Senate Bill 0980c1

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    Florida Senate - 1999                            CS for SB 980

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Lee




    317-1768-99

  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, the term:

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. The term does not include the

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  1  use of a mechanized, presterilized ear-piercing system that

  2  penetrates the outer perimeter or lobe of the ear or both.

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

  4  piercing occurs.

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

  6         (d)  "Establishment" means a body-piercing salon.

  7         (e)  "Jewelry" means any ornament inserted into a

  8  pierced area of the body other than the outer perimeter or

  9  lobe of the ear.

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

11  section who is responsible for compliance with this section

12  and the rules adopted under this section.

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

14  licensee to control the operation of an establishment.

15         (h)  "Safe level" means not more than 50 colonies of

16  microorganisms per 4 square inches of equipment or device

17  surface.

18         (i)  "Sanitization" means the effective bactericidal

19  treatment of surfaces of equipment and devices by a product

20  registered by the United States Environmental Protection

21  Agency which provides a sufficient concentration of chemicals

22  and enough time to reduce the bacterial count, including

23  pathogens, to a safe level.

24         (j)  "Sterilization" means the use of procedures that

25  destroy all microbial life, including viruses, on the

26  equipment or device.

27         (k)  "Stop-use order" means a written notice from the

28  department to a licensee requiring the licensee to remove a

29  piece of equipment from service, operation, or use or to cease

30  conducting a particular procedure because the equipment is not

31  being operated or the procedure conducted in accordance with

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    Florida Senate - 1999                            CS for SB 980
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  1  the requirements of this section or any rule adopted pursuant

  2  thereto.

  3         (l)  "Temporary establishment" means an establishment

  4  that operates at a fixed location for a period of time of not

  5  more than 14 consecutive days in conjunction with a single

  6  event or celebration.

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

  8  practice of any licensed health care professional under the

  9  regulatory jurisdiction of the department as long as the

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

11  salon.

12         (4)  LICENSE REQUIRED.--

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

14  it is licensed under this section.

15         (b)  Any person operating an establishment must obtain

16  a license from the department annually.

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

18  from one place or person to another.

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

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

21  the licensee.

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

23  area of the establishment.

24         (f)  A person operating a temporary establishment must

25  receive a temporary license from the department prior to

26  operation. The department must conduct an inspection of the

27  temporary establishment to ensure compliance with licensing

28  requirements within 14 days after the application for a

29  temporary license.

30         (5)  LICENSE APPLICATION.--

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    Florida Senate - 1999                            CS for SB 980
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  1         (a)  A person must apply to the department for an

  2  establishment license prior to commencement of operation and

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

  4  continue operation.

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

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

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

  8  this section.

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

10  application information to the department before the change

11  may be put into operation.

12         (6)  FEES.--

13         (a)  Fees assessed under this section shall be

14  reasonably calculated to cover the cost of regulation under

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

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

17         (b)  A person applying for an annual license shall pay

18  the full fee. Any applicant applying for a license other than

19  an annual license shall pay a prorated fee based on the number

20  of quarters left until September 30.

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

22  days after receipt of written notification from the department

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

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

25  health department in the county where the establishment is

26  located.

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

28  prorated, as follows:

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

30  a body-piercing salon is $150.

31         2.  Each late fee is $100.

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    Florida Senate - 1999                            CS for SB 980
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  1         3.  The fee for a temporary establishment license is

  2  $75.

  3         (7)  MINORS.--An establishment may not perform body

  4  piercing on a minor without the written notarized consent of

  5  the minor's parent or legal guardian, and an establishment may

  6  not perform body piercing on a minor under the age of 16

  7  unless the minor is accompanied by a parent or legal guardian.

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

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

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

11  775.083, or s. 775.084:

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

13  establishment in this state without first procuring a license

14  from the department, unless specifically exempted by this

15  section.

16         2.  Obtaining or attempting to obtain a license to

17  operate an establishment by means of fraud, misrepresentation,

18  or concealment.

19         (b)  Each of the following acts constitutes a

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

21  775.082 or s. 775.083:

22         1.  Failing to maintain the records required by this

23  section or knowingly making false entries in such records.

24         2.  Failing to comply with the requirements regarding

25  minors set forth in subsection (7).

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

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

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

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

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

31  probable cause to believe that an establishment or person has

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    Florida Senate - 1999                            CS for SB 980
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  1  violated any provision of paragraph (a), an action may be

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

  3  establishment or person from continuing such violation or

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

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

  6         (9)  ENFORCEMENT.--

  7         (a)  The department shall inspect or investigate an

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

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

10  reasonable time, enter any establishment licensed under this

11  section, or any premises the department has reason to believe

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

13  to determine compliance with this section or any rule adopted

14  under this section. The department shall investigate consumer

15  complaints regarding body piercings within 14 days.

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

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

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

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

20  this section by the department.

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

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

23  factors shall be considered:

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

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

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

27  under this section were violated.

28         2.  Actions taken by the licensee to correct the

29  violation.

30         3.  Any previous violations by the licensee.

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    Florida Senate - 1999                            CS for SB 980
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  1         (d)  The department may issue a stop-use order, or

  2  institute legal action for injunctive or other relief, to

  3  enforce any provision of this section or any rule adopted

  4  under this section.

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

  6  license to operate an establishment if the licensee:

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

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

  9  section by fraud, misrepresentation, or concealment; or

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

11  adopted under this section.

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

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

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

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

16  is enforceable by an administrative or civil remedy or when

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

18  second degree. A citation constitutes a notice of proposed

19  agency action.

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

21  particular nature of the violation, including specific

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

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

24  $1,000 for each violation. Each day the violation exists

25  constitutes a separate violation for which a citation may be

26  issued.

27         4.  The department shall inform the recipient of a

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

29  120.57, of the right to an administrative hearing to contest

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

31  received. The citation must contain a conspicuous statement

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    Florida Senate - 1999                            CS for SB 980
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  1  that, if the recipient fails to pay any fine levied against

  2  the recipient within the time allowed or fails to appear to

  3  contest the citation after having requested a hearing, the

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

  5  citation and must pay the maximum fine.

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

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

  8  fine, the department must consider the gravity of the

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

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

11  enforcement actions were taken under this section.

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

13  a citation issued by the department commits a misdemeanor of

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

15  775.083.

16         7.  This paragraph provides an alternative means of

17  enforcing this section, but does not prohibit the department

18  from enforcing this section or the rules adopted under this

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

20  only a single method of enforcement for each violation.

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

22  under this section in the County Health Department Trust Fund

23  for use in providing services specified in this section.

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

25  inconsistent with law which are necessary to implement and

26  administer this section. The rules may include sanitation

27  practices; sterilization requirements and procedures; patient

28  record content requirements; personnel record retention

29  requirements; patient notification requirements and

30  procedures; physical plant requirements; light requirements;

31  jewelry and equipment requirements; standards for materials

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    Florida Senate - 1999                            CS for SB 980
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  1  and supplies; standards for personnel training, health,

  2  hygiene and work practices; disease control measures; and

  3  other aspects of an establishment's operation necessary to

  4  protect the health and safety of patrons and establishment

  5  personnel.

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

  7         (a)  A body-piercing salon must:

  8         1.  Properly sterilize all instruments that pierce the

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

10  contact with instruments that pierce the skin, through such

11  means as storage in trays with other instruments or contact

12  with forceps, in accordance with the sterilization procedures

13  in this section.

14         2.  Sanitize all equipment indirectly used in body

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

16  legrests, or handrails.

17         3.  Use protective infection barriers such as gloves

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

19  are contaminated, they must be properly disposed of

20  immediately. Protective barriers may be used only once and

21  only for one customer.

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

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

24  piercing.

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

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

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

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

29  irregular surfaces.

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    Florida Senate - 1999                            CS for SB 980
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  1         6.  Provide each customer with written instructions on

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

  3  infection.

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

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

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

  7  of the person performing the piercing and documentation to

  8  verify that the requirements of subsection (7) have been met.

  9         8.  Report any injury requiring emergency care during

10  the performance of body piercing or as a result of body

11  piercing within the timeframes specified in rules adopted by

12  the department.

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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    Florida Senate - 1999                            CS for SB 980
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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.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                              SB 980

19

20  Increases the number of days for inspection and licensure of
    temporary establishments from 7 to 14 days.  Clarifies that
21  the prohibition against piercing of a minor applies to
    establishments, not individuals.  Deletes the requirement that
22  body-piercing establishments report any complaint of injury to
    the department.  Requires the department to investigate
23  consumer complaints within 14 days.  Adds a requirement that
    establishments retain documentation of compliance with
24  requirement for parental presence or permission for piercing
    of minors.  Gives the department additional rule making
25  authority to develop jewelry and equipment requirements;
    personnel training; health, hygiene and work practices;disease
26  control measures; and other aspects of operation necessary to
    protect the safety of patrons and establishment personnel.
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