Tenn. Comp. R. & Regs. 1200-23-03-.01

Current through June 10, 2024
Section 1200-23-03-.01 - DEFINITIONS

(1) "Antibacterial solution" means any solution used to retard the growth of bacteria approved for the application to human skin and includes all products so labeled.

(2) "Antiseptic" means a substance that will inhibit the growth and development of microorganisms without necessarily destroying them.

(3) "Approved" means being accepted by the Commissioner or local health officer, as appropriate under the law.

(4) "Aseptic technique" means to render or maintain free from infectious material.

(5) "Autoclave" means a device which automatically holds the temperature, pressure, and time for the purpose of sterilization.

(6) "Autoclave indicator" means chemical detection strips, markers, or tape.

(7) "Biohazardous waste" means "regulated waste" (see definition No. 46).

(8) "Blood" means human blood, human blood components, and products made from human blood.

(9) "Bloodborne pathogens" means pathogenic microorganisms present in human blood that can cause disease in humans. These pathogens include, but are not limited to, Hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

(10) "Chemical detection strips, markers or tape" means the use of detection devices placed on items for sterilization to facilitate in determining that the item has been subjected to steam sterilization process.

(11) "Client" means any person desiring to receive a tattoo.

(12) "Commissioner" means the Commissioner of the Department of Health.

(13) "Contaminated" means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.

(14) "Contaminated laundry" means laundry which has been soiled with blood or other potentially infectious materials or which may contain sharps.

(15) "Contaminated sharps" means any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, or broken glass.

(16) "Critical item(s)" means those aspects of operation or conditions which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. Critical violations shall include the following:

(a) autoclave does not meet minimum time, pressure or temperature requirements;

(b) lack of a monthly negative spore or microbiological monitoring test for quality control;

(c) nondisposable tubes and needles are not sterilized or were sterilized greater than one (1) year ago;

(d) work room is not equipped as required or is not stocked;

(e) reuse of single use articles;

(f) sterile instruments are not properly handled;

(g) reusable instruments are not handled properly;

(h) employees with infectious lesions on hands not restricted from tattooing;

(i) employees not practicing proper cleanliness and good hygiene practices;

(j) water supply not approved, hot and cold running water under pressure not available;

(k) approved sewage and liquid waste disposal not available;

(l) cross connection allowing back-siphonage present in plumbing system;

(m) toilet and hand washing facilities not available for employees;

(n) insect and rodent evidence, harborage, or outer opening present; or

(o) toxic items not properly stored, labeled, or used.

(17) "Decontamination" means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

(18) "Department" means the Department of Health.

(19) "Disinfectant" means a solution intended to destroy or inactivate specific viruses, bacteria, or fungi on clean, inanimate surfaces [e.g., 1:10 bleach solution] or commercially labeled disinfectant.

(20) "Easily cleanable" means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

(21) "Engineering controls" mean controls (e.g., sharps disposal containers) that isolate or remove the bloodborne pathogens hazard from the workplace.

(22) "Exposure incident" means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties.

(23) "Extensively remodeled" means alteration to affect the increase or decrease of floor space or the alteration of walls in a work area.

(24) "Germicide" means an agent that kills pathogenic microorganisms.

(25) "Germicidal solution" means any solution which destroys microorganisms and is so labeled.

(26) "Handwashing facilities" means a facility providing an adequate supply of running potable water, soap dispenser, soap, and single use towels or automatic dryer.

(27) "Health officer" means an individual appointed by the Commissioner pursuant to T.C.A. 68-2-603.

(28) "Imminent health hazard" means any condition, deficiency, or practice, as defined by the health officer, which, if not corrected, is very likely to result in illness, injury, or loss of life to any person.

(29) "Infectious waste" means "regulated waste" (see definition No. 48).

(30) "Law" means any applicable provision of the State of Tennessee statutes and rules of any department or agency.

(31) "License" means the issuance of a license to perform tattooing to any individual, partnership, firm or corporation. "License" further means to allow or authorize any person who has satisfactorily completed all requirements set forth by law or by the local health officer to engage in the practice or business or tattooing.

(32) "Local health department" means the agency defined in T.C.A. 68-2-601 et. seq.

(33) "Microbiological monitoring for quality control" means the use of a standard spore, Bacillus stearothermophilus to challenge the sterilization process.

(34) "Occupational exposure" is synonymous with "exposure incident" (see definition No. 21).

(35) "Other potentially infectious material" means the following human body fluids: semen, vaginal secretions, saliva, and any body fluid visibly contaminated with blood.

(36) "Owner/Operator" means the applicant, permittee, or other person or persons in charge of a facility.

(37) "Parenteral" means piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, and abrasions.

(38) "Patron or customer" is synonymous with "client" (see definition No. 11).

(39) "Percutaneous" means infectious materials may enter the body through compromised skin surfaces (e.g., needle sticks, acne, cuts, lesions).

(40) "Permit" means the issuance of a permit to a tattoo studio or establishment to allow or authorize a tattoo establishment to be operated for the purpose of engaging in the practice or business of tattooing.

(41) "Person" means tattoo operator and/or any individual, partnership, firm, corporation, agency, municipality, or state or political subdivisions, or the federal government and its agencies and departments, depending on the context within the rules.

(42) "Personnel" means the permit holder, any person who tattoos, individuals having supervisory or management duties, or any other person employed or working in a tattoo establishment. This individual may or may be a tattoo artist.

(43) "Person in charge" means the individual present in a tattoo establishment who is the apparent supervisor at the time of inspection, or, if no individual is the apparent supervisor, then any employee present.

(44) "Personal protective equipment" means specialized clothing or equipment, such as gloves or lapcloth, worn by an employee for protection against a hazard. General work clothes not intended to function as protection against a hazard are not considered to be personal protective equipment.

(45) "Potable water" means water that is safe for drinking.

(46) "Regional Health Director" means an individual who directs the operations of a Tennessee Department of Health Region or the Regional Director's designee.

(47) "Registration" means license or permit, as applicable.

(48) "Regulated waste" means liquid or semi-liquid blood or other potentially infectious materials, contaminated items that would release blood, or other potentially infectious materials in a liquid or semi-liquid state, if compressed, and contaminated sharps.

(49) "Safe materials" means articles manufactured and used in accordance with law.

(50) "Sanitary" means clean and free of agents of infection.

(51) "Sanitization" means an effective germicidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the microorganism level, including pathogens, to a safe level on utensils and equipment.

(52) "Sewage" means human excreta, all water carried waste, and household wastes from residences, buildings, or commercial and industrial establishments.

(53) "Single use" means a disposable item that is used one (1) time on one (1) client and then is properly disposed of by appropriate measures.

(54) "Solid waste" means refuse, garbage, trash, rubbish, and any other item(s) which could cause an unsanitary condition or undesirable health and safety conditions.

(55) "Sterilization" means holding in an autoclave for fifteen (15) minutes, at fifteen (15) pounds pressure, and at a temperature of two hundred fifty degrees (250° F) Fahrenheit or one hundred twenty-one degrees (121°C) Celsius.

(56) "Tattoo" means any method of placing designs, letters, figures, symbols, cosmetics, or any other marks under the skin of a person using ink or color with the aid of needles or instruments.

(57) "Tattoo artist" means any person, regardless of age, who engages in the practice/service of tattooing regardless of the type of tattoo or area to be tattooed.

(58) "Tattoo artist registration" means the issuance of a State license authorizing the person named thereon to engage in the practice/service of tattooing in the State of Tennessee after fulfilling the requirements in T.C.A. Title 62, Chapter 38 and these rules.

(59) "Tattoo establishment" means any room or space where tattooing is performed or where the business of tattooing, or any part thereof, is conducted. The term is synonymous with "tattoo parlor" and "tattoo studio".

(60) "Tattoo operator" means any person who controls, operates, conducts, or manages any tattoo studio, whether actually engaging in tattooing or not.

(61) "Tattoo parlor" means "tattoo establishment" (see definition No. 59).

(62) "Tattoo studio" means any room or space where tattooing is practiced or where the service of tattooing is performed.

(63) "Universal precautions" means treating all blood and body fluids as if they contain bloodborne pathogens and taking proper precautions to prevent the spread of any bloodborne pathogens.

(64) "Utensil" means any implement, tool, or other similar device used in the storage, preparation, operation, or processing of a tattoo.

(65) "Waste" means solid waste, sewage, blood and body fluids or other waste resulting from the operation of a tattoo studio.

(66) "Work area" means an area where clients are tattooed.

(67) "Work practice controls" means controls that reduce the likelihood of exposure by altering the manner in which a task is performed.

(68) "Work station" means a work area (see definition No. 66).

Tenn. Comp. R. & Regs. 1200-23-03-.01

Original rule filed September 26, 2000; effective December 10, 2000.

Authority: T.C.A. 4-5-202, 62-38-201et seq., and 68-1-103.