PHS.7.1.330 Temporary Establishments

(a) In addition to the requirements under Section PHS.7.1.010 to Section PHS.7.1.320 that apply to all tattoo and body piercing establishments, the requirements found under this section apply specifically to temporary establishments.

(b) An agent of the Division who is a Registered Sanitarian may issue temporary establishment and temporary practitioner licenses without the approval of the Department.

(c) No temporary establishment may be operated without a temporary establishment license. An application for a temporary establishment license shall be made under Section PHS.7.1.120 and shall be accompanied by the fee required under Section PHS.7.1.120(c).

(d) No temporary establishment license shall be issued without a prior inspection, however, a pre-inspection fee as required under Section PHS.7.1.100(b) shall not be charged.

(e) A practitioner in a temporary establishment shall not tattoo or body pierce another person without obtaining a temporary practitioner's license, but shall not be required to pay the practitioner license fee under Section PHS.7.1.130(d).

(f) A practitioner in a temporary establishment may be issued a temporary practitioner license if he or she:

(1) has sufficient proof of a valid permanent license, except as provided for under (b); and

(2) is tattooing and/or body piercing in a licensed temporary establishment.

(g) A practitioner in a temporary establishment who is not required to have a license where he or she permanently practices tattooing and/or body piercing may meet the requirements of (f)(1) if he or she demonstrates knowledge of infection control techniques, application of universal precautions and the requirements of this law by:

(1) complying with this law.

(2) providing proof of a valid certificate for the successful completion of a Bloodborne Pathogen training or Universal Precautions training; or

(3) responding correctly to the inspector's questions as they relate to the specific operation of the temporary establishment. This includes explaining:

(A) the significance of universal precautions;

(B) protective actions against bloodborne pathogens, including proper autoclave use; and

(h) An establishment's temporary license along with the temporary license of each on- staff tattooist or body piercer shall be conspicuously displayed in the temporary establishment.

(i) The Division may deny a temporary establishment license or may revoke the license of a temporary establishment if the Division finds a violation of any provision of this law.

(j) A temporary establishment shall have all of the following:

(1) An approved toilet and hand washing facility.

(2) Potable water under pressure.

(3) Hot or tempered water for hand washing and cleaning.

(4) Connection to an approved sewage collection system.