Section 1200-23-06-.01 - DEFINITIONS(1) "Antibacterial" means a substance that inhibits and reduces the growth of bacteria.(2) "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.(3) "Antiseptic" means a substance that will inhibit the growth and development of microorganisms without necessarily destroying them.(4) "Antiseptic technique" means to render or maintain free from infectious material.(5) "Approval" means written approval from the department of health indicating that the body piercing establishment has been inspected and meets all terms of this part and the applicable rules.(6) "Autoclave" means a device which automatically holds the temperature, pressure, and time for the purpose of sterilization.(7) "Autoclave indicator" means chemical detection strips, markers, or tape.(8) "Biohazardous waste" means "regulated waste" (see definition No. 57).(9) "Blood" means human blood, human blood components, and products made from human blood.(10) "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).(11) "Body piercing" means the piercing of any part of the body for compensation by someone, other than a physician licensed under Title 63, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing, except when the ear piercing procedure is performed with an ear piercing gun.(12) "Body piercing establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where body piercing is performed, including any area under the control of the operator.(13) "Body piercing operator" or " operator" means a person who controls, operates, conducts, or manages a body piercing establishment, whether the operator is actually engaging in body piercing or not.(14) "Body piercing establishment permit" or "permit" means the issuance of a written permit by the department to a body piercing establishment stating that such establishment, after inspection, was found to be in compliance with this part.(15) "Body piercing service" or "body piercing procedure" means the service performed or the procedure utilized for body piercing.(16) "Body piercing technician" or " technician" means a person at least eighteen (18) years of age who engages in the practice/service of body piercing, regardless of the type of body ornament utilized or body area to be pierced.(17) "Body piercing technician license" means the issuance of a state license authorizing the person named therein to engage in the practice/service of body piercing after fulfilling the requirements of this part.(18) "Business" means any entity that provides body piercing services or procedures for compensation.(19) "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.(20) "Commissioner" means the Commissioner of the department of health or the Commissioner's duly authorized representative.(21) "Contaminated" means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.(22) "Contaminated laundry" means laundry which has been soiled with blood or other potentially infectious materials or which may contain sharps.(23) "Contaminated sharps" means any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, or broken glass.(24) "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.(25) "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.(26) "Department" means the department of health.(27) "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.(28) "Disinfecting" means a process that kills or destroys nearly all disease-producing micro-organisms, with the exception of bacterial spores.(29) "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.(30) "Engineering controls" mean controls (e.g., sharps disposal containers) that isolate or remove the bloodborne pathogens hazard from the workplace.(31) "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.(32) "Extensively remodeled" means alteration to affect the increase or decrease of floor space or the alteration of walls in a work area.(33) "For compensation" shall include an instance in which the body piercing procedure is performed without charge, when the customer buys the body piercing ornament/jewelry or is required to provide other compensation, as well as normal payment for the procedure.(34) "Germicide" means an agent that kills pathogenic microorganisms.(35) "Germicidal solution" means any solution which destroys microorganisms and is so labeled.(36) "Handwashing facilities" means a facility providing an adequate supply of running potable water, soap dispenser, soap, and single use towels or automatic dryer.(37) "Imminent health hazard" means any condition, deficiency, or practice, as identified by the health officer, which, if not corrected, is very likely to result in illness, injury, or loss of life to any person.(38) "Infectious waste" means "regulated waste" (see definition No. 58).(39) "Law" means any applicable provision of the State of Tennessee statutes and rules of any department or agency.(40) "License" means the issuance of a license to perform body piercing to any individual. "License" further means to allow or authorize any person who has satisfactorily completed all requirements set forth by law and these rules to engage in the practice or business of body piercing.(41) "Minor" means an individual under the age of eighteen (18).(42) "Microbiological monitoring for quality control" means the use of a standard spore, Bacillus stearothermophilus, to challenge the sterilization process.(43) "Occupational exposure" is synonymous with "exposure incident" (see definition No. 31).(44) "Operator/Owner" means any person, firm, company, corporation or association that owns, controls, operates, conducts, or manages a body piercing establishment.(45) "Other potentially infectious material" means the following human body fluids: semen, vaginal secretions, saliva, and any body fluid visibly contaminated with blood.(46) "Parenteral" means piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, and abrasions.(47) "Patron" means a person requesting and receiving body piercing services.(48) "Percutaneous" means infectious materials may enter the body through compromised skin surfaces (e.g., needle sticks, acne, cuts, lesions).(49) "Permit" means body piercing establishment permit (see definition 14).(50) "Person" means operator and/or any individual, partnership, firm, corporation, or agency.(51) "Personnel" means the permit holder, any person who body pierces, individuals having supervisory or management duties, or any other person employed or working in a body piercing establishment. This individual may or may not be a body piercing technician.(52) "Person in charge" means the individual present in a body piercing establishment who is the apparent supervisor at the time of inspection, or, if no individual is the apparent supervisor, then any employee present.(53) "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.(54) "Pierce" or "piercing" means body piercing (see definition No. 11).(55) "Premises" means the physical location of an establishment which offers and performs body piercing services.(56) "Potable water" means water that is safe for drinking.(57) "Proof of age" means a driver's license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid.(58) "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.(59) "Safe materials" means articles manufactured and used in accordance with law.(60) "Sanitary" means clean and free of agents of infection.(61) "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.(62) "Sewage" means human excreta, all water carried waste, and household wastes from residences, buildings, or commercial and industrial establishments.(63) "Single use" means a disposable item that is used one (1) time on one (1) patron and then is properly disposed of by appropriate measures.(64) "Solid waste" means refuse, garbage, trash, rubbish, and any other item(s) which could cause an unsanitary condition or undesirable health and safety conditions.(65) "Sterilization" means holding in an autoclave for fifteen (15) minutes at fifteen (15) pounds of pressure and at a temperature of two hundred and fifty (250) degrees Fahrenheit or one hundred and twenty-one (121) degrees Celsius.(66) "Sterilize" means a process by which all forms of microbial life, including bacteria, viruses, spores, and fungi are destroyed.(67) "Universal precautions" means that all blood and body fluids are treated so as to contain all blood borne pathogens and taking proper precautions to prevent the spread of any blood borne pathogens.(68) "Utensil" means any implement, tool, or other similar device used in the storage, preparation, operation, or body piercing process.(69) "Waste" means solid waste, sewage, blood and body fluids or other waste resulting from the operation of a body piercing establishment.(70) "Work area" means an area where the act of body piercing takes place.(71) "Work practice controls" means controls that reduce the likelihood of exposure by altering the manner in which a task is performed.(72) "Work station" means a work area (see definition No. 70).Tenn. Comp. R. & Regs. 1200-23-06-.01
Original rule filed January 28, 2002; effective April 13, 2002.Authority: T.C.A. §§ 4-5-202, 62-38-301 et seq., and 68-2-609.