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Register January 2009 No. 637
Chapter DHS 173
TATTOOING AND BODY PIERCING
DHS 173.01   Authority and purpose.
DHS 173.02   Scope.
DHS 173.03   Definitions.
DHS 173.04   Licenses.
DHS 173.05   Department fees.
DHS 173.06   Enforcement.
DHS 173.07   Suspension or revocation of license.
DHS 173.08   Appeals of actions by the department.
DHS 173.09   Appeals of actions by agent health departments.
DHS 173.10   Patrons.
DHS 173.11   Physical facilities and environment.
DHS 173.12   Personnel.
DHS 173.13   Equipment.
DHS 173.14   Cleaning and sterilization.
DHS 173.15   Preparation and care of site.
DHS 173.16   Temporary establishments.
DHS 173.17   State fees.
Ch. DHS 173 Note Note: Chapter HFS 173 was renumbered chapter DHS 173 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 173.01 DHS 173.01 Authority and purpose. This chapter is promulgated under the authority of ss. 252.23 (4), 252.24 (4) and 252.245 (9), Stats., for the purpose of regulating tattooists, tattoo establishments, body piercers and body-piercing establishments in order to protect public health and safety.
DHS 173.01 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.01 Register January 2009 No. 637, eff. 2-1-09.
DHS 173.02 DHS 173.02 Scope.
DHS 173.02(1)(1) Applicability. This chapter applies to all tattooists, body piercers, tattoo establishments and body-piercing establishments.
DHS 173.02(2) (2)Approved comparable compliance. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular tattooist, tattoo establishment, body piercer or body-piercing establishment, the department may approve a modification in that requirement for that person or establishment if the department is provided with satisfactory proof that the grant of a variance will not jeopardize the public's health, safety or welfare.
DHS 173.02 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.02 Register January 2009 No. 637, eff. 2-1-09.
DHS 173.03 DHS 173.03 Definitions. In this chapter:
DHS 173.03(1) (1) "Agent" means a local health department serving a population greater than 5,000 which is designated by the department under a written agreement authorized by s. 252.245 (1), Stats., to issue licenses to and make investigations or inspections of tattooists, tattoo establishments, body piercers and body-piercing establishments.
DHS 173.03(2) (2) "Antiseptic" means a chemical that kills or inhibits the growth of organisms on skin or living tissue.
DHS 173.03(3) (3) "Approved" means acceptable to the department based on its determination of conformance to this chapter and good public health practices.
DHS 173.03(4) (4) "Autoclave" means an apparatus that is registered and listed with the federal food and drug administration for sterilizing articles by using superheated steam under pressure.
DHS 173.03(5) (5) "Body pierce," as a verb, means to perforate any human body part or tissue, except an ear, and to place a foreign object in the perforation to prevent the perforation from closing.
DHS 173.03(6) (6) "Body piercer" means a person who performs body piercing on another person at that person's request.
DHS 173.03(7) (7) "Body piercing" means perforating any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing.
DHS 173.03(8) (8) "Body-piercing establishment" means the premises where a body piercer performs body piercing.
DHS 173.03(9) (9) "Cleaning" means the removal of foreign material from objects, normally accomplished with detergent, water and mechanical action.
DHS 173.03(10) (10) "Department" means the Wisconsin department of health services.
DHS 173.03(11) (11) "Disinfectant" means a chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores.
DHS 173.03(11m) (11m) "Establishment" means a body-piercing establishment, a tattoo establishment, or combined tattoo and body piercing establishment.
DHS 173.03(12) (12) "Hot water" means water at a temperature of 110°F. or higher.
DHS 173.03(13) (13) "Local health department" means an agency of local government that takes any of the forms specified in s. 250.01 (4), Stats.
DHS 173.03(14) (14) "Operator" means the owner or person responsible to the owner for the operation of a tattoo or body-piercing establishment.
DHS 173.03(15) (15) "Patron" means a person receiving a tattoo or body piercing.
DHS 173.03(16) (16) "Practitioner" means a tattooist or body piercer.
DHS 173.03(17) (17) "Premises" means a building, structure, area or location where tattooing or body piercing is performed.
DHS 173.03(18) (18) "Sharps waste" means waste that consists of medical equipment or clinical laboratory articles that may cause punctures or cuts, such as hypodermic needles, syringes with attached needles and lancets, whether contaminated, unused or disinfected.
DHS 173.03(19) (19) "Single-use" means a product or item that is disposed of after one use, such as a cotton swab, a tissue or paper product, a paper or soft plastic cup, or gauze or other sanitary covering.
DHS 173.03(20) (20) "Sterilization" means the killing of all organisms and spores through use of an autoclave operated at a minimum of 250°F. (121°C.) at pressure of at least 15 pounds per square inch for not less then 30 minutes or through use of an autoclave approved by the department that is operated at different temperature and pressure levels but is equally effective in killing all organisms and spores.
DHS 173.03(21) (21) "Tattoo," as a verb, means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.
DHS 173.03(22) (22) "Tattoo establishment" means the premises where a tattooist applies a tattoo to another person.
DHS 173.03(23) (23) "Tattooist" means a person who tattoos another person at that person's request.
DHS 173.03(24) (24) "Tempered water" means water ranging in temperature from 85°F. to less than 110°F.
DHS 173.03(25) (25) "Temporary establishment" means a single building, structure, area or location where a tattooist or body piercer performs tattooing or body piercing for a maximum of 7 days per event.
DHS 173.03 History History: Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 08-073: renum. from HFS 173.03 and am. (10), cr. (11m) Register January 2009 No. 637, eff. 2-1-09.
DHS 173.04 DHS 173.04Licenses.
DHS 173.04(1) (1) License required.
DHS 173.04(1)(a)(a) Establishments.
DHS 173.04(1)(a)1.1. No person may operate an establishment until the person has obtained a license from the department or its agent by submitting an application under sub. (3) and paying the applicable fee specified under s. DHS 173.05. A separate license is required for each establishment.
DHS 173.04 Note Note: Local health departments that are agents for the department have authority under s. 252.245 (4), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
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