Section 1200-23-06-.06 - ESTABLISHMENT PERMITTING AND INSPECTION SYSTEM(1) Application Procedures(a) Any person planning to operate a body piercing establishment shall obtain a written application for a permit on a form provided by the Commissioner prior to operation. A new or initial application is required for body piercing establishments that have not previously been permitted or for instances when ownership changes.(b) The Commissioner shall issue a body piercing establishment permit:1. upon receiving a completed application with applicable fees; and2. after an inspection of the proposed facility reveals that the facility is in compliance with requirements of these rules and law.(2) Inspection results - Reporting and Scoring(a) The Commissioner shall conduct at least one (1) inspection of a body piercing establishment prior to issuing a permit to perform body piercing services.(b) The Commissioner shall conduct at a minimum, an annual inspection, prior to issuing a renewal permit to operate a body piercing establishment.(c) The Commissioner may inspect a body piercing establishment at any time the Commissioner deems necessary and shall be given access to the premises and to all records deemed relevant by the Commissioner for the inspection.(d) Inspection results for body piercing establishments shall be recorded on standard departmental forms which summarize the requirements of the law and rules and regulations.(e) 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 less critical items having assigned values of either one (1) or two (2) points.(f) The rating score of the facilities shall be the total of the weighted point values for all violations subtracted from one hundred (100).(3) Critical violations shall include the following: (a) autoclave does not meet minimum time, pressure or temperature requirements;(b) lack of a weekly 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 or stocked as required;(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 body piercing;(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; and(o) toxic items not properly stored, labeled, or used.(4) Violation Correction(a) The inspection report shall state that failure to comply with any time limits specified by the Commissioner for correction may result in cessation of operation. All critical and minor violations shall be corrected within seven (7) and fourteen (14) calendar days, respectively.(b) Review of a citation of a violation of a minor item may be sought, upon submission of a written request to the Director of General Environmental Health which must be received within ten (10) calendar days following the date of the inspection report. If the tenth (10th) day falls on a weekend or state holiday, the first work day following shall be treated as the tenth (10th) day. The request for review shall identify the non-critical item(s) for which review is sought. The final determination shall be made by the Director or the Director's Designee in writing and within a reasonable time after receipt of the request for a review.(c) The citation of a violation of a critical item may also be reviewed upon the receipt of a written request submitted to the Director of General Environmental Health within ten (10) calendar days following the date of the inspection report. If the tenth (10th) day falls on a weekend or state holiday, the first work day following shall be treated as the tenth (10th) day. The request for review shall identify the critical item(s) for which review is being sought. The decision of the Director or the Director's Designee shall be final and made in writing within a reasonable time after receipt of the request for a review.(d) Upon declaration of an imminent health hazard by the Local Health Officer, the Local Health Officer shall issue an order requiring the facility to immediately cease operations until authorized to reopen following notice and opportunity for a hearing as provided in T.C.A.68-2-608.(e) In the case of temporary body piercing establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease operation until authorized to resume by the Local Health Officer. Upon declaration of an imminent health hazard by the Local Health Officer, the Local Health Officer shall issue an order requiring the facility to immediately cease operations until authorized to reopen following notice and opportunity for a hearing as provided in T.C.A. 68-2-608.(f) In the event of an order of cessation of operation, a request for a hearing may be made in writing to the Commissioner. The request must be received within ten (10) calendar days of issuance of the order. A hearing shall be afforded, if requested, as promptly as is reasonable under the circumstances.(5) Permit Suspension or Revocation (a) After providing notice and an opportunity for a hearing in accordance with the Uniform Administrative Procedures Act (T.C.A. 4-5-301et seq.), the Commissioner may suspend or revoke a permit for violation of requirements of this part or for interference with the Commissioner's authorized representative in the performance of their duty. The violation of three (3) or more critical items within a twelve (12) month period may result in revocation of the body piercing establishment permit.(6) License Suspension or Revocation (a) After providing notice and an opportunity for a hearing in accordance with the Uniform Administrative Procedures Act (T.C.A. 4-5-301et seq.), the Commissioner may suspend or revoke a body piercing technician's license for violation of requirements of this part or for interference with the Commissioner's duly authorized representative in the performance of their duty.(7) When a body piercing technician's license is revoked by the Commissioner, a new license may be issued upon compliance with all requirements of the order of revocation, and upon meeting all requirements for a new license and the submission of a new application with applicable fees.(8) Whenever an establishment is required under these rules 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. The Commissioner shall offer an opportunity for re-inspection within a reasonable time.Tenn. Comp. R. & Regs. 1200-23-06-.06
Original rule filed January 28, 2002; effective April 13, 2002.Authority: T.C.A. §§ 4-5-202, 4-5-301, 62-38-301 et seq., 68-2-608, and 68-2-609.