belt buckles, watches, or other metallic accessories

with direct skin contact. It does not specify nor prove that a material is safe to wear in the body;

therefore, compliance with this directive alone is not sufficient for meeting the APP initial

jewelry standards.]

(b) Steel that is ISO 10993-6, 10993-10 and/or 10993-11 compliant.

(d) Alloyed Titanium (Ti6Al4V ELI) that is ASTM F136 compliant or ISO 5832-3 compliant.

(e) Alloyed Titanium (Ti6Al7Nb ELI) that is ASTM F1295 compliant or ISO 5832-

11 compliant.

(f) Polytetrafluoroethylene (PTFE) that is ASTM F754 compliant.

(g) Any polymer or plastic material that is ISO 10993-6, 10993-10 or 10993-11 compliant and/or

meets the United States Pharmacopeia (USP) Class VI material classification.

(h) Solid 14 karat or higher yellow, white, or rose gold that is nickel and cadmium free.

(i) Gold jewelry used for initial piercing may not be:

1. Plated, unless using materials approved by this standard over solid 14 karat or higher yellow,

white, or rose gold that is 14k or higher, or white rhodium.

2. Gold-filled

3. Gold overlay/vermeil

(j) Solid unalloyed or alloyed platinum that is cadmium, nickel, and lead free.

(k) Unalloyed Niobium (Nb) that is ASTM B392 compliant. This includes but is not limited to:

1. Commercial grade 2 Niobium

2. Commercial grade 4 Niobium that contains 1% Zirconium

(l) Glass that is lead free. This includes but is not limited to:

1. Fused quartz

2. Borosilicate

3. Soda-lime

(m) All threaded or press-fit jewelry used for initial piercing must have internal tapping (no

threads on exterior of posts and barbells).

(n) For body jewelry purposes, surfaces and ends must be smooth and free of nicks, scratches,

burrs, stamps, hallmarks, polishing compounds, and other potentially harmful residues.

(o) Metals must have a consistent mirror finish on surfaces that frequently come in contact with

tissue.

(p) All jewelry used for initial piercing on people above the age of twelve must be ASTM

F2999 compliant.

(q) All jewelry used for initial piercing on people age twelve and under must be ASTM

F2923 compliant.

(r) Copies of the jewelry manufacturer’s documentation, which verify compliance with

standards, must be available for inspection on request.

(46) “Major structural modifications” means modifications in which the resulting structure

differs significantly from what was originally approved by the Health Authority at the time of the

Health Authority’s issuance of the permit, including, but not limited to changes involving the

addition, removal, or relocation of structurally existing walls, openings, floor or counters; or

modifications to plumbing, mechanical, or electrical components other than decorative fixtures.

It does not include minor cosmetic changes such as painting, moving equipment for detailed

cleaning, detailed cleaning of physical facilities, replacing carpeting in the lobby area, or

repairing damage to walls, floors, and ceilings.

(47) “Microblading of the eyebrow” means a form of cosmetic tattoo artistry where ink is

deposited superficially in the upper three layers of the epidermis using a handheld or machine

powered tool made up of needles known as a microblade to improve or create eyebrow

definition, to cover gaps of lost or missing hair, to extend the natural eyebrow pattern, or to

create a full construction if the eyebrows have little to no hair.

(48) “Minor” means an individual under the age of eighteen.

(49) “NSF” means the National Sanitation Foundation.

(50) “Occupational exposure” means reasonably anticipated skin, eye, mucous membrane, or

parenteral contact with blood or other potentially infectious materials that may result from the

performance of a body artist’s or employee's duties.

(51) “OSHA” means the Occupational Safety and Health Administration.

(52) “Other potentially infectious material” means the following human body fluids: semen,

vaginal secretions, saliva, and any other body fluid visibly contaminated with blood.

(53) “Permit” means Health Authority approval in writing authorizing the permit holder to

operate a Body Art Studio for the purpose of engaging in the practice or business of body art

procedures.

(54) “Permit holder” means the partnership, corporation, association, or the person or group of

persons who maintain and control the Body Art Studio and personnel, and who are legally

responsible for the operation of the studio.

(55) “Person” means an individual, any form of business or social organization or any other non-

governmental legal entity, including but not limited to corporations, partnerships, limited-

liability companies, associations, trusts, or unincorporated organizations.

(56) “Personal protective equipment” means specialized clothing or equipment, such as gloves or

lap cloth, worn by a body artist or employee for protection against a hazard. General work

clothes not intended to function as protection against a hazard are not considered to be personal

protective equipment.

(57) “Physician” or “osteopath” means an individual licensed to practice medicine in Georgia

pursuant to OCGA Chapter 34 Title 43.

(58) “Pierce” or “piercing” means body piercing.

(59) “Potable water” means water that is from an approved water system meeting Georgia Safe

Drinking Water Standards

(60) “Proof of age” means any government issued State Driver's License, Military ID, Passport

or US Passport Card, or State-Issued ID Card that describes the individual as eighteen years of

age or older as applicable, contains a photograph and appears to be valid.

(61) “Safe materials” means articles manufactured for the specific purpose of body art

procedures which are unlikely to cause injury or disease under proper use and care.

(62) “Sanitary” means clean and free of agents of infection or disease.

(63) “Sanitized” means the application of an EPA registered sanitizer on a cleaned surface by a

process that provides sufficient concentration of chemicals for enough time to reduce the

microorganism level, including pathogens, to a safe level on instruments and equipment in

accordance with the label instructions.

(64) “Sewage” means human excreta, all water-carried waste, and liquid wastes from residences,

buildings, commercial or industrial establishments.

(65) “Sharps” means any object, sterile or contaminated, that may intentionally or accidentally

cut or penetrate the skin or mucosa.

(66) “Sharps container” means a puncture-resistant, leak-proof container that can be closed for

handling, storage, transportation, and disposal that is labeled with the International Biohazard

Symbol and specifically made for the disposal of sharps.

(67) “Single-use” or “single-service” means disposable products or items that are intended for

one-time, one-person use and are properly disposed of by appropriate measures after use on each

client. Single-use items include but are not limited to cotton swabs or balls, single-use

instruments, tissues or paper products, paper or plastic cups, gauze and sanitary coverings,

razors, piercing needles, stencils, ink cups, and protective gloves.

(68) “Solid waste” means refuse, garbage, trash, rubbish, and any other item which could cause

an unsanitary condition or undesirable health and safety conditions.

(69) “Spore” means a dormant, non-reproductive body able to survive adverse environmental

conditions including high temperatures, dryness, and lack of nourishment for long periods of

time. Under the proper conditions, the spore may revert to an actively multiplying form of the

bacteria, fungi, or protozoa.

(70) “Spore test” means a biological monitoring process in which resistant spore growth on test

media is processed in a studio’s autoclave to verify that it is functioning properly. A third-party

culturing service must be engaged for this process to provide documentation serving as a tangible

record and legal document verifying the autoclave’s ability to achieve proper sterilization.

(71) “Sterilization” or “sterilize” means the use of a physical or chemical procedure by which all

forms of microbial life, including bacteria, viruses, spores, and fungi are destroyed including

highly resistant bacterial endospores. This is achieved by holding in a commercial, Class B,

Class S, or other medical grade autoclave according to manufacturer’s instructions as approved

by the Health Authority.

(72) “Sterilization indicator” means a tape, strip, bag, or other device designed to change color to

indicate that sterilization temperature has been achieved during the sterilization procedure.

(73) “Sterilizer” means an autoclave certified to meet generally accepted medical standards. See

Autoclave.

(74) “Tattoo” means to mark or color the skin of any person by pricking in, inserting, or

implanting indelible pigments or dyes under the skin, including without limitation cosmetic

tattooing and microblading of the eyebrow.

(75) “Temporary Body Art Studio” means any location, place, facility, or business for which a

permit has been granted to practice body art by the Health Authority for no more than a period of

seven consecutive days in connection with conventions or industry trade shows.

(76) “Temporary Body Artist” means any person not certified by the Department, who performs

body art in a temporary Body Art Studio who is responsible for complying with applicable

provisions of these regulations. The permit to practice body art by the Health Authority is

granted for no more than a period of seven consecutive days only for the purpose of product

demonstration in connection with conventions or industry trade shows.

(77) “Temporary Body Artist Permit” means the issuance of a seven-day permit by the Health

Authority which allows a person to practice body art as a tattoo artist, body piercer, or

microblader, in accordance with this Chapter for the purpose of product demonstration in

connection with conventions or industry trade shows.

(78) “Ultrasonic cleaning unit” means a device approved by the Health Authority with a lid,

physically large enough to fully submerge instruments in liquid, which removes foreign matter

from the instruments by means of high energy and high frequency oscillations transmitted

through the contained liquid.

(79) “Universal precautions”, also known as “standard precautions”, means treating all blood and

body fluids as if they contain bloodborne pathogens and taking proper precautions to prevent the

spread of any bloodborne pathogens.

(80) “Waste” means solid waste, sewage, blood and body fluids or other waste resulting from the

operation of a Body Art Studio.

(81) “Work area” or “workstation” means an area where clients receive body art from an

individual body artist.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.05 Permits

(1) Body Art Studio permits.

(a) No person shall operate a Body Art Studio without first obtaining a Body Art Studio permit

in accordance with the timeframes specified in these rules. Upon the effective date of this

Chapter, as stated in Section 511-3-8-.03(4), existing Body Art Studios shall have one year to

obtain and display a valid Department of Public Health Body Art Studio permit issued by the

Health Authority. This deadline may be extended for all applicants upon public notice by the

Department on its website.

(b) Permits shall be issued by the Health Authority on forms prescribed by the Department and

shall designate one or more specialties which may be practiced in the studio: tattooing, piercing,

or microblading. The Health Authority may authorize an electronic signature method for signing

prescribed forms.

shall not be transferable from one place to another, or from one person to another.

(d) An applicant for a Body Art Studio permit shall provide written evidence of satisfactory

compliance with the provisions of this Chapter and any other applicable laws and regulations.

The permit holder shall be responsible for maintaining compliance with the requirements of this

Chapter and any other applicable laws and regulations.

(e) The permit shall be displayed near the front entrance of the studio within fifteen feet of the

front or primary public door and between five feet and seven feet from the floor, and in an area

where it can be read at a distance of one foot away or, if for some reason this is impractical, in an

area approved by the Health Authority.

(f) The permit shall expire when the Body Art Studio ceases to operate, relocates, or has a

change of ownership. For purposes of this subsection, a "change of ownership" means the

transfer of a 50% or greater interest in the studio to a person or entity not currently holding an

interest.

(g) An operating permit is not transferable from one studio to another.

(h) An application for a Body Art Studio must be submitted to the Health Authority no less than

fourteen days prior to the start of construction or major structural modifications.

(i) The applicant shall certify in its application the names and exact duties of the employees and

body artists who will be responsible for carrying out the rules and policies adopted by the permit

holder. The following information shall be included for each such person:

1. Valid driver’s license or Government issued ID;

2. Date of birth (DOB);

3. Home address;

4. Telephone numbers; and

5. Department-issued Body Artist Certification of all artists who will practice in the studio.

(j) Each application for a permit shall be accompanied by an 8 ½” x 11” or larger page

containing a detailed, to-scale floor plan of the Body Art Studio. Such plan shall show the

accurate placement of each of the following: windows, doors, chairs, tables, sinks, restrooms,

waiting area, and all equipment placement whether affixed or not for clients or staff, and shall

include room measurements.

(k) Specification sheets for all equipment to be in the studio shall be provided as determined by

the Health Authority. Studios using all commercially purchased, individually packaged, sterile,

single-use, disposable jewelry and instruments shall provide adequate manufacturer

documentation to avoid requirements for an ultrasonic cleaner and autoclave.

(l) The ownership of the studio shall be fully disclosed in its application for a permit. The

individual owners shall be listed, if a sole proprietorship or partnership; the members, if a limited

liability company; and the shareholders, if a corporation. No permit shall be issued if any person

with an ownership interest in the proposed studio is under eighteen years old, has previously had

a body art permit or certification revoked, or is currently the subject of disciplinary proceedings

related to body art chapter enforcement.

(m) The applicant shall show that it has demonstrated compliance with zoning and other local

requirements regarding proper location and establishment of Body Art Studios, including any

applicable building, fire safety, plumbing, mechanical and electrical codes.

(n) The Health Authority shall issue a Body Art Studio permit after:

1. Receipt of a completed application;

2. Payment of applicable fees;

3. Plan review approval; and

4. An inspection of the proposed studio which reveals that it is in compliance with requirements

of this Chapter.

(o) Before being granted a permit, each Body Art Studio shall develop a written statement of

policies and standard operating procedures that address:

1. Sterilization of instruments and equipment and Emergency Sterilization Procedures;

2. Body Artist and Employee Health;

3. Body Artist and Employee Drug and Alcohol Use;

4. Sanitizing areas and equipment between use;

5. Disposal of waste;

6. Record keeping;

7. Client screening;

8. Aftercare;

9. Exposure control plan;

10. Emergency plan for accidents that addresses first aid procedures; and

11.Water Interruption Plan.

(2) Body Art Studio Permit Holder Responsibilities. Upon acceptance of the permit issued by the

Health Authority, in order to retain the permit, the permit holder shall:

(a) Ensure compliance with the provisions of this Chapter, including the conditions of any

variance granted by the Department, and allow inspections by representatives of the Health

Authority during hours of operation;

(b) Immediately discontinue operations and notify the Health Authority if an imminent health

hazard may exist; and

1. The Health Authority directs the replacement because the facilities and equipment constitute a

public health hazard or no longer comply with the criteria upon which the facilities and

equipment were accepted; or

2. The facilities and equipment require replacement due to wear and tear in the normal course of

operation.

(3) A copy of the most current version of this Chapter must be in the studio at all times.

(4) Temporary Body Art Studio Permits.

(a) A temporary Body Art Studio permit may be issued for body art services provided outside of

a permitted location for the purpose of product demonstration in connection with body art

conventions or industry trade shows.

(b) A temporary Body Art Studio permit may be obtained after submitting an application that

contains the name of the body artists, location, the operating days, hours of operation of the

temporary studio, and the plans or description of the temporary studio. The applicant will

provide information related to solid waste, biomedical waste, and sharps disposal.

the Health Authority successful compliance with all the requirements of this Chapter. This

includes education, disclosure, consent, minimum design standards, and furnishing and fixtures

requirements.

(d) The application for a permit must be submitted for review by the Health Authority at least

thirty days prior to the event and all applicable fees must be paid before a permit will be issued.

(e) The following criteria pertain to permits for temporary Body Art Studios:

1. No permit may be valid for more than seven consecutive days.

2. An applicant shall not receive more than two seven-day permits during a thirty-day period.

3. A permit shall not be transferable from one place to another, or from one person to another.

4. A permit shall be posted in a prominent and conspicuous place as determined by the Health

Authority so clients can readily observe it.

5. The temporary Body Art Studios shall meet the requirements of this Chapter. In addition, the

following will be required:

(i) A convenient handwashing facility must be located within 30 feet of each work or

demonstration area for body artist handwashing. In the absence of a hand wash station meeting

the requirements of this Chapter, this facility shall consist of, at least, a catch bucket, a

pressurized or gravity fed, hands-free container filled with potable water, liquid antimicrobial

hand soap, and individual paper towels at the service site.

(ii) Only single-use, disposable, pre-sterilized supplies may be used.

(5) Prohibited Facilities.

(a) Neither Body Art Studios nor body art procedures shall be allowed in a private residence or

other structure used for human habitation, food services, retail sales not directly related to body

art, grocery stores, convenience stores, or similar purposes; however, body art operations may

take place in completely separate areas of certain businesses deemed safe and appropriate by the

Health Authority.

(b) Body Art Studios shall not be allowed in automobiles, mobile trailers, tents, recreational

vehicles, or other non-fixed facilities.

(6) Prohibited Procedures and Restrictions.

(a) Implants, 3-D procedures, or other procedures involving insertion of foreign objects

completely under the skin.

(b) Any body art procedure that results in the permanent removal of tissue or that requires

medical equipment such as scalpels or dermal punches.

prohibited.

(d) Scarification (branding, cutting, or skin peeling), suspension piercing, neck rings, foot

binding, corseting, play piercing, and tooth gems/dental bonding are prohibited.

(e) In accordance with O.C.G.A. Section 16-5-71, no person under the age of eighteen shall be

tattooed.

(f) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of

any person under the age of eighteen for the purposes of allowing the insertion of earrings,

jewelry, or similar objects into the body, unless the body piercing is performed in the presence of

the person’s parent or legal guardian. The parent or legal guardian must have proper

identification and sign a written consent form provided by the Body Art Studio. The consent

form must indicate the methods and parts of the minor’s body upon which the body piercing

procedure is performed. Nipple and genital piercing are prohibited on minors regardless of

parental or legal guardian consent.

(g) With the exception of microblading of the eyebrow, and in accordance with O.C.G.A.

Section 16-12-5, it shall be unlawful for any person to perform tattooing or cosmetic

micropigmentation procedures within any area within one inch of the nearest part of the eye

socket. Such prohibited procedures include but are not limited to tattooing eyeliner.

(h) No person except a duly licensed physician or a Georgia licensed cosmetic laser practitioner

as defined under Chapter 34 Title 43 shall remove or attempt to remove any tattoo.

(7) Body artists shall not be under the influence of alcohol or drugs that cause drowsiness or

other impairment while performing body art procedures.

(8) Body Art Studios and body artists shall refuse services to any person who appears to be under

the influence of alcohol or drugs.

(9) Live animals shall be excluded from within the studio and adjacent areas under the control of

the permit holder. However, this exclusion does not apply to fish in clean, maintained aquariums

which are maintained outside of an artist work area. Service animals accompanying disabled

persons shall be permitted in the studio.

(10) The body artist must be free of any open wound that cannot be covered, any infection, or

other visible or communicable diseases that can be transmitted as a result of carrying out the

body art procedures

(11) A body artist shall not conduct any form of body art activity upon any area of a client that

evidences the presence of any rash, lesion, or other visible signs of infection.

(12) Body art procedures not covered within these rules which have the potential for transmitting

infectious disease must receive written departmental approval prior to being offered to clients.

(13) Body art shall only be performed by individuals holding a current Body Artist Certification

issued by the Department, a Temporary Body Artist Permit or Guest Body Artist Permit issued

by the Health Authority, and only at a location named in a Body Art Studio Permit or a

Temporary Body Art Studio Permit.

Authority: O.C.G.A. § 31-40-2.

511-3-8-.06 Employee Files

(1) The permit owner of a Body Art Studio must maintain a file on all body artists who practice

within the studio. Employee and body artist files must be kept on location for the duration of the

person’s employment and for a minimum of two years after the person is no longer employed.

The employee and body artist files must be available for inspection and include the Department

issued Body Artist Certification and a copy of the body artist’s government issued ID.

(2) Any Body Artist working in an existing Body Art Studio on the effective date of this Chapter,

as stated in Section 511-3-8-.03(4), shall have one year to obtain the Department certifications

and education required in this Chapter. This timeframe may be extended for all applicants upon

public notice by the Department on its website.

(3) The permit holder of the Body Art Studio shall make available, at no cost to the employee or

body artist, the Hepatitis B vaccination series to body artists and any other employees who may

have occupational exposure to blood or other potentially infectious material. For new employees

and body artists, the vaccination must be offered after the worker is trained and within ten days

of initial assignment to a job where there is potential occupational exposure, unless the employee

has previously received the vaccine series, antibody testing has revealed that the worker is

immune, the vaccine is contraindicated for medical reasons, or if the individual has declined the

Hepatitis B vaccination series in writing. The employer must obtain a written opinion from the

licensed healthcare professional within fifteen days of the completion of the evaluation for

vaccination. This written opinion is limited to whether hepatitis B vaccination is indicated for the

worker and if the worker has received the vaccination.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.07 Body Artist Certification and Decertification

(1) No person shall practice body art procedures without first obtaining a Body Artist

Certification from the Department in accordance with the timeframes specified in these rules.

Upon the effective date of this Chapter, as stated in Section 511-3-8-.03(4), existing Body Artists

shall have one year to obtain and display a valid certificate issued by the Department. This

deadline may be extended for all applicants upon public notice by the Department on its website.

(2) An applicant for a Body Artist Certification must be at least eighteen years of age and shall

demonstrate to the Department successful compliance with all education, disclosure, consent,

and fee requirements of this Chapter. An applicant shall request certification in one or more of

the following areas:

(a) Tattooing;

(b) Piercing; and/or

(3) Applicants shall submit a completed Department application provided by the Health

Authority. The Department may authorize an electronic signature method for signing prescribed

forms. As part of the application process, the applicant shall:

(a) Pay an exam fee not to exceed $50.00 to the Health Authority;

(b) Pay Department Certification fees; and

(4) Initial application for the Body Artist Certification shall include:

(a) Name;

(b) Date of Birth;

(d) Mailing address;

(e) Phone number;

(f) Photocopy of a government issued ID;

(g) Proof of United States Citizenship or lawful residence in the United States.

(h) Proof of successful completion of an OSHA-compliant Bloodborne Pathogen/Universal

Precautions training program and Basic First Aid/CPR classes given or approved by the

Department; and

(i) Valid documentation of a Hepatitis B Virus (HBV) vaccination status including:

1. Documentation of HBV vaccination; or

2. Laboratory evidence of immunity or documentation of no response following two full HBV

vaccine series; or

3. Documentation stating the vaccine is contraindicated for medical reasons. Contraindications

require a dated and signed licensed health care professional’s statement specifying the name of

the Body Artist applicant or employee and that the vaccine cannot be given; or

4. Signed certificate of vaccination declination of HBV as required by OSHA.

(5) No Body Artist Certification will be issued without successfully completing an approved

course in Bloodborne Pathogens/Universal Precautions and a Basic First Aid/CPR course

approved by the Department.

(6) The Body Artist Certification shall be valid for one year and may be renewed on a standard

date to be determined by the Department. Issuance and renewal shall be conditioned on

compliance with this Chapter, successful completion of required courses, and paying required

certification fees to the Department. Certifications shall be issued on forms provided by the

Department.

(7) A body artist shall only perform that form of body art which is indicated in the Body Artist

Certification.

(8) A copy of the Body Artist Certification shall be posted where it may be readily observed by

clients.

(9) For annual Body Artist Certification Renewal, each artist:

(a) Must submit a completed Body Artist Certification Renewal Application;

(b) Must pay all applicable fees to the Department;

initial certification section; and

(d) Must not have any unresolved disciplinary actions or have committed any illegal activities

related to the industry during the previous certification period.

(10) Temporary Body Artist Permit.

(a) No body artist shall practice body art at a Temporary Studio without a Temporary Body

Artist Permit issued by the Health Authority or Body Artist Certification issued by the

Department.

(b) The Health Authority may issue a seven-day permit to engage in the practice of body art if

the body artist is not currently certified by the Department. Such temporary body artist permit

will allow a person to practice body art only in a permitted Temporary Studio under the

supervision of the permit holder. Temporary Body Artist Permits will not be issued unless the

applicant demonstrates to the Health Authority successful compliance with all education,

disclosure, consent, and requirements of this Chapter. The issuance of a Temporary Body Artist

Permit is conditioned upon the following:

1. A completed application submitted no less than ten days in advance of the start date of

providing services; the Health Authority may authorize an electronic signature method for

signing prescribed forms.

2. Documentation that the applicant has received education requirements set by this Chapter;

3. Must be listed on the temporary Body Art Studio permit application where the applicant will

perform body art;

4. Payment of all applicable fees as determined by the Health Authority; and

5. Documentation of a Hepatitis B Virus (HBV) vaccination completion status including:

(i) Documentation of HBV vaccination;

(ii) Laboratory evidence of immunity or documentation of no response following two full HBV

vaccine series;

(iii) Documentation stating the vaccine is contraindicated for medical reasons, including a dated

and signed licensed health care professional’s statement specifying the name of the Body Artist

applicant or employee and that the vaccine cannot be given; or

(iv) Signed certificate of vaccination declination of HBV as required by OSHA.

(11) Guest Body Artist Permit.

(a) No visiting out-of-state body artist shall practice body art without a Guest Body Artist Permit

issued by the Health Authority.

(b) The Health Authority may issue a seven-day permit to engage in the practice of body art.

Such guest body artist permit will allow a person to practice body art under the direct supervision

of a body artist holding a valid Department issued certification in the same category. The

issuance of a Guest Body Artist Permit is conditioned upon the following:

1. A completed application submitted no less than ten days in advance of the start date of

providing services; the Health Authority may authorize an electronic signature method for

signing prescribed forms.

2. Documentation that the applicant has received education specified in by this Chapter;

3. A letter of consent signed by a body artist certified by the Department, a copy of the Body

Artist Certification of the sponsoring artist, and a copy of the Body Art Studio permit where the

applicant will perform body art;

4. Payment of all applicable fees as determined by the Health Authority; and

5. Documentation of a Hepatitis B Virus (HBV) vaccination completion status including:

(i) Documentation of HBV vaccination;

(ii) Laboratory evidence of immunity or documentation of no response following two full HBV

vaccine series;

(iii) Documentation stating the vaccine is contraindicated for medical reasons, including a dated

and signed licensed health care professional’s statement specifying the name of the Body Artist

applicant or employee and that the vaccine cannot be given; or

(iv) Signed certificate of vaccination declination of HBV as required by OSHA.

thirty-day period.

(12) Decertification and Denial.

(a) The Department may deny or revoke the certification of any person for one or more of the

following reasons:

1. Failure to comply with this Chapter;

2. A material misrepresentation or omission on any application for certification or renewal;

3. Failure to pay certification or renewal fees;

4. A civil judgement based on conduct related to the Body Art industry; or

5. Such other conduct, as in the opinion of the Department, would render certification of the

person a threat to the health or safety of the public.

(b) The Department may, in its discretion, impose a lesser sanction where the circumstances of

the violation do not merit revocation of the certification, including suspension or probation on

specific terms.

1. The Department may, but is not required to, refer information concerning a certified person to

the Body Art Advisory Committee, if established. The Committee shall review the evidence and

make a recommendation to the Department.

2. The Department shall give written notice of any disciplinary action taken pursuant to this

regulation by certified mail or statutory overnight delivery to the last known address of the

person or entity. The notice shall set forth the facts which support disciplinary action.

3. Upon request made in writing and received by the DPH Office of General Counsel no later

than twenty days after the written notice of disciplinary action is mailed, the Department shall

refer the matter to the Georgia Office of Administrative Hearings for hearing in accordance with

its rules. The burden of proof shall be on the person or entity seeking the hearing.

4. Effective date of disciplinary action.

(i) All disciplinary actions by the Department are effective twenty days after the certified

person’s receipt of the notice, unless otherwise specified in the notice, or unless the certified

person makes a timely request for a hearing.

(ii) Upon a written finding set forth in the notice of disciplinary action that the public safety,

health, and welfare imperatively require emergency action, the suspension of the certification

shall be effective immediately upon issuance of the notice.

5. Upon request for exculpatory, favorable, or arguably favorable information relative to pending

allegations involving disciplinary action, the Department shall either furnish such information,

indicate that no such information exists, or provide such information to the hearing officer for in

camera inspection pursuant to O.C.G.A. § 50-13-18 (d)(2).

Authority: O.C.G.A. §§ 31-40-2; 31-40-3; 31-40-4; 50-13-13; 50-13-18.

511-3-8-.08 Client Files

(1) Every Body Art Studio shall require that each client complete an application, client

evaluation and informed consent form approved by the Health Authority prior to having any

body art activity performed upon or to their body. All records required by this Rule may be kept

in digital or print form.

(2) The application shall contain a minimum of the following:

(a) Name;

(b) Date of birth;

(d) In the case of piercings for a minor client, the parent or legal guardian's government issued

ID, proof of parentage or legal guardianship through a certified copy of a birth certificate or

court order of guardianship respectively, state-issued photo ID or other Health Authority

approved ID for the minor client, and the written consent to conduct the contemplated Body Art

activity to be performed upon the minor client;

(e) A brief description and location of the Body Art procedure to be performed;

(f) The phone number of the Health Authority and instructions for the client, or in the case of a

minor client, the minor client and parent or legal guardian, to contact the Health Authority with

any complaint, question or concern regarding safety, sanitization, or sterilization procedures;

(g) The name and certification number of the Body Artist who is to conduct the Body Art on the

client or minor client;

(h) Signature of the client or, in the case of a minor client, the signature of the client’s parent or

legal guardian signed in the presence of the Body Artist;

(i) A statement by the client attesting that he or she is not under the influence of alcohol or drugs;

(j) The signature of the Body Artist; and

(k) The dates of all signatures.

(3) The Body Art Studio shall complete a client evaluation to ensure that the client inform the

Body Artist of any known chronic medical or communicable conditions, including, but not

limited to the following:

(a) History of diabetes or any disorder or medication that affects the neurological or immune

system in fighting infection;

(b) Bloodborne conditions such as Hepatitis B, Hepatitis C, HIV;

(d) History of skin disease, skin lesions, or skin sensitivities to soap, disinfectants, etc.;

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

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

(g) The taking of medications such as aspirin or other anticoagulants (such as warfarin,

Xarelto™, Plavix, Eliquis™, etc.) which thin the blood and or interfere with blood clotting;

(h) History of or suspicion of adverse reaction to latex or products containing latex; and

(i) History of keloid formation.

(j) If the client is pregnant or has been pregnant in the last three (3) months; and,

(k) If the client has eaten in the last four (4) hours.

(4) The body artist must tell the client to consult a physician prior to the procedure if they have

any concerns related to the evaluation questions outlined in (3).

(5) The Body Artist shall inform the client, verbally and in writing that the health conditions

outlined in (3) may increase health risks associated with receiving a body art procedure.

(6) If the client refuses to disclose the information in (3) of this subsection, then the Body Artist

shall require the client to sign a form stating that the client was asked to provide the information

and refused.

(7) The client must sign an informed consent form that includes but not limited to the following:

(a) Client is voluntarily obtaining services of their own free will and volition;

(b) Client has had the opportunity to read and understand the documents presented to them;

(d) Client has received and understands written and verbal aftercare.

(8) For each client, proper records of identification, an application, client evaluation, and

informed consent form shall be kept, in digital or print form, and retained for a minimum of three

years. Records must be kept on premises for a minimum of one year. All three years of records

must be available to the Department or Health Authority upon request. The files must be stored

in a manner that prohibits access from unauthorized personnel.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.09 Minimum Design Standards

(1) A studio shall provide work areas separate from observers or visitors. An individual body

artist shall not perform body art procedures simultaneously on different clients.

(2) There shall be adequate floor space for each work area in the studio. At a minimum, an

adequate area includes space for all items required by this Chapter, such as a handwashing sink,

a waste receptacle, and a sharps container, as well as space for the Body Artist to safely perform

body art procedures.

(a) Work areas must be separated from lobby and waiting areas by nonabsorbent curtains, knee

walls, or other partitions approved by the Health Authority.

(b) Floors shall be nonabsorbent and easily cleanable.

or similar approved partitions.

(d) If body art procedures are conducted in an environment where airborne particulates are of

concern (including but not limited to hair and nail salons), the body art procedures shall take

place behind a floor-to-ceiling partition or in a separate room.

(3) A Body Art Studio shall have a cleaning room to be used exclusively for the cleaning,

disinfection, and sterilization of instruments.

(a) The cleaning room shall have a separate stainless-steel instrument sink reserved only for

instrument disinfection activities and shall be equipped with hot and cold running water. Sink

shall have smooth welds and joints, be free of breaks and open seams, and be easily cleanable.

(b) The cleaning room shall be separated from any other area in the studio by means of doors,

nonabsorbent curtains, or similar approved partition extending from floor to ceiling or a height of

at least eight feet and must be labeled to prevent clients from entering the room.

medical grade autoclave or another approved autoclave. The autoclave shall be used to sterilize

all non-disposable and reusable body art equipment.

(d) The instrument sink, ultrasonic cleaning unit, and autoclave shall each be separated by a

minimum distance of forty-eight inches unless using a splashguard approved by the Health

Authority.

(e) The cleaning room walls, floors, doors, windows, skylight, and other components shall be

constructed of smooth, nonabsorbent, durable material and be maintained in good repair.

(f) The requirement for a cleaning room with an ultrasonic cleaning unit and autoclave may be

waived by the Health Authority if the studio only stores and uses commercially purchased sterile

single-use disposable body art tattoo instruments.

(4) Hand washing facilities shall be provided within 30 feet of each workstation and must be

fully accessible in an unobstructed pathway. Additional hand sinks may be placed at the

discretion of the Health Authority if warranted. Hand washing facilities will also be made

available in the cleaning rooms. These are in addition to the required sinks in toilet rooms.

Studios that are open and operating on the effective date of this Chapter will be required to have

one hand wash sink that is available by an unobstructed pathway within thirty feet of each work

area not to include any hand wash sinks in toilet rooms.

(5) Hand washing sinks and instrument sinks shall be used for those intended purposes only.

(6) At least one service sink or one curbed cleaning facility equipped with a floor drain shall be

provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools

and trash cans and for the disposal of service water and similar liquid waste. After the effective

date of this Chapter, mop sinks will be required upon renovation to any existing studio or any

major plumbing renovation.

(7) The use of common towels and cloths for any purpose is prohibited.

(8) Sanitary Facilities and Controls.

(a) Enough potable water for the needs of the Body Art Studio shall be provided from a public

water system, or from an approved nonpublic water system that is constructed, maintained, and

operated according to applicable state or local codes as amended.

(b) Non-Public Water Supply – Approved Wells.

1. Water from a non-public water system shall follow guidelines established in the Georgia

Department of Natural Resources, Environmental Protection Division (EPD) Memorandum of

Understanding for Non-Public Water Supplies.

2. Sampling Report. The most recent sample report for the non-public water system shall be

retained on file in the Body Art Studio and results must be forwarded to the Health Authority.

or by an approved on-site sewage disposal system.

(d) Plumbing. Plumbing shall be sized, installed, and maintained according to law, state and local

code. There shall be no cross-connection between the potable water supply and any other water

supply or other possible source of contamination.

(9) Toilet Facilities.

(a) There shall be a minimum of one restroom containing a toilet and a handwash facility readily

accessible to any Body Artist or client that does not require passage through a cleaning room and

work area with the exception that access through such areas may be allowed if the risk of

contamination is determined to be minimal.

(b) Toilet rooms. Toilet rooms opening directly into work or client waiting areas shall be

completely enclosed and shall have tight-fitting, solid self-closing doors, which shall be closed

except during cleaning or maintenance.

heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes.

(d) Toilet fixtures. Toilet fixtures shall be kept clean and in good repair. A supply of toilet tissue

shall always be provided at each toilet. Easily cleanable receptacles with trash liners shall be

provided for waste materials. Toilet rooms shall have at least one covered waste receptacle.

(10) Handwash Facilities.

(a) Handwash facilities shall be designed, installed, and maintained according to law, state and

local code.

(b) Each handwashing sink shall be equipped to provide hot water at a temperature of at least

100ºF (38 ºC). Hot and cold water shall be tempered by means of a mixing valve or combination

faucet. Any self-closing, slow-closing, or metering faucet used shall be designed to provide a

flow of water for at least twenty seconds without the need to reactivate the faucet.

available at each handwash facility. A fully covered or enclosed towel dispenser with a supply of

single use sanitary towels shall be conveniently located near each handwash facility. Easily

cleanable waste receptacles with self-closing lids with hands-free controls shall be conveniently

located near the hand washing facilities.

(d) Sinks, soap dispensers, paper towel dispensers, and all related fixtures shall be kept clean, in

good repair, and supplied at all times.

(11) Solid Waste.

(a) Non-Biomedical Waste Containers.

1. Garbage and refuse shall be kept in durable, easily cleaned containers that do not leak and do

not absorb liquids.

2. All outside refuse containers shall be covered and maintained.

3. Containers used in work areas shall be kept covered when not in use. At least one waste

receptacle shall be provided in each artist area. Receptacles in the body artist area shall be

emptied daily or more if necessary. Solid waste shall be removed from the premises at least

weekly or more if necessary.

4. There shall be a sufficient number of containers to hold all the garbage and refuse that may

accumulate.

(b) Garbage and refuse shall be disposed of at such frequency to prevent the development of odor

and the attraction of insects, rodents, or vermin.

1. Disposal of infectious waste such as blood, fluids, used inks, or other liquid waste may be

deposited directly into a drain connected to an approved sewer system or on-site sewage system

via a sink dedicated to that purpose.

2. Containment of biomedical waste shall be in a manner and location which affords

protection from animals, rain, and wind, does not provide a breeding place or a food source for

insects and rodents, and minimizes exposure to the public.

3. Biomedical waste shall be segregated by separate containment from other waste at the point of

origin.

4. Biomedical waste, except for sharps, shall be placed in containers which are impervious to

moisture and have strength sufficient to preclude ripping, tearing, or bursting under normal

conditions of use. The containers shall be securely closed so as to prevent leakage or expulsion

of solid or liquid wastes during storage, handling, or transport.

5. Sharps shall be contained for storage, transportation, treatment, and subsequent disposal in

leak-proof, rigid, puncture-resistant containers which are taped closed or tightly lidded to

preclude loss of contents.

(i) Rigid containers of discarded sharps and all other disposable containers used for containment

of biomedical waste shall be red or orange in color and clearly identified with the universal

biohazard symbol or clearly marked with the word "Biohazard."

(ii) Biomedical waste contained in disposable containers as prescribed above shall be placed for

storage, handling, or transport in disposable or reusable pails, cartons, boxes, drums, or portable

bins. The containment system shall have a tight-fitting cover and be kept clean and in good repair.

The containers may be of any color and shall be conspicuously labeled with the universal biohazard

symbol and the word "Biohazard" on the sides so as to be readily visible from any lateral direction

when the container is upright.

(iii) Reusable containers used for shipment of biomedical waste shall be thoroughly

washed and decontaminated each time they are emptied. Reusable pails, drums, dumpsters, or bins

used for containment of biomedical waste shall not be used for other purposes.

(iv) Sharps container must be placed within arm’s reach and below eye level at their point of use.

(12) Physical Facilities, Floors, Walls, Ceilings, and Attached Equipment: Floors, walls, ceilings,

and attached equipment and decorative materials shall be kept clean and maintained in good

repair.

(a) Floors.

1. Floors and floor coverings of all work areas, dressing rooms, locker rooms, toilet rooms and

vestibules shall be constructed of smooth, nonabsorbent, hard durable material and maintained in

good repair.

2. The floor and cove base/joint shall be properly sealed.

3. Carpeting is allowed in the lobby area only and shall be of closely woven construction,

properly installed, easily cleanable, and maintained in good repair.

(b) Walls and Ceilings.

1. Maintenance. Walls and ceilings, including doors, windows, skylight, and similar closures

shall be constructed of durable, easily cleanable material and be maintained clean and in good

repair.

2. Attachments. Light fixtures, vent covers, wall-mounted fans, and similar equipment attached

to walls and ceilings shall be easily cleanable and maintained in good repair.

(13) Lighting.

(a) Permanently fixed artificial light sources shall be installed to provide at least fifty- foot

candles of light on all work area surfaces and at equipment washing work levels.

(b) Permanently fixed artificial light sources shall be installed to provide at a distance of thirty

inches from the floor at least ten-foot candles of light in all other areas.

(14) Ventilation. All rooms shall have sufficient ventilation to keep them free of excessive heat,

steam, condensation, vapors, obnoxious odors, smoke, and fumes.

(15) Poisonous or Toxic Materials.

(a) Materials permitted. There shall be present in the Body Art Studio only those poisonous or

toxic materials necessary for maintaining the studio and cleaning or sanitizing equipment, as well

as controlling insects and rodents.

(b) Labeling of materials. Containers of poisonous or toxic materials shall be prominently and

distinctly labeled according to law for easy identification of contents and approved for intended

use.

closed cabinet or separate room.

(d) Spray bottles labeled with contents may be used for the purpose of cleaning but not for body

art procedure preparation.

(16) Premises.

(a) Body Art Studios shall be kept neat, clean, and free of litter and rubbish.

(b) Only articles necessary for the operation and maintenance of the Body Art Studio shall be

stored on or within the studio. Lockers or other designated area will be provided for such

personal items as purses, jackets, medications, etc.

shall be unobstructed and of sufficient width to permit body artists and employees to perform

their duties readily without contamination of equipment or operational surfaces by clothing or

personal contact.

(d) The premises shall be kept in such condition as to prevent the entrance, harborage, or feeding

of insects, rodents, or vermin.

(17) Equipment and Instruments.

(a) Materials.

1. Multi-use equipment and instruments shall be constructed and repaired with safe materials,

including finishing materials; they shall be corrosion-resistant and nonabsorbent; and they shall

be smooth, easily cleanable, and durable under conditions of normal use. Single-service articles

shall be made from clean, sanitary, and safe materials.

2. Re-use of single-service articles is prohibited.

(b) Design and Fabrication.

1. General. All equipment and instruments, including plastic ware, shall be designed, and

fabricated for durability under conditions of normal use and shall be resistant to denting,

buckling, pitting, and chipping.

(i) Body art operational surfaces shall be easily cleanable, smooth, and free of breaks, open

seams, cracks, chips, pits, and similar imperfections, as well as free of difficult to clean internal

corners and crevices.

(ii) Sinks and drain boards shall be self-draining.

2. Operational surfaces. Surfaces of equipment not intended as operational surfaces, but which

are exposed to splash or debris or which otherwise require frequent cleaning, shall be designed,

and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices and

readily accessible for cleaning. Such surfaces shall be of material and in such repair as to be

easily maintained in a clean and sanitary condition.

3. Needles, needle assembly with bar, dyes, or pigments shall be designed and manufactured for

the sole purpose of body art.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.10 Furnishings and Fixtures

(1) Furnishings of the Body Art Studio shall be maintained in good condition, intact, and

functional. Furnishings should be made of or covered in a material that is easily cleanable and

non-absorbent.

(2) All surfaces in the work area that could potentially be contaminated during a procedure must

be non-porous to allow for proper cleaning. This includes but is not limited to worktables, chair

mats and bases, shelving, and counters.

(3) Worktables and chairs shall be provided for each body artist workstation.

(a) All exposed surfaces of all worktables and chairs shall be constructed of material which is

smooth, nonabsorbent, corrosive resistant, and easily sanitized.

(b) All exposed surfaces of worktables and chairs shall be sanitized with an EPA registered

disinfectant approved by the Health Authority after each use and between clients.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.11 Supplies

(1) Bulk single-use articles shall be commercially packaged and handled to protect them from

contamination. These articles shall be stored in an area separate from the work area and toilet

facilities.

(2) All materials intended for single-use application to the human skin shall be from single-use

containers and shall be disposed of after each use.

(3) Cabinets and closed, sealable containers for the storage of instruments, pigments, single use

articles such as gloves, ink caps, carbon, or stencils, shall be provided for each body artist and

shall be maintained in a sanitary manner which protects them from contamination.

(4) Minimum supplies of a studio. Each workstation is to be equipped or stocked with enough of

the following items:

(a) Body Tattooing Studios shall have packaged, single use, pre-sterilized needle assembly with

bar and sterilized needle tubes;

(b) Body Piercing Studios shall have packaged, single-use, pre-sterilized needles, sterilized

needle tubes, sterilized forceps, and sterilized hemostats; single-use pens or equivalent

instruments. Piercing Studios may sterilize equipment at point of use if they have a cassette

autoclave.

(d) Extra boxes of medical grade disposable gloves other than the box being used; and

(e) An extra supply of bandages, ointment or gel, and antimicrobial soap.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.12 Health and Hygiene

(1) With the exception of a plain ring such as a wedding band, jewelry on the hands and wrists of

a body artist, such as watches, rings, or bracelets, shall be removed prior to the start of the body

art procedure.

(2) Prior to the procedure, the artist shall inspect their hands for hangnails, small cuts, sores, and

abrasions. If a cut, sore, or abrasion is detected, a bandage shall be applied for added protection

before gloving. The artist shall trim fingernails to ensure gloves are not punctured. Recent tattoos

or piercings in the healing process shall also be properly covered to prevent any bodily fluid

transfer.

(3) Use aseptic technique. Thorough hand washing is essential after client contact, after handling

blood and body fluids, after wearing gloves, and prior to exiting the work area.

(4) The artist must thoroughly wash their hands in hot, running water with soap, then rinse hands

and dry with disposable paper towels before and after performing body art procedures; anytime

there is an interruption in body art procedure that requires the artist to remove and replace

gloves; after using the restroom; and after touching their face, hair or other areas.

(5) Medical grade, single-use, disposable gloves labeled for surgical, or examination purposes

shall be worn when coming in contact with the client and during the body art procedure. Gloves

shall be changed and properly disposed of each time there is an interruption in the body art

procedure, the gloves become torn or punctured, or whenever their ability to function is

compromised. Under no circumstances shall a single pair of gloves be used on more than one

individual. Vinyl gloves are not allowed.

(6) A body artist shall maintain the highest degree of personal cleanliness, conform to standard

hygienic practices, and wear clean clothes when performing body art procedures. Single-use

aprons, smocks, or sleeve covers are acceptable. Open-toed shoes or shoes with holes shall not

be permissible.

(7) The skin of the artist shall be free of rash, open lesions, or infection. No artist affected with

boils, infected or open wounds or sores, abrasions, weeping dermatological lesions, fever,

vomiting, diarrhea, or acute or chronic cough or respiratory infection shall work in any area of a

Body Art Studio in any capacity in which there is a likelihood that the individual could

contaminate body art equipment, supplies, working surfaces with body substances or pathogenic

organisms or expose other staff or clients to infections.

(8) Universal precautions shall be observed to prevent contact with blood or other potentially

infectious materials. All body artists and employees shall be trained in universal precautions and

present documentation of yearly training upon request.

(a) The body artist should assume that all human blood, plasma, serum, body fluids and tissues

are contaminated with Human Immunodeficiency Virus (HIV) and/or Hepatitis viruses (e.g.,

HBV, HCV).

(b) The most susceptible route of occupational infection for HIV, HBV, and HCV is by

accidental needle sticks, but may include contamination of the mucous membranes, or

through broken, abraded, or irritated skin. Use appropriate caution and maximum protection to

prevent such contact.

proper use of biosafety equipment shall be utilized.

(d) Use aseptic technique. Thorough hand washing is essential after client contact, after handling

blood and body fluids, after wearing gloves, and prior to exiting the work area.

(e) Infectious material spills shall be cleaned using an EPA registered disinfectant and following

universal precautions.

(f) Clean all work areas and equipment used in handling human biohazardous materials with an

EPA-registered disinfectant when concluding work to protect personnel from accidental

infection.

(g) Eating, drinking, use of tobacco products, and applying cosmetics or lip balm are not

permitted in the area where body art preparations or procedures are performed and any location

where instruments or supplies are stored or cleaned. Exceptions may be made for the purpose of

rendering first-aid.

(h) All procedures shall be performed carefully to minimize the creation of aerosols.

(i) Employees and body artists shall report all work-related accidents, incidents, and unexplained

illness to their supervisor immediately.

(j) Soiled gloves shall be removed in a manner to minimize the risk of self-contamination or

cross-contamination after each operation and prior to contacting work surfaces, doorknobs, wall

switches, or telephones. Dispose of used gloves in a bagged trash container.

(k) Food storage cabinets or refrigerators shall be located outside the work area.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.13 Instrument Cleaning and Sterilization

(1) An ultrasonic cleaning unit and operational Class B or S medical grade or other approved

medical-grade autoclave is required and shall be provided in each Body Art Studio unless the use

of pre-sterilized items and equipment or single-use items has been approved by the Health

Authority.

(2) Ultrasonic cleaning units used for cleaning instruments shall be clearly labeled

“biohazardous” and shall be operated in accordance with the manufacturer’s recommendation.

(3) The ultrasonic cleaning unit and medical-grade autoclave shall be used and maintained

according to manufacturer’s specifications. Each ultrasonic cleaning unit and medical-grade

autoclave shall be emptied and thoroughly cleaned and disinfected as per manufacturer’s

recommendations. Ultrasonic cleaning unit and medical-grade autoclave maintenance records

must be maintained for two years and be made available upon request.

(4) Used non-disposable instruments shall be kept in a separate puncture-resistant container and

soaked in a protein-dissolving detergent-enzyme cleaner until cleaned. The solution shall be

changed as recommended by the solution manufacturer. The cleaning method shall include the

following:

(a) Employees and body artists shall use personal protective equipment, protecting their eyes,

nose, mouth, and hands while cleaning instruments and follow manufacturer’s safety precautions

for any chemicals used. Instruments shall be completely disassembled and pre-scrubbed prior to

being placed into an ultrasonic cleaning unit. The ultrasonic unit must be sealed and covered

when in use to protect from aerosolization.

(b) After removal from the ultrasonic cleaning unit, rinsed in clean water and air dried.

contents, initialed, dated and sealed. If multiple autoclaves are in use, the autoclave used must be

designated on the packaging.

(d) Instruments shall be packed individually in sterilization packs and sterilized in a medical-

grade autoclave. All sterilized packs shall contain either a sterilization indicator or internal

temperature indicator and marked with the date of sterilization. Sterilized instruments may be

stored for use up to one year, as long as the integrity of the packaging has not been

compromised.

(e) Each autoclave bag must be used in accordance with the manufacturer’s recommendations

and may hold no more than one individual item. A piercing set may be bagged together.

(5) After sterilization, the packaged instruments shall be stored in a clean dry cabinet or other

tightly covered container reserved and labeled for storage of sterile instruments.

(6) If a sterilized package has been breached or allowed to get wet, the instruments must be re-

packaged and sterilized again before use.

(7) A log of sterilization procedures shall be maintained near the sterilizing equipment. Included

in the log, shall be type of load, quantity of load, temperature, pressure, and length of sterilizing

time.

(8) Spore tests shall be used at a minimum frequency of every 40 hours of operation of the

autoclave but not less than on a monthly basis unless the manufacturer specifies more frequent

monitoring. Records of the results must be kept for a minimum of three years. An independent

commercial testing laboratory contracted by the permit owner or body artist, or both shall

perform biological spore testing of the autoclave. A provision shall be included in the contract

with the commercial testing laboratory requiring the body art studio to notify the Health

Authority of any failure of the autoclave to eradicate all living organisms, including spores.

(9) Upon notification of a positive microbiological monitoring report, the autoclave shall be

immediately checked for proper use and function and the permit owner shall cease use of the

autoclave immediately upon receipt of the positive report. Any items remaining bagged after

sterilization must be reprocessed and sterilized by a medical-grade autoclave approved for use

prior to return to service. A negative biological test and passing a Class 5 integrating indicator

must be achieved before the autoclave can be used again and the studio is reopened. The studio

shall have the option to obtain a properly functioning sterilizer with a negative biological report

in order to remain open or if the studio has more than one autoclave in operation, they may be

given approval to remain open. The Body Art Studio’s standard operation procedure should

include an emergency plan should an autoclave failure or malfunction occur.

(10) Any item or instrument used for body art that is contaminated during the procedure shall be

discarded and replaced immediately with a new disposable item or a new sterilized instrument or

item before the procedure resumes.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.14 Dyes and Pigments

(1) All dyes or pigments used in tattooing shall be from commercial professional suppliers

specifically manufactured as dyes or pigments only for the tattooing of human skin and shall be

used according to the manufacturer’s instructions. Products banned or restricted by the Food and

Drug Administration are prohibited.

(2) All ink shall be handled using the following protocol:

(a) Bulk containers of ink shall not be used for longer than the manufacturer’s expiration date.

(b) Inks and pigments can be stored in workstations or in an approved location and must be

properly stored to prevent contamination.

(d) The tops of containers of ink must be disinfected prior to dispensing. After dispensing, the

containers must be disinfected and immediately returned to their approved storage location

before any tattoo procedures begin.

(e) All ink must be dispensed into approved single use containers.

(3) In preparing or mixing of dyes or pigments, only nontoxic materials shall be used. Dyes or

pigments shall be mixed and placed in individual single-use containers.

(4) After tattooing, the remaining unused dye or pigment in the single-use container shall be

properly discarded along with the container.

(5) The Safety Data Sheets of all inks must be available for client review to assess any possible

allergic reaction to ingredients.

(6) Dyes and pigments shall be mixed only with distilled or sterile water.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.15 Tattoo Procedures

(1) Medical grade disposable gloves shall be worn during the preparation of equipment for a

tattoo procedure and during the procedure. Vinyl gloves are not permissible.

(2) Before the procedure begins, all instruments to be used during the tattooing must be placed

on a medical grade absorbent liner which must be placed on a disinfected surface.

(3) Only a commercially packaged, single-use, pre-sterilized needle assembly with bar shall be

used and disposed of immediately after use into a puncture-resistant, or disposable biohazard

container. Expired, breached needle packages or needle packages that have become wet may not

be re-sterilized and must be discarded.

(4) Sterilized instruments shall remain in sterile packages until opened in front of the client.

(5) Any part of a tattooing machine that may be touched by the artist during the procedure shall

be covered with a disposable plastic sheath that is discarded after each procedure and the

machine shall be disinfected.

(6) A clip cord sleeve and barrier film shall be used over exposed electrical cords or other

approved cleaning and disinfection methods demonstrated to prevent contamination.

(7) All devices used to apply pigments must be designed and used to prevent backflow of

pigments into the machine. Needle cartridges must have a membrane.

(8) Single-use towels or gauze shall be used in preparing the site to be tattooed and shall be

disposed of after use on each client.

(9) If shaving is necessary, single-use disposable razors shall be used and discarded into a

puncture-resistant container between clients and as otherwise needed.

(10) After shaving the area to be tattooed, or if the area does not need to be shaved, the site of the

tattoo shall be thoroughly cleaned with an antimicrobial solution used in accordance with the

manufacturer’s label instructions.

(11) When a workstation rinse cup is used alone, the cup and solution shall be disposable and

discarded after each client.

(12) If squirt bottles are used to dispense liquids, the liquid shall be applied onto a single use

wipe rather than directly onto the client.

(13) Single-use ointment tubes, applicators, and supplies shall be discarded after each tattoo

application.

(14) When a paper stencil is used by a tattoo artist for transferring the design to the skin, it shall

be single-use and disposable. The use of roll-on or stick deodorants for tattoo site preparation is

prohibited.

(15) The stencil shall be applied with antimicrobial soap, or a Health Authority approved product

dispensed from a container in a manner that does not contaminate the unused portion.

(16) When the design is drawn directly onto the skin, autoclavable, pre-sterilized pens shall be

used, or single-use, non-toxic pens or markers shall be used and discarded after each use.

(17) The completed tattoo shall be washed with a single-use towel saturated with an

antimicrobial solution.

(18) A sterile bandage or dressing shall then be applied to the finished tattoo. For procedures

such as “permanent makeup”, “microdermapigmentation”, “micropigment implantation”,

“microblading”, “microshading”, “micro-needling with the use of pigment”, cosmetic tattooing

or any other similar procedures, the use of a sealed or non-sticking wrap or dressing is not

required.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.16 Piercing Jewelry

(1) Client and the body piercer should have appropriate size and quality jewelry chosen before

the procedure begins.

(2) Jewelry used in piercing shall meet the requirements of DPH Rule 511-3-8-.04(45)(a) - (k)

and consist of a material rated by the ASTM or the ISO as being suitable for permanent surgical

implant, such as stainless steel, titanium, niobium, solid platinum, or a dense low porosity plastic

such as Tygon or PTFE. Copies of the jewelry manufacturer’s documentation which verify

compliance with standards must be available for inspection on request. Solid 14 karat or higher,

white, or yellow nickel-free gold may also be used. Purity verification must be available for

inspection on request.

(3) The jewelry must be free of nicks, scratches, or irregular surfaces.

(4) All jewelry must be properly sterilized prior to use in a medical grade chamber or cassette

autoclave. Any two-piece or multi-piece jewelry that is screwed or pieced together must be

separated prior to sterilization. Pre-sterilized jewelry is allowed if documentation is provided

from the manufacturer stating all parts of the jewelry is pre-sterilized.

(5) Should jewelry become contaminated during the piercing process, a sterile piece of jewelry

must be used, or re-sterilization must occur prior to use.

(6) Ear studs or other jewelry designed for ear lobe piercing are not appropriate jewelry for other

body parts and shall not be used for any other purpose.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.17 Body Piercing Procedures

(1) Medical grade disposable gloves shall be worn during the preparation of equipment for a

piercing procedure and during the procedure. Vinyl gloves are not permissible.

(2) Before the procedure begins, all sterilized instruments to be used in the body piercing must

be placed on a medical grade liner that is placed on a disinfected surface. Any nonsterilized

equipment may be sterilized in a medical grade cassette autoclave before the procedure begins

and kept in the cassette.

(3) Single use sterilized piercing needles shall be used and disposed of immediately after use into

a puncture-resistant or disposable biohazard container.

(4) No approved tool may be modified and used for anything other than its intended use as per

the manufacturer’s recommendations.

(5) Pre-sterilize all reusable equipment such as forceps, hemostats, calipers, and tubes in sealed,

properly labeled, sterile indicator bags. These items are to be used only on one person in one

sitting. After one such use, they must be cleaned in an ultrasonic cleaner, placed in sealed

indicator bags, properly labeled, autoclaved, and stored in sterile indicator bags.

(6) Sterilized instruments shall remain in sterile packages until opened in front of the client.

(7) Single-use towels or gauze shall be used in preparing the piercing site and shall be disposed

of after use on each client.

(8) If shaving is necessary, single-use disposable razors shall be used and discarded into a

puncture-resistant container between clients and as otherwise needed.

(9) After shaving the area to be pierced, or if the area does not need to be shaved, the piercing

site shall be thoroughly cleaned with an antimicrobial solution used in accordance with

manufacturer’s label instructions.

(10) In the case of oral piercings, the operator shall provide the individual with antimicrobial

mouthwash in a single-use cup and shall ensure that the individual utilizes the mouthwash

provided and rinses based on the manufacturer’s label instructions prior to the procedure. In the

case of a lip, labret, or cheek piercing, procedures described in this section for both skin and oral

piercings shall be followed.

(11) If piercing a minor, the legal parent or guardian that signed the application must be in the

procedure area while the minor is receiving the piercing.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.18 Body Art After Care

(1) Verbal and written instructions reviewed and approved by the Health Authority for the care

of the body art procedure site shall be provided to each client by the artist upon completion of the

procedure.

(a) The written instruction shall include, at a minimum: what to do, what to avoid, suggested care

solutions/over-the-counter balms or treatments, cleaning instructions, and what to look for during

the healing process.

(b) The written instructions shall advise the client to consult a healthcare provider at the first sign

of infection and will contain the name, address, and phone number of the studio.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.19 Disinfection of Workplace

(1) Each Body Art Studio must be kept clean and sanitary. The owner must develop and

implement a written cleaning schedule that includes appropriate methods of decontamination and

tasks or procedures to be performed.

(2) This written schedule must be based on the location within the studio, the type of surfaces to

be cleaned, type of possible contamination present, the tasks, or procedures to be performed, and

their location within the studio.

(3) The following procedures should be adhered to:

(a) A Body Artist shall only conduct body art activities under sanitary conditions.

(b) Clean and sanitize all equipment and work surfaces with an appropriate EPA-registered

disinfectant after completion of the body art procedures and at the end of the work shift or when

surfaces have become contaminated since the last cleaning.

(d) Inspect and sanitize, on a daily basis, reusable receptacles such as bins, pails, and cans that

have the likelihood of becoming contaminated. When contamination is visible, clean and sanitize

receptacles immediately.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.20 Disposal of Biomedical Waste

(1) Needles, razors, or other sharp instruments used during body art procedures, shall be placed

in puncture-resistant, closed containers immediately after use, handled and disposed of according

to the provisions of this Chapter.

(2) Used needles shall not be purposely bent or broken, or otherwise manipulated by hand to

prevent needle sticks or injury and exposure to blood or body fluids.

(3) Containers of sharp waste shall be sent to a facility where they are either incinerated,

rendered non-hazardous, or deposited in a landfill approved to accept biomedical waste in

compliance with the Solid Waste Management regulations of the Georgia Department of Natural

Resources, Environmental Protection Division.

(4) Contaminated waste, which may release liquid blood or body fluids when compressed or may

release dried blood or body fluids when handled, must be placed in a sealed bag. It must then be

disposed of in compliance with Georgia Department of Natural Resources – Environmental

Protection Division – Solid Waste Management – Chapter 391-3-4.15.

(5) Waste containers shall be kept closed when not in use.

(6) Disposable waste shall be handled, stored, and disposed of to minimize direct

exposure of personnel to waste materials.

(7) At least one covered waste receptacle shall be provided in each artist area. Receptacles in the

artist area shall be emptied daily, and solid waste shall be removed from the premises at least

weekly or more often if necessary. All waste receptacles shall be covered and maintained.

(8) Solid waste shall not be stored outdoors unless in a secured and lidded dumpster that

complies with applicable county or municipal solid waste ordinances.

Authority: O.C.G.A. § 31-40-5.

511-3-8-.21 Signage

Each Body Art Studio shall conspicuously display in a prominent place, easily seen by clients, a

printed sign that warns that any body art on the face, neck, forearm, hand, or lower leg of an

individual may automatically disqualify such individual from military service in the armed forces

of the United States. Such notice shall be at least 11 inches by 14 inches in size, with letters at

least one inch in height.

Authority: O.C.G.A. § 31-40-8.

511-3-8-.22 Inspections

(1) The studio and all its records shall be available for review and examination by properly

identified representatives of the Health Authority. A Body Art Studio shall be inspected no less

than twice annually.

(2) A copy of the most recent inspection report shall be displayed in a conspicuous location

within fifteen feet of the front or primary public door and between five feet and seven feet from

the floor and in an area where it can be read at a distance of one foot away, or if this is

impractical, in an area designated by the Health Authority.

(3) Representatives of the Health Authority, after proper identification, shall be permitted to

enter any Body Art Studio or operation at any time during business hours for the purpose of

making inspections and reviewing of pertinent records to determine compliance with this

Chapter. The permit holder is responsible for ensuring that at least one person on site is

authorized and able to provide access to all rooms, facilities, and records of the Body Art Studio,

and who can demonstrate that there is sufficient daily oversight of employees, body artists and

perform routine monitoring of operations.

(4) Representatives of the Health Authority who conduct inspections of Body Art Studios must

complete an OSHA compliant Bloodborne Pathogens/ Universal Precautions training, pass a

written exam developed by the Department, and comply with other training requirements

established by the Department.

(5) Inspection results - Reporting and Scoring.

(a) Inspection results for Body Art Studios shall be recorded on standard forms provided by the

Department.

(b) The scoring system shall include a weighted point value for each requirement in which

critical items are assigned values of five points, with non-critical violations having assigned

values of either one or two points.

(6) The rating score shall be the total of the weighted point values for all violations subtracted

from one hundred.

(a) Correction of imminent health hazards shall be corrected immediately. Critical violations

shall be corrected within seventy-two hours, and non-critical violations within ten calendar days.

(b) Upon declaration of an imminent health hazard which cannot be immediately corrected, the

local Health Authority shall issue an order requiring the studio to immediately cease operations

until authorized to reopen.

action needed, the Health Authority may agree to or specify a longer time frame, not to exceed

ten calendar days after the inspection, for the permit holder to correct violations.

(d) Failure to correct these violations to the satisfaction of the Health Authority or the

Department may result in such emergency action including enforcement actions pursuant to

O.C.G.A. § 31-5-2 and 31-5-9(a).

(e) In the case of temporary Body Art Studios, all critical violations shall be corrected

immediately, or provisions must be made to satisfy the violation until a complete correction can

be made within twenty-four hours. If critical violations are not corrected within twenty-four

hours, the studio shall immediately cease operations until authorized to resume by the Health

Authority. Upon declaration of an imminent health hazard which cannot be immediately

corrected, the Health Authority shall issue an order requiring the studio to immediately cease

operations until authorized to reopen by the Health Authority.

(f) Follow up inspections when required will be performed within the time or as determined by

the Health Authority.

(7) Inspection Frequency.

(a) The Health Authority shall conduct one or more construction inspections for newly

constructed or major structurally modified studios to verify that the Body Art Studio is

constructed and equipped in accordance with the approved plans and specifications and is in

compliance with law and this Chapter. In addition, the Health Authority may conduct one or

more preoperational inspections to verify compliance with the construction and equipment

requirements of this Chapter at the time of a change in the permit holder of an existing Body Art

Studio.

(b) An initial inspection will be conducted in a studio prior to the body art permit being issued.

employees and to ensure the studio has implemented all written procedures, the first routine

inspection will be conducted within sixty days after the opening of the studio; and it will mark

the beginning of the studio’s compliance history with this Chapter.

(d) After the first routine inspection, studios maintaining an “A” or “B” score shall be inspected

based on the minimum inspection frequency established by this Rule.

(e) Studios that receive a “C” or “U” score will have at least one additional routine inspection

added in a twelve-month period and may have more inspections at the discretion of the Health

Authority.

(f) Follow-up inspections may be conducted at any time at the discretion of the Health Authority

but shall be conducted within ten days after a studio receives a grade “U”.

(8) Grading Inspections. Inspections will receive a letter grade based on the numerical score as

follows:

(a) The letter grade “A” means that the majority of the requirements of this Chapter have been

met and is applied to a score of 90 to 100.

(b) The letter grade “B” means satisfactory compliance and is applied to a score of 80 to 89.

(d) The letter grade “U” means unsatisfactory compliance and is applied to a score of 69 or less.

(9) Informal Follow-up Inspection. If a follow-up inspection cannot be conducted by the Health

Authority, then an informal follow-up may be performed to confirm correction of the violations

that were cited on the routine inspection that were not corrected at the time of the inspection. On

an informal follow-up inspection, an inspection report addendum will be completed,

documenting the violations that have been corrected. It will be noted on the addendum that this

was an informal follow-up inspection, and the studio will keep the same grade that was earned

on the previous routine inspection. The addendum will be made available by the Body Art Studio

to the public upon request.

(10) Upon the completion of an inspection, the person in charge of the studio shall sign the

inspection report form. The Health Authority shall inform the person in charge that:

(a) The person in charge’s signature shall not necessarily indicate agreement with the findings

noted on the inspection.

(b) Refusal to sign an acknowledgment of receipt will not affect the permit holder’s obligation to

correct the violations noted in the inspection report within the time frames specified, and the

refusal to sign an acknowledgment of receipt will be noted in the inspection report and conveyed

to the Health Authority’s historical record for the Body Art Studio.

(11) Failure to make timely corrections to the satisfaction of the Health Authority or the

Department may subject the Body Art Studio to suspension or revocation of its permit.

(12) The Health Authority may approve a compliance schedule that extends beyond the time

limits specified in this Rule if a schedule of compliance is submitted by the permit holder and no

imminent health hazard exists or will result from allowing an extended schedule for compliance.

(13) Voluntary Closure. A Body Art Studio that is graded with two critical violations or is

graded as a “U” on two consecutive inspections or is graded as a “U” and does not earn at least a

grade of “C” within ten days of receiving the “U” or does not correct requires violations within

seventy-two hours (if allowed) of receiving an inspection report may be requested to voluntarily

close until all violations are corrected.

Authority: O.C.G.A. §§ 31-40-3; 31-40-6.

511-3-8-.23 Compliance and Enforcement

(1) The administration and enforcement of this Chapter shall be as prescribed in O.C.G.A.

Section 31-5-1 et seq. The Health Authority shall have the power and authority to suspend, or

revoke body art studio permits for failure to comply with the provisions of this Chapter.

(2) The Health Authority shall have primary responsibility for the enforcement of this Chapter

within its jurisdiction.

(3) No person or entity shall operate a Body Art Studio or conduct body art activities without a

valid permit or certification issued pursuant to this Chapter.

(4) Suspension or Revocation of Permits. The Health Authority shall have the power and

authority to suspend or revoke a permit if the permit owner or its body artists or employees are

unwilling or unable to comply with these regulations, the regulations of the local Health

Authority, or the provisions of O.C.G.A. Section 31-28-1 et seq.

(a) A permit holder shall be presumed unwilling or unable to comply if it refuses to allow the

Health Authority to enter upon and inspect the premises of the Body Art Studio at any reasonable

time, or if any critical violation is found to be uncorrected upon two consecutive inspections, or

upon continuous violation of this Chapter.

(b) The revocation of a permit may be appealed to the Department of Public Health in

accordance with O.C.G.A. Section 31-5-3 by sending written notice, by certified mail or

statutory overnight delivery, addressed to the Department of Public Health, Office of General

Counsel, with a copy to the Health Authority official that revoked the permit. Within ten days of

receiving the notice, the Health Authority shall provide the Department with a copy of its entire

file on the inspections and actions that led to the revocation of the permit. The Department shall

schedule a hearing within twenty days of receiving the notice and shall decide the matter upon

the arguments of the parties and the administrative record.

(5) Conditions Warranting Action. The Health Authority may summarily suspend a permit to

operate a Body Art Studio if it determines through inspection, or examination of body artists,

employees, records, or other means as specified in this Chapter, that an imminent health hazard

exists.

(6) Resumption of Operations. If operations of a Body Art Studio are discontinued due to the

existence of an imminent health hazard, voluntary closure, or otherwise according to law, the

permit holder shall obtain approval from the Health Authority before resuming operations.

Authority: O.C.G.A. §§ 31-5-1 et seq.; 31-40-3; 31-40-4.

511-3-8-.24 Fees

The Department will adopt a fee schedule for Body Artist Certification.

Authority: O.C.G.A. § 31-40-5.