Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-80-2 - Definitions2.1. Approved. -- A procedure of operation, installation or construction which is in accordance with the standards, specifications, and instructions established by the Division of Health.2.2. Bloodborne Pathogens. -- Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).2.3. Blood Exposure Incident. -- Piercing the skin through such events as needle sticks, cuts, and abrasions from material contaminated with blood from a client, or eye, mouth, other mucous membrane, or non-intact skin contact with blood or blood-contaminated material from a client. 2.4. Contaminated. -- The presence or reasonably anticipated presence of blood, body fluids or other potentially infectious materials in or on the surface of an item.2.5. Contaminated Waste. -- Material used in body piercing that requires disposal.2.6. Director. B The Director of the Division of Health or his or her designee.2.7. Exposure Control Plan. -- A written plan of procedures for those who perform body piercing in a facility on how to implement the requirements of this rule, and that eliminates or minimizes employee and client exposure to bloodborne pathogens and other communicable diseases.2.8. Facility. B A room, shop, space or vehicle where body piercing is performed.2.9. Instrument. -- Body piercing equipment that includes, but is not limited to needles, needle bars, needle tubes, forceps, hemostats, tweezers, pliers, or other implements used to pierce, or be inserted into any part of the human body for the intended purpose of making a permanent hole. The equipment also includes studs, hoops, rings, and other decorative jewelry, materials or apparatuses inserted into any part of the body for the intended purpose of placement in a hole resulting from piercing. 2.10. Minor. -- Any person under the age of 18 (eighteen) years.2.11. Owner. -- A person that owns, controls or has custody of a place of business where body piercing is performed.2.12. Permanent Hole. -- A hole produced by piercing or puncturing any part of the body with instruments intended to leave an opening in body tissue into which an appropriate device may be inserted. A permanent hole would include any body part newly pierced which is undergoing a healing process and any piercing whether removal of a device from the perforation would result in healing of the tissue or not.2.13. Permit. -- A written document issued by the Director giving a person permission to operate a body piercing studio business.2.14. Piercing Device. -- A device used for the creation of an opening in the human body for the purpose of inserting jewelry or other decoration.2.15. Piercing Gun. -- A handheld tool used exclusively for piercing the ear, into which single use pre-sterilized studs and clutches are placed and inserted into the ear by hand squeezed or spring loaded action to create a permanent hole. The tool shall be made of plastic, stainless steel or other material that allows disinfection.2.16. Procedure Area. -- The immediate area where instruments and supplies are placed during a procedure.2.17. Purchased pre-sterilized. -- Instruments that are sold individually packaged and sterilized. Each package shall have an auditable sterilization lot number from a sterilization facility.2.18. Sanitization. -- The effective bactericidal and virucidal treatment of clean equipment surfaces by a process that has been approved by the Director as being effective in destroying pathogens and different than sterilization.2.19. Single Use. -- Products, instruments or items that are used one (1) time on one (1) client and then properly disposed of in accordance with the Division of Health rule, Infectious Medical Waste,@ 64CSR56.2.20. Sterilization. -- The destruction of all living organisms including spores.2.21. Workstation. -- An area such as a separate room or a screened area, that is set up to perform body piercing to insure privacy when performing nipple, genital or other discretionary piercing. [1]The Department of Health and Human Resources (DHHR) was created by the Legislature's reorganization of the executive branch of State government in 1989. The Department of Health was renamed the Division of Health and made a part of the DHHR (W. Va. Code ' 5F-1-1 et seq.). Administratively within the DHHR the Bureau for Public Health through its Commissioner carries out the public health function of the Division of Health.