S.C. Code Regs. § ch. 61, 61-111, 61-111.100

Current through Register Vol. 48, No. 11, November 22, 2024

Section 61-111.100 - DEFINITIONS

For the purpose of this regulation, the following definitions shall apply:

A. Administrator. The individual designated by the licensee to have the authority and responsibility to manage the facility and to be in charge of all functions and activities of the facility.

B. Adult. A person eighteen (18) years of age or older.

C. Aftercare Suggestions. Specific written information given to clients following tattooing procedures on how to promote successful healing of various tattoo sites, including infection control information and instruction.

D. Aseptic Technique. Any health care procedure in which added precautions are used to prevent contamination of a person, object, or area by microorganisms, such as by use of sterile gloves and instruments.

E. Authorized Healthcare Provider. An individual authorized by law and currently licensed in South Carolina to provide specific treatments, care, or services to staff members and/or clients.

F. Biohazardous. Any biological material capable of causing harm to humans, animals, or plants, including both biohazardous organisms and agents.

G. Church. An establishment, other than a private dwelling, where religious services are usually conducted.

H. Client. A person who has a tattoo procedure performed on his or her body.

I. Consultation. A visit by a Department representative(s) who will provide information to the licensee with the goal of facilitating compliance with this regulation.

J. Contaminated or Contamination. The presence of blood, infectious materials, or other types of impure materials that have corrupted a surface or item through contact.

K. Department. The South Carolina Department of Health and Environmental Control.

L. Direct Supervision. The on-site training, observation, and evaluation of a trainee by an experienced tattoo artist, including the provision of consultation and instruction.

M. Disinfection. The action of using an agent, for example, isopropyl alcohol solution, that kills germs or microorganisms.

N. Experienced Tattoo Artist. An individual who has a current and valid tattoo license or permit from a state with requirements that meet the minimum requirements of this regulation, such as training, age, or who has one thousand (1000) or more hours during the last three (3) years performing tattooing procedures in a licensed or permitted tattoo facility, as confirmed in writing by the licensee, from a state with requirements that meet the minimum requirements of this regulation.

O. Facility. Any room, space, location, area, structure, mobile unit, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted and which is licensed by the Department as a tattoo facility.

P. Germicidal. Preventing infection by inhibiting the growth or action of microorganisms.

Q. Injection Equipment. Equipment used in the practice of tattooing, including the needle(s) and the needle bar. Injection equipment does not include other parts of the tattoo machine such as grips, tubes or barrels, motors, coils, frames, binding posts, rubber bands, foot pedals, and power units.

R. Inspection. A visit by a Department representative(s) for the purpose of determining compliance with this regulation.

S. Investigation. A visit by a Department representative(s) to a licensed or unlicensed facility for the purpose of determining the validity of allegations received by the Department relating to this regulation.

T. License. A certificate issued by the Department to a facility that authorizes tattooing at that facility subject to the provisions of this regulation.

U. Licensee. The individual, corporation, partnership, organization, or public entity that has been issued a license to provide tattoo services and with whom rests the ultimate responsibility for compliance with this regulation.

V. Micropigmentation or Application of Permanent Cosmetics. A medical procedure performed above the jaw line and anterior to the ear and frontal hairline in which color or pigment is applied with a needle or electronic machine to produce a permanent mark visible through the skin. The procedure includes, but is not limited to, the application of eyeliner; eye shadow; and lip, eyebrow, or cheek color for purposes of enhanced aesthetics; scar concealment; and/or repigmentation of areas involving reconstructive surgery or trauma. Micropigmentation shall not include placing on the body any pictures, images, numbers, signs, letters of the alphabet, or designs.

Medical micropigmentation shall not be construed to be included in the definition of tattooing as provided in Section 100.NN.

W. Minor. A person who has not attained eighteen (18) years of age.

X. Mobile Unit. A vehicle, trailer, or portable unit from which tattooing is performed.

Y. Picture Identification. A valid driver's license from any state or an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State, such as a military ID or passport.

Z. Playground. A place, other than grounds at a private dwelling, that is provided by the public or members of a community for recreation.

AA. Release. The point at which the client's active involvement with a facility is terminated and the facility no longer maintains active responsibility for the client.

BB. Repeat Violation. The recurrence of any violation cited under the same section of the regulation within a thirty-six (36) month period. The time-period determinant of repeat violation status is not interrupted by ownership changes.

CC. Revocation of License. An action by the Department to cancel or annul a license by recalling, withdrawing, or rescinding the facility's authority to operate.

DD. Sanitized or Sanitization. A procedure that reduces the level of microbial contamination so that the item or surface is considered safe.

EE. School. An establishment, other than a private dwelling, where the customary processes of education are conducted.

FF. Sharps. Any objects, sterile or contaminated, that may purposefully or accidentally cut or penetrate the skin including, but not limited to, pre-sterilized, single-use needles, scalpel blades and razor blades.

GG. Single-use. An item that is used one (1) time on one (1) client and then is properly disposed of by appropriate measures.

HH. Staff Member. An individual who is a compensated employee of the facility on either a full or part-time basis.

II. Sterile. The condition of an object when it is free of live bacteria, spores or other microorganisms, including pathogens, usually achieved by heat or chemical means.

JJ. Sterilize or Sterilization. The approved procedure of making an object free of live bacteria, spores, or other microorganisms including pathogens, usually by heat or chemical means.

KK. Suspension of License. An action by the Department requiring a licensee to cease operation for a period of time until such time as the Department rescinds that restriction.

LL. Tattoo Artist. A staff member twenty-one (21) years of age or older who practices body tattooing at the tattoo facility and who meets the requirements of this regulation, including both experienced tattoo artists and tattoo artist trainees.

MM. Tattoo Artist Trainee. A staff member under the supervision and instruction of an experienced tattoo artist who is in the process of acquiring one thousand (1000) hours of tattoo procedure training as required in Section 603.B.

NN. Tattoo or Tattooing. To indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments. The practice of tattooing does not include the removal of tattoos, the practice of branding, cutting, scarification, skin braiding, or the mutilation of any part of the body.

OO. Tattoo Procedures Training. Training that includes hands-on tattooing performed on clients and other tattooing-related activities including sterilization techniques.

PP. Temporary Location. A short-term fixed location at which tattooing is licensed and performed for a specified period of not more than fourteen (14) days.

QQ. Work Station. A work area where tattoo procedures are performed and that meets the requirements as set forth in Section 1602.

S.C. Code Regs. ch. 61, 61-111, 61-111.100

Replaced and amended by State Register Volume 40, Issue No. 05, eff. 5/27/2016.