This chapter prescribes minimum sanitary and safety requirements related to the design and operation of body piercing salons and temporary establishments, as those terms are defined in Section 381.0075(2), F.S. Body piercing salons shall also comply with Section 381.0075, F.S., and Chapter 64E-16, F.A.C. Biomedical Waste, Florida Administrative Code. Unless specified elsewhere in these requirements, temporary establishments shall meet the same requirements as salons at fixed locations.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075, FS. History–New 1-24-00.

• “Aftercare instructions” – means verbal and written instructions that the customer should follow to promote healing of the pierced area.
• “Antiseptic” – means an agent that inhibits the growth and multiplication of disease-causing microorganisms.
• “Aseptic techniques” – means methods used in piercing procedures to prevent contamination of a pierced area by pathogenic organisms.
• “Body piercing area” – means the specific area within a salon where body-piercing procedures are conducted.
• “Contaminated”– means the presence of microorganisms on inanimate objects.
• “Department” – means the Department of Health and its representative county health departments.
• “Formal training” – means a course of instruction that is presented under classroom conditions to detail compliance with the requirements of this chapter, including safety, sanitation, and sterilization requirements and standard precautions for preventing the transmission of infectious diseases.
• “Equipment” – means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a body-piercing salon.
• “Handsink” – means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands,arms or other portions of the body.
• “Hot water” – means water which attains and maintains a temperature of at least 100 degrees Fahrenheit.
• “Injury” – means any unexpected complication, damage, harm, hurt, or impairment to a customer's body structure or function that is caused by a piercing and required the attention of a licensed practitioner.
• “Instruments” – means hand pieces and other tools that may come in contact with a customer’s body or be exposed to body fluids during body-piercing procedures.
• “Licensed practitioner” means any physician, osteopathic physician, or dentist, licensed under Chapters 458, 459, and 466,F.S. The term also includes an Advanced Registered Nurse Practitioner or Certified Physician’s Assistant who performs medical acts of diagnosis, treatment, and operation pursuant to a protocol between an ARNP or PA and a Florida-licensed physician, osteopathic physician or dentist.
• “Minor” – means any person who has not attained the age of 18 years, except as provided in Sections 743.01 and 743.015,F.S.
• “Oral piercing” – means a piercing in any portion of the mouth, including the tongue, lip and cheeks.
• “Notifiable disease” – shall have the same meaning as Rule 64D-3.029, F.A.C.
• “Piercer” – means any person who performs body-piercing procedures in an establishment regulated under this chapter.
• “Procedure surface” – means any surface of an inanimate object or any associated work area that may require sanitizing, as specified in Section 381.0075(11), F.S.
• “Sanitizer” – means a disinfectant or germicide registered with the United States Environmental Protection Agency.
• “Single use” – means products or items that are intended for one-time, one-person use and are disposed of after use on each customer such as, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors,instruments that pierce the skin, and protective gloves.
• “Spore” – means a highly resistant dehydrated form of a bacterial cell, such as those of the genus Bacillus.
• “Standard precautions” – means a set of guidelines and controls, published by the Center for Disease Control and Prevention (CDC), which includes specific recommendations for the use of gloves, masks, protective eye wear and/or other protective equipment when contact with blood or body fluids containing blood is anticipated. These guidelines and controls may be found in “Recommendations for Prevention of HIV Transmission in Health-Care Settings”, Morbidity and Mortality Weekly Report(MMWR), August 21, 1987, Vol. 36, No. (SU02);001; “Universal Precautions for Prevention of Transmission of Human Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne Pathogens in Health-Care Settings”, MMWR, June 24, 1988,Vol. 37, No. 24; “Guidelines for Prevention and Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public Safety Workers, MMWR, June 23, 1989, Vol. 38, No. S-6; and MMWR; and “Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures”, July 12, 1991, Vol. 40, No. (RR08);1-9. These guidelines are hereby incorporated by reference into this chapter.”

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(10) FS. History–New 1-24-00, Amended 10-27-10.

(1) All forms listed in this section are incorporated by reference. Forms used by the public may be obtained from the county health department in the county of their location or the Department of Health, 4052 Bald Cypress Way, BIN A08, Tallahassee,Florida 32399-1710.

• (a) DH Form 4124, 11/02, Body Piercing Salon Inspection Report.
• (b) DH Form 4122, 9/02, Body Piercing Salon Injury Report.
• (c) DH Form 4121, 11/02, Body Piercing Salon Citation of Violation.
• (d) DH Form 4123, 10/99 Body Piercing Salon Stop Use Order.

(2) Upon receipt of a properly completed DH Form 4120, 10/99, Application for a Body Piercing Salon License, the department shall process the application in accordance with the provisions of Chapter 120.60, F.S., and agency procedures.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(5) (b), (9),(10) FS. History–New 1-24-00, Amended 1-28-03.

• Structural, electrical, mechanical, ventilation, and plumbing components of buildings shall comply with local building and zoning codes. Walls, floors, ceilings, and equipment in all areas of a salon shall be maintained in a clean condition and in good repair.
• Walls, floors, and procedure surfaces of equipment in areas where body-piercing procedures are conducted, where equipment and instruments are cleaned, and in restrooms shall be smooth non-absorbent and washable; except that, wooden floors may be used in these areas provided they are, at a minimum,varnished or sealed with a commercial water repelling coating and maintained as such. After use by each customer, all procedure surfaces shall be cleaned and sanitized with a sanitizer that has a demonstrated tuberculocidal activity, as indicated by the product label.
• Effective measures shall be taken by the salon operator to protect against the entrance, breeding or presence of insects, vermin and rodents in a salon. Openings to the outside shall be protected by such means as self-closing doors, screened or closed windows or controlled air currents. Screening material shall not be less than 16 mesh to the inch.
• There shall be a minimum of forty-five(45) square feet of floor space in the body piercing area for each person performing body piercing in the salon. Each salon shall have an area that can be screened from public view for customers requesting privacy. Multiple body piercing stations shall be separated by such means as dividers, curtains or partitions that are cleanable.
• Each salon shall be provided with an artificial light source equivalent to a minimum of twenty (20) foot candles three (3) feet off the floor, except that at least one hundred (100) foot candles shall be provided at the level where the body piercing procedure is being performed, and where instruments and sharps are assembled. Spotlighting may be used to achieve the one hundred foot candle requirement.
• A handsink separate from handsinks in restrooms, liquid so ap, and disposable single-use paper towels shall be readily accessible and located within each body piercing area or centrally located within the overall work room or area, so each piercing area has access to the handsink. One handsink shall serve no more than three body piercing personnel. Hot water at handsinks sh all not exceed 120 degrees Fahrenheit.
• Restrooms shall be supplied with liquid soap, toilet tissue, single-use paper towels, and a waste receptacle.
• At least one waste receptacle shall be provided in each body piercing area. Solid waste shall be collected, stored, and disposed of in a manner and frequency that does not create a sanitary nuisance, as that term is defined in Chapter 386, F.S. Biomedical waste, as that term is defined in paragraph 381.0098(2)(a), F.S., shall be managed in accordance with Chapter 64E-16,F.A.C
• Other equipment and supplies necessary for providing body-piercing services and for cleaning and sterilizing instruments shall be provided. This includes at least a separate one compartment sink with hot and cold running water under pressure for cleaning instruments, an autoclave, instruments and single use supplies for performing piercings, work tables or counters, customer chairs, and storage cabinets or containers for storing clean and sterilized instruments and supplies. All surfaces of equipment shall be made of smooth, non-absorbent and non-porous material. Each on e-compartment sink and autoclave must have an adequate size, depth or capacity to submerge or otherwise accommodate the instruments being cleaned or autoclaved . Salons that use ultrasonic units with heating elements to clean their instruments, shall not be required to have hot water at the one-compartment sink; provided the heating elements can heat th e cleaning solution to at least the minimum temperature required by this chapter and maintain that temperature throughout the cleaning cycle.
• Animals shall not be allowed in a body-piercing salon, exce pt as provided under Section 413.08, F.S. Aquariums with fish shall be allowed in waiting rooms and nonprocedural areas.
• Except for first aid purposes, smoking, eating, or drinking is prohibited in areas where body-piercing procedures are performed or where instruments and supplies are cleaned and stored.
• Water supplies shall comply with the provisions of Chapter 64E-8 or 62-550, F.A.C.
• Sewage disposal shall comply with the provisions of Chapter 64E-6 or 62-600, F.A.C.
• There shall not be a direct opening between a body piercing salon and any building or portion of a building used as living or sleeping quarters or as a food establishment. This shall be accomplished, at a minimum, by a solid floor to ceiling wall of separation.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(10), (11) FS. History–New 1-24-00, Amended 10-27-10.

• All non-disposable instruments used for body piercing shall be cleansed and sterilized after each use in the manner prescribed in Section 381.0075(11), F.S., including the temperature requirements Autoclave sterilization shall be conducted for the cycle of time and corresponding operating pressure recommended by the manufacturer of the autoclave. Sanitizers used in the cleaning process must have demonstrated tuberculocidal activity, as indicated by the product label, and be registered with the U.S. Environmental Protection Agency. Jewelry may be sterilized with a liquid chemical sterilant that is cleared for use by the U.S. Food and Drug Administration as long as the jewelry is sterilized according to the procedures on the product label.
• Unless otherwise specified by the autoclave manufacturer, instruments that are to be autoclaved must be packed individually in single use paper peel-packs or other containers designed for sterilizing instruments and marked with the expiration date. The expiration date shall not exceed 30 days from the date autoclaved.
• All sterilized instruments shall remain stored in sterilized containers until just prior to performing a body piercing procedure. Where several instruments are sterilized at the same time in the same container, such as in a single use setup, once the container is opened, any instruments not used immediately in a procedure must be resterilized.
• In addition to the indicator requirements of Section 381.0075(11)(b)2., F.S., body-piercing salons shall demonstrate, using spore destruction tests, that their autoclaves are capable of attaining the minimum operating standards specified in subsection (1) above. These tests shall be performed every 40 hours of autoclave operation, but not less than on a quarterly basis. A log shall be kept to document the hours of autoclave operation, and the spore tests shall be verified through an independent laboratory.
• Autoclaves shall be cleaned at the frequency recommended by the manufacturer. Autoclaves shall be serviced at the frequency recommended by the manufacturer, but not less than once a year. A copy of the manufacturer’s instructions for cleaning and servicing the autoclave must be maintained on file in the salon.
• All clean or packaged sterilized instruments and supplies shall be stored in clean, dry closed cabinets or tightly covered containers.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(10), (11) FS. History–New 1-24-00, Amended 1-28-03.

• Persons performing body-piercing procedures must use aseptic techniques and sterile instruments as specified in Section 381.0075(11)(a)1., F.S., at all times during the practice of body piercing. Before and after performing piercing procedures, piercers must thoroughly wash their hands in hot running water with liquid soap, rinse their hands and dry them with single-use disposable paper towels.
• When performing body-piercing procedures, piercers shall wear disposable sterile medical gloves. Gloves shall be discarded after the completion of each procedure on an individual customer in accordance with Chapter 64E-16, F.A.C. Should gloves become torn, punctured, or otherwise contaminated, piercers shall rewash their hands immediately using the procedure described in subsection (1) above, and put on a new pair of sterile gloves.
• Piercers shall wear protective eyewear if the piercer determines that spattering is likely to occur.
• Only jewelry and instruments that are sterilized and free of nicks, scratches, or irregular surfaces, and prepackaged single use sterile gauze or cotton swabs shall be used in piercing procedures. Jewelry must meet the requirements of Section 381.0075(11)(a)5., F.S.
• Single use items contaminated prior to or during the procedure shall be discarded immediately and replaced with new ones before the procedure may resume.
• Any skin or mucous membrane surface to receive a body piercing procedure shall be free of rash, infection or any other visible disease condition.
• Piercers shall be free of any infection or any other visible disease condition that may be transmitted as a result of carrying out the piercing procedure.
• Preparation and Care of the Pierced Area.
• (a) If shaving is necessary prior to a body-piercing procedure, a single-use disposable razor shall be used. In accordance with Section 381.0075(11)(a)4., F.S., before performing a body piercing procedure, the skin and surrounding area where the piercing is to be done shall be thoroughly cleansed with a solution labeled as an antiseptic for preparation of the skin 1) prior to surgery, or 2) prior to an injection. The antiseptic solution shall be used in accordance with the manufacturer’s instructions. A single use sterile gauze pad or other suitable sterile product shall be used for applying the antiseptic solution. Before an oral piercing procedure,customers must rinse their mouths with an antiseptic mouthwash.
• In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be sterile single-use products.
• Upon completion of the body piercing procedure, piercers must apply an antiseptic solution to the pierced area with a sterile single-use cotton swab or gauze pad.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(10), (11) FS. History–New 1-24-00, Amended 1-28-03, 10-27-10.

• Informed Consent. Verbal and written educational information, approved by county health departments, shall be given to customers wanting to receive body-piercing procedures before the procedures begin. The information shall provide, at a minimum, a brief description of the piercing procedure, any precautions to be taken by the customer before the piercing, a description of the risks and possible consequences of body piercing services, instructions for care and restrictions following a piercing procedure, and restrictions against the piercing of minors prescribed by this chapter and Section 381.0075, F.S. Prior to the piercing, customers shall sign and date a statement indicating they received and discussed the information with the operator or piercer. Operators and piercers shall sign and date the statement as well, and retain the original with all other required records. A copy of the statement shall be provided to the customer upon request of the customer. The operator shall also post in public view the name, address and phone number of the county health department having jurisdiction over the facility and the procedure for filing a complaint.
• Reporting Complaints of Injuries. As specified in Section 381.0075(11)(a)8., F.S., any injury or complaint of injury, suspected infections that required treatment by a licensed practitioner, or any notifiable diseases resulting from the body-piercing procedure that become known to the operator shall be reported to the local county health department by the operator within 72 hours of the operator becoming aware of the complaint or condition. The report shall be submitted on DH Form 4122, 9/02, Body Piercing Salon Injury Report.
• Customer Records. Records must be maintained in accordance with Section 381.0075(11)(a)7., F.S., and shall include the following:
• (a) The customer’s address and telephone number;
• (b) Their date of birth, race and sex;
• (c) Their physician’s name, address and telephone number;
• (d) The name, telephone number and address of an emergency contact person for the customer;
• (e) A list of allergies, including allergies to medicines or topical solutions used by the establishment;
• (f) History of bleeding disorders;
• (g) The date of the customer’s initial visit and any subsequent visits;
• (h) The body part or location that was pierced;
• (i) A description of the jewelry used in the piercing;
• (j) A description of any complications that occurred at the time of the piercing procedure;
• (k) Copies of the signed statement for receipt of educational information required in subsection 64E-19.007(1), F.A.C., of this chapter;
• (l) Copies of the written notarized parental consent statements required by Section 381.0075(7), F.S., for minors. The statements must describe the type of piercings that will be performed on the minor.
• (m) The signature and printed name of the persons performing the piercings at each visit.
• (4) Other Facility Records. The following records must also be maintained by the body-piercing salon.
• (a) Autoclave maintenance records and spore test results required in subsections 64E-19.005(4), (5), F.A.C., of this chapter;
• (b) A copy of this chapter and Section 381.0075, F.S.;
• (c) Records on operators and all persons performing body-piercing services in the salon. Such records shall include their full names, dates of birth, sex, home addresses and telephone numbers, their dates of hire, and their duties and responsibilities. Such records shall be maintained for at least 2 years after a person’s employment ends;
• (d) Documentation of training required by this chapter and Section 381.0075(11)(b)6., F.S., for operators and piercers.
• (e) A complete description of all body piercing procedures provided;
• (5) Records required by this section shall be maintained at each salon for the current licensing period. Records may be stored elsewhere after that time frame, but they must be stored in accordance with this chapter and be made available for review by the department upon request of the department.
• (6) Training.
• (a) Operators and piercers shall complete formal training that meets the requirements of subsection 64E-19.002(7), F.A.C., of this chapter. When formal training courses are not available within a one hundred-mile radius of the body-piercing salon where the piercer is employed, piercers may substitute the successful completion of a correspondence course. Correspondence courses must meet the same subject matter requirements as formal training in order to qualify as acceptable substitutes for formal training.
• (b) The training required initially for each operator and piercer shall include all of the subjects listed in subsection 64E- 19.002(7), F.A.C. Operators and piercers shall receive training annually thereafter in any one subject or combination of subjects listed in subsection 64E-19.002(7), F.A.C.
• (c) Each formal training course shall include written material which covers the required subjects, such as a core training manual; or audio-visual presentations which cover the required subjects, such as slides or videos; and a question and answer period or format for trainees. A certificate, card, or other form of written documentation shall be provided to trainees who successfully complete the course.
• (d) Operators and piercers must complete the required training prior to assuming responsibilities in a salon.
• (e) Training courses required by this chapter must be presented by a person or persons who possess the knowledge, experience and credentials to teach the required subjects as cited in “Knowledge, Experience, and Credentials for Trainers per Chapter 64E-19,F.A.C.”, May 16. 2002, herein incorporated by reference and available upon request from the Bureau of Facility Programs, 4052 Bald Cypress Way, BIN A08, Tallahassee, Florida 32399-1710. Any individual or organization requesting the department to review their training courses for compliance with the requirements of this chapter shall submit copies of their training materials to the Bureau of Facility Programs, at the above address. The materials submitted must include credentials of trainers and persons compiling the training materials, a copy of the classroom or correspondence course curriculum, and copies of written materials to be received by trainees. The bureau shall review the materials and inform the applicant of its findings within 30 days from receipt of the last training materials received from the applicant. When changes are made to a training course that has been reviewed and accepted by the department, those changes shall also be submitted to the bureau for review prior to implementing the changes.
Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(7), (10), (11) FS. History–New 1-24-00, Amended 1-28-03, 10-27-10.

• Department personnel shall inspect each body-piercing salon to ensure compliance with this chapter and with Section 381.0075, F.S., prior to issuing a license to the salon.
• Department personnel shall be granted access to the premises of a body-piercing salon during a salon’s normal hours of operation, including access to customer and personnel records to conduct epidemiological investigations.

Rulemaking Authority 381.0075(10) FS. Law Implemented 381.0075(9)(a) FS. History–New 1-24-00.

It is the intent of the Legislature to protect the health, safety, and welfare of the public from the spread of infectious diseases from practices that prick, pierce, or scar the skin and therefore, to that end, to regulate body-piercing salons.

• “Body piercing” means for commercial purposes the act of penetrating the skin to make, generally permanent in nature, a hole, mark, or scar. “Body piercing” does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.
• “Body-piercing salon” means a place where body piercing occurs.
• “Department” means the Department of Health.
• “Establishment” means a body-piercing salon as defined in this section.
• “Jewelry” means any personal ornament inserted into a pierced area other than the outer perimeter or lobe of the ear.
• “Licensee” means any person licensed under this section who is responsible for compliance with this section and the rules adopted under this section.
• “Operator” means an individual designated by a licensee to control the operation of an establishment.
• “Person” means any individual, partnership, corporation, or association.
• “Safe level” means not more than 50 colonies of microorganisms per 4 square inches of equipment or device surface.
• “Sanitization” means the effective bactericidal treatment of surfaces of equipment and devices by a product registered by the United States Environmental Protection Agency which provides a sufficient concentration of chemicals and enough time to reduce the bacterial count, including pathogens, to a safe level.
• “Sterilization” means the use of procedures that destroy all microbial life, including viruses, on the equipment or device.
• “Stop-use order” means a written notice from the department to a licensee requiring the licensee to remove a piece of equipment or cease conducting a particular procedure because the equipment is not being operated or the procedure conducted in accordance with the requirements of this section or any rule adopted pursuant thereto.
• “Temporary establishment” means a body-piercing establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration.

This section does not apply to the practice of any licensed health care professional under the regulatory jurisdiction of the department as long as the person does not hold himself or herself out as a body-piercing establishment.

A person may not operate an establishment unless it is licensed under this section.

Any person operating an establishment must obtain a license from the department annually.

A license for an establishment is not transferable from one place or person to another.

A license automatically expires on September 30 of each year unless renewed by the department upon the request of the licensee.

A current license must be displayed in a public area of the establishment.

A person operating a temporary establishment must receive a temporary license from the department prior to operation. The department must be contacted at least 7 days prior to commencement of operation of the establishment and must conduct an inspection of the establishment to ensure compliance with licensing requirements prior to issuing the temporary license.

• A person must apply to the department for an establishment license prior to commencement of operation and must apply for annual renewal of the license in order to continue operation.
• Application for an initial license or the renewal of a license must be on a form provided by the department and must be accompanied by the annual or prorated fee required in this section.
• The licensee must report any change in the application information to the department before the change may be put into operation.

• Fees assessed under this section shall be reasonably calculated to cover the cost of regulation under this section, may be used only to meet the costs of carrying out the requirements of this section, and are nonrefundable.
•  A person applying for initial licensure or reactivation of an expired license at the beginning of the licensing period or for renewal of a license shall pay the full fee. All other applicants, whether for initial licensure or reactivation of an expired license, shall pay a prorated fee based on the number of quarters left until September 30.
•  Fees must be received by the department within 30 days after receipt of written notification from the department that a fee is due. Failure to pay timely will result in the assessment of a late fee. Fees are payable to the county health department in the county where the establishment is located.
•  The fees assessed under this section are, unless prorated, as follows:
• 1. The annual license fee, or license renewal fee, for a body-piercing salon is $150.
• 2. Each late fee is $100.
• 3. The fee for a temporary establishment license is $75.

A person may not perform body piercing on a minor without the written notarized consent of the minor’s parent or legal guardian, and an establishment may not perform body piercing on a minor under the age of 16 unless the minor is accompanied by a parent or legal guardian.

• (a) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
• 1. Owning, operating, or soliciting business as an establishment in this state without first procuring a license from the department, unless specifically exempted by this section.
• 2. Obtaining or attempting to obtain a license to operate an establishment by means of fraud, misrepresentation, or concealment.
• (b) Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:
• 1. Failing to maintain the records required by this section or knowingly making false entries in such records.
• 2. Failing to comply with the requirements regarding minors set forth in subsection (7).
• (c) In addition to any other punishment provided for, the court may suspend or revoke the license of any licensee under this section who has been found guilty of any violation of paragraph (a) or paragraph (b).
• (d) If the department or any state attorney has probable cause to believe that an establishment or person has violated any provision of paragraph (a), an action may be brought by the department or the state attorney to enjoin such establishment or person from continuing such violation, or engaging therein or doing any acts in furtherance thereof, and the court may provide any other relief it deems appropriate.

• (a) The department shall inspect or investigate an establishment as necessary, but at least annually, to ensure compliance with this section. Department personnel may, at any reasonable time, enter any establishment licensed under this section or any premises the department has reason to believe is being operated or maintained in violation of this section, to determine compliance with this section or any rule adopted under this section.
• (b) The department may impose an administrative fine, not to exceed $1,000 per violation per day, for the violation of any provision of this section, any rule adopted under this section, or any term or condition of any license issued under this section by the department.
• (c) In determining the amount of fine to be levied for a violation, as provided in paragraph (b), the following factors shall be considered:
• 1. The severity of the violation and the extent to which the provisions of this section, the rules adopted under this section, or any terms or conditions of any license issued under this section were violated.
• 2. Actions taken by the licensee to correct the violation.
• 3. Any previous violations by the licensee.
• (d) The department may issue a stop-use order, or institute legal action for injunctive or other relief, to enforce any provision of this section.
• (e) The department may cancel, revoke, or suspend a license to operate an establishment if the licensee:
• 1. Fails to pay any fee required by this section;
• 2. Obtains or attempts to obtain a license under this section by fraud, misrepresentation, or concealment; or
• 3. Violates any provision of this section or any rule adopted under this section.
• (f)
• 1.The department may issue a citation that contains an order of correction or an order to pay a fine, or both, for any violation of this section or the rules adopted under this section, when the violation of the section or rule is enforceable by an administrative or civil remedy or when the violation of the section or rule is a misdemeanor of the second degree. A citation constitutes a notice of proposed agency action.
• 2. A citation must be in writing and must describe the particular nature of the violation, including specific reference to the provision of law or rule allegedly violated.
• 3. The fines imposed by a citation may not exceed $1,000 for each violation. Each day the violation exists constitutes a separate violation for which a citation may be issued.
• 4. The department shall inform the recipient of a citation, by written notice pursuant to ss. 120.569 and 120.57, of the right to an administrative hearing to contest the citation within 21 days after the date the citation is received. The citation must contain a conspicuous statement that if the recipient fails to pay any fine levied against the recipient within the time allowed or fails to appear to contest the citation after having requested a hearing, the recipient has waived the recipient’s right to contest the citation and must pay the maximum fine.
• 5. The department may reduce or waive any fine imposed by a citation. In determining whether to reduce or waive a fine, the department must consider the gravity of the violation, the person’s attempts at correcting the violation, and the person’s history of previous violations for which enforcement actions were taken under this section.
• 6. Any person who willingly refuses to sign and accept a citation issued by the department commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
• 7. This paragraph provides an alternative means of enforcing this section, but does not prohibit the department from enforcing this section or the rules adopted under this section by any other means. However, the department may use only a single method of enforcement for each violation.
• (g) The department shall deposit all fines it collects under this section in the County Health Department Trust Fund for use in providing services specified in this section.

The department has authority to adopt rules to implement this section. Such rules may include sanitation practices, sterilization requirements and procedures, patient record content requirements, personnel record retention requirements, patient notification requirements and procedures, physical plant requirements, light requirements, and enforcement procedures.

• (a) A body-piercing salon must:
• Properly sterilize all instruments that pierce the skin, directly aid in piercing the skin, or may come in contact with instruments that pierce the skin, through such means as storage in trays with other instruments or contact with forceps, in accordance with the sterilization procedures in this section.
• Sanitize all equipment indirectly used in body piercing, including any beds, tables, headrests, armrests, legrests, or handrails.
• Use protective infection barriers such as gloves and masks when serving a customer. If the protective barriers are contaminated, they must be properly disposed of immediately. Protective barriers may only be used once and only for one customer.
• To the degree possible, thoroughly cleanse the area to be pierced with an antiseptic solution before and after the piercing.
• Use only jewelry that is made of implant grade high-quality stainless steel, solid gold of at least 14K weight, niobium, titanium, platinum, a dense, low-porosity plastic, or silver and that is free of nicks, scratches, or irregular surfaces.
• Provide each customer with written instructions on the proper care of the pierced area so as to prevent infection.
• Maintain a record of each customer’s visit for a period of not less than 2 years, including, but not limited to, the customer’s name, date of visit, and area pierced and the name of the person performing the piercing.
• Report any injury or any complaint of injury to the department on forms prescribed by the department and provide a copy of the report to the complainant.
• (b) Sterilization procedures must include the following:
• Proper autoclaving must be done according to the autoclave manufacturer’s instructions.
• There must be a sterilization indicator in each autoclaving to monitor the sterilization procedure. The indicator must indicate exposure to steam and 250° Fahrenheit.
• Contaminated instruments must be sterilized in the following manner:
• a. The contaminated instruments must be thoroughly cleansed with an antiseptic solution, according to the instructions for the antiseptic solution, and hot water.
• b. The contaminated instruments and all other instruments, must be packaged properly and loaded correctly into the autoclave.
• c. The contaminated instruments must be sterilized by autoclave.
• All sterilized instruments must be stored and handled in a manner that maintains sterility.
• Autoclaves must be cleaned regularly and serviced at least once a year.
• Each body-piercing salon utilizing autoclave sterilization techniques must post the sterilization procedures and ensure that personnel responsible for performing the sterilization procedures are adequately trained.
• All staff must be trained in proper infection-control procedures.
• Presterilized, prewrapped, disposable instruments may be used, but must be used in accordance with the manufacturer’s instructions.
• (c) The body-piercing salon must be in compliance with s. 381.0098.

These rules provide minimum standards relating to tattoo artists and tattoo establishments, including licensure and registration requirements, operational requirements, standards of practice, and a fee schedule.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00787, 381.00791 FS. History–New 9-5-12.

1. Alcohol-based hand sanitizer – An antimicrobial skin sanitizer which contains a minimum concentration of at least 60% alcohol.
2. Aseptic technique – Practices used by a tattoo artist to prevent cross contamination.
3. Compromised package – A wet, torn, or stained package.
4. Contaminated – means the presence of disease-causing organisms on inanimate objects or surfaces.
5. Cross contamination – The act of spreading disease-causing organisms from one surface to another.
6. Department – The Department of Health and its representative county health departments.
7. Disinfect – The use of a product registered with the United States Environmental Protection Agency (USEPA) as a tuberculocidal disinfectant which results in the reduction in the number of disease-causing organisms on objects or surfaces, thereby rendering them safe for handling and use.
8. Equipment – All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a tattoo establishment.
9. Fixed – Incapable of being moved.
10. Government-issued photo identification – A document issued by a state, federal, or foreign government containing the photo of the person it is identifying.
11. Inactive license – A tattoo establishment or artist license which has not been renewed on or before the date of expiration.
12. Instruments – Hand pieces and other tools that may come in contact with a customer’s body or be exposed to body fluids during tattooing procedures.
13. Minor – An individual who is less than eighteen (18) years of age.
14. Person – Any individual, partnership, corporation, association, or public body.
15. Registered business name – The name, as registered with the Department of State, under which a tattoo establishment operates.
16. Registered agent for service of process – A person, as registered with the Department of State, authorized by a tattoo establishment to receive legal notices for the establishment.
17. Single-use – means products or items that are intended for one-time, one-person use and are disposed of after use on each customer, such as cotton swabs or balls, gauze pads, tissues or paper products, sanitary coverings, razors, instruments that pierce the skin, and protective gloves.
18. Spore strip – A device used to monitor the sterilization process in a steam autoclave to ensure destruction of Geobacillus stearothermophilus spores.
19. Sterilization – The use of a steam autoclave to destroy all forms of microbial life, including spores.
20. Tattoo artist – A tattoo artist as defined in Section 381.00771, F.S., including an artist who performs cosmetic tattooing.
21. Unobstructed access – A situation where an artist can wash their hands and return to the tattooing area without recontaminating their hands by handling an object such as a door knob.

These rules provide minimum standards relating to tattoo artists and tattoo establishments, including licensure and registration requirements, operational requirements, standards of practice, and a fee schedule.

Rulemaking Authority 381.00789 FS. Law Implemented 381.00789 FS. History–New 9-5-12.

(1) An applicant seeking initial licensure as a tattoo artist shall submit a completed application for licensure to the department on form DH 4147, 8/12, Application for Tattoo Artist License, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-01524 or http://www.myfloridaeh.com/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C., and the following documentation is attached:
(a) A copy of a government issued photo identification confirming the applicant is at least 18 years of age.
(b) A copy of the certificate of training proving completion of a department approved course on blood-borne pathogens and communicable diseases with having achieved a minimum score of seventy percent (70%) on the course examination.
(2) A tattoo artist’s license is valid, throughout the state of Florida, for one year from the date it is issued.
(3) A tattoo artist seeking licensure renewal shall:
(a) Annually, submit a completed application for license renewal on Form DH 4147 before the date of expiration.
1. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C.
2. A license which has not been renewed on or before the date of expiration shall be deemed inactive. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after the date of expiration.
(b) Not perform tattooing without an active license.
(4) A tattoo artist license shall not be transferrable from one person to another.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00771, 381.00775, 381.00779, 381.00781 FS. History–New 9-5-12.

(1) A guest tattoo artist seeking registration by the department shall:
(a) Submit, at least fourteen (14) days prior to practicing tattooing in any licensed tattoo establishment or licensed temporary tattoo establishment, a completed application for registration to the department on Form DH 4150, 7/12, Application for Guest Tattoo Artist Registration, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives, or from the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-01525 or http://www.myfloridaeh.com/community /Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C., and the following documentation is attached:
1. A copy of a government issued photo identification confirming the applicant is at least 18 years of age.
2. A copy of an active license, registration, or certification in another jurisdiction.
3. A copy of the certificate of training proving completion of a course on blood-borne pathogens and communicable diseases, which meets the requirements specified in paragraph (b).
(b) Complete a department approved course on blood-borne pathogens and communicable diseases with having achieved a minimum score of seventy percent (70%) on the course examination.
1. Completion of the educational course mentioned in paragraph (b), shall not be required when a tattoo artist has completed a blood-borne pathogens and communicable diseases course as a requirement for license, registration, or certification in a jurisdiction outside of the state and, as determined by the department, the course requirements met or exceeded those prescribed in Sections 381.00775(2)(b)4.and 5., F.S., and Rule 64E-28.006, F.A.C.
2. A tattoo artist may submit a course curriculum to the department and request the department conduct a review for determination of the requirements specified in subparagraph (1)(b)1. Requests for curriculum review shall be submitted prior to submission of a completed application for registration of a guest artist.
(2) A guest tattoo artist’s registration is valid for up to fourteen (14) consecutive days, throughout the State of Florida.
(3) A guest tattoo artist shall not perform tattooing without an active guest tattoo artist registration.
(4) A guest tattoo artist registration shall not be transferrable from one person to another.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00775 FS. History–New 9-5-12.

(1) Licensure of a permanent tattoo establishment:
(a) Prior to performing tattooing, a completed application shall be submitted to the county health department on form DH 4151, 8/12, Application for Tattoo Establishment Licensure, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the establishment is physically located, or from the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-01526 or http://www.myfloridaeh.com/community/Tattoo/index.html. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C.
(b) A license for a tattoo establishment is valid for one year from the date it is issued.
(c) A license which has not been renewed on or before the date of expiration shall be deemed inactive. If this day falls on a weekend or holiday, a tattoo artist license must be renewed on or before the first working day after the date of expiration.
(2) Licensure of a temporary tattoo establishment:
(a) A completed application to be submitted to the county health department on form DH 4151 at least thirty (30) days prior to performing tattooing. An application shall be considered complete if all of the information requested on the form is provided, along with the fee specified in Rule 64E-28.011, F.A.C.
(b) A license for a temporary tattoo establishment is valid for up to fourteen (14) consecutive days in conjunction with a convention or similar event for which the license is issued.
(3) No tattooing shall be performed at an establishment that does not have an active license.
(4) A tattoo establishment license shall not be transferrable from one location or person to another.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00777 FS. History–New 9-5-12.

(1) All educational courses per Section 381.00775(2)(b)4., F.S., shall be approved by the department. Any person seeking approval of an education course shall submit a request for determination of compliance with the requirements of this rule to the Department of Health, Bureau of Community Environmental Health, 4052 Bald Cypress Way, Bin #A08, Tallahassee, FL 32399. All requests for course approval shall be handled in accordance with Section 120.60, F.S. Requests for course approval shall include submission of the following documentation:
(a) A copy of the credentials of trainers and persons compiling the curriculum.
(b) A copy of the curriculum.
(c) Copies of training materials.
(d) A copy of the test to be given.
(e) A copy of the answers to the test questions.
(f) A copy of the certificate of training to be issued.
(2) The course shall meet the following criteria:
(a) Utilize a classroom-based or internet-based delivery method.
(b) Be specific to the tattoo industry.
(c) Be a minimum of three (3) hours in length, excluding the examination.
(d) Include an opportunity for interactive questions and answers with the person conducting the training.
(e) Include, at a minimum, education and training on blood-borne pathogens, such as human immunodeficiency virus and hepatitis B and C viruses, and communicable diseases, such as hepatitis A, staphyloccocal including those of methicillin-resistant Staphylococcus aureus, tuberculosis, impetigo, scabies, ringworm, molluscum contagiosum, herpes simplex, and herpes zoster, and the prevention of such transmission. This information shall include:
1. Identification of the disease;
2. Identification of the infectious agent;
3. Mode of transmission;
4. Incubation period;
5. Period of communicability; and
6. Prevention of transmission in a tattoo setting.
(f) Be followed by a written examination covering the materials in the course. The examination shall contain a minimum of fifty (50) questions with a passing score of at least seventy percent (70%).
(g) Ensure identity verification and validation for each student taking the internet or classroom course and test.
(3) In addition to that specified in paragraphs (2)(b)-(g) above, internet-based courses shall meet the following criteria:
(a) Each course section shall have a minimum time to finish that section before it is possible to move on to the next section.
(b) Identity verification and validation shall occur prior to the initiation of the internet course, using an identity verifying technology that seeks verification through internet databases using information that is specific to the student’s identity. Following initial identity verification, validation shall occur at least every hour during the course and prior to completing the test.
(c) The course shall automatically terminate when a student fails to answer an identity validation question during a 60-second response time period or a student provides more than one incorrect answer to a validation question. Upon termination, a one-hour waiting period is required before the student is allowed to register again.
(d) At a minimum, the course provider shall include on the internet registration form, initial blocks in which the student indicates agreement with the following information:
1. That the student who registers for the course is the person taking the course.
2. That the student will be asked time-limited identity validation questions during the internet course. The validation questions will ask the student questions about themselves based on information provided by them and obtained through internet databases as described in paragraph (b), above. Failure by a student to answer an identity validation question during a 60-second response time period or a student providing more than one incorrect answer to an identity validation question will cause the course to automatically terminate. Upon termination, a 1-hour waiting period is required before the student is allowed to register again.
(e) A student shall be prevented from proceeding with the internet course should they fail to indicate agreement with each stipulation listed in paragraph (d) above.
(f) A subject matter expert representing the course provider shall be available by telephone or via electronic means during normal business hours to assist students.
(4) In order to ensure that the requirements of this rule section are met, the department may annually register and take the course, as any interested student would.
(5) The course provider shall notify the department in writing within 30 days of determining that a student has attempted or acquired certification by committing fraud, deceit, false statements, or perjury. When this is determined, the course provider shall revoke the certificate.
(6) Any reference to department approval shall state no more than: “This course is approved by the Florida Department of Health for tattoo artist licensure under Section 381.0775, F.S. and Chapter 64E-28, F.A.C.”
(7) Course approval is not transferrable from person to person.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00775 FS. History–New 5-15-12.

(1) Tattoo establishments shall have walls, a floor, and a ceiling. Floors and walls located in the tattooing area, the area where items are cleaned and sterilized, and in the restrooms shall be constructed of non-absorbent, easily cleanable materials. The entire establishment shall be maintained in clean condition and good repair.
(2) There shall not be a direct opening between a tattoo establishment and any building or portion of a building used as living or sleeping quarters. This shall be accomplished, at a minimum, by a solid floor to ceiling wall of separation.
(3) A tattoo establishment shall not be located in an area where food is prepared.
(4) Eating and drinking, except for the purpose of administering first aid, and smoking are prohibited in areas where tattooing is performed or where instruments and supplies are cleaned and stored.
(5) Water supplies shall comply with the provisions of Chapter 64E-8 or 62-550, F.A.C.
(6) Sewage disposal shall comply with the provisions of Chapter 64E-6 or 62-200, F.A.C.
(7) The establishment shall use effective measures to protect against the entrance, breeding, and presence of vermin, such as insects and rodents. Openings to the outside shall be protected by such means as self-closing doors, closed windows, or screening. If screening is used, it shall not be less than sixteen (16) mesh to the inch.
(8) Animals shall not be allowed in a tattoo establishment, except as provided under Section 413.08, F.S. Aquariums with fish shall be allowed in waiting rooms and non-procedural areas only.
(9) Each tattoo establishment shall have an artificial light source equivalent to at least one hundred (100) foot candles in the tattooing area and in the area where items are cleaned and sterilized.
(10) Restrooms shall be supplied with toilet tissue, a hand sink supplied with running water under pressure, liquid soap, a dispenser with single-use paper towels, and a waste receptacle. Signage shall be posted in the restroom to instruct employees that they must thoroughly wash their hands before returning to work.
(11) A handsink with unobstructed access shall be located within each tattoo area or centrally located within the overall workroom area, so that each tattoo artist has access to the handsink for handwashing.
(a) The handsink shall be supplied with running water under pressure, liquid soap, a dispenser with single-use paper towels, and a waste receptacle.
(b) A restroom handsink may be used as the handsink provided that it is located within the tattoo establishment and it meets the above stated requirements.
(12) At a minimum, contaminated, reusable items shall be cleaned manually in a sink, separate from the handsink(s), or mechanically in an ultrasonic machine prior to sterilization.
(a) If items are manually cleaned in a sink, the sink shall be deep enough to allow complete submersion of the items. Gloves shall be worn when manual cleaning is performed.
(b) If items are cleaned in an ultrasonic machine, the machine shall be used in accordance with the manufacturer’s instructions, which shall be available for review by the department at the time of inspection.
(c) After cleaning, items shall be rinsed and allowed to air dry or shall be dried with single-use paper towels prior to packaging for sterilization.
(d) If only individually packaged, pre-sterilized, single-use items are used in the establishment, the cleaning sink and ultrasonic machine requirements do not apply.
(13) A tattoo establishment shall have a steam autoclave for sterilizing instruments.
(a) The autoclave shall be used in accordance with the manufacturer’s instructions for packaging, loading, and processing items.
(b) The autoclave shall be maintained to ensure proper operation.
1. The autoclave shall be cleaned at the frequency recommended by the manufacturer and shall be serviced at least once a year or at the frequency recommended by the manufacturer.
2. A copy of the manufacturer’s instructions for operating, cleaning, and servicing the autoclave shall be maintained in the tattoo establishment and shall be available for review by the department at the time of an inspection.
(14) When using an autoclave, sterilization shall be verified through:
(a) A chemical indicator strip placed inside one packet in each load to monitor the sterilization procedure. The strip must indicate exposure to steam and the autoclave operating temperature.
(b) Testing with spore strips at a minimum frequency of every 40 hours of operation of the autoclave, but not less than on a quarterly basis.
1. Test results shall be confirmed by an independent laboratory.
2. In the event of positive results, the autoclave shall be immediately taken out of service and all unused items processed in the autoclave since the most recent negative test results shall be considered non-sterile.
3. While the autoclave remains out of service, tattooing may continue provided either another properly functioning autoclave is placed in service in the establishment or all single-use, pre-sterilized instruments are used.
4. When the improperly functioning autoclave has been restored to proper function, which shall be confirmed by follow-up testing, it may be placed back in service.
(15) Each tattoo establishment shall maintain autoclave sterilization records onsite. The records shall, at a minimum, include the following information:
(a) Autoclave log showing cumulative run time, quantity and types of items sterilized on a given date, and the date spore strip testing was conducted.
(b) Spore strip results provided by an independent laboratory.
(16) If only individually packaged, pre-sterilized, single-use items are used, an autoclave shall not be required nor the requirements specified in subparagraphs 12., 13., 14., and 15. of this section.
(a) Individually packaged, pre-sterilized, single-use items shall be sterilized with ethylene gas or gamma rays and shall be labeled with the expiration date by the manufacturer.
(b) If a package containing pre-sterilized, single-use items has been compromised, the contents shall be discarded.
(17) Packages of sterile items, which are sterilized by the tattoo establishment, shall be labeled with the date of autoclaving. If any package has been compromised, the items shall be re-sterilized.
(18) All packages of sterile items shall be stored in a clean, dry, covered container or in a clean, dry cabinet until just prior to use.
(19) Work chairs, tables, stands, cabinets, and counter tops shall have a smooth, non-porous, easily cleanable surface, and shall be cleaned and disinfected after each customer.
(20) If any liquid product is not in its original container, the container into which the product has been placed shall be labeled with the name of the product.
(21) Each tattoo establishment shall maintain the following records:
(a) Customer records, including parental consent;
(b) Autoclave sterilization records and maintenance records;
(c) Documentation identifying the method of sterilization utilized by the manufacturer if the information is not printed on the packaging of the item.
(d) The records stated in paragraphs (a), (b), and (c) above shall be maintained for two years with those records for the current licensing period maintained onsite in the establishment and available for review by the department at the time of inspection.
(e) Personnel records of each tattoo artist who works in the establishment. The record shall contain the tattoo artist’s name, address, date of birth, and the license number issued by the department. Personnel records shall be maintained for at least 2 years after an artist’s employment ends.
(22) A tattoo establishment shall allow the department to conduct, at minimum, annual inspections for the purpose of ensuring compliance with Sections 381.00771-.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 7/12, Tattoo Establishment Inspection Report, herein incorporated by reference and which can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-01527 or from the environmental health section of the county health department having jurisdiction.
(23) Biomedical waste shall be managed in accordance with Section 381.0098, F.S. and Chapter 64E-16, F.A.C. Regular solid waste shall be collected, stored and disposed of in a manner and at a frequency that does not create a sanitary nuisance, as defined in Chapter 386, F.S.
(24) Tattoo establishments, currently operating on the effective date of this rule, which are not in full compliance with the handsink and cleaning sink requirements shall have six months from the effective date of this rule to comply with the requirements.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New 9-5-12.

(1) A licensed temporary establishment shall meet the operational requirements set forth in Rule 64E-28.007, F.A.C., with the following exceptions.
(2) A temporary establishment shall have rigid perimeter walls, a rigid floor, and a rigid ceiling. Floors in the tattooing area and the area where items are cleaned and sterilized shall be constructed of nonabsorbent, easily cleanable materials. The entire establishment shall be maintained in clean condition and good repair.
(3) If any tattoo items are sterilized by an artist prior to a temporary event, spore test results confirmed by an independent laboratory, shall be available for review by the department at the time of inspection.
(4) A temporary establishment shall allow the department to conduct, at minimum, an initial inspection prior to and, if deemed necessary, during the convention or similar event for the purpose ensuring compliance with Sections 381.00771-.00791, F.S., and these rules. Results of each inspection shall be recorded on DH Form 4153, 7/12, Tattoo Establishment Inspection Report.
Rulemaking Authority 381.00789 FS. Law Implemented 381.00779 FS. History–New 9-5-12.

(1) A tattoo artist shall ensure that a customer record is completed for each customer. The record shall, at a minimum, include the following:
(a) Name of tattoo artist.
(b) Customer’s name, age, and birthdate.
(c) Description and location of tattoo on the customer’s body.
(d) Signature of the customer.
(e) Signature of the artist.
(f) Date(s) tattooing procedure is performed.
(2) Pursuant to Section 381.00787, F.S., a tattoo artist shall not tattoo the body of a minor less than sixteen (16) years of age.
(3) If tattooing a minor who is sixteen (16) or seventeen (17) years of age, a tattoo artist shall:
(a) Inspect copies of a government-issued photo identification for both the minor and for the parent or legal guardian of the minor. If the photo identification for the minor does not show a birth date, a copy of the minor’s birth certificate shall be provided.
(b) Obtain a signed and notarized consent by the minor’s parent or legal guardian on form DH 4146 , 7/12, Written Notarized Consent For Tattooing of a Minor Child, Age 16 through 17 Years Old, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives or the tattoo establishment is physically located, or from the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-01528 or http://www.myfloridaeh.com/community/Tattoo/index.html.
(c) Complete the requirements of subsection (1).
(4) Prior to or after performing a tattoo procedure on a customer, a tattoo artist shall provide information on aftercare to the customer, both verbally and in writing.
(5) Prior to setup for a tattoo procedure, a tattoo artist shall:
(a) Ensure that the skin area where a tattoo is to be applied is visibly healthy.
(b) Wash their hands thoroughly using liquid soap, rinse them, and dry them using single-use paper towels.
(6) Prior to performing a tattoo procedure, a tattoo artist shall cleanse the area of the skin where the tattoo will be placed using a using a clean, single-use paper towel or pad and a solution labeled as an antiseptic. The antiseptic solution shall be used in accordance with the manufacturer’s instructions.
(7) If hair is to be removed from the area to be tattooed, either a single-use razor shall be used, or clippers which are capable of being disinfected. If hair removal is done after cleansing, the area shall be re-cleansed as specified in subsection (6) above.
(8) While performing a tattoo procedure, a tattoo artist shall:
(a) Use aseptic techniques, including barrier covers on instruments and equipment that may come into contact with the tattoo artist or the customer during the tattoo procedure. Should an artist choose to not use a barrier cover on the tattoo machine, they must disinfect the machine upon completion of the tattoo procedure.
(b) Use only sterile needle bars, sterile needle tubes, and single-use, sterile needles.
(c) Wear new, disposable examination gloves, which shall be discarded after the completion of each single tattooing session.
1. Should the gloves become torn, punctured, or otherwise contaminated outside the general scope of tattooing, or should the gloves come in contact with any object or surface other than the customer’s skin or items being used in the procedure, the gloves shall be removed and discarded and the tattoo artist shall thoroughly wash their hands or apply an alcohol-based hand sanitizer and re-glove before resuming the tattoo session.
2. In the event a tattoo artist must leave the tattooing area, the gloves shall be removed and discarded. The artist shall thoroughly wash their hands or apply an alcohol-based hand sanitizer and re-glove before resuming the tattoo session.
(d) Discard any sterile, single-use items that become contaminated and replace them with sterile items before resuming the procedure.
(e) Use a stencil that is single-use and clean. The product used to apply the stencil shall be packaged as a single dose or dispensed from a product container as a single customer dose.
(f) Any item used for freehand artistry on the customer shall be single-use and discarded after use unless an antiseptic is applied to the skin after marking the skin.
(g) Use inks, dyes, and pigments which are intended for tattooing.
1. Inks shall be used in accordance with the manufacturer’s instructions.
2. Individual portions of inks, dyes, or pigments shall be dispensed into clean single-use cups for each customer.
(9) Any item which an artist adds to a tattoo machine to stabilize the needle shall be either single-use or a reusable item that has been disinfected.
(10) Upon completion of a tattooing procedure, a tattoo artist shall:
(a) Remove any excess ink from the customer’s skin with a single-use clean paper towel or pad.
(b) Use a clean glove, single-use paper towel, or single-use pad to apply a moisturizing ointment or lotion that is packaged as a single dose or is dispensed from a product container as a single customer dose.
(c) If needed, cover the tattooed area with a clean nonstick bandage.
(d) Remove and discard any barriers used to cover instruments and equipment and disinfect both the tattoo machine and the work area with a tuberculocidal disinfectant registered with the USEPA.
(e) Remove any reusable instruments from the tattooing area in preparation for cleaning, rinsing, drying, and sterilization.
(f) Discard any unused ink, dye, or pigment.
(g) Thoroughly wash and rinse hands and dry them with clean single-use paper towels.
Rulemaking Authority 381.00787, 381.00789 FS. Law Implemented 381.00779 FS. History–New 9-5-12.

(1) Tattoo Artist License and Renewal $ 60.00
(2) Guest tattoo Artist Registration and Re-registration $ 35.00
(3) Tattoo Establishment License $200.00
(4) Temporary Establishment License $200.00
(5) Reactivation of Tattoo Artist License $ 25.00
(6) Reactivation of Tattoo Establishment License $ 75.00
Rulemaking Authority 381.00789 FS. Law Implemented 381.00781 FS. History–New 9-24-12.