Section 216-RICR-40-10-14.4 - Registration Requirements for Body Piercing Technicians14.4.1Registration RequirementsPursuant R.I. Gen. Laws § 23-1-39 of the Act, no person shall engage in the practice of body piercing or hold himself/herself as a body piercing technician in this state unless he/she is registered in this state under the statutory and regulatory provisions herein. Provided, that physicians duly licensed to practice medicine in the state of Rhode Island under the provisions of R.I. Gen. Laws Chapter 5-37 shall be exempt from this registration requirement. However, a physician engaged in the practice of body piercing in his/her private office shall be required to register the site as a body piercing establishment and meet the requirements of § 14.5 of this Part. Nothing in these regulations shall be construed to alter the scope of practice of any licensed health care practitioner otherwise defined by rule or statute.
14.4.2QualificationsA. Any applicant seeking registration in this state must: 1. Be over 18 years of age;2. Be of good moral character; and3. Demonstrate knowledge of body piercing techniques or procedures, based upon the requirements of §14.4.5 of this Part.B. Applicants who have not satisfactorily met the registration requirements stated in §14.4.2(A) shall be given two (2) additional opportunities to demonstrate body piercing technique. Failure to meet all technique requirements will result in denial of registration.14.4.3Application and Registration FeeA. Application for registration shall be made on forms provided by the Division of Professional Regulation, Rhode Island Department of Health, which shall be completed and submitted to the Division. Such application shall be accompanied by the following documents: 1. For US citizens: a certified copy of birth certificate;2. For non-US citizens: proof of lawful entry into the United States;3. A registration fee as set forth in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health; and4. A recent identification photograph of the applicant, head and shoulders, front view, approximately 2x3 inches in size.14.4.4Issuance && Renewal of Registration && FeeA. The Director shall issue to applicants who have satisfactorily met the application and qualification requirements herein a registration to practice body piercing in the state. This registration, unless sooner suspended or revoked, shall expire on December 31st of each year.B. On or before the first day of November in each year, an application for renewal of registration shall be mailed to every person to whom a registration has been issued during the current year.C. Every person so registered who desires to renew his/her registration shall file with the Division: 1. Such renewal application, completed and signed by the applicant; and,2. The fee as set forth in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health.D. Lapsed Registration 1. Any registrant who allows the registration to lapse for less than two (2) years may have same reinstated by submitting to the registration agency the fee and application as required in §14.4.4(C) of this Part.2. Any registrant whose registration lapses for two (2) or more years shall be required to submit to the demonstration of aseptic body piercing technique described in §14.4.2(A) of this Part.14.4.5Body Piercing PracticeA. A registered body piercing technician shall maintain sanitary and safe practice in accordance with prevailing standards and the regulations herein.B. Body Piercing Procedures A body piercing technician shall conduct his/her body piercing practice so as to prevent the transmission of communicable diseases from client to client, technician to client, and client to technician. Body piercing technicians shall maintain at least the following minimum standards in the practice of body piercing:
1. Immediately before and after body piercing, the body piercing technician shall advise the client - both verbally and in writing - on the proper care of the body piercing site and shall instruct the client to consult a physician at the first sign of infection (such as excessive pain, redness, swelling, or discharge) in the area of the body piercing. a. A signed copy of the aftercare sheet shall be retained by the body piercing technician.2. The area of the body to be pierced, and all parts of the body which are visible, shall be examined for signs of intravenous drug use, open sores, lesions, oozing wounds, and skin diseases. If such are found, or suspected, the person shall not be pierced.3. At a minimum, the skin shall be prepared first by thoroughly cleansing it with an antiseptic soap or seventy percent (70%) isopropyl alcohol. Following this cleaning, a betadine solution or surgical scrub (i.e., hibiclens for the iodine sensitive) shall be applied to the skin using a sterile swab. Surface contact time shall be a minimum of one (1) minute. Following the drying time, the residue shall be removed by utilizing a sterile swab in a circular motion beginning at the piercing site. Following the removal of any residue, the area of the skin that is to be pierced shall be marked by a single use sterile skin skribe. After the piercing, the skin shall be thoroughly cleaned with an antiseptic solution.4. Only jewelry that is made of surgical stainless steel of at least 316L grade quality, solid gold of at least 14K weight, niobium, titanium, platinum, and/or only rings with rounded edges, shall be used in body piercing. Invoices from jewelry manufacturers and/or distributors shall be available for inspection upon request.5. Needles and other sharps shall be immediately deposited into a puncture-resistant infectious waste sharps container. Needles shall not be reused.6. All needles and any blood soaked material shall be handled and discarded according to the Department of Environmental Management's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste. All other material shall be discarded appropriately.7. Each body piercing technician shall wear a clean outer garment. If the garment is visibly contaminated with blood, it shall be changed between clients.8. Before working on each client, each body piercing technician shall clean his/her own fingernails with a brush and shall thoroughly wash and scrub hands with hot running water, using germicidal soap from a dispenser. Hands must also be washed after each rest room use, before putting on gloves and after taking off gloves.9. Non-sterile gloves may be used for body piercing preparations. Prior to commencing the body piercing, the body piercing technician shall put on sterile gloves, which shall be used for a single body piercing procedure only. Sterile gloves shall be removed and discarded in accordance with the requirements of the Department of Environmental Management's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste.10. Technicians shall wear eye goggles, shields, and/or a mask if blood or saliva spattering is likely to occur while providing services.11. All work surfaces and non-autoclaved equipment used in the body piercing process shall be cleaned with an EPA-approved bactericidal, virucidal, fungicidal, tuberculocidal surface disinfectant/decontaminant cleaner between clients. Gloves shall be used in the cleaning process. Subsequently, the body piercing technician shall wash his/her hands with a germicidal soap after cleaning work surfaces and equipment.C. Body Piercing Equipment: 1. All tools used in the piercing process (e.g., ring openers/closers, forceps, clamps, needle pushers, receiver tubes) shall be cleaned utilizing an ultrasonic cleaner. Immersion time for all equipment shall be five (5) minutes. Ultrasonic cleaning tank detergent shall be changed daily. An ultrasonic cleaning tank shall be scrubbed thoroughly with isopropyl alcohol between detergent changes.2. Body piercing technicians shall properly sterilize all instruments that pierce the skin, that directly aid in piercing the skin, or that 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 described below.3. Body piercing technicians shall disinfect all equipment indirectly used in body piercing, including any beds, tables, headrests, armrests, legrests, or handrails.4. Storage cabinets shall be maintained in a sanitary condition and all instruments, jewelry, and other equipment, when not in use, shall be stored in an orderly manner.D. Sterilization of Instruments and/or Equipment:1. Operational sterilizers shall be available in each body piercing establishment. All instruments shall be sterilized after each use by autoclaving under fifteen (15) pounds of pressure for twenty (20) minutes. Autoclave temperature shall not be less than two hundred seventy-three (273) degrees Fahrenheit or one hundred thirty-six (136) degrees Celsius, or according to manufacturer's specifications.2. Autoclave units shall be checked monthly, using a standard spore test, with results maintained on file for inspection. Autoclave units shall be maintained in accordance with manufacturer's specifications. Records of said monthly checks shall be maintained for a minimum of two (2) years.a. A log book shall be maintained for the results of said monthly inspections and shall include no less than the following items: date of inspection, results of inspection, and the signature of the body piercing technician who conducted the inspection.3. The sterilizing date shall be noted, and evidence of sterilization shall be demonstrated by color indicator or equivalent. Packs shall be used within thirty (30) days or resterilized.E. Restrictions: R.I. Gen. Laws § 23-1-39 prohibits the body piercing of minors (persons under the age of eighteen (18)) in this state except if the minor is accompanied by his/her parent or guardian, and said parent or guardian gives written consent to the body piercing. Proper photographic identification of the parent or legal guardian shall be required (e.g., driver's license).
14.4.6Denial, Suspension or Revocation of RegistrationA. The Director is authorized to deny an application, or revoke a registration for cause (e.g., conviction of crimes) or for failure of an applicant or registrant to comply with the provisions of these rules and regulations.B. Whenever an action shall be proposed to deny an application, or suspend a registration, the Director shall notify the person by registered mail setting forth the reason(s) for the proposed action.C. The applicant or registrant shall be given an opportunity for a prompt and fair hearing in accordance with the provisions of R.I. Gen. Laws Chapter 42-35 as amended, and the Rules and Regulations of the Rhode Island Department of Health Regarding Practices and Procedures Before the Department of Health and Access to Public Records of the Department of Health.D. If it is determined that a person is violating any provisions of the rules and regulations herein, the Director may issue an order to ensure compliance in accordance with the provisions of R.I. Gen. Laws §§ 23-1-20 through 23-1-25.216 R.I. Code R. § 216-RICR-40-10-14.4