Section 1200-23-03-.05 - ESTABLISHMENT PERMITTING AND INSPECTION SYSTEM(1) Application Procedures(a) Any person planning to operate a tattoo establishment shall obtain a written application for a permit on a form provided by the local health officer through the local county health department prior to operating a tattoo establishment. A new or initial application is required for tattoo establishments that have not previously been permitted or for instances when ownership changes.(b) The local health department shall issue a tattoo establishment permit1. after an inspection of the proposed facility reveals that the facility is in compliance with requirements of these rules and2. upon receiving a completed application with applicable fees.(2) Inspection results - Reporting and Scoring(a) Inspection results for tattoo establishments shall be recorded on standard departmental forms which summarize the requirements of the law and rules and regulations.(b) The scoring system shall include a weighted point value for each requirement in which critical items are assigned values of either four (4) or five (5) points, with minor violations having assigned values of either one (1) or two (2) points.(c) The rating score of the facilities shall be the total of the weighted point values for all violations subtracted from one hundred (100).(3) Violation Correction(a) In accordance with T.C.A. 62-38-202, correction of critical and minor violations shall be within seven (7) and fourteen (14) calendar days, respectively.(b) Upon declaration of an imminent health hazard by the local health officer acting consistent with the provisions of Tennessee Code Annotated, Section 68-2-608(b), the local health officer shall issue an order requiring the facility to immediately cease operations until authorized to reopen. In the event of any such closure order, the operator shall be afforded an opportunity for a hearing, if requested by the operator, as promptly as is reasonable under the circumstances.(c) In the case of temporary tattoo facilities, all critical violations shall be corrected within twenty-four (24) hours. If critical violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease tattoo operation until authorized to resume by the local health officer or his duly authorized representative. Upon declaration of an imminent health hazard by the local health officer acting consistent with the provisions of Tennessee Code Annotated, Section 68-2-608(b), the health officer shall issue an order requiring the facility to immediately cease operations until authorized to reopen. In the event of any such closure order, the operator shall be afforded an opportunity for a hearing, if requested by the operator, as promptly as is reasonable under the circumstances.(4) The inspection report shall state that failure to comply with any time limits for correction may result in cessation of operations. An opportunity for a review concerning the inspection and/or inspection report and/or on the ordered corrective action will be provided if written request is filed with the local health department in the county of the affected establishment within ten (10) calendar days following the inspection. If a request for a review is received, a review shall be held within fourteen (14) days after receipt of the request. The decision of the local health officer shall be final.(5) If a second violation of any critical item (identical or otherwise) is committed within the period of one (1) year (calendar or otherwise), the tattoo studio shall be subject to a civil penalty of up to five hundred dollars ($500) and the tattoo studio's permit may be revoked.(6) Permit Revocation (a) After providing an opportunity for a hearing, the local health officer or his duly authorized representative may revoke a permit for serious or repeated violations of requirements of this part or for interference with the local health department in the performance of their duty. The violation of two (2) or more critical items within a twelve (12) month period may result in revocation of the tattoo establishment permit.(b) Prior to revocation, the local health officer or his duly authorized representative shall notify, in writing, the permittee of the specific reason(s) for which the permit is to be revoked, and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the local health officer within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.(7) License Revocation(a) After providing an opportunity for a hearing, the local health officer or his duly authorized representative may revoke an artist or operator's license for serious or repeated violations of requirements of this part or for interference with the local health officer or his duly authorized representative in the performance of his duty.(b) Prior to revocation, the local health officer or his duly authorized representative shall notify, in writing, the licensee of the specific reason (s) for which the license is to be revoked, and that the license shall be revoked at the end of ten (10) days following service of such notice, unless a written request for a hearing is filed with the local health officer within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the license becomes final.(c) When a tattoo artist or operator's license is revoked by the local health officer, a new license shall be issued upon meeting all requirements for a new license and the submission of a new application with applicable fees.(8) Civil penalties shall be assessed in accordance with T.C.A. 62-38-202.(9) Whenever a facility is required under this section to cease operations, it shall not resume operations until it is shown on re-inspection that conditions responsible for the order to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time by the local health officer.(10) Any suspension or revocation of a permit or license may be appealed to the local health officer who shall then conduct a hearing of such appeal in accordance with the Uniform Administrative Procedures Act in Title 4 of the Tennessee Code Annotated. The decision made by the local health officer concerning the appeal may be appealed to the commissioner, such appeal to the commissioner being limited to the issue of determining whether a material error of law was made at the hearing level.(11) Submission of plans and specifications - Review - Approval.(a) No tattoo establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the local health department or its duly authorized representative.(b) Whenever a tattoo establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a tattoo establishment, plans and specifications shall be submitted to the local health department for review and approval before construction, remodeling, or conversion is begun. The plans and specifications shall indicate the proposed layout arrangement, mechanical plans, construction materials, work areas, and the type and model of proposed fixed equipment and facilities. The local health department shall approve the plans and specifications if they meet the requirements of the law, rules, and regulations.Tenn. Comp. R. & Regs. 1200-23-03-.05
Original rule filed September 26, 2000; effective December 10, 2000.Authority: T.C.A. 4-5-202, 62-38-201 et seq., and 68-1-103, and 68-2-608.