216-40-10 R.I. Code R. § 14.5

Current through June 12, 2024

Section 216-RICR-40-10-14.5 - Registration Requirements For Body Piercing Establishments

14.5.1Administration

The Director shall be responsible for the administrative functions required to implement the provisions of R.I. Gen. Laws § 23-1-39 and the rules and regulations herein as they apply to the registering of body piercing establishments.

14.5.2Registration Requirements

A. No person, acting severally or jointly with any other person, shall conduct, maintain, or operate a body piercing establishment in the state without a registration issued by the registration agency.

B. No person, firm, partnership or corporation shall describe its services in any manner under the title "Body Piercing Establishment" unless such services as defined herein are performed in an establishment that is registered with the Department of Health in accordance with the provisions of the rules and regulations for registering of body piercing establishments.

14.5.3Application for Registration and Fee

A. Application for a registration to conduct, maintain, or operate a body piercing establishment shall be made in writing on forms provided by the Division of Facilities Regulation and shall be submitted at least ninety (90) days prior to the opening of the body piercing establishment.

B. The application for registration shall include:

1. the address of the place of business;

2. the address of the owner and/or manager;

3. the name of the manager (and if a physician's office, the name of the physician) who shall be registered with the Rhode Island Department of Health;

4. written documentation that the owner and/or manager is at least eighteen (18) years of age;

5. criminal convictions of the corporation, owner and/or manager, if any, except minor traffic violations;

6. a list of all owners and partners;

7. a list of owners holding fifty percent (50%) or more stock;

8. 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;

9. a list of all equipment;

10. a floor plan of the body piercing establishment;

11. appropriate certificates of compliance with all applicable local and state codes; and

12. written operating policies and procedures pertaining to such matters as hours of business operation, nature of services, sanitation, and safety procedures established for the protection of clients and employees.

14.5.4Issuance && Renewal of Registration and Fee

A. Upon approval, the Division of Facilities Regulation shall issue a registration. Said registration, unless sooner suspended or revoked, shall expire by limitation on March 31st following its issuance and may be renewed from year to year after inspection and/or approval by the registration agency, provided the applicant meets the appropriate statutory and regulatory requirements herein.

B. A registration shall be issued only to a specific applicant for any licensed location, and shall not be transferable.

C. The annual registration renewal 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 shall accompany the application for the annual license renewal.

D. Any registrant who allows the registration to lapse may have the same reinstated by submitting an application, the accompanying documents, the fee as required in §14.5.4 of this Part, and other such documentation as deemed appropriate.

14.5.5Change of Ownership, Operation and/or Location

A. When a change of ownership, operation, location, or discontinuation of business of a body piercing establishment is contemplated, the owner and/or manager shall notify the registration agency in writing prior to the proposed action.

B. When there is a change in ownership, or in the operation or control of a registered body piercing establishment, the registration shall immediately become void and shall be returned to the registration agency. However, the registration agency reserves the right to extend the expiration date of such registration, allowing the facility to operate under the same conditions which applied to the prior registrant for such time as shall be required for the processing of a new application, but not to exceed thirty (30) days.

14.5.6Inspections

A. Duly authorized representatives of the Director shall, at all reasonable times, have the authority to enter upon any and all parts of the premises on which any body piercing establishment is located (and of the premises appurtenant thereto) to make any investigation or inspection to determine conformity with the statutory and regulatory provisions herein.

B. Refusal to permit inspection or investigation shall constitute valid grounds for registration denial or revocation.

C. Applicants who have not satisfactorily met the requirements herein related to the inspection described above will be given one (1) additional facility inspection. Failure to meet all requirements will result in denial of registration.

14.5.7General Operational Requirements

A. Personnel

1. Each facility shall submit to the registration agency the name of the owner and/or manager who shall be responsible for:

a. The management and control of the operation and the maintenance of the facility;

b. The facility's conformity with state and local laws and regulations pertaining to fire, safety, building sanitation, personnel and other relevant statutory and regulatory provisions; and

c. The establishment of policies and procedures, including but not limited to, the practice of body piercing, sanitation protocols, infection control, universal precautions, the nature of services provided and other such policies and procedures as may be required.

2. Persons engaged in the practice of body piercing shall comply with the Occupational Safety and Health Administration's (OSHA) Blood Borne Pathogen Standards of 29 C.F.R. § 1910.1030 (2017), incorporated in § 14.2 of this Part, in order to protect themselves (and any employees) against occupational exposure to bloodborne pathogens. Compliance shall include, but not be limited to:

a. a written exposure control plan;

b. staff training;

c. engineering and work practice controls;

d. adoption of universal precautions;

e. personal protective equipment;

f. hepatitis b vaccinations; and

g. a protocol for evaluation in the event that an exposure occurs.

3. Only individuals who hold current Rhode Island registration as a body piercing technician or a duly licensed physician shall practice body piercing and/or use the title "body piercing technician" in accordance with the regulatory provisions of the rules and regulations herein.

4. If the owner and/or manager of a facility is not a registered body piercing technician, a registered body piercing technician shall be designated as the agent of the manager and/or owner, responsible for the direct supervision of all personnel and services related to the practice of body piercing. The name of said designated individual shall be submitted to the registration agency.

B. Environment && Maintenance

1. Each body piercing establishment shall be required to meet the following provisions:

a. The facility shall be maintained in a sanitary condition free from hazards.

b. All walls and floors shall be smooth and easily cleanable. There shall be no carpeting in the body piercing area. Walls and ceilings are to be painted in a light color. Walls and floors shall be kept clean and in good repair, free from dust and debris. Floors or walls shall not be swept or cleaned while body piercing is being performed.

c. Adequate light and ventilation shall be provided.

d. Each body piercing establishment shall contain a hand sink in the body piercing area for the exclusive use of the body piercing technician. The sink shall have hot and cold running water. At the sink, there shall also be available: a soap dispenser, disposable towels and refuse containers.

(1) In facilities in which there are multiple body piercing workstations, there shall be a minimum of one sink per every two workstations. Each sink shall meet the requirements of §14.5.7(B)(1)(d) of this Part.

e. Toilets and hand-washing facilities shall be provided in convenient locations in conformity with the Rhode Island State Building Code of R.I. Gen. Laws Chapter 23-27.3.

f. All work surfaces shall be smooth, non-porous and easily cleanable.

g. The facility shall be arranged so that work areas are separated from waiting customers by providing a separate room for body piercing or by providing at least ten (10) feet between work areas and partitioning the areas with panels (or other barriers) at least six (6) feet high. The panel may be constructed of solid opaque plastic or similar material.

h. Equipment and supplies shall be properly stored in designated storage cabinets.

i. No smoking, eating, or drinking shall be permitted in the body piercing area.

C. Waste Disposal

Medical waste shall be managed in accordance with the Department of Environmental Management's Rules and Regulations Governing the Generation, Transportation, Storage, Treatment, Management and Disposal of Regulated Medical Waste.

14.5.8Retention of Records

A. The owner of a body piercing establishment shall maintain proper records for each client. A record of each client shall include:

1. the date on which he/she was body pierced;

2. the signed aftercare sheet;

3. his/her name, address, telephone number and age;

a. Photo identification as proof of age (e.g., driver's license, military identification), a copy of which shall be maintained for each client;

4. if the client is a minor, a copy of the written consent from the parent/guardian and a copy of the parent/guardian's proper photo identification;

5. the location where the body was pierced; and

6. the name of the body piercing technician.

B. These records shall be permanently entered in a book with pre-numbered pages, kept solely for this purpose. Records that cannot be physically stored in this pre-numbered book (e.g., copies of proof of age as required in §14.5.8(A)(3)(a) may be stored elsewhere in the facility. These records shall be available for inspection by the Department of Health. These records shall be maintained for a minimum of five (5) years after the date on which the client was body pierced.

14.5.9Denial, Suspension or Revocation of Registration

A. The Director is authorized to deny an application, revoke or suspend a registration for failure of an applicant or registrant to comply with the provisions of the rules and regulations herein.

B. Whenever an action shall be proposed to deny an application, revoke or suspend a registration, the Director shall notify the person by certified 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, 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 secure compliance in accordance with the provisions of R.I. Gen. Laws §§ 23-1-20 through 23-1-25.

14.5.10Deficiencies and Plans of Correction

A. The licensing agency shall notify the governing body or other legal authority of a facility of violations of these rules and regulations through a notice of deficiencies which shall be forwarded to the facility within fifteen (15) days of inspection of the facility. If the Director determines that immediate action is necessary to protect the health, welfare, or safety of the public, she/he may issue an immediate compliance order in accordance with R.I. Gen. Laws § 23-1-21.

B. A facility that has received a notice of deficiencies shall submit a plan of correction to the licensing agency within fifteen (15) days of the date of the notice of deficiencies. The plan of correction shall detail any requests for variances as well as document the reasons therefore.

C. The licensing agency shall be required to approve or reject the plan of correction submitted by a facility in accordance with §14.5.10(B) of this Part within fifteen (15) days of receipt of the plan of correction.

D. If the licensing agency rejects the plan of correction, or if the facility does not provide a plan of correction within the fifteen (15) day period stipulated in §14.5.10(B) of this Part, or if a facility whose plan of correction has been approved by the licensing agency fails to execute its plan within a reasonable time, the licensing agency may invoke the sanctions referenced in §14.5.9 of this Part.

E. If the facility is aggrieved by the sanctions of the licensing agency, the facility may appeal the decision and request a hearing in accordance with the provisions of R.I. Gen. Laws Chapter 42-35, 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.

14.5.11Variance Procedures

A. The licensing agency may grant a variance either upon its own motion or upon request of the applicant from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of such provision will result in unnecessary hardship to the applicant and that such a variance will not be contrary to the public interest, public health and/or health and safety of clients.

B. A request for a variance shall be filed by an applicant in writing, setting forth in detail the basis upon which the request is made.

1. Upon the filing of each request for variance with the licensing agency, and within a reasonable time thereafter, the licensing agency shall notify the applicant by certified mail of its approval or in the case of a denial, a hearing date, time and place may be scheduled if the facility appeals the denial and in accordance with the provisions of §14.5.10 of this Part.

14.5.12Severability

If any provision of these rules and regulations or the application thereof to any individual, facility or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations which can be given effect, and to this end, the provisions of the regulations are declared to be severable.

216 R.I. Code R. § 216-RICR-40-10-14.5