House Bill 0489

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    Florida House of Representatives - 1999                 HB 489

        By Representative Valdes






  1                      A bill to be entitled

  2         An act relating to public health; creating s.

  3         381.0075, F.S.; providing for regulation of

  4         body-piercing salons by the Department of

  5         Health; providing definitions; providing

  6         exemptions; requiring a license to operate a

  7         body-piercing salon and a temporary license to

  8         operate a temporary establishment; providing

  9         licensing procedures and fees; providing

10         requirements with respect to body piercing of

11         minors; prohibiting certain acts; providing

12         penalties; providing for injunction; providing

13         for enforcement; providing rulemaking

14         authority; providing specific requirements for

15         operation of body-piercing salons; providing an

16         effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 381.0075, Florida Statutes, is

21  created to read:

22         381.0075  Regulation of body-piercing salons.--

23         (1)  LEGISLATIVE INTENT.--It is the intent of the

24  Legislature to protect the health, safety, and welfare of the

25  public from the spread of infectious diseases from practices

26  that prick, pierce, or scar the skin and therefore, to that

27  end, to regulate body-piercing salons.

28         (2)  DEFINITIONS.--As used in this section:

29         (a)  "Body piercing" means for commercial purposes the

30  act of penetrating the skin to make, generally permanent in

31  nature, a hole, mark, or scar. "Body piercing" does not

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  1  include the use of a mechanized, presterilized ear-piercing

  2  system that penetrates the outer perimeter or lobe of the ear

  3  or both.

  4         (b)  "Body-piercing salon" means a place where body

  5  piercing occurs.

  6         (c)  "Department" means the Department of Health.

  7         (d)  "Establishment" means a body-piercing salon as

  8  defined in this section.

  9         (e)  "Jewelry" means any personal ornament inserted

10  into a pierced area other than the outer perimeter or lobe of

11  the ear.

12         (f)  "Licensee" means any person licensed under this

13  section who is responsible for compliance with this section

14  and the rules adopted under this section.

15         (g)  "Operator" means an individual designated by a

16  licensee to control the operation of an establishment.

17         (h)  "Person" means any individual, partnership,

18  corporation, or association.

19         (i)  "Safe level" means not more than 50 colonies of

20  microorganisms per 4 square inches of equipment or device

21  surface.

22         (j)  "Sanitization" means the effective bactericidal

23  treatment of surfaces of equipment and devices by a product

24  registered by the United States Environmental Protection

25  Agency which provides a sufficient concentration of chemicals

26  and enough time to reduce the bacterial count, including

27  pathogens, to a safe level.

28         (k)  "Sterilization" means the use of procedures that

29  destroy all microbial life, including viruses, on the

30  equipment or device.

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  1         (l)  "Stop-use order" means a written notice from the

  2  department to a licensee requiring the licensee to remove a

  3  piece of equipment or cease conducting a particular procedure

  4  because the equipment is not being operated or the procedure

  5  conducted in accordance with the requirements of this section

  6  or any rule adopted pursuant thereto.

  7         (m)  "Temporary establishment" means a body-piercing

  8  establishment that operates at a fixed location for a period

  9  of time of not more than 14 consecutive days in conjunction

10  with a single event or celebration.

11         (3)  EXEMPTIONS.--This section does not apply to the

12  practice of any licensed health care professional under the

13  regulatory jurisdiction of the department as long as the

14  person does not hold himself or herself out as a body-piercing

15  establishment.

16         (4)  LICENSE REQUIRED.--

17         (a)  A person may not operate an establishment unless

18  it is licensed under this section.

19         (b)  Any person operating an establishment must obtain

20  a license from the department annually.

21         (c)  A license for an establishment is not transferable

22  from one place or person to another.

23         (d)  A license automatically expires on September 30 of

24  each year unless renewed by the department upon the request of

25  the licensee.

26         (e)  A current license must be displayed in a public

27  area of the establishment.

28         (f)  A person operating a temporary establishment must

29  receive a temporary license from the department prior to

30  operation. The department must be contacted at least 7 days

31  prior to commencement of operation of the establishment and

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  1  must conduct an inspection of the establishment to ensure

  2  compliance with licensing requirements prior to issuing the

  3  temporary license.

  4         (5)  LICENSE APPLICATION.--

  5         (a)  A person must apply to the department for an

  6  establishment license prior to commencement of operation and

  7  must apply for annual renewal of the license in order to

  8  continue operation.

  9         (b)  Application for an initial license or the renewal

10  of a license must be on a form provided by the department and

11  must be accompanied by the annual or prorated fee required in

12  this section.

13         (c)  The licensee must report any change in the

14  application information to the department before the change

15  may be put into operation.

16         (6)  FEES.--

17         (a)  Fees assessed under this section shall be

18  reasonably calculated to cover the cost of regulation under

19  this section, may be used only to meet the costs of carrying

20  out the requirements of this section, and are nonrefundable.

21         (b)  A person applying for initial licensure or

22  reactivation of an expired license at the beginning of the

23  licensing period or for renewal of a license shall pay the

24  full fee. All other applicants, whether for initial licensure

25  or reactivation of an expired license, shall pay a prorated

26  fee based on the number of quarters left until September 30.

27         (c)  Fees must be received by the department within 30

28  days after receipt of written notification from the department

29  that a fee is due. Failure to pay timely will result in the

30  assessment of a late fee. Fees are payable to the county

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  1  health department in the county where the establishment is

  2  located.

  3         (d)  The fees assessed under this section are, unless

  4  prorated, as follows:

  5         1.  The annual license fee, or license renewal fee, for

  6  a body-piercing salon is $150.

  7         2.  Each late fee is $100.

  8         3.  The fee for a temporary establishment license is

  9  $75.

10         (7)  MINORS.--A person may not perform body piercing on

11  a minor without the written notarized consent of the minor's

12  parent or legal guardian, and an establishment may not perform

13  body piercing on a minor under the age of 16 unless the minor

14  is accompanied by a parent or legal guardian.

15         (8)  PROHIBITED ACTS; PENALTIES; INJUNCTION.--

16         (a)  Each of the following acts constitutes a felony of

17  the third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084:

19         1.  Owning, operating, or soliciting business as an

20  establishment in this state without first procuring a license

21  from the department, unless specifically exempted by this

22  section.

23         2.  Obtaining or attempting to obtain a license to

24  operate an establishment by means of fraud, misrepresentation,

25  or concealment.

26         (b)  Each of the following acts constitutes a

27  misdemeanor of the second degree, punishable as provided in s.

28  775.082 or s. 775.083:

29         1.  Failing to maintain the records required by this

30  section or knowingly making false entries in such records.

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  1         2.  Failing to comply with the requirements regarding

  2  minors set forth in subsection (7).

  3         (c)  In addition to any other punishment provided for,

  4  the court may suspend or revoke the license of any licensee

  5  under this section who has been found guilty of any violation

  6  of paragraph (a) or paragraph (b).

  7         (d)  If the department or any state attorney has

  8  probable cause to believe that an establishment or person has

  9  violated any provision of paragraph (a), an action may be

10  brought by the department or the state attorney to enjoin such

11  establishment or person from continuing such violation, or

12  engaging therein or doing any acts in furtherance thereof, and

13  the court may provide any other relief it deems appropriate.

14         (9)  ENFORCEMENT.--

15         (a)  The department shall inspect or investigate an

16  establishment as necessary, but at least annually, to ensure

17  compliance with this section. Department personnel may, at any

18  reasonable time, enter any establishment licensed under this

19  section or any premises the department has reason to believe

20  is being operated or maintained in violation of this section,

21  to determine compliance with this section or any rule adopted

22  under this section.

23         (b)  The department may impose an administrative fine,

24  not to exceed $1,000 per violation per day, for the violation

25  of any provision of this section, any rule adopted under this

26  section, or any term or condition of any license issued under

27  this section by the department.

28         (c)  In determining the amount of fine to be levied for

29  a violation, as provided in paragraph (b), the following

30  factors shall be considered:

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  1         1.  The severity of the violation and the extent to

  2  which the provisions of this section, the rules adopted under

  3  this section, or any terms or conditions of any license issued

  4  under this section were violated.

  5         2.  Actions taken by the licensee to correct the

  6  violation.

  7         3.  Any previous violations by the licensee.

  8         (d)  The department may issue a stop-use order, or

  9  institute legal action for injunctive or other relief, to

10  enforce any provision of this section.

11         (e)  The department may cancel, revoke, or suspend a

12  license to operate an establishment if the licensee:

13         1.  Fails to pay any fee required by this section;

14         2.  Obtains or attempts to obtain a license under this

15  section by fraud, misrepresentation, or concealment; or

16         3.  Violates any provision of this section or any rule

17  adopted under this section.

18         (f)1.  The department may issue a citation that

19  contains an order of correction or an order to pay a fine, or

20  both, for any violation of this section or the rules adopted

21  under this section, when the violation of the section or rule

22  is enforceable by an administrative or civil remedy or when

23  the violation of the section or rule is a misdemeanor of the

24  second degree. A citation constitutes a notice of proposed

25  agency action.

26         2.  A citation must be in writing and must describe the

27  particular nature of the violation, including specific

28  reference to the provision of law or rule allegedly violated.

29         3.  The fines imposed by a citation may not exceed

30  $1,000 for each violation. Each day the violation exists

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  1  constitutes a separate violation for which a citation may be

  2  issued.

  3         4.  The department shall inform the recipient of a

  4  citation, by written notice pursuant to ss. 120.569 and

  5  120.57, of the right to an administrative hearing to contest

  6  the citation within 21 days after the date the citation is

  7  received. The citation must contain a conspicuous statement

  8  that if the recipient fails to pay any fine levied against the

  9  recipient within the time allowed or fails to appear to

10  contest the citation after having requested a hearing, the

11  recipient has waived the recipient's right to contest the

12  citation and must pay the maximum fine.

13         5.  The department may reduce or waive any fine imposed

14  by a citation. In determining whether to reduce or waive a

15  fine, the department must consider the gravity of the

16  violation, the person's attempts at correcting the violation,

17  and the person's history of previous violations for which

18  enforcement actions were taken under this section.

19         6.  Any person who willingly refuses to sign and accept

20  a citation issued by the department commits a misdemeanor of

21  the second degree, punishable as provided in s. 775.082 or s.

22  775.083.

23         7.  This paragraph provides an alternative means of

24  enforcing this section, but does not prohibit the department

25  from enforcing this section or the rules adopted under this

26  section by any other means. However, the department may use

27  only a single method of enforcement for each violation.

28         (g)  The department shall deposit all fines it collects

29  under this section in the County Health Department Trust Fund

30  for use in providing services specified in this section.

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  1         (10)  RULES.--The department may adopt rules not

  2  inconsistent with law which are necessary to implement and

  3  administer this section. The rules may include sanitation

  4  practices, sterilization requirements and procedures, patient

  5  record content requirements, personnel record retention

  6  requirements, patient notification requirements and

  7  procedures, physical plant requirements, light requirements,

  8  and enforcement procedures.

  9         (11)  BODY-PIERCING SALONS; SPECIFIC REQUIREMENTS.--

10         (a)  A body-piercing salon must:

11         1.  Properly sterilize all instruments that pierce the

12  skin, directly aid in piercing the skin, or may come in

13  contact with instruments that pierce the skin, through such

14  means as storage in trays with other instruments or contact

15  with forceps, in accordance with the sterilization procedures

16  in this section.

17         2.  Sanitize all equipment indirectly used in body

18  piercing, including any beds, tables, headrests, armrests,

19  legrests, or handrails.

20         3.  Use protective infection barriers such as gloves

21  and masks when serving a customer. If the protective barriers

22  are contaminated, they must be properly disposed of

23  immediately. Protective barriers may only be used once and

24  only for one customer.

25         4.  To the degree possible, thoroughly cleanse the area

26  to be pierced with an antiseptic solution before and after the

27  piercing.

28         5.  Use only jewelry that is made of implant grade

29  high-quality stainless steel, solid gold of at least 14K

30  weight, niobium, titanium, platinum, a dense, low-porosity

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  1  plastic, or silver and that is free of nicks, scratches, or

  2  irregular surfaces.

  3         6.  Provide each customer with written instructions on

  4  the proper care of the pierced area so as to prevent

  5  infection.

  6         7.  Maintain a record of each customer's visit for a

  7  period of not less than 2 years, including, but not limited

  8  to, the customer's name, date of visit, and area pierced and

  9  the name of the person performing the piercing.

10         8.  Report any injury or any complaint of injury to the

11  department on forms prescribed by the department and provide a

12  copy of the report to the complainant.

13         (b)  Sterilization procedures must include the

14  following:

15         1.  Proper autoclaving must be done according to the

16  autoclave manufacturer's instructions.

17         2.  There must be a sterilization indicator in each

18  autoclaving to monitor the sterilization procedure. The

19  indicator must indicate exposure to steam and 250° Fahrenheit.

20         3.  Contaminated instruments must be sterilized in the

21  following manner:

22         a.  The contaminated instruments must be thoroughly

23  cleansed with an antiseptic solution, according to the

24  instructions for the antiseptic solution, and hot water.

25         b.  The contaminated instruments and all other

26  instruments, must be packaged properly and loaded correctly

27  into the autoclave.

28         c.  The contaminated instruments must be sterilized by

29  autoclave.

30         4.  All sterilized instruments must be stored and

31  handled in a manner that maintains sterility.

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  1         5.  Autoclaves must be cleaned regularly and serviced

  2  at least once a year.

  3         6.  Each body-piercing salon utilizing autoclave

  4  sterilization techniques must post the sterilization

  5  procedures and ensure that personnel responsible for

  6  performing the sterilization procedures are adequately

  7  trained.

  8         7.  All staff must be trained in proper

  9  infection-control procedures.

10         8.  Presterilized, prewrapped, disposable instruments

11  may be used, but must be used in accordance with the

12  manufacturer's instructions.

13         (c)  The body-piercing salon must be in compliance with

14  s. 381.0098.

15         Section 2.  This act shall take effect October 1, 1999.

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17            *****************************************

18                          HOUSE SUMMARY

19
      Provides for regulation of body-piercing salons by the
20    Department of Health. Defines terms and provides
      exemptions. Requires a license to operate a body-piercing
21    salon and a temporary license to operate a temporary
      establishment. Provides licensing procedures and fees.
22    Prohibits body piercing of a minor without consent of a
      parent or legal guardian and, if less than 16 years of
23    age, without being accompanied at the establishment by a
      parent or legal guardian. Prohibits other acts and
24    provides penalties therefor. Provides for injunction and
      enforcement. Provides rulemaking authority. Provides
25    specific requirements for operation of body-piercing
      salons. See bill for details.
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