HomeMy WebLinkAbout2003 03 10 Regular C Tattoo and Body Piercing Business
'COMMISSION AGENDA
ITE1Vl C
CONSENT
INFORMATIONAL
PUBLIC HEARlNG
REGULAR X
03/1 0/03
Meeting
MGR. /DEPT
Authorization
//7--
REQUEST:
The Community Development Department recommends Approval of a request for. a
Conditional Use within-the City of Winter Springs C-2 District, to allow a Tattoo & Body
Piercing business at 883 and 885 North Highway 17-92.
;""':."' ,
NOTE: The material presented on February 24, 2003 has been Amended with Additional
information as per the request of the Commission. The new material is found within the body of
this document and as Attachments "F", "G", "H", "I", & "J".
PURPOSE:
The purpose of this agenda item is to consider a request of the applicant to allow a Tattooing and
Body Piercing business as a Conditional Use in the C-2 (General Commercial) zoning district.
APPLICABLE LAW AND PUBLIC POLICY:
Winter Sprines Code of Ordinances. Section 20-251. In General.
The lands of the C-2 General Commercial District are to be used by a variety of commercial
operations which serve the commercial needs of the community. The pUfpose of this district is
to permit the normal ope:ration of the majority of general commercial uses under such conditions
of operation as will protect abutting residential and other noncommercial uses, minimize the
interruption of traffic along adjacent thoroughfares, promote aesthetic and architectural harmony,
attractiveness and compatibility within the community, and abide by the performance and
development staridards of the city, county, state and U.S. government. The District is intended
for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher
traffic generating general commercial uses.
Winter Sprines Code of Ordinances. Section 20-254. Conditional Uses.
(8) Body piercing and tattoo shops..
March 10, 2003
Regular Item C
Some excerpts from the following Florida Statutes are included under "Findings".
The full text of these Statutes can be found as Attachment "J".
Florida Statute'877.04. Tattooin!! prohibited: penalty
Florida Statute 381.00'75. Re!!ulation of Bodv Piercin!! Salons
Florida Statute 381.0098, Re!!ulation of Biomedical Waste
Florida Administrativ('~ Code (F.A.C.), Chapter 64E-19
CHRONOLOGY:
January 21,2003- Conditional Use application received by the City.
January 29,2003- Noticing to Property Owners within 150'
February 6, 2003- Board of Adjustment heard the request and recommended Approval.
February 10, 2003- City Commission tabled the Agenda Item, with a request for Staffto provide
information on the health, safety and welfare risk to city residents.
FINDINGS:
During the last ten years" according to U.S. News & World Report, tattooing has become one of
America's fastest growing categories of retail business, in part due to its broader acceptance and
popularity throughout mainstream society.
The art of tattooing has undergone dramatic changes during the last 30 years. In the 1970s, artists
trained in traditional fine art disciplines began to embrace tattooing and brought with them
entirely new sorts of sophisticated imagery and technique. Advances in electric needle guns and
pigments provided them with new ranges of color, delicacy of detail and aesthetic possibilities.
The physical nature of many local tattooing establishments also changed as increasing numbers
of operators adopted equipment and procedures resembling those of medical clinics.
The cultural status of tattooing has steadily evolved from that of an anti-social activity in the
1960s .to that of a trendy fashion statement in the 1990s. Today, tattoos are routinely seen on
rock stars, professional sports figures, ice skating champions, fashion models, movie stars and
other public figures who playa significant role in setting the culture's contemporary mores and
behavior patterns.
USA Today reported: "The once-rebel art of tattooing has achieved mainstream popularity in 90's
America. Today's typical tattoo studio is clean and comfortable with tattooing areas that
resemble medical-clinic rooms. The people who come in on any given day might be students,
professionals, even senior citizens."
The Centers for Disease Control (CDC) categorizes tattooists as "personal service workers"
along with hairdressers, barbers, manicurists, acupuncturists, and massage therapists. Since the
early 1980s, this category of workers has received intense scrutiny in ongoing CDC
investigations of how the HIV virus that causes AIDS is spread. In its HIV/AIDS Surveillance
Reports, CDC has consistently noted that it has documented "no cases ofHIV transmission
through tattooing" anywhere in the country since it began tracking such data in 1985. (HIV/AIDS
Surveillance Report). By comparison, there have been at least 7 cases ofHIV transmission
associated with dentists and dental workers.
U:\Commission\031 003_ Regular _ C _Tattoo _ Conditionat Use.doc
March 10, 2003
Regular Item C
Of the 13,387 annual cases of hepatitis detailed in a 1996 CDC report, 12 were associated with
tattoo studios. By comparison, 43 cases -- or better than 300% more -- were associated with
dental offices (Hepatitis Surveillance, Report Number 56, April, 1996, Center for Disease
Control and Prevention).
In 1999, the American Medical Association House of Delegates issued a call to increase
regulation of tattooing practices. (Recommendations for Prevention and Control of Hepatitis C
Virus (HCV) Infection and HCV-Related Chronic Disease (Journal of the American Medical
Association)
Supporters of legislation pointed to the risks of infection and possible allergic reactions as
reasons to restrict tattooing. "If [tattooing] is not performed in a sterile envirorunent, it's not a
safe procedure," says Eric Mast of the Centers for Disease Control. As part of a $1 million
educational campaign, called Get Hip to Hepatitis, the American Liver Foundation highlighted
tattooing and body piercing as hepatitis risks.
ABOUT TATTOO PROCEDURES
Most important procedures: A.) Brand new, one-time-use, sterilized needles for each customer,
B.) One-time-use, disposable ink containers discarded after each customer, C.) Latex medical
rubber gloves for tattoo :artist, and D.) Effective, medical-grade surface disinfectants.
From a public health standpoint, there are four areas of the tattoo process that have the potential
to spread infectious disease. It is crucial for items that touch a customer's body -- like needles
and the ink itself -- to be disposed after each customer. Small amounts of various colors of ink
are poured into new plastic reservoirs which are then used to ink the tattooing needles. When a
customer is done, all these small ink containers and their remaining contents are disposed -- thus,
fresh, uncontaminated ink is used for each customer.
It is equally important that the surface of the tattoo artist's hands, which touch each customer, be
sheathed in medical-grade Latex gloves that are discarded after each customer. And finally, it is
important that medical-grade disinfectants be used to clean those table surfaces touched by the
skin and limbs of a customer.
The following are the primary complications that can result from tattooing (u. S. Food and Drug
Administration, Center for Food Safety and Applied Nutrition Office of Cosmetics and Colors Fact Sheet, November
29, 2000):
. Infection. Unsterile tattooing equipment and needles can transmit infectious diseases, such as
hepatitis. The risk of infection is the reason the American Association of Blood Banks requires a
one-year wait between getting a tattoo and donating blood.
U :\Comrnission\031 003_ Regular _ C _Tattoo _ Conditional_ Use.doc
March 10, 2003
Regular Item C
It is extremely important to make sure that all tattooing equipment is clean and sterilized before
use. Even if the needles are sterilized or never have been used, it is important to understand that
in some cases the lequipment that holds the needles cannot be sterilized reliably due to its design.
In addition, the person who receives a tattoo must be sure to care for the tattooed area properly
during the first week or so after the pigments are injected.
. Removal problems. Despite advances in laser technology, removing a tattoo is a painstaking
process, usually involving several treatments and considerable expense. Complete removal
without scarring may be impossible.
. Allergic reactions. Although allergic reactions to tattoo pigments are rare, when they happen they
may be particularly troublesome because the pigments can be hard to remove. Occasionally,
people may develop an allergic reaction to tattoos they have had for years.
. Granulomas. These are nodules that may form around material that the body perceives as
foreign, such as particles of tattoo pigment.
. Keloid formation. If you are prone to developing keloids -- scars that grow beyond normal
boundaries -- you ,are at risk of keloid formation from a tattoo. Keloids may form any time you
injure or traumatize your skin, and according to Office of Cosmetics and Colors (OCAC)
dermatologist Ella Toombs, M.D., tattooing or micropigmentation is a form of trauma.
Micropigmentation: State of the Art, a book written by Charles Zwerling, M.D., Annette Walker,
R.N., and Norman Goldstein, M.D., states that keloids occur more frequently as a consequence of
tattoo removal.
. MRI complications. There have been reports of people with tattoos or permanent makeup who
experienced swelling or burning in the affected areas when they underwent magnetic resonance
imaging (MRI). This seems to occur only rarely and apparently without lasting effects.
According to the Food and Drug Administration, blood donations cannot be made for a year
after getting a tattoo or permanent makeup.
Many tattoo artists support both the age restrictions and regulations intended to protect people
who get tattoos from infiection. Such laws help kids "avoid the permanent effects of the frivolity
of youth," says Washington State Senator Pam Roach. The Alliance of Professional Tattooists, a
700-member organization that promotes safety practices, has helped numerous states draft their
legislation. Mick Beaslt::y, the organization's founder, says the group's members, and other
reputable tattoo artists, won't tattoo people they know are minors.
In response, most states have legislation regulating the tattoo and body piercing industry.
Section 877.04, Florida Statutes (F.S.), regulates the tattooing industry which requires tattooing
to be under the supervision of a "person licensed to practice medicine or dentistry" and that "no
body of a minor shall be tattooed without the written notarized consent of the parent or legal
guardian". (Included within Attachment "F" is a letter from Dr. David P. Kalin, Supervisory
Physician to the Applicant.)
The Applicant has indicated that no Minors under the age of 17 will be tattooed. Applicants who
are 17 must include notarized consent from their parents or legal guardian.
U:\Commission\031 003 _Regular _ C _Tattoo _ Conditional_ Use.doc
March 10, 2003
Regular Item C
In November of 1998, the Centers for Disease Control & Prevention National Center for HIV,
STD, and TB Prevention issued the following fact sheet alert:
Can I get HIV from getting a tattoo or through body piercing?
This Fact Sheet stated that a risk ofHIV transmission exists if instruments contaminated with
blood are either not sterilized or disinfected or are used inappropriafely between clients. CDC
recommended that instmments intended to penetrate the skin be used once, then disposed of or
thoroughly cleaned and sterilized and that personal service workers who do tattooing or body
piercing should be educated about how HIV is transmitted and take precautions to prevent
transmission ofHIV and other blood-borne infections in their settings.
In 1999, the Florida Legislature passed Section 381.0075, Florida Statutes (F.S.), regulating the
body-piercing industry.
Chapter 64E-19, Florida Administrative Code (F.A.C.) prescribes the minimum sanitary and
safety requirements related to the design, operation, and maintenance of body-piercing salons
and temporary establishments.
. A person may not operate a body piercing establishment unless it is licensed under
Florida Statute, 381.0075. In accordance with Chapter 64E-19, F.A.C., owners and
operators of body-piercing salons and temporary establishments require an operating
license, which is subject to annual renewal. Body-piercing licenses are issued by many
of the Department of Health's county health departments. A license for an establishment
is not transferable. from one place or person to another.
. Operators and ph~rcers (defined in subsection 381.0075(2), F.S., and section 64E-19.002,
F.A.C., respectively) must be trained in infection-control procedures prior to licensure of
a body-piercing salon. Training courses are reviewed and accepted by the Department of
Health, Bureau of Facility Programs.
. Owners and operators of body-piercing salons and temporary establishments are required
to post information on where a report of injury or complaint of injury should be filed.
. A person may not perform body piercing on a minor without the written notarized
consent of the miinor's parent or legal guardian, and an establishment may not perform
body piercing on a minor under the age of 16 unless the minor is accompanied by a
parent or legal guardian.
. The following ar,e prohibited acts according to Florida Statute and constitute a felony of
the third degree:
1. Owning, operating, or soliciting business as an establishment without first procuring a
license from the Florida Department of Health.
2. Obtaining or attempting to obtain a license to operate an establishment by means of
fraud, misrepresemtation, or concealment.
. The following acts constitute a misdemeanor of the second degree:
U :\Commission\031 003_ Regular _ C _Tattoo _ Conditional_ Use.doc
March 10, 2003
Regular Item C
1. Failing to maintain the records required by Florida Statute or knowingly making false
entries in such re:cords.
2. Failing to comply with the requirements ofF.S. 381.0075 (7) regarding minors.
. In addition to any other punishment provided for, the court may suspend or revoke the
license of any body-piercing salon who has been found guilty of any violation ofF.s.
381.0075 (8) (a) or (b).
. The Florida Department of Health shall inspect or investigate an establishment as
necessary, but at least annually, to ensure compliance with Florida Statute 381.0075.
Department personnel may, at any reasonable time, enter any establishment licensed
under this section or any premises the department has reason to believe is being operated
or maintained in violation of this section, to determine compliance with this section or
any rule adopted under this section.
· The Florida Department of Health may impose an administrative fine, not to exceed
$1,000 per violation per day, for the violation of any provision ofF.S. 381.0075.
· The Florida Department of Health has authority to adopt rules related to sanitation.
practices, sterilization requirements and procedures, patient record content requirements,
personnel record retention requirements, patient notification requirements and
procedures, physical plant requirements, light requirements, and enforcement procedures.
· Because body piercing is an invasive procedure that presents the potential for infection.
Not only can piercing lead to infections of the pierced site (especially if aftercare
procedures are not followed), but it also has the potential to transmit bloodbome
pathogens, such as Hepatitis B, if minimum sanitary and safety standards are not met.
The Florida Department of Health has produced an educational video to aid piercing
salons in complying with required minimum standards and a copy is provided free to
each licensed salon. The department also has developed a brochure containing 10
common questions related to body piercing which is included as Attachment "I".
Specific Requirements for Body Piercine: Salons as ree:ulated bv Florida Statute 381.0075
1!!.Ll
(a) A body-piercing salon must:
1. Properly sterilize all instruments that pierce the skin, directly aid in piercing the skin, or may
come in contact with instruments that pierce the skin, through such means as storage in trays
with other instruments or contact with forceps, in accordance with the sterilization procedures in
this section.
2. Sanitize all equipment indirectly used in body piercing, including any beds, tables, headrests,
annrests, legrests, or handrails.
3. Use protective infection barriers such as gloves and masks when serving a customer. If the
protective barriers are contaminated, they must be properly disposed of immediately. Protective
barriers may only be used once and only for one customer.
U:\Commission\031 003_ Regular _ C _Tattoo _ Conditional_ Use.doc
March 10, 2003
Regular Item C
4. To the degree possibJle, thoroughly cleanse the area to be pierced with an antiseptic solution
before and after the piercing.
5. Use only jewelry that is made of implant grade high-quality stainless steel, solid gold of at
least 14K weight, niobium, titanium, platinum, a dense, low-porosity plastic, or silver and that is
free of nicks, scratches, or irregular surfaces.
6. Provide each customc~r with written instructions on the proper care of the pierced area so as to
prevent infection.
7. Maintain a record of leach customer's visit for a period of not less than 2 years, including, but
not limited to, the customer's name, date of visit, and area pierced and the name of the person
performing the piercing.
8. Report any injury or any complaint of injury to the department on forms prescribed by the
department and provide a copy of the report to the complainant.
(b) Sterilization procedures must include the following:
1. Proper autoclaving must be done according to the autoclave manufacturer's instructions.
2. There must be a sterilization indicator in each autoclaving to monitor the sterilization
procedure. The indicator must indicate exposure to steam and 250&; Fahrenheit.
3. Contaminated instruments must be sterilized in the following manner:
a. The contaminated instruments must be'thoroughly cleansed with an antiseptic solution,
according to the instructions for the antiseptic solution, and hot water.
b. The contaminated instruments and all other instruments, must be packaged properly and
loaded correctly into the autoclave.
c. The contaminated instruments must be sterilized by autoclave.
4. All sterilized instrum(~nts must be stored and handled in a manner that maintains sterility.
5. Autoclaves must be cJleaned regularly and serviced at least once a year.
6. Each body-piercing salon utilizing autoclave sterilization techniques must post the
sterilization procedures and ensure that personnel responsible for performing the sterilization
procedures are adequately trained.
7. All staff must be trained in proper infection-control procedures.
8. Presterilized, prewrapped, disposable instruments may be used, but must be used in
accordance with the manufacturer's instructions.
(c) The body-piercing salon must be in compliance with Florida Statute., 381.0098 Biomedical
Waste (which establishes standards for the safe packaging, transport, storage, treatment, and
disposal of biomedical waste).
U:\Commission\031 003_ RegUllar_ C _Tattoo _ Conditional_ Use.doc
March 10, 2003
Regular Item C
BOARD OF ADJUSTI"ENT:
At its regularly schedule:d meeting of February 6,2003, the City of Winter Springs Board of
Adjustment heard Mr. & Mrs. Burkhart's request for a Conditional Use and voted to recommend
Approval of the Conditional Use.
STAFF RECOMMEN:DATION:
Staff recommends Approval of Primal Urge Tattooing & Body Piercing as a Conditional Use on
the subject property at 883 & 885 North Hwy 17-92; The request is consistent with all applicable
goals, objectives and policies of the City's adopted Comprehensive Plan; The request is in
conformance with the purpose and intent of the City Code and with all applicable requirements.
Considering the type and location of uses involved and the general character ofthe area, the
request would not result in any incompatible land uses, including such factors as height, bulk,
scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed
important.
In addition, Staffbelieve:s that the health, safety and welfare of the citizens of the City of Winter
Springs' would not be jeopardized, primarily due to the amount of State regulation of
establishments that offer body piercing and tattooing.
ATTACHMENTS:
A. Summary of Application
B. Locl:ltion Map & Site Plan
C. Conditional Use Application
D. Letter to Property Owners within 150'
E. Board of Adjustment Draft Minutes from February 6, 2003
F. Supervision and Regulation of 'Primal Urge Tattoo and Body Piercing' (New)
1- Operating Pennits issued by the Florida Department of Health to Primal Urge Inc. at
883/885 Hwy 17-92, Winter Springs, Florida 32750;
2- Certificate of Training for Vincent Burkhart, Vice President
3- Sterilization Report Form and Laboratory Results
4- Steri-Safe Service Agreement for Disposal of Medical Waste
G. Forms Distributed to Clientele of 'Primal Urge Tattoo and Body Piercing' (New)
1- Consent Form (Separate Form for Each) & Checklist
2- After Care Instructions
H. Injury Report (As Posted at the Establishment) (New)
I. 10 Frequently asked Questions About Body Piercing in Florida (New)
J. Florida Statutes and Administrative Code Related to the Regulation of Tattoo and Body
Piercing Salons (New)
COMMISSION ACTION:
U:\Commission\031003 _Regular_ C _Tattoo_ Conditionat Use.doc
March 10, 2003
Regular Item C
ATTACHMENT 'A'
SUMMARY OF A][>>PLICATION:
Applicant:
Beth Burkhart, President
Vincent Burkhart, Vice President
Primal Urge Tattooing & Body Piercing Inc.
883/885 Hwy 17-92
Winter Springs, Florida 32750
Property Owner:
Brucato Family Trust
897 Paddington Ten-ace
Lake Mary, Florida 32746
Site Information:
Parcel Number - 28..20-30-5AS-OBOO-OIIO
Location - Primal Urge Tattooing & Body Piercing is a tenant in the building owned by the
Brucato Family Trust at 883 & 885 North Hwy 17-92 located on east side of Highway 17-92 ,
just south of Shepard Rd. There are 2 other tenants (Precision Window Tinting & Boxes Etc.)
directly adjacent to the Applicant which share the same parking lot and are within the same
structure.
Existing Land Use - The adjacent land uses (on the same parcel ofland) are Commercial.
Adjacent parcels (under other ownership) are also used commercially. Some of these parcels
are within Winter Springs, while others are in the County. Nevertheless, the County and City
have similar objectives related to existing land use, zoning and future land use designations
along this section of Highway 17-92, as shown in the table below.
March 10,2003
Regular Item C
Existing Land Uses Zoning FLUM
Subjlect Site Commercial C-2 (WS) Industrial (WS)
887 N Hwy 17-92 Precision Window Tinting
883 N Hwy 17-92 PRIMAL URGE TATTOO
881 NHwy 17-92 Boxes Etc.
875NHwy 17-92 Land Poultry
875B N Hwy 17-92 Big B Produce
863 N Hwy 17-92 JMR Prod Inc
North
- NHwy 17-92 Vacant C-2 (WS) Industrial (WS)
975 N Hwy 17-92 (Commercial) Five Pt. Motors C-2 (SC) Commercial (SC)
--.-.----..-.-.--....--- -..-...-...------------ ----.-----. ~--,--------------------,---
South
855 N Hwy 17-92 (Commercial) Cycle Riders C-2 (SC) Commercial (SC)
821 N Hwy 17-92 (Commercial) US Pawn C-2 (WS) Industrial (WS)
.--- --' .._-
East
- N Hwy 17-92 j.9~.!!!:ffiercial) Sun Homes -- ~~ (WS)_ Industrial (WS)
- N Hwy 17-92 (Commercial) Wallace C-2 (WS) Industrial (WS)
----.-------------..---- ..----.-----------..-- -~,---~._,---- .______M_________________.___
West
1018 N Hwy 17-92 (Commercial) Church C-2 (SC) Industrial (SC)
930 N Hwy 17-92 (Commercial) Ruben's Tire M-l (SC) Industrial (SC)
920 N Hwy 17-92 (Commercial) M-l (SC) Industrial (SC)
880 N Hwy 17-92 (Commercial) C-2 (SC) Industrial (SC)
850 N Hwy 17-92 (Commercial) C-2 (SC) Industrial (SC)
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
Development Trend~l- The subject site is already developed. The proposed Conditional Use
is consistent with tht:~ general character ofthe C-2 Zoning along Highway 17-92.
LetterslPhone Calls ill Favor Or Opposition - Letters from the following individuals were
submitted by Primal Urge Tattoo and Body Piercing when application was made on January
21,2003. These individuals have no objection to the tattoo studio:
Marcia Brucato with Brucato Family Trust at 975 Paddington Terrace, Lake Mary, FL 32746
Damian Jeurgot (sp?) with Window Tinitng at 887 N Hwy 17-92
Bob Brucato with Boxes Etc. at 881 N. Hwy 17-92
Kathy Brucato with Big B Produce at 875 N. Hwy 17-92
Alan DOnneister (sp?) with Used Car Lot at 1010 N. Hwy 17-92
Ruben Feliz (sp?) with Tire Service at 930 N. Hwy 17-92
(?) with Car Mechs Inc. at 920 n. Hwy 17-92
Jason Sykes with Technologies WS at 700 Castlewood Dr.
ATTACHMENT 'B'
LOCATION' MAP:
.~o
O!$I.
'586ft
l
SITE PLAN:
N
,r
It
,. ~
=t'
~
~
't
.... -' . -;
~.--_._.,- :.- - ,.'
. +'
r, ,
. .
...
!
~
/;>
.'" .
. . .' . .-
......_~-..'\
.
. . .~.
.,
~ WEAAn-
' . ~"'Z;t''''
,
':.~~~
.;: .::'
~. . :
: ';!-:
" .."
. !~ :" '.~1. .
4-.-"
'..
. ATTACHMENT 'c'
:#..
-:-:) .~tJ().~)
..:::.. ..
.I
,. .
)"
'BOARD'OF ADJUSTMENT APPLICATION
! CITY OF'KI~TER SPRINGS
> ,~ 1126 'EAST STATE ROAD. 434
IWINTER'SPRHIOS., Fli ,3.2708-2199
. ,(401)327-1800
FOR: SPECIAL EXCEPTION
VA'RIANCE
. X 'CONDITIONAL' USE
. ADMINISTRATIVE DECISiON
, . .~ . . " 0. 1.~~6~\rc. .
1. AF'PLICANT:~~\~\ l)~~~O ~~ 'PHQNE. ': YO?~qs-~7
ADDRES~: ~O,~ \\) \-\u.l~. \.,-~ .'~\0r~\; Ih ~/SO
2 PURPOSE OF REQUEST I l1::Yn.ct.\ \-\ o......n...Q. ~-e. ' .
" .
3. ATTACH A COPX OF THE PARCEL SURVEY.
~.
. , .
'. -4. AT'rACH AN ll..x 17 MAP SHOWI.NO THE St!BJftIf~~ND
SURROUNDING PARCELS. ' .' ~-. Vl!!!'g
5. ~TnCH LEOAL'DE~CRIPTION. ,', . JAN.. "lDDS;,
6. TAX, PARCEL ~riENTIFicATION NU~B~~:' ;j~d~~~~.lDr"'\ 0\'0
. . .
7. LOCATtp 'OF PARCEL. (S~reet .Addr~S's '~~dlor <Near~st Cross
streets) I '0 0 6, -.,
. ""1-. . .
8. PRESENT ZONINO: c...,- ~ '. \ FU~t!RE :L~Nri bSE i \;~..,:t~:o~\~
.4 . ,
By Sign:lng below' I understand that City o.t"Win.ter Sp~in'9s Officials
may en'ter upon my property to ins~.ect that portion. as relates to
this appl!caiionl
(If t.he applic",nt is not. the..owner of the subject. property, the
applicant must. ll.ttaph' a letter of authorhation. signed by the . .
owner),' .' . . :\ '.~
~~\~~ ()~~c:\.-~>'~ ".~~~\~~0 ~~~~ \~~e~\~c.~
OWNE~-Pl~~.~ ~ '. .'. . -." . '__-I-~ ~~+-_
~.G:"''''''A-\-) f!1M0-(. V . (v.p)
'. ,.
PERSONS ARE ADVISED THAT, IF THEY DECIDE'TO APPEAL ANY,'bECISIONS
HADE.AT THESa HEETINds/HEARINOS, THEY WltL NEED A,~ECORti OF THE
PROCEEDtNO~ ANti FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A ,
VERBA'I'IH'RECORO-PF .THE PROCEEDINGS IS ijAPE, 'AT'1'HEIR 'CPST, WHICH i. .
INCLUDES THE"ESTIHONY AND EVIbENCE OpbN ~aICH THE APPEAL IS TO BE,Jf
BASED, ~ER SECTIO~ 2~6.oio~, FLORIDA STATUTES 'J~
SECTION 20-84 - APPEALS FROM DECr'SIONS OF THE BOARD OF ADJUSTMENT
(1) Anj ~erson, or persohs,' jointly or severally agifrieved by.
any decision of the Board of Adjustment may, 'within thirty (30)
d~s.aftllr the Hling of any deCision i.n the offioeof the Board of
Ad'Nstment I. but not thereafter I' appl y .to' the 'C1t:y Counoi 1 f.or
administrative ~e1ief. After a hearing,befor~ the CftY.Qounoil an
agqri~Ye4 ,arty mat, ~i~hin thirtr {30)' days a(tar th~ deoision of
~ho city C\:?unoil, file an appeal w~~h a oo(1rt of ~mpetent
~ur~sdi'ot,iol\ over. the 8\1~jeo~ mathf:,' .
ATTACHMENT'D'
L~TtER TO PROPERTY OWNERS wrrlnN 150':
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
NOTICE OF PUBLIC MEETING'
January 27,2003
Dear Property Owner:
The City of Winter Springs Board of Adjustment will conduct a Public Meeting on
Thursday, February 6, 2003, to hear a request for a Conditional Use within the City of
. Winter Springs C-2 Zoning District, to allow a Tattoo and Body Piercing business at
. 883 & 885 North Hwy 17-92, Winter Springs, Florida 32750. The meeting will be held at
City Hall in the City Commission Chambers, starting at 7:00 P.M. The property is described
as follows:-'
Parcel #: 28-20':30-5AS-OBOO-OI10
Legal Description: LEG LOT 11 (LESS ELY 300 FI) Block B OAK GROVE
PARK Plat Book 7 Page 83 .
If you have any questions about this application, please contact me at (407) 327. 5961 or
FAX (407)327.6695.
Thank you,
Eloise M. Sahlstrom, Aicp, ASLA
Senior Planner
March 10, 2003
Regular Item C
ATTACHMENT'D'
PROPERTY OWNERS WITHIN 150':
Brucato Family Trust
RE: Property located at: 881 Hwy 17-92
Parcel # 28-20-30-5AS-OBOO-0110
897 Paddington Terrace
Lake Mary, Florida 32:746
Longwood Church of Christ Inc
. Attn Thomas E. Thompson
RE: Property located at: 1018 N. Hwy 17-92
Parcel # 28-20-30-5AS-OAOO-0150
212 Sanora Blvd.
Sanford, Florida 32773
Nicholas L & Gayle Gattuso
RE: Property located at: 975 Hwy 17-92
Parcel # 28-20-30-5AS-OBOO-0130
1110 Cambridge Ct.
Longwood, Florida 32779
Brian Connaughton, Vivian Connaughton,
& Gloria Yallico .
RE: Property located at 1010 N Hwy 17-92
Parcel # 28-20-30-5AS-OAOO-0140
7220 Hwy 17-92
Casselberry, Florida 32707
Ronald K. Wallace & Leigh J. Wallace
RE: Property located along Hwy 17-92
Parcel # 28-20-30-5AS-OBOO-0120
612 Fallsmead Circle
Longwood, Florida 32750
Ruben Tire Service Corp.
RE: Property located at 930 N. Hwy 17-92
Parcel # 28-20-30-5AS-OAOO~0130
930 N. Hwy 17-92
Longwood, Florida 32750
The Wallace Seat Companies Inc.
RE: Property located along Hwy 17-92
Parcel # 33-20-30-523-0000-00AO
P.O. Box 521161
Longwood, Florida 32752
Mounir Wakas
RE: Property located at 920 N Hwy 17-92
Parcel # 28-20-30-5AS-OAOO-0120
# 28-20-30-5AS-OAOO-012A
920 N. Hwy 17-92
Longwood, Florida 32750 .
Sun Homes of Orlando, Inc.
RE: Property located along Hwy 17-92
Parcel # 33-20-30-523-0COO-0000
700 Riverbend Blvd.
Longwood, Florida 32779
Essie L., Connie & Jimmie Ramsey
RE: Property located at 880 N Hwy 17-92
Parcel # 28-20-30-5AS-OAOO-OIlO
P.O. Box 1352
Sorrento, Florida 32776
Mitchell D & Lynn S. Marqui
RE: Property located at 855 Hwy 17-92
Parcel # 33-20-30-501-0000-0010
3759 Brantley Place Circle
Apopka, Florida 32703
John Mollica, Rae Mollica, & Carmine Briscese
RE: Property located at 950 N. Hwy 17-92
Parcel # 28-20-30-5AS-OAOO-Ol 00
2143 Conifer Avenue
Winter Park, Florida 32792
',.
ATTACHl\1ENT 'E,'
. BOARD OF ADJUSTMENT DRAFr MINlTTES:
CITY OF WINTER SPRINGS
PARTIAL MlNUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
FEBRUARY 6, 1003
DR4f:r
I. CALL TO ORDER
Chairman Tom Waters called the Regular Meeting to order Thursday, February 6, 2003 at
7:05 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 3~?98).
J
RollCall:
Chairman Tom Waters, present
Vice Chairman Jack Taylor, present
Board Member Gary Diller, absent
Board Member John Herbert, present
The Pledge of AJllegiance . and a moment of silence "To remember the astronauts"
followed.
II. CONSENT AGENDA
CONSENT
A. Approval Of The December 5, 2002 Regular Meeting Minutes.
Chairinan Waters asked that a "S" be added to his name on ''Page 2, last paragraph."
"I MAKE A MOTION TO APPROVE THE MINUTES As CORRECTED."
MOTION BY VICE CHAIRMAN JACK TAYLOR. SECONDED BY BOARD
MEMBER JOHN HERBERT. DISCUSSION. WITH CONSENSUS OF THE
BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
III. . REGULAR AGENDA
REGULAR
A. Election of Om.eers
"I MAKE A MOTION THAT WE LEAVE THE OFFICERS AS THEY ARE."
MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER
HERBERT. WITH CONSENSUS OF THE BOARD, THE MOTION WAS
APPROVED.
MOTION CARRIED.
DRAFT
REGULAR
B. Request For A Conditional Use Within The City Of Winter Springs C-2 Zoning
District, To Allow A Tattoo And Body Piercing Business At 883 and 885 North
Highway 17-92.
The Agenda Item was introduced by Ms. Eloise Sahlstrom, AlCP,ASLA, Senior Planner,
Community Development Department.
Chairman Waters disclosed past "Dealings with the Property Owner of this business in
my other job. I did talk to the City Attorney about it and we agreed that it does not effect
the decisions we make here tonight. I don't stand - anything to gain financially from it-
and it is my responsibility to go ahead and hear and vote on it."
"I MAKE A MOTION TO PASS ON TO THE COMMISSION THE STAFF
RECOMMENDATlON THAT APPROVAL OF THE PRIMAL URGE
TATTOOING AND BODY PIERCING AS. A CONDITIONAL USE BE
APPROVED." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY
BOARD MEMBl8:R HERBERT. DISCUSSION.
VOTE:
BOARD MEMBER HERBERT: AYE
CHAIRMAN WATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
APPROVAL OF PARTIAL MINUTES:
~q/,a
THOMAS WATi S, CHAIRMAN
BOARD OF ADnJSTMENT
~J>~~"
o .
,
"'
March 10, 2003
Regular Item C
NEW ATTACHMENTS:
\
6]F9 Supell"vnsnollll and Reguna~imll of '.Primal Urge Tattoo lillllhd Body Piercing' (New)
1- Operating Permits issued by the Florida Department of Health to Primal Urge Inc. at 883 /
885 Hwy 17-92, Winter Springs, Florida 32750;
2- Certificate of Training for Vincent Burkhart, Vice President
3- Sterilization Report Form and Laboratory Results
4- Steri-Safe Service Agreement for Disposal of Medical Waste
6(;9 Forms IJ))i!ltlrib1llted to CllielIl\tele of 'Plritmlilll Ulrge 1['at~oo and Body Pilclrcillmg9 (New)
3- Consent Form (Separate Form for Each) & Checklist
4- After C:are Instructions
5-
6JBJ.9 Jill1l]lUlry Report (As Posted at the Establidlment) (New)
61[9 10 FreqlUlfmtly asked QUllestnonns Abo1llt Body .Pierdng nnn Flornda (New)
6.1f9 Fiorida Sta~udes alIU:ll AdmulIIlistrative CoOle Related to the ReglUllatnorrn of Tattoo amll1Body
Pnelrdrrng SlillRoJIls (New)
March 10, 2003
Regular Item C
ATTAC~ENT'F'(Ne~
Supervision and Re!!ulation of 'Primal Ur!!e Tattoo and Bodv Piercin!!':
. ..... '" ~.~ .... "... ... ..... . . -. "...
d STATE OF FLORIDA
IAL- T" OF . ... DEPARTMENT OF HEALITH
~ . .' OPERATING PERM T
BioMedical Waste Program-Body Piercing Salon
649224
Audit Control:
Permit Number: 59.64.00620
Primal Urge Ine
883 N Highway 17-92.
Longwood, FL 32750
Primal Urge Inc
883 N Highway 17-92
Longwood, FL 327~0
County: Seminole
Issue Date:
Amount Paid:
Date Paid: .
01/15/03
$150.00
1/15/03
Permit Expires On:
.Iohn W \.ochn::HlA
. DIRECTOR OF ENVIRONMENTAL HEALTH
.I RAndA, MO
HEALTH DEPARTMENT DIRECTOR
,.
[)ISPLA Y CERTlFICA TE IN A CONSPICUOUS
ORIGINAL. CUSTOMER
'"\:
STATE OF FLORIDA
DEPARTMENT OF HEALTH
OPERATING PERMIT
BioMedical Waste Program-Jattoo/Body Piercing
649225
Primal Urge'lne
883 N Highway 11-92
Longwood, FL 32750
Primal Urge Inc
883.N Highway 17-92
Longwood, FL 32750
Audit Control:
Permit Number: 59.64.00619
County: Seminole
Issue Date:
Amount Paid:
Date Paid:
01/15/03
$ 55.00
1/15/03
Permit Expires On:
.John W Cochrrml~
.I RAndR MO
,
~,~F~~O~~~~~~~~~':~ HEAL THDEPARTMENT DIRECTOR
DISPLAY CERTIFICATE IN A CONSPICUOUS PLACE ORIGINAL. CUSTOMER.
(Non" Transferable;
'~.""
.,:~..
, t.~...i!t,/:,~,""
.~'.:' .~
.~:;.
",:.'-,-,;~~.~:
'.' "
\
.,.~
,/:!-.... -I.,'
.:.....,;.:,,\.-.
:~>i:J\::..~'
" ,"
,~~""- ,"
.':
. :':-'~~?~ ".',
".,:\,~~~~." :'
. ',-~~'.: .
";
.~
;.~
~~: "
"':.-":
"
.."',':'.;.
,;$"
"':}- :~, ,~...
" .
"-",:,,:~";;'\' ,
'-, ..
,';"
"'""~ .
>
;-
..,>
~~-
Sterilization Report Form
1. Date of Test ~ d- d-lc-oci
2. Sterilizer ~e..-\~~ ~...,e.
(name or number)
O<Y'l~
3. Sterilization Process:
Q-sleam
o Dry Heat .
o Ethylene Oxide
5. Exposure Time
(Time at Sterilization Temperature)
6. Name of operator~ ~\.. ~~~
~~~c.\. 0'~42-
7. Return Address: (please print)
Name 'J?c-,~~Q l )~~ \~
Street ~ ~'1 ~....~ 1 \r-crd.
"-
City ~V\G\.Dt:>od -0 ~~/s-a
\ State Zip
4. Temperature
8. Phone No.: Area Code (
LABORATORY RESULTS
(To Be Completed By Propper Microbiology Lat
1. Date Cultured /:;-/3)))V ~
2. Lab Test Number 37889
3. Results Growth No Growth
Test Strip I V
Test Strip II v
Control V
4. Signature Cf~~'
5. Date Yi~lo3
propper manufacturing co., Inc.
36-04 Skillman Ave.
Long Island City: NY 11101
(718) 392-6650
..
..,..1"'....
...
..... Stericycle
.
, . . .
Account! Site #'
,'{,'"
..
This Service Agreement ("Agreement") is. entered into as of thisJ day:of _, 200~ by and be~ee~ Yr\ l"'0~1
("Customer'') and Stericyde, Inc."("Stericycle'l, a Delaware corporation.'.... : '.
STERi~SAFFM SERVrci:JjiiRtEMENT
eAY5'~.
00' " . ~rv!C\'! ~d~s~
Address~ I-JOr'H-) ~<....\. t 'lq~'
. 1
City/Stat~/~P~ LL::OOd J 't/-{ 3<91 s1)
E-Mail
Billing Address (If Different)
Address
City/State/Zip
Phone~bqs~Ext_
E-Mail
Fax 00) b~ &;).~ . Phone L-) _-_ Ext_
Fax (_)_-_
Contact _Title
Contact _Title
Hours M
T
w
Th
F
Sa
Su
UmitedAcceSs/Office Lunch Hour __
The parties agree as follows:
1. The Effective Date of this Agreementis Q1L..J03 ("Effective Date!'). .
2. Stericycle shall remove and dispose of Customer's Biomedical Waste subject to the terms and conditions set fortli below.
3. Stericycle will provide compliance services based on the program level selected below.
4. The first removal and disposal of waste from Customer shall occur after the scheduled number of weeks
has elapsed after the Effective Da~~ this Agreement. (~ogram Level AND $ per MJo~) .
$ per Month 0 PREFERRED ($~.J 0 SELECT ($2r...) 0 STANDARD ($/5.1) !V.Eg>nomv ($::11J
Dental Customers Only - Not Available In All Areas (..J One) Dental Waste Included 0 YES ~ NO .
Weekly A / B D E F G
Service Frequency/Year (..J One) [] 52 0 26 .13 0 6 0 4 0 3
(lx/wk) (lx/2wks) (1X/4wks) (lx/8wks) (1X/12wks) (1X/16wks)
Payment Schedule (..J One) [] MONTHLY * 0 QUARTERLY D ANNUALLY
* Monthly payment schedule only available for selected programs with pickup frequency greater than 13 pickups per year.
Additional Pickup Charge ($m Estimated Containers Per Year cL.3.) Sales ID #Hlestr
By signing below I acknowledge that I am Customer's authorized officer or agent and that I have the authority to bind
Customer to this Agreement. Customer agrees to be bound by the terms and conditions that appear on the second page
hereof and co ith. , W cce nce Policy, both of which are integral parts of this Agreement.
ruSfOME:R: Title <0 \..\.l ~ \"'?tT <;.~ cle~ Date \ -\ L\ .! 0 3
STERICYUE: . Title lit!.- ~ . Date lIEf' /J 3
H
02
(lxf24wks)
STERICYCLE USE ONLY - Complete Full Form
Type of Agreement (Cleek One) [gI New -0 Renewal 0 New Service Location 0 Service Change 0 Contract Clange
Term of Agreement 36 Months Segment Code _ Customer # _ Site ID # _
Tax Exempt: 0 YES 0 NO If YES, ID ;I/: _ (copy must accompany paperWork)
Purchase Order (if applicable) # _ From _1-..1 02 to -1-1
Sharps Forms Sent 0 YES 0 NO Copy Sent To Corporate - Date -I -IQ], Initials _ Promo Code _
Waste Acceptance Protocol Returned 0 YES D NO Pharmaceutical Waste Acceptance Returned 0 YES 0 NO
Automatic Payment via Bank 0 YES [J NO If YES, Account # _ Bank Name _
Automatic Credit Card Payment 0 YES [J NO If YES,. Contact: _ Phone (_) _ -_ Ext_
Routinq Information (Operations Dersartmentl:
Container Type _ Size _ Qty __ Type _ Size _ Qty __ None 0
Route #ti Cycle Begins Date -! -103 Day of Service 0 M . TOW 0 Th 0 F
Service Area ET District # _ Routing Comments (40 char. max)_
5peda1 Comments
Stericycl~, Inc. . www.stericycle.com . 254 W. Keene Road. Apopka. FL 32703. P (800) 825-4907 . F (407) 880,4144
,,'~"
.'
The offer Will Expire on:
_ STERI_SAFEsM TERMS AND CONDITIONS .., , Account/Site # . . :.},
I. BJomedlclll W8st~ 'Servlces (8) Stericycle,ln~, shall collect, transport, treat and dispose of all Biomedical Waste generated by Cust~mer durinl:'tj,~ ~~ of this A~~ment. -1Ji;medicai W~~."
melll1s sharps, hypodeimic needles, ~ microbial cultures" tissue cultures, animal tissues or organs, animal carcasses, animal bedding, laboratot)' containers and slides thar mce1 th.. defmition of,
regulated medical waste under 29 CPR 1910,1030 or 49 CFR 173,134; infectious substances arising from the agents listed under 42 CFR 72.3; and discarded items which may h~e been cOntamin~ .
by cbcmothcrapeutic, cytotoxic, or antineoplastic drugs and/or agents, provided that such items, including vials and syringes, shall be "empty" as, defmed in applicable federal, state" county::or .
.miWcipall4ws, regulations and guidelines, (b) "Non-Conforming Waste" means (i) any waste or other m~rial not.falling'mtlliti the definition of BiolJ1e.dica1.\J.Iaste; and; to the extent not coveied.by, ,
(i). (ii) fetal remains and human torsos; (iii) radioactive,reactive, corrosive, ignitable or toxic wastes and any and all other hazardous wastes and substances as defined in' any applicable federal, stiie;"
county or municipal laws, regulations and guidelines; (iv) pharmaceutical materials (except as allowed under subsection (a) of this section or to the extent that Stericycle gives prior written approval
.~ the pharmIWCuticals arc packaged according to instructions provided); (v) RCRA characteristic chemotherapy waste which has an alcohol base that fnakcs the mixture ignitable, such as Vepesid;'
and (vi) Chlorambucil, Cyclophosphamide, Daunomycin, Melphalan. Mitomycin C, Streptozotocin. and Uracil Mustard (which are listed RCRA Hazardous Wastes and must be lIl4naged as, suCh).
~on-Confonning Waste" shall also include improperly classified and/or improperly packaged Biomedical Waste. Customer shall only place sharps in designaied sharp containers. Stericycle may at
its discretion refuse to Collect containen that are improperly packaged or labeled, or that are wet or leaking,. and in any event Customer shall be liable for all injuries, losses and damages that ie.sult'
from such containers. Title to Biomedical Waste collectc:d from Customer shall transfer and vest in Stericycle at the time it is loaded into Stericycle's:tnick. Customer shall have tide to Biomedical
Waste at all prior times. Customer shall hold title to any Non-Conforming Waste at all times. .
:z. Tenn lInd Pricing Subject to the provisions below, the term ("Term") of this Agreement shall be Q2 months from the Effective Date. (a) This Agreement shall automaticaily renew' for successive
tenns equal to the original Term (each an "Extension Term") Wlless either party has notified the other party in writing dwmg the sixty (60) day period prior to any such renewal date of its desire to
ierminate this Agreement. All Extension Terms shall be subject to the terms and conditions. hereunder. (b) Stericycle reserves the right to adjust the contract price !O account for operational changes it
implements to comply with documented changes in law, to cover increases in the cost of fuel,. insurance, or residue disposal, or to otherwise address cost escalaticm. 'Stericycle may charge Customer a
fee to cover its administrative costs in the event that Customer changes its service requirements or program level during the Term. or Extension Tenn. Stericycle may change the price of any of its
goods or services not covered by, this Agreement at any time without notice to Customer. (c) In the event Customer terminates this Agreement prior to 'expiration of the term hereof (or any "Extension.
Term") or fails to perform any of its obligations WIder this Agreemen1, Stericycle shall have, without limitation. all rights and remedies provided at law or in equity, as weHas the right to recover from'
Customer an amount (which the parties hereby acknowledge constitutes Stericycle's liquidated damages and not a penalty) equal to f1fty percent ofthe Customer's average monthly charge multiplied .
by the number of months (including any partial months), :remaining until the expiration date of the then current term hereof. (d) Stericycle shall have the right to tenninate this Agreement at any time
by giving Customer at least sixty (60) days notice in the event that it is unaple to continue' performing its obligations under this Agreement due to the suspension. revocation, cancellation or termination.,
of any pennit required to perform this Agreement or in the event that a change in any law or regulation makes it impractical or uneconomical, in Stericycle' s sole discretion. to continue performing this
Agreement ,. .
3. BlUing Stericycle shall provide Customer with monthly" quarterly or annual invoices that are due upon receipt. Customer agrees to pay a late charge on any amoWlts owed to Stericycle that arc more
than 30 days old, at a rate,equal to the lesser of I lS% per month or the maximum rate permitted by law. Customer shall bear any costs that Stericycle may incur in collecting overdue amounts from
Customer, including, but not limited to, reasonable attorneys' fees and coun costs. Should any amounts due pursuant to this Agreement remain unpaid for more than 30 days from the date ofthe debt's
first invoice, Stericycle'shall have the option. witllout noti,;e to Customer, to suspend service under this Agreement until the overdue amounts (plus late charges, and collection fees) are paid. In the
evcl1 that Stericycle suspends services under this Agreem<:nt for any reason. including the expiration or termination of this Agreement or Customer's breach (see'2(c), above), Stericycle may remove
all containers belonging to it from Customer's prenuscs. Any non-compliant containers will be billed an additional container charge at the current container rate. Non-<:ompliant containers include
c:ontainers that are overweight under applicable laws or regulations or in excess of 60 pounds or containers holding Non-Confonni"g Waste, (including hazardous or radioactive waste or improperly
packaged or labeled medical waste.) ,
4. Surcharge Stericycle may also impose a surcharge in th~ event that Stericycle attempts to pick up waste at a Customer location (on either a scheduled pick-up or in response'!o a Cus10mer request)
and, through no fault ofStericycle, either (a) there is no Biomedical Waste for Stericycle to pick up, (b) waste is not ready for pick-up or (c) the Customer location is closed. Excess waste volwnes
significantly greater than average volume for similar generators shall be subject to a surcharge at the CWTcot surcharge container rate ($35.00) at Stericycle's discretion. Stericycle will impose this
JUrCbarge to deter abuses, including but not limited to, solid waste disposed in the medical waste stream, or Customer consolidation of the waste of several generators. under one site.
S. UabUity fo'r Equipment Customer shall have the care, custody and colllrol of containers and other equipment owned by Stericycle and placed at Cust~mer's premises and accepts re3ponsibility ~d
liability for the equipment and its contents except when it is being physically handled by employees of Stericycle. Customer agrees to defend, indemnify and hold harmless Stericycle from and against
".my and all claims for loss or damage to property, or personal injury or death, resulting from or arising in any manner out of Customer's use, operation or possession of any containers and other
"<<jUipment ftunished under this Agreement. Any damage or loss to such containers and equipment, other than normal wear and tear, will bC charged to Customer at full replacement value.
6. Indemnification (a) Stericycle shall indemnify and hold Customer harmless from any liabilities arising from the gross negligence or willful misconduct ofStericycle in the performance of its
.obligations under this Agreement Customer shall indemnify and hold harmless Stericycle from any liabilities arising from the gross negligence or willful misconduct of Customer, whicb shall include,
'but not be limited to, failure to properly store, package, label. or segregate Biomedical Waste and any liabilities relating to Non-Conforming Waste, whether or not collected, transported or treated by
St.ericyclc. Each party agrees to pay the re""onaole attorneys' fees and costs incurred by the other in bringing a successful indemnification claim under this Paragraph. Customer agrees to pay
-St.ericyele's reasonable attorney's fees incurred for any successful defense by Stericycle of a suit for indemnification brought against Stericycle by Customer. (b) Stericycle will indemnify and hold
4uum1css any Customer who subscribes to a Preferred Program from any fine or portion thereof resulting from an OSHA citation explicitly describing a blood-borne pathogen or medical waste
'management practice specifically addressed by the Preferred Program training and mai.erials. Provided, however, that Stcricycle's obligation to indemnify Customer under this sub-Paragraph (b) is
cantingent upon (I) Customer having followed or following each recommendation and instruction included in the Preferred Program (whether expressed verbally by employees or agents of Stericycle
or as set forth in any written or electronic materials) and (2) Customer notifying Stericycle as soon as possible after it leams that it will be the subjcct of an OSHA inspection. and shall allow
employees or agents ofStericycle to attend the inspection and to defend the Customer's blood-borne pathogen and medical waste management practices during the inspection. Customer's failure to
perform any of its obligations under this sub-Paragraph (b) to Stericycle's satisfaction shall absolve Stericycle of its indemnification responsibilities Wlder this sub-Paragraph (b). This sub-Paragraph
(b) applies only to the Preferred Level Program.
7. Compliance Materials To the extent that Stericycle pfO'tides Customer with any electronic or printed materials (the -Compliance Materials") it provides these materials subject to a limited license
to Customer to use the Compliance Materials for Customer's own, non-commercial use. Stericycle may revoke this license at its discretion at any lime. Customer may not copy or distribute the
Compliance Materials in any manner. Customer agrees to ",turn all Compliance Materials to Stericycle at Customer's expense at the expiration or termination of this Agreement. Stericycle may charge
Customer a fee for failure to return Compliance Materials at the expiration of the Term or a restocking fee for retum of materials prior to the expiration of the TenD.
e. Compliance with Laws Stericycle hereby agrees to carry General Liability, Automobile Liability, and Workmco's Compensation Insurance as required by applicable state law, and to otherwise
comply with all federal and state laws, rules and regulatioru. applicable to its performance hereunder. As of the date of this Agreement. Stericycle has all necessat)' pennits, licenses, zoning and other
.tedcral, state or local authorizations required to perform the services under this Agreement and will furnish copies of these to Customer upon request. Customer hereby agrees to comply with all federal
and state Jaws, rules and regulations applicable to its handligg of Biomedical Waste and its perform8nce Wider this Agreement, including, without limitation, all applicable record keeping.
documentation and manifesting requirements. Stericycle and Customer shall keep and retain adequate books and records and other documentation including personnel records, correspondence,
instructions, plans, receipts, vouchers, copies of manifests and tracking records consistent with and for the periods required by applicable regu1ations and guidelines pertaining to storage or handling of
Biomedical Waste and the services to be performed under tillS Agreement
9. Exclusivity Customer agrees to use no other Biomedical Waste disposal service or method during the Tenn of this Agreement and any Extension Terms.
to. Excuse of Performance Stericycle shall not be responsible if its performance of this Agreement is interrupted or delayed by contingencies beyond its control, including, without limitation, acts of
Ood, war, blockades, riots, explosion. strikes, lockouts or olher labor or industrial disturbances, fires, accidents to equipment, injunctions or compliance with laws, regulations, guidelines or orders of
my governmental body or instrumentality thereof (whether now existing or hereafter created).
ll. Independent.Contractor Stericycle's relationship with Customcr pursuant hereto is that of an indePendent contractor, and nothing in this Agreement shall be construed to designate Stericycle as
an employee, agent or partner of or a joint venture with Customer. .
J:z.Amendment and Waiver Changes in the types, size and amount of equipment or the frequency of service may be mutually agreed to orally or in writing by the parties, without affecting the
validity of this Agreement Consent to oral changes shall be evidenced by the practices and actions of the panics. All other amendments to this Agreement (other than as provided in 2(b)) shall be
dfected only by a written instrument executed by the partiC.1. No waiver shall be effective unless submitted in writing by the party granting such waiver. No waiver of any provision of this Agreement'
sbaII be deemed a waiver of any other provision of this Agn:ement and no waiver of any breach or duty under this Agreement shall be deemed a waiver of any other breach or later instances, of the
same duty.
13,Savings Clause In case anyone or more oftbe provisions contained in this Agreement shall, for any re""on, be held to be invalid, illegal or Wlenforceable in any respect, such invalidity, illegality
... unenforceability shall not effect any other provisions of this Agreement; this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein,
unless such finding shall impair the rights or increase the obligations of Stericycle hereunder, in which event, at Stericycle's option. this Agreement may be terminated.
14, Entire Agreement TIlls Agreement (including any attachments, exhibits and amendments made in accordance with Paragraph 12) consti!Utes the entire understanding and agreement of the parties
md cancels and supercedcs all prior negotiations, represenultions, understandings or agreements, whether written or oral, with respect to the subject matter of this Agreement. TIlls Agreement shall be
'binding upon and shall inure to the benefit of the successors, assigns legal representatives and hei15 of the parties hereto provided, however, that Customer may not assign its rights or delegate its
obligations under this Agreement without the prior written consent of Stericycle, which consent of Stericycle may not unreasonably withhold.
IS_G<lwmlng Law This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the conflicts of laws or roles of any jurisdiction.
t6. Notices All required notices, or those which the parties may desire to give under this Agreement shall be in writing and sent to the parties' addresses set forth above.
17.0riginals A copy or facsimile of this Agreement shall be as effective as an original.
. .
'ee
* e... Stericycle41
e.e . Waste Acceptance Policy (Appendix A)
Managing Medical Waste. .
.. '"
INTRODUCTION
Stericycle policy requires compliance with all applicable regulations regarding the collection,
transportation and treatment of regulated medical waste. Federal Department of Transportation (DOT) Regulations
require the generator of regulated medical waste to certify that the packaging and
documentation of transported regulated medical waste complies with DOT regulations regarding waste
classification, packaging, labeling and shipping documentation. To ensure that neither Stericyc!e nor the
generator of regulated medical waste violates applicable regulations, it is imperative that all parties
understand the rules regarding proper identification, classification, segregation and packaging of
regulated medical waste. The purpose. of this policy is to summarize the minimum requirements for
preparing your medical waste for collection, transportation and treatment. Additional facility or state-
specific waste acceptance policies may apply based on permit specifications. Please contact your local
representative for further information.
REGULATED MEDICAL WASTE.
Sterjcycle accepts medical waste !ienerated in a broad range of medical diagnostic, therapeutic and research
activities. The term "medical waste" includes biohazardous, biomedical, infectious or regulated medical waste as
defined under federal, state or local laws, rules, regulations and guidelines. Except as defined by specific state
regulations, this' excludes pharmaceuticals, waste containing mercury or other heavy metals, chemicals such as
solvents, reagents, corrosives or ignitable materials classified as hazardous waste under Federal EP A Regulations.
Stericycle cannot accept these excluded materials. In addition, Stericycle cannot accept bulk liquids or
chemotherapy waste, radioactive materials, fetal remains, or human torsos. Separate protocol and packaging
requirements apply for the disposal of non-hazardo.us pharmaceuticals. Please contact your local representative for
details and packaging specifications.
WASTE SEGREGATION AND PACKAGING
The generator is solely responsible for properly segregating, packaging and labeling of regulated medical waste.
Proper segregation and packaging reduces the potential for accidental release of the contents and exposure to
employees and the general public. All Stericycle customers are 'provided with packaging instructions which describe
the packaging, maximum weights,..proper sealing/closure of inner bags and outer containers and proper packaging of
sharps. These instructions are designed to comply with the packaging requirements of 49 CFR 173.197, which
require that waste be packaged in a container that is 1) rigid; 2) leak resistant; 3) impervious to moisture; 4) of
. .
sufficient strength to prevent tearing or bursting under normal conditions of use and handling; 5) sealed to prevent
leakage during transport; 6) puncture resistant for sharps and sharps with residual fluids; and 7) break-resistant and
tightly lidded or stoppered for fluids in quantities greater than 20 cubic centimeters. Waste identified as cultures and
stocks must conform to appropriate DOT PG II packaging requirements.
MANAGEMENT OF NON-CO.rWORMING WASTE
As required by regulations, and company policy Stericycle employees may refuse ~ontainers that are: non-
conforming as to their contents, unacceptably or improperly packaged, leaking, damaged or likely to create risk of
exposure to employees and the general public. Proper segregation and packaging is essential to compliant arid safe
handling and transportation of regulated medical waste.
STERICYCLE WASTE ACCEPTANCE POLICY CHECKLIST
Accepted Waste:.
./Sharps
(Needles and syringes, scalpel bla4es, glass pipettes, slides, etc.)
./Laboratory Wastes . .
(Cultures and stocks of Biohazard Level 1, 2, and 3 infectious agents, test tubes)
.I Contaminated Disposal Material~ EqUipment, and Instruments
(Includes but is not limited to: blood administration sets,. drainage collection devices, disposal gloves and
gowns, dressings) . .
.tDialysis Tubing and filters
(Dialyders)
.tBlood, Blood Products, Body Fluids
--.
Accepted Waste Which Must Be Identified And Se2regated For Incineration
J"Trace-contaminated Chemotherapy Waste _ .
Empty drug vials, syringes aJJ.d needles, spill kits, IV tubing and bags contaminated gloves and gowns,
and related materials as defined in Federal and state standards
Consult Stericycle Repre'sentative for specific exceptions
J"Pathological Waste .
.: Human or animal body parts, organs, tissues and surgical specimen (exclusive of
. formaldehyde or other preservative)
Waste NOT Accepted Bv Stericvcle
.tPharmaceutica) Waste
Must be characterized and ce:rtified as non-RCRA hazardous material by generator.
Additional packaging and protocols apply. See Stericycle Representative for details.
.I Chemicals
Formaldehyde, acids, alcohol, waste oil, solvents, reagents, fixer developer, etc.
,{Hazardous Waste
Drums or other containers with a hazard warning symbol, batteries, heavy metals, etc.
,{Radioactive Waste
Any container with a radioactivity level that exceeds regulatory or permitted linrit; lead-
containing materials
..1 Complete Human Remains
(Cadavers, complete torso, etc.)
,(Bulk Chemotherapy Waste
.I Compressed Gas Cylinders, Canisters, Inhalers and Aerosol Cans
,( Glass Thermometers, Sphygmomanometers, and Other Medical Devices or Solutions Containing
Mercury
Additional waste acceptance policies may apply based on state or permit specific requirements.
Please refer to your local Sterkycle Representative for additional information. For additional
information on container and labeling requirements contact our StericycleCustomer Service
location..
Sent By: THE HEALTHPLACEj
813.925.1932;
. Jan-14.03 9:42AM;
Page 1/2
THE HEALTHPLACE
1 I, i to}
f~
f(~ . (' ,) 6'11-
q.o1,t&
. A Private Medical Practice of David P. Kalin, M.D., M.P.H.
P.O. BOX 6009
Palm Harbor, FL 34684
Tel 813. 966.1431
Fax 813.925.1932
drkalin@drkalin.com
1/13/2003
Vincent Burkhart
Primal Urge Tattoo & Body Piercing
883 Highway 17-92
Longwood F:L 32750
407.695.8287407.635.7348
i
i
j
306 Turnstone Way
Orlando FL 32828.
407.306.0440407.695.8287
~Request for supervision for tattooIng practice in the State of Florida,. Department of 'Professional
Regulation, 61 F6-29.002, tattooing: General supervision.
Dear Vincent Burkhart,
Pursuant to your request for "general supervision" as applied to tattooing, under provisions of 61 F6-29-002 of the
Department of ProfessionalRegulations and Florida statutes, David P. Kalin, M.D., MPH, agrees to be a supervising
physician with the understanding his physical presence when procedures are perfonned shall not be required.
Dr. Kalin has reviewed and inspected the techniques, proce.dures and equipment utilized in the performance of
applying tattooing.
On a semiannual basis, in order to continue the supervising physician relationship, review and inspection of the
teclmiques, equipment and procedures will need to be perfonned. This letter shall, therefore, expire on 7/13/2003
12:00:00 AM, six months from the above date.
Dr. Kalin has reviewed areas of infection control, sterilization and emergency procedures. These shall be reviewed
on a semiannual basis and will require a letter stating infection control, sterilization and emergency procedures have
been reviewed prior to the continuation of supervising physician status.
Dr. Kalin has reviewed jointly written procedures regarding the medical condition for individuals to receive a tattoo,
treatment of routine medical problems resulting during or from tatlooing and detailed procedures to be followed in
the event of an emergency situation developing during the procedure or as a result of applying the tattoo.
Sent By: THE HEALTHPLACEj
813.925.1932; .
Jan-14-03 9:42AM;
t'age ""f t!
Page 2
Vincent Burkhart
The written p~ocedures will be maintained in a readily available locatlon on the premisos of:
Primal Urge Tath,lo & BOdy Plel'cing
883lflghway 17~92
Longwood FL 32750
407.695.8287
and 8 copy shall be mllint~ined by the supervising physician. Such written procedures will be readily available for
inspection and review by agents of all of the following:
The Department of ProfC'.$slonal RegulatIon
The Board of Medicine
'..
Note of Clarlftcation and Restriction:
This letter is in no way to be construed as indemnification for the clients of Vinoent Bur.khartor as a guarantee
against the failure of each and every procedure perfonned by the tattoo artist. TIlcSe clients must have recourse to
Vincent Burkhali alone. The understanding is that David r. Kalin, M.D.. M.P.H., accepts no legalliabllity by thiS
endorsement
Sincerely,
{. I
...~~<tj1~/~ f\^~ NI/4
David P. Kalin. M.D., M.P.H.
Mastel'll il1lhe Science of Public Health
Fellow American Academy of Family Physicians
Certified in Family Practice, B.C.F.P.
FQllow American Academy ofDlsabi1ily Evaluating Physicians
Certified Independent Medical Examiner
ME. 00 )b'L4 L (~L")
.DPK$1I1312003
NOTE: The date of this letter is 1/1312003, and the expiration date of this letter is six months from the date ofthis
letter. which will be 7/1312003 12:00:00 AM. .
March 10, 2003
Regular Item C
Tattooine::
David P. Kalin, M.D., M. P. H.
P.O. Box 6009
Palm Harbor, Florida 34684
(813) 966-1431
FAX (813) 925-i932
Bodv Piercine::
State of Florida Biomedical Waste / Body Piercing Coordinators
Edith Coulter or Ed Golding
Bureau of Facility Programs, HSEF,
4052 Bald Cypress 'Nay, BIN A08, Tallahassee, Florida, 32399-1710.
(850) 245-4277 or
(850) 245-4444 ext 2:335 or ext 2336
FAX (850) 487-0864
Seminole County Department of Health, Environmental Health
John Cochrane, Director of Environmental Health
400 W. Airport Blvd., Sanford, FL 32773
(407) 665-3604
FAX (407) 665-3622
March 10, 2003
Regular Item C
. .~'frACHME~T.'G' (JVew)
Forms Distributed to Clientele of 'Primal Ure:e Tattoo and Body Piercine:' '(New) .
CONSENT TO APPLICATION OF TAn~O AND RELEASE AND WA.lVER OF ALL CLAIMS
I acknowledge by signing this agreement that I have been gtven the full opportunity to ask any and
all questions which I nllght have about the obtaining a tattoo from Primal urge and that all my
questions have been answered to my full and total satisfaction. I specifically acknowledge that I
have been adYlHCI of ithe facta matter set forth below and I agree as followa:
* I do not have dlabetns, epilepsy, hepatitis, hemophilia, HIV. aids, or any other Communicable
disease, a heart co.ndlUon or take. medicine whloh thins the blood. I am not pregnant or nursing. I am
not under the Influence of alcohol or drugs.
*1 do not have medical! or skin conditions such as but not limited to: acne, scarring (kelold)y eczema,
psoriasis, freckles, mCitl8&, or sunbum In the area to be tattooed that may Interfere with salel tattoo.
*1 acknowledge that Iti not reasonably possible for the representatives and employees of Primal
Urge Tattoo studio to detennlne whether I might have an allergic reaction to the pigments or
proce8S88 usec;l Un my 1tattoo, and I agree to ac~pt the risk that such a reaction Is possible.
..
*I acknowledge that 11lIfectlon Is always possible as a result of the obtaining of a tattoo, parltcularl)'
In the event that I do liot take proper care of my tattoo, and I agree to follow all Instructions
concemlng the care of' my own tattoo while It Is healing. 1 agree that any touch -up work needed, due
to my own negl~ence, will be done at my own expense.
*1 realize that varlatlolils of color and design may exist between any tattoo a8 selected by ine and as
ultimately app,led to nlY body. I understand If my skin Is dark, the colon will not appear as bright as
they do on light skin. .
*1 acknowledge 1lhat a tattoo Is PERMANENT change to my appearance and that no representations
have been made to me, as to the ability to later change or remoye my tattoo. To my knowledge, I do
not haye any physical, mental, or medlcallmpalnnent or disability which might affect my well-beIng
as a direct or Indirect 1'GSII1t of my decision to have any tattoo related work done at this tlm..
*I acknowledge 1tfIat flilaye truthfully represented to the employees and representatlyes of Primal
Urge tattoo studUo tha1t I am 18 or oyer the age of.18 years old, or 17 yean old with a trUthfully
notatfzecl consent statement from my parent(s) or legal guardian, and that the following Information
Is true and correct. .
*I acknowledge that title obtaining of my tattoo Is by my choice alone and I consent to the
application of the tattxH>> and to any actions or conduct of the employees or representatives of
PrImal. Urge tattoo studio reasonably necesSary to perfonn the tattoo procedure.
*1 agree to release anel foreyer discharge and hold hannlGas Primal Urge tattoo studio
and Its employees and representatlyeg from any and all claims, damages, or legal actions arising
from or connected In anyway with my tattoo or the procedures and conduct us to apply my tattoo
Please PrlnUn
Name Telephone
Address
~~ State ziP.
I hawe read these rules and agree to the abowe. I am 18 years or older With I.D., or I
am 17 years with ai notarized consent from my parent(s) or legal guardian:
Signature
Date
CONSENT TO PIERCE' AND RELEASE AND WAIVER OF ALL CLAIMS
I acknowledge by .~gnlng this release that I have been glyen the full opportunity to ask
any and all
questions which I might have about obtaining a piercing
from
hereafter called ("pf,ercer") and that all my questions have been answered to my full and
total satisfaction
I speclflcally ackno,v1edge I have been adylsed of the matters 68t forth below and agree
as follows:
1.) I am not preglumt or nursing. I do not have epilepsy or hemophilia. I do not suffer
from any heart condlltlons or take medication which thins the blood. I have Informed my
plercer of any condtUon such as diabetes that might hamper of the healing of the
piercing.
2.) If I suffer from hepatitis, or other communicable disease, I have Informed my plercer
of this fact and been adylsed of any medications and procedures necessary to promote
the satisfactory healing of my piercing.
3.) I do not suffer "rom medical or skin conditions such as, but not limited to: keloid or
hypertrophic scarrln,g, psoriasis at the site of the piercing or any open wounds or lesions
at the site of the ple,rclng.
4.) I have advised the plercer of any allergies to metals, latex gloyes, soaps and
medications. I acknc)wledge It Is not reasonably possible for the plercer to determine
whether I might have and allergic reaction to the piercing processes Inyolyed In the
piercing and further acknowledge that such a reaction Is possible.
5.) I have trustfully represented to the plercer I an oyer the age of 18 years. I am not
under the Influence of drugs or alcohol. To my knowledge, I do not have any physical,
mental or medlcallnltpalrment or disability which might affect my well-being as a direct or
Indirect result of my decision to have a piercing done at this time.
6.) I acknowledge that obtaining this piercing Is my choice alone and will result In a
permanent change to my appearance, and that no representation has been made to me
as the ability to later restore the skin InyolYed In this piercing to Is pre-piercing condition.
7.) I acknowledge Infection Is alway. possible a. a result of obtaining a piercing, and I,
agree to follow all Instruction. concerning the care of my piercing while It Is healing.
8.) I understand I will be pierced u.lng appropriate Instrument. and sterilizations
technique..
Therefore I reqlllest t:he plecer to pierce my I understand
this type of piercing u.ually take. or longer to heal. I
agree to release ancll foreyer discharge and hold harmless the plercer and all employees
from any and all claims, damages or legal actions arising from or connected In any way
with my piercing, or 1the procedure and conduct used In my piercing.
Date Sex, " or F
lIanae 'l'eleplloae
Addll'e55
Age IDr~Yers Ucease #
PII)'s.c~aa I.anae and plloae #
Enaer&leac)' coatact
S.saature
TJ~TTOO AND PIERCING CHECKLIST
To ensure the best quaUty tattoo or piercing, please answer
the following questions.
Check the COtTeet answer to each question.
1) Do you use steroids? Yes_ No_
2) Are you pregnant? Yes_ No_
3) Are you diubetic? Yes_ No_
4) Have you had any alcohoUc beverages today? Yes_ No_
S) Do you have hepatitis? Yes_ No_
6) Are you under the influence of any drug? Yes_ No_
7) Are you taJung any prescription medication? Yes_ No_
8) Are you taking any non-prescription medication? Yes_
No_
9) Are you.swllburned where the tattoo is going to be put?
Yes_ No_
10) Are you HIV positive? Yes_ No_
11) Do you ha've any history of keloids or skin infection?
Yes_ No_
12) Do you have any other. medical condition we should
know about? 'Yes_ No_If yes please
explain
If you answered yes to any questions we recommend an
approval by your Doctor
We reserve thc~ right to refuse any tattoo or body piercing in
question
Signature_
Date
How did you hear about us?
PRIMAl URel
99! N. IIWY. 17 -~2
IGNCWGGD, rl
407 -6~5-('A'!)
9297
'A'~IOO AFIERCARE IIISIRUCIIOIIS
Fjrsi oH lei us 1thank you 'or choosjnl Prjmal Urle 'or your iauoo. We
sirjye io brjnl1rou ihe besi seryjce and qualiq.
Please .remoye Jour bandale one hour aHer iauoo has been appUed.
AHer remOyjnl your bandale was iaUoo senily wHh anii-baderial
soap and nrmwaier. AHer ihe wash please lenily pM dry (noi rub).
You musi allow the iauoo io air dry 'or a 'ew mjnuies. AHer ii is
completely dry :apply a thjn layer 0' AlD ojnimeni. Apply this three
tjmes a day uni,1I compleiely healed. Some scabbjnl may occur durjnl
the heaUnl proc:ess this is normal.
Do lot:
Expose to the sun
ShaYe
Pdck or scratch
Go h11 a pool for two weeks
I' you follow ihese insirucijons you should haye Ireat results.
Always remember the hishest SPF sunscreen to pro Ions ihe beauty 0'
your iaUoo. Plealse 'eel 'ree to call i' you haye any questions
Thanks, Primal Urle
Your piercing was performed professionally and appropriately. Follow these simple sugges:
tions, and your healing period should go smoothly. Although not physicians, Gauntlet's
piercers are available whenever you have questions about aftercare. Please call us any time!
A Normal Piercing.,>:,
· May be tender, swollen, itchy, and/or slightly red for a few wee~~i>""""".
. May bleed a little for the first few days. _ ~ ,:"",:':;:~;r~::::A::~:~'J':::~~_:::::::::~:.;.>:.:,.:.';.. '::".
· May secrete a whitish-yellow fluid which crusts on the. j~~I.ry:Frl1iii.~r~t/P4~;(.
. May tighten around the jewelry as it heals, making,~utri6gsp./D~hat:diffi~'W\Hhen dry.
:', 't.:,.: ::J:: \:~:~..:;-::::::::::::::{:f~:' ": '. ;,.;.,.:{~. :.:>"
..::::::;::>":.;."
.................-..
....:.:...;~.;.;.;.:.~~;.;.:.:.:....
~~~tpi~~~~S ~a~~f~u~~~at vii:l:iPil},:"g((~~6~0 Tg;iR::j~~lijl~~~~~G.~f~'f9.r~}~ multivi-
tamins>: and a Zinc supplement (wdW~!i:60 mg, ~~r:120 iTig;Jqr.'aop'fiftwo wee~) speed
healing and regener'ation of tissue.:?\ p<!l'{""/,,:. "'", ??:
. Hot soaks and compresses, with t~~oPV4:rlal additi9H'of I/'.J~p sea salt per;$p of
dean wate:r..'<ire ~tro~gly sug~ested for car,tH~ge an~ ()Jl,ier pier$!rgs. To soak. inve@:ia cup of
water over the pierCIng. forming a vacuum:'ol:,$oak loawell-d~iied bathtub. Make':'a com-
press with paper towels to insure c1eanliness:\'(8Y,S~h'do t'1i,~i6nce or twice daily, fi?:t about
10- 15 minutes.'>""'. ,,;;u u....:
When Can I Remove or Change th~.q~W~'lfti?\,;:n:;;:.:;:)?;~.,;
Your piercing will n()t be completely healed for severatyears:'f;ven aft~r the pi~h:ing nas
~j=::'~~~~~~~~~~~ ~~:~:~~I~~r7~gS~h:~~~:f ~~~@~j~1;i6'~;'U'~J~iiy.:.~bgm:62':1'9'.lonths.
Be ~ure t~ always wear app.ropriate jewelry .in your pi~J~ings. e"::~r when WIly healegUewelry
designed Just for earlobes IS never appropnate. and ~ri damag~your piEiffing. ;\
. If you must remove the jewelry temporarily, call YOl!(piercer,g[ use an)Qsertion #iper lubri-
cated with a little antibiotic ointment to insert a pi~e of unc<:!l.gred: mO~Qfilament:nylon.
Weed-eater or fishing line work well. 160 Ib test is .~K.fuivalent19.' 14~12g~yge:Thi~)yill retain
the piercing until you can reinsert the jewelry.:::":::::::::}('t:"'::"'.':;i;:::;::::::;,':;:'{'}'?;:;();;::::'::::':':'{:':"":'/\),.,:,
· It's no problem to permanently remove the jeYf~lrY.ui~.~~stUcases,onjy~~':;:;~i{i'~d~h~ation
will remain. We encourage you to call your pier~~r. S/hewill be happy to assist you. !)
;... . ~ ' ..
Do I Have an Infection? . . .. ...uuU ........, u.,. ",.,,". .,.,"..,. ..,.'.'",.... u ... u.'U. u u
Infections are caused by contact with bacteria, fungi, or other living pathogens. Piercing
infections can usually be traced to one of the following activities:
· Touching the piercing with unwashed hands, or letting someone else touch the piercing
· Oral contact with the piercing, including your own saliva
. Allowing body fluids to contact the piercing (your urine is sterile to your own body)
. Contact with hair, cosmetics, oils, infrequently washed clothing or bedding or other agents
. Going into a pool, hot tub, lake, ocean, or other body of water (your own clean bathtub is
How Can. I Tell if I Have an Infection? . .
While these symptoms may also indicate other problems, look fbr the following indications of
infection:' . . . '. .
· Rednes~. and swelling '.' .
· A .sensation of heat at the piercing site..... .
· Pain, especially throbbing'or spreading pain
· Unusual. discharge. It may be yellowish, greenish. or grayish
I Think I Have an Infection. What 5houltfllOo?
· While it's never inappropriate to see your piercing-fri~ii~iY:physii:ian, a call to your piercer
~ay save you a trip. If possible, visit your piercer an~tsbow;m&/her the piercing. Also tell
him/her about any circumstances which may have:!ci1 t~ ~rinfecti9.r@:;
· Please don't remove the jewelry! This may aggrava~ th~;Rf9pleffi~y:~losing off the
drainage for the matter. : m:.. A/ib:d::'..,.,..;:; .
· The effectiveness of an oral antibiotic depends o.l)~~i~:ctiQg;j:J)~.;Hghi one for the.job. This
s~ould only be do~e by a physician! If you have u~9,:an'oyetiJI)~::~o!l~ter topical antibiotic
ointment before without adverse effects. it may be.:~pPropgat~:to US~j sparingly. for no more
~han 3-5 days. Many ~eople are very sensitive to an\ibiotic:S,particula'r1y neomycin; Bacitracin
IS the least problematic ointment. ..,....",. ,.
Common Problems You Can Avoid ,>.....'>':('
. . Overclean.in/?, vigorou~ c1ea~ing, or usi~g a cleanser th~f is .~60 #ro& can produce symp-
toms very slmlla~ to an mfectlon. The skIn may be very t#nd~f an~ appear shiny. and there
may be a clear discharge., :.:..:.. ..... . ". .
· Friction caused by tight .?r heavy clothing. rough seJC:4a.1.'~.giy.fty,qE~essive movement of
the area can cause dar~,r~i:I.ntSs. keloids. discharge. and rejection/migration.
· Stres~, poor diet~gf!!IQ~~t~p cause lon&er healing times, or migration of the piercing
.. ReactIons to th$'m~!?!r1J~g~I,r;! Gauntlet Jewelry are extremely rare. Often, a cleanser reac-
tion or ot~er Pr9!?'t:m:i}::mis1f\~en for a metal allergy. The area may feel hot and sore, liJ<e a
low-~rade In~s,$ti<?n?;gm,!re body may attempt to pull away from the metal, resulting in a large,
~~~~~~~i;;~~' th~:'~~imed j~~~fY'!TIay not be appropriate. This mayor may not 'be du~ to .
C1rcumsla~Be~~h~!e5s~ved:~ft~t;the piercing. .If the jewelry is too thin or too heary. too
large o~tog smal!:[g;g~~T.ete~::wXnBt the appropriate style ( a barbell instead of a ring. for
exampl~). y()umaY'.~p~lJ~nc;~r.~al!~g problems. Contact your piercerif you suspect that you
may ne~~jffere.~f~I.lffii;:;i.:;::'i.;'i,i
EstirDat~d"iQ~~~J.:m~tib~b Times .
Everyphe h~<:llsaf<:l/(nffgf;;;nffat~. These are the average times for which you should clean
y~~r piers~n~Jwi~~:dailx:~nd treat:r: like new, healing tissue. Remember that even after the
inItial healing penbd, xpur piercin~will still need one full year or longer to completely heal
(toughen up)b~lWax~;lreat the piery:ing with care and gentleness. ..
: ~:~I~~~ti~!;:.r~~1~rl1?~'~:6~t6.~~~&~ar i .
.[:)... D....O' iY=:';~:(;:{ 1.\.. LL.I/
{ ).LJ ''-..!:/t:::.~-, .:;;:;: , i?~'=J:: IY~
March 10, 2003
Regular Item C
ATTACHMENT 'H' .(New)
IoiDrv Report (as posted at theestablishoieot)
" Return to:
HEALTW
County Heallh Department
Body Piercing Salon Injury Report
PUfsuantlo.Chap'lef GilE.19, Floridn Adminislrative Code (F.A.C.), and sccllon 301.0075, Florida Statutes, all
Inreclions, complic:alion or diseases res'ulting from the body piercing procedure which become known to the'
operator shall be reported to the Depnrtment or Health by the operator wllhln 72 hours or the operator becoming
OWDrc or the coodllion. Incidents are to be recorded on thIs rorm nnd a copy forwarded to the departmenl. A copy
must olso be provided \0 tho complaInant: ..
Name'of Salon
. License Number
County
Street,Address of Salon
Date and Time of Injury
Mailing Addresso~. $alon
L1cern;ee .
Salon Telephone N~mber
Complainant:
Mailing Address or Complainant:
Telephonc
Street
Clly
Statc
Zip Codc
Name or Pcrson(s) Involved In
Incident:
Oe;crlpllon of Injury:
Name of Person C()mpleling Report (print or type)
Tille
Slgnaturo or Person Completing Report
Date
DH 4122,10/99
Pnoo 1 or 1
March 10, 2003
Regular Item C
ATTACHMENT 'I' (New)
10 Frequently asked Questions About'Body Piercinl! in Florida (New)
A: Yes, in 1999 the legislature p~lssed a law to
regulate body piercing salons. nle intent of the law
is to. reduce the chance of getting an infection or a
disease from a body piercing.
2) Q: Are body piercing salons
required to have a license?
A: Yes, a license must be
obtained annually from a county
health department. The current
licenSe must be displayed in a
public area of the salon. Ear
piercing establishments that use
a mechanized, pre-sterilized
piercing gun to pierce only the
lobe or outer rim of the ear are
not required to be licensed.
Using any other system or .
piercing any other part of the
ear requires a license.
3) Q: Are body piercing salons
inspected?
A: Yes, inspection teams
from a county health depart-
ment inspeCt salons at least
once a year. Inspection teams
are made up of an environ-
mental specialist and a nurse.
rized consent required, but the minor also must be
accompanie~ by a parent or legal guardian.
7) Q: Must a piercer give me any information before I
get pierced? .
A: Yes, verbal and written educational information
approved by a county health department must be
provided to a customer before a piercing procedure
begins. Upon request, a customer must be given a
copy of a statement signed by both the customer
and the piercer that says that the educational infor-
mation was received and
discussed.
4) Q: What kind of training is required for body piercers?
A: Before being allowed to pierce, body ph~rcers
must be trained in safety, sanitation, sterilization,
and methods for preventing the spread of infectious
diseases. After that, refresher training in one of
these areas is required every year.
5) Q: Must a new needle be used on every customer?
A: Yes, only single-use, sterilized needles can be
'used. Also, all instruments and jewelry used must be
sterile. Piercers must wear dispos;able, sterile med-
ical gloves when performing a piEircing.
6) Q: Can minors be pierced?
A: A minor under. the age of 18 may not be pierced
without the written notarized consent of the minor's
parent or legal guardian. If a miinor under the age
of 16 is to be pierced, not only is the written nota-
8) Q: Can I smoke, eat, or
drink in a body piercing
area?
A: No, these actions
are prohibited in
areas where body
piercing procedures
are performed, except
for first aid purposes.
Also, body piercing
cannot be done in a
bar or an establish-
ment that serves food.
9) Q: Can I get pierced
at the fair or at bike
week?
A: Only if the business
i$ licel1$ed a$ a " tem-
porary establishment."
This type of license can
last only up to 14 days
and the business must
meet all the require-
ments of a permanent
salon.
10) Q: How can I file a
complaint against a
body piercing salon?
A: Complaints can be
made to the county
health department.
The salon must post in
public view the pro-
cedure for filing a
complaint,
Questions or Convnents, Contact: The Florida Department of Health
Division 01 EnvIronmental Health, Bureau 01 Facility Programs(HSEF)
4052 Bald CypnlS$ Way, Bin AOe, Tallahassee"f1orlda 32399-1710
Telephone: 850.245.4217
March 10, 2003
Regular Item C
ATTACHMENT 'J' (New)
Florida Statutes and Administrative Code Related to
thE~ Re2ulation or" Tattoo and Bodv Piercin2 Salons
FLORIDA STATUTE 381.0075, REGULATION OF BODY PIERCING SALONS-
(1) LEGISLATIVE INTENT.--It is the intent of the Legislature to protect the health, safety, and welfare of the
public from the spread of infectious diseases from practices that prick, pierce, or scaT the skin and therefore, to
that end, to regulate body-piercing salons. .
(2) DEFINITIONS.-As used in this section:
(a) "Body piercing" means for commercial purposes the act of penetrating the skin to make, generally permanent
in nature, a hole, mark, or scar. "Body piercing" does not include the use of a mechanized, presterilized ear-
piercing system that penetrates the outer perimeter or lobe of the ear or both.
(b) "Body-piercing salon" means a plac~ where body piercing occurs.
(c) "Department" means the Department of Health.
(d) "Establishment" means a body-piercing salon as defmed in this section.
(e) "lewelry"'means any personal ornament inserted into a pierced area other than the outer perimeter or lobe of
the ear.
(f) "Licensee" means any person licensed under this section who is responSible for compliance With this section
and the rules adopted under this section. .
(g) "Operator" means an individual designated by a licensee to control the operation of an establishment.
(h) "Person" means any individual, partnership, corporation, or association.
. .
(i) "Safe level" means not more than 50 colonies ofmicrobrganisms per 4 square inches of equipment or device
surface.
(j) "Sanitization" means lhe effective bactericidal treatment .of surfaces of equipment and devices by a product
.. registered by the United States Environmental Protection Agency which provides a sufficient concentration of
chemicals and enough time to reduce the bacterial count, including pathogens, to a safe level:
(k) "Sterilization" means the use of procedures that destroy all microbial life, including viruses, on the equipment
m&~ . .
(1) "Stop-use order" means a written notice from the dep.artment to a licensee requiring the licensee to remove a.
. piece of equipment or cease conducting a particular procedUre because the equipment is not being operated or the
procedure cond~cted in ac:cordance with the requirements of this section or any rule adopted pursuant thereto.
(m) "Temporary establishment" means a body-piercing establishment that operates at a fixed location for a period
of time of not more than 14 consecutive days in conjunction with a single event or celebration.
(3) EXEMPTIONS.- This section does not apply to the practice of any licensed health care professional under the
regulatory jurisdiction of the department as long as the person does not hold himself or herself out as a body-
piercing establishment.
(4) LICENSE REQUlRED.--.
:(a) A person may not operate an establishment unless it is licensed under this section.
(b) Any person operating an establishment must obtain a license from the department annually.
March 10, 2003
Regular Item C
(c) A license for an establishment is not transferable from one place or person to another.
(d) A license automatically expires on September 30 of each year unless renewed by the department upon the
request of the licensee.
(e) A current license must be displayed in a public area of the establishment.
(f) A person operating a temporary establishment must receive a temporary license from the department prior to
operation. The department must be contacted at least 7 days prior to commencement of operation of the
establishment and must conduct an inspection of the establishment to ensure compliance with licensing
requirements prior to issuing the temporary license.
(5) LICENSE APPLICATION.--
(a) A person must apply to the department for an establishment license prior to commencement of operation and
must apply for annual renewal of the license in order to continue operation.
(b) Application for an in:itiallicense or the renewal of a license must be on a form provided by the department and
must be accompanied by the annual or prorated fee required in this section.
(c) The licensee must report any change in the application information to the department before the change may
be put into operation.
(6) FEES.--
(a) Fees assessed under this section shall be reasonably calculated to cover the cost of regulation under this
section, may be used only to meet the costs of carrying out the requirements' of this section, and are
nonrefundable.
(b) A person applying for initial licensure or reactivation of an expired license at the beginning of the licensing
period or for renewal of a license shall pay the full fee. All other applicants, whether for initial licensure or
reactivation of an expired license, shall pay a prorated fee based on the number of quarters left until September 30.
(c) Fees must be received! by the department within 30 days after receipt of written notification from the
department that a fee is due. Failure to pay timely will result in the assessment of a late fee. Fees are payable to
the county health department in the county where the establishment is located.
(d) The fees assessed under this section are, unless prorated, as follows:
1. The annual license fee, or license renewal fee, for a body-piercing salon is $150.
2. Each late fee is $100.
3. The fee for a temporary establishment license is $75.
(7) MINORS.--A person may not perform body piercing on a minor without the written notarized consent of the
minor's parent or legal guardian, and an establishment may not perform body piercing on a minor under the age of
16 unless the minor is accompanied by a parent or legal guardian.
(8) PROHIBITED ACTS;, PENALTIES; INJUNCTION.--
(a) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084:
1. Owning, operating, or soliciting business as an establishment in this state without first procuring a license from
the department, unless spe,cifically exempted by this section.
2. Obtaining or attempting to obtain a license to operate an establishment by means of fraud, misrepresentation,
or concealment.
March 10, 2003
Regular Item C
(b) Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083:
1. Failing to maintain the records required by this section or knowingly making false entries in such records.
2. Failing to comply with the requirements regarding minors set forth in subsection (7).
(c) In addition to any other punishment provided for, the court may suspend or revoke the license of any licensee
under this section who has been found guilty of any violation of paragraph (a) or paragraph (b).
(d) If the department or any state attorney has probable cause to believe that an establishment or person has
violated any provision of paragraph (a), an action may be brought by the department or the state attorney to enjoin
such establishment or person from continuing such violation, or engaging therein or doing any acts in furtherance
thereof, and the court may provide any other relief it deems appropriate.
(9) ENFORCEMENT.--
(a) The department shall inspect or investigate an establishment as necessary, but at least annually, to ensure
compliance with this section. Department personnel may, at any reasonable time, enter any establishment licensed
under this section or any premises the department has reason to believe is being operated or maintained in
.violation of this section, Ito determine compliance with this section or any rule adopted under this section.
(b) The department may impose an administrative fine, not to exceed $1,000 per violation per day, for the
violation of any provision of this section, any rule adopted under this section, or any term or condition of any
license issued under this section by the department.
(c) In determining the amount of fine to be levied for a violation, as provided in paragraph (b), the following
factors shall be considered:
1. The severity of the violation and the extent to which the provisions of this section, the rules adopted under this
section, or any terms or conditions of any license issued under this section were violated.
2. Actions taken by the licensee to correct the violation.
3. Any previous violations by the licensee.
(d) The department may issue a stop-use order, or institute legal action for injunctive or other relief, to enforce
any provision of this section.
(e) The department may cancel, revoke, or suspend a license to operate an establishment if the licensee:
1. Fails to pay any fee required by this section;
2. Obtains or attempts to obtain a license under this section by fraud, misrepresentation, or concealment; or
3. Violates any provision. of this section or any rule adopted under this section.
(f)1. The department may issue a citation that contains an order of correction or an order to pay a fine, or both, for
any violation of this section or the rules adopted under this section, when the violation of the section or rule is
enforceable by an admini:.trative or civil remedy or when the violation of the section or rule is a misdemeanor of
the second degree. A citation constitutes a notice of proposed agency action.
2. A citation must be in writing and must describe the particular nature of the violation, including specific
reference to the provision of law or rule allegedly violated.
3. The fmes imposed by a citation may not exceed $1,000 for each violation. Each day the violation exists
constitutes a separate violation for which a citation may be issued.
4. The department shall inform the recipient ofa citation, by written notice pursuant to ss. 120.569 and 120.57, of
the right to an administrative hearing to contest the citation within 21 days after the date the citation is received.
March 10, 2003
Regular Item C
The citation must contain a conspicuous statement that if the recipient fails to pay any fine levied against the
recipient within the time allowed or fails to appear to contest the citation after having requested a hearing, the
recipient has waived the recipient's right to contest the citation and must pay the maximum fme.
5. The department may reduce or waive any fine imposed by a citation. In determining whether to reduce or
waive a fme, the department must consider the gravitY of the violation, the person's attempts at correcting the
violation, and the person's history of previous violations for which enforcement actions were taken under this
section.
6. Any person who willingly refuses to sign and accept a citation issued by the department commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
7. This paragraph provides an alternative means of enforcing this section, but does not prohibit the department
from enforcing this section or the rules adopted under this section by any other means. However, the department
may use only a single mc~thod of enforcement for each violation.
(g) The department shall deposit all fines it collects under this section in the County Health Department Trust
Fund for use in providing services specified in this section.
(10) RULES.--The department has authority to adopt rules to implement this section. Such rules may include
sanitation practices, sterilization requirements and procedures, patient record content requirements, persoIUlel
record retention requirements, patient notification requirements and procedures, physical plant requirements, light
requirements, and enforcement procedures.
(11) BODY.PIERCING SALONS; SPECIFIC REQUIREMENTS.--
(a) A body-piercing salon must:
1. Properly sterilize all instruments that pierce the skin, directly aid in piercing the skin, or may come in contact
with instruments that pierce the skin, through such means as storage in trays with other instruments or contact
with forceps, in accordance with the sterilization procedures in .this section.
2. Sanitize all equipment indirectly used in body piercing, including any beds, tables, headrests, armrests,
legrests, or handrails.
3. Use protective infection barriers such as gloves and masks when serving a customer. If the protective barriers
are contaminated, they must be properly disposed of immediately. Protective barriers may only be used once and
only for one customer.
4. To the degree possible, thoroughly cleanse the area to be pierced with an antiseptic solution before and after
the piercing.
5. Use only jewelry that is made of implant grade high-quality stainless steel, solid gold of at least 14K weight,
niobium, titanium, platinum, a dense, low-porosity plastic, or silver and that is free of nicks, scratches, or irregular
surfaces.
6. Provide each customer with written instructions on the proper care of the pierced area so as to prevent
infection.
7. Maintain a record of each customer's visit for a period of not less than 2 years, including, but not limited to, the
customer's name, date of visit, and area pierced and the name of the person performing the piercing.
8. Report any injury or any complaint of injury to the department on forms prescribed by the department and
provide a copy of the report to the complainant.
(b) Sterilization procedures must include the following:
I. Proper autoclaving must be done according to the autoclave manufacturer's instructions.
March 10, 2003
Regular Item C
2. There must be a sterilization indicator in each autoclaving to monitor the sterilization procedure. The indicator
must indicate exposure to steam and 250&; Fahrenheit.
3. Contaminated instruments must be sterilized in the following manner:
a. The contaminated inslruments must be thoroughly cleansed with an antiseptic solution, according to the
instructions for the antiseptic solution, and hot water.
b. The contaminated instruments and all other instruments, must be packaged properly and loaded correctly into
the autoclave.
c. The contaminated instruments must be sterilized by autoclave.
4. All sterilized instruments must be stored and handled in a manner that maintains sterility.
5. Autoclaves must be cleaned regularly and serviced at least once a year.
6. Each body-piercing salon utilizing autoclave sterilization techniques must post the sterilization procedures and
ensure that personnel responsible for performing the sterilization procedures are adequately trained.
7. All staff must be trained in proper infection-control procedures.
8. Presterilized, prewrapped, disposable instruments may be used, but must be used in accordance with the
manufacturer's instructions.
(c) The body-piercing salon must be in compliance with s. 381.0098.
History.--s. 1, ch. 99-176.
March 10, 2003
Regular Item C
FLORIDA STATUTE 381.0098, BIOMEDICAL WASTE-
(I) LEGISLATIVE INTENT.--It is the intent of the Legislature to protect the public health by establishing
standards for the safe packaging, transport, storage, treatment, and disposal of biomedical waste. Except as
otherwise provided herein, the Department of Health shall regulate the packaging, transport, storage, and
treatment of biomedical waste. The Department ofEnviromnental Protection shall regulate onsite and offsite
incineration and disposal of biomedical waste. Consistent with the foregoing, the Department of Health shall have
the exclusive authority to establish treatment efficacy standards for biomedical waste and the Department of
Enviromnental Protection shall have the exclusive authority to establish statewide standards relating to
enviromnental impacts, ifany, of treatment and disposal including, but not limited to, water discharges and air
emissions. An interagency agreement between the Department of Enviromnental Protection and the Department of
Health shall be developed to ensure maximum efficiency in coordinating, administering, and regulating
biomedical wastes.
(2) DEFINITIONS.--As used in this section, the term:
(a) "Biomedical waste" means any solid or liquid waste which may present a threat of infection to humans. The
term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which
contains human-disease-causing agents; discarded disposable sharps; human blood, blood products, and body
fluids; and other materials which in the opinion of the department represent a significant risk of infection to
persons outside the generating facility. The term does not include human remains that are disposed of by persons
licensed under chapter 470.
(b) "Biomedical waste generator" means a facility or person that produces or generates biomedical waste. The
term includes, but is not limited to, hospitals, skilled nursing or convalescent hospitals, intermediate care facilities,
clinics, dialysis clinics, d.ental offices, health maintenance organizations, surgical clinics, medical buildings,
physicians' offices, laboratories, veterinary clinics, and funeral homes where embalming procedures are
performed.
(c) "Department" means the Department of Health.
(d) "Sharps" mean those biomedical wastes which as a result of their physical characteristics are capable of
puncturing, lacerating, or otherwise breaking the skin when handled.
(e) "Treatment" means a.ny process, including steam treatment, chemical treatment, and microwave shredding,
which changes the character or composition of biomedical waste so as to render it noninfectious. For the pwposes
of this section, treatment does not include the incineration of biomedical waste.
(3) OPERATING STANDARDS.--The department shall adopt rules necessary to protect the health, safety, and
welfare of the public and. to carry out the pwpose of this section. Such rules shall address, but need not be limited
to, definitions of terms, the packaging of biomedical waste, including specific requirements for the segregation of
the waste at the point of generation; the safe packaging of sharps; the placement of the waste in containers that
will protect waste handle:rs and the PERMITS AND FEES.--
(a) All persons who generate, store, or treat biomedical waste shall obtain a permit from the department prior to
commencing operation, except that a biomedical waste generator generating less than 25 pounds of biomedical
waste in each 30-day period shall be exempt from the registration and fee requirements of this subsection. A
biomedical waste generator need not obtain a separate permit if such generator works less than 6 hours in a 7 -day
period at a location different than the location specified on the permit. The department may issue combined
permits for generation, storage, and treatment as appropriate to streamline permitting procedures. Application for
such permit shall be made on an application form provided by the department and within the time frames and in
the manner prescribed by department rule.
(b) Once the department determines that the person generating, storing, or treating biomedical waste is capable of
constructing a facility or operating in compliance with this section and the rules adopted under this section, the
department shall grant the permit.
(c) If the department determines that the person generating, storing, or treating biomedical waste does not meet
the provisions outlined in this section or the rules adopted under this section, the department shall deny the
March 10, 2003
Regular Item C
application for the permit pursuant to provisions of chapter 120. Such denial shall be in writing and shall list the
circumstances for denial. Upon correction of such circumstances, the permit shall be issued.
(d) The public from exposure; the appropriate labeling of containers of waste; written operating plans for
managing biomedical waste; and the transport, storage, and treatment of biomedical wastes.
(4) permit for a biomedical waste facility may not be transferred. When the ownership, control, or name of a
biomedical waste facility is changed and continues to operate, the new owner shall apply to the department, upon
forms provided by the department, for issuance of a permit in the time frame and manner prescribed by rule of the
department.
( e) The department shall establish a schedule of fees for such permits. Fees assessed under this section shall be in
an amount sufficient to meet the costs of carrying out the provisions of this section and rules adopted under this
section. The fee schedule shall not be less than $50 or more than $400 for each year the permit is valid. Fees may
be prorated on a quarterly basis when a facility will be in operation for 6 months or less before the annual renewal
date. The department shall assess the minimum fees provided in this subsection until a fee schedule is adopted by
rule of the department. Facilities owned and operated by the state shall be exempt from the payment of any fees. .
(t) Fees collected by the department in accordance with provisions of this section and the rules adopted under this
section shall be deposited into a trust fund administered by the department for the payment of costs incurred in the
administration of this section.
(g) Permits issued by the department shall be valid for no more than 5 years. However, upon expiration, a new
permit may be issued by the department in accordance with this section and the rules of the department.
(h) The department may develop a streamlined process for permitting biomedical waste storage facilities that
accept and store only shaJrps collected from the public, which may include the issuance of a single permit for each
applicant that develops or sponsors a sharps collection program.
(5) TRANSPORTERS.--Any person who transports biomedical waste within the state must register with the
department prior to engaging in the transport of biomedical waste in accordance with rules adopted by the
department. A registration may not be transferred from one biomedical waste transporter to another. If the
ownership or name of a biomedical waste transporter is changed and the owner intends to continue operation of
the transporter, the owner must apply to the department on departmental forms within the timeframes and in the
manner prescribed by department rule. The department may charge registration fees in the same manner as is
provided in paragraphs (4)(e) and (t). The department may exempt from this requirement any person who, or
facility that, transports less than 25 pounds of such waste on any single occasion.
(6) TRACKING SYSTEM.--The department shall adopt rules for a system of tracking biomedical waste.
(a) Such system shall, at a minimum, provide for tracking of the transportation of the waste from the generator to
the treatment or incineration facility, including a means for providing the generator of the. waste assurance that the
waste is received by the treatment or incineration facility, and shall include the identification of the entity
transporting the waste on the container.
(b) Inspections may be conducted for purposes of compliance with this section. Any such inspection shall be
commenced and completed with reasonable promptness. If the officer, employee, or representative of the
department obtains any s~lmples, prior to leaving the premises he or she shall give the owner, operator, or agent in
charge a receipt describing the sample obtained.
(c) Any person who fails to comply with the provisions of this subsection commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
(7) ENFORCEMENT AND PENALTIES.--Any person or public body in violation of this section or rules
adopted under this section is subject to penalties provided in ss. 381.0012, 381.0025, and 381.0061. However, an
administrative fme not to exceed $2,500 may be imposed for each day such person or public body is in violation
of this section. The deparltmenfmay deny, suspend, or revoke any biomedical waste permit or registration if the
permittee violates this section, any rule adopted under this section, or any lawful order of the department.
March 10, 2003
Regular Item C
(8) PREEMPTION OF AUTHORITY TO REGULATE.--The regulation and inspection of biomedical waste
generators is hereby pret~mpted by the state. Nothing in this chapter shall be construed to affect a local
government's zoning and land use authority over biomedical waste generators. Acute care hospitals, licensed
under chapter 395, which utilize a certified onsite treatment process involving grinding and treatment, may
dispose of such treated biomedical waste in the normal municipal solid waste stream upon notifying the local
governments that are responsible for solid waste collection and disposal.
(9) TRANSITION.--
(a) Nothing in this act is intended to repeal or modify any existing rules of the Department of Environmental
Protection relating to biomedical waste unless such rule or part thereof is in direct conflict with this act. Rules of
the Department of Environmental Protection relating to transport, storage, or treatment of biomedical waste
existing on the effective date of this act shall remain in effect and be enforceable by the department until
comparable rules are adopted by the department, and no judicial or administrative proceeding pending on the
effectiv~ date of this act shall be abated as a result of the provisions of this act.
(b) Any person operating or in the process of constructing a biomedical storage or treatment facility, or any
person transporting biomedical waste, in accordance with a permit or registration issued by the Department of
Environmental Protection on the effective date of this act, may continue to operate under that permit or
registration until that permit or registration expires, or until December 31, 1996, whichever is later. The
department's rules concerning the permitting or registering of biomedical waste storage facilities, treatment
facilities, and transporters shall be designed to accomplish a smooth transition between permitting or registration
authorities.
(c) A permit application which is received after or which is pending on the effective date of this act, which would
have been considered a renewal application if submitted to the Department of Environmental Protection, will be
considered a renewal application for purposes ofs. 120.60 when submitted to the department.
(d) Prior to implementing the change in the regulation of offsite treatment facilities described in this act, and after
full consultation with affected persons, the department and the Department of Environmental Protection shall
establish an interagency .agreement to streamline the permitting and inspection of these treatment facilities. The
agreement also shall be designed to avoid any duplicative or overlapping regulation of these treatment facilities.
Such agreement shall at l.east provide:
1. That the Department of Environmental Protection will continue to accept and act on permit applications for
these facilities;
2. That the department will review these permit applications with respect to those matters within its jurisdiction;
3. That these permits will be consolidated with other required Department of Environmental Protection permits,
where possible; and
4. That any inspections will be consolidated to avoid duplicate inspections, where possible.
History.--s. 51, ch. 88-130; s. 2, ch. 89-138; s. 42, ch. 91-297; s. 1, ch. 92-104; s. 6, ch. 93-207; s. 353, ch. 94-
356; s. I, ch. 96-284; s. 184, ch. 97-101; s. 13, ch. 98-151; s. 13, ch. 2000-242.
Note.--Former s. 381.80.
March 10, 2003
Regular Item C
FLORIDA STATUTE 877.04, TATTOOING PROHIBITED; PENALTY--
(1) It is unlawful for any person to tattoo the body of any human being; except that tattooing may be performed
by a person licensed to practice medicine or dentistry under chapters 458 and 459 or chapter 466, or by a person
under his or her general supervision as defined by the Board of Medicine.
(2) Any person who violates the provisions of this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) No body ofa minor shall be tattooed without the written notarized consent of the parent or legal guardian.
History.--ss. 1,2, ch. 59-439; s. 1, ch. 69-118; s. 1148, ch. 71-136; s. 1, ch. 77-174; s. 124, ch. 92-149; s. 23, ch.
93-260; s. 1426, ch. 97-102.
March 10, 2003
Regular Item C
FLORIDA ADMINISTRATIVE CODE (F.A.C.), CHAPTER 64E-19
CHAPTER 64E-19 BODY PIERCING
64E-19.001
64E-19.002
64E-19.003
64E-19.004
64E-19.005
64E-19.006
64E-19.007
64E-19.008
General.
Definitions.
Fonus.
Requirements for Premises.
Requirements for Sterilizing Jewelry and Instruments.
Piercing Procedures.
Other Operations.
Enforcement.
64E-19.001 General.
This rule prescribes minimum sanitary and safety requirements related .to the design and operation of body piercing salons and
temporary establishments, as those tenus are defined in subsection 381.0075(2), F.S. Body piercing salons shall also comply with
Section 381.0075, F.S., and Chapter 64E-16, FAC. Biomedical Waste, Florida Administrative Code. Unless specified elsewhere
in these requirements, temporary establishments shall meet the same requirements as salons at fixed locations.
Specific Authority 381.0075(10) FS. Law Implemented 381.0075. FS. History-New 1-24-00.
64E-19.002 Definitions
(I) "Aftercare instructions" - means verbal and written instructions that the customer should follow to promote healing of the
pierced area.
(2) "Antiseptic" - means an agent that inhibits the growth and multiplication of disease-causing microorganisms.
(3) "Aseptic techniques" - me:ans methods used in piercing procedures to prevent contamination of a pierced area by
pathogenic organisms.
(4) ''Body piercing area" - means the specific area within a salon where body-piercing procedures are conducted.
(5) "Contaminated" - means the presence of microorganisms on inanimate objects.
(6) "Department" - means the Department of Health and its representative county health departments.
(7) ''Fonual training" - means a. course of instruction that is presented under classroom conditions to detail compliance with
the requirements of this chapter, including safety, sanitation, and sterilization requirements and standard precautions for preventing
the transmission of infectious diseast:S.
(8) "Equipment" - means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display
and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a body-piercing salon.
(9) "Hands ink" - means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands,
arms or other portions of the body.
(10) "Hot water" - means water which attains and maintains a temperature of at least 100 degrees Fahrenheit.
(II) "Injury" - means any unexpected complication, damage, harm, hurt, or impairment to a customer's body structure or
function that is caused by a piercing and required the attention of a licensed practitioner.
(12) "Instruments" - means hand pieces, needles, and other tools that may come in contact with a customer's body or be
exposed to body fluids during body-piercing procedures.
(13) "Licensed practitioner" means any physician, osteopathic physician, or dentist, licensed under Chapters 458, 459, and
466, F.S. The tenu also includes an. Advanced Registered Nurse Practitioner or Certified Physician's Assistant who perfonus
medical acts of diagnosis, treatment, and operation pursuant to a protocol between an ARNP or PA and a Florida-licensed
physician, osteopathic physician or dl~ntist.
(14) "Minor" - means any person who has not attained the age of 18 years, except as provided in Sections 743.01 and 743.015,
F.S.
(15) "Oral piercing" - means a piercing in any portion of the mouth, including the tongue, lip and cheeks.
(16) "Notifiable disease" - shall have the same meaning as subsection 64D-3.00 I (12), F.A.C.
(17) "Piercer" - means any person who performs body-piercing procedures in an establishment regulated under this chapter.
(18) "Procedure surface" - means any surface of an inanimate object or any associated work area that may require sanitizing,
as specified in subsection 381.0075(11), F.S.
(19) "Sanitizer" - means a disinti~ctant or germicide registered with the United States Environmental Protection Agency.
(20) "Single use" - means products or items that are intended for one-time, one-person use and are disposed of after use on
each customer such as, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors,
piercing needles, scalpel blades, and protective gloves.
(21) "Spore" - means a highly resistant dehydrated form of a bacterial cell, such as those of the genus Bacillus.
(22) "Standard precautions" - means a set of guidelines and controls, published by the Center for Disease Control and
Prevention (CDC), which includes specific recommendations for the use of gloves, masks, protective eye wear and/or other
protective equipment when contact wiith blood or body fluids containing blood is anticipated. These guidelines and controls may be
- 896
found in ''Recommendations for Prevention of HIV Transmission in Health-Care Settings", Morbidity and Mortality Weekly
Report (MMWR), August 21,1987, Vol. 36, No. (SU02);001; "Universal Precautions for Prevention of Transmission of Human
Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne Pathogens in Health-Care Settings", MMWR, June 24, 1988,
Vol. 37, No. 24; "Guidelines for Prevention and Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to
Health-Care and Public Safety Workers, MMWR, June 23, 1989, Vol. 38, No. S-6; and MMWR; and "Recommendations for
Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive
Procedures", July 12,1991, Vol. 40, No. (RR08);1-9. These guidelines are hereby incorporated by reference into this chapter."
Specific Authority 381.0075(10) FS. Law Implemented 381.0075(10) FS. History-New 1-24-00.
64E-19.003 Forms.
(1) All forms listed in this section are incorporated by reference. Forms used by the public may be obtained from the county
. health department in the county of their location or the Department of Health, 4052 Bald Cypress Way, BIN A08, Tallahassee,
Florida 32399-1710.
(a) DH Fonn 4124, 11/02, Body Piercing Salon Inspection Report.
(b) DH Fonn 4122,9/02, Body Piercing Salon Injury Report.
(c) DH Fonn 4121, 11/02, Body Piercing Salon Citation of Violation.
(d) DH Fonn 4123,10/99 Body Piercing Salon Stop Use Order.
(2) Upon receipt of a properly completed DH Fonn 4120, 10/99, Application for a Body Piercing Salon License, the
department shall process the application in accordance with the provisions of Chapter 120.60, F.S., and agency procedures.
Specific Authority 381.0075(10) FS. Law Implemented 381.0075(5)(b), (9), (10) FS. History-New 1-24-00, Amended 1-28-03.
64E-19.004 Requirements for Premises.
(1) Structural, electrical, mechanical, ventilation, and plumbing components of buildings shall comply with local building and
zoning codes. Walls, floors, ceilings" and equipment in all areas of a salon shall be maintained in a clean condition and in good
repair.
(2) Walls, floors, and procedure surfaces of equipment in areas where body-piercing procedures are conducted, where
equipment and instruments are cleaned, and in restrooms shall be smooth non-absorbent and washable; except that, wooden floors
may be used in these areas provided they are, at a minimum, varnished or sealed with a commercial water repelling coating and
maintained .as such. After use by each customer, all procedure surfaces shall be cleaned and sanitized with a sanitizer that has a
demonstrated tuberculocidal activity, as indicated by the product label.
(3) Effective measures shall be taken by the salon operator to protect against the entrance, breeding or presence of insects,
vennin and rodents in a salon. Openings to the outside shall be protected by such means as self-closing doors, screened or closed
windows or controlled air currents. Screening material shall not be less than 16 mesh to the inch.
(4) There shall be a minimum offorty-five (45) square feet of floor space in the body piercing area for each person perfonning
body piercing in the salon. Each salon shall have an area that can be screened from public view for customers requesting privacy.
Multiple body piercing stations shall be separated by such means as dividers, curtains or partitions that are cleanable.
(5) Each salon shall be provided! with an artificial light source equivalent to a minimum of twenty (20) foot candles three (3)
feet off the floor, except that at least one hundred (100) foot candles shall be provided at the level where the body piercing
procedure is being perfonned, and where instruments an.d sharps are assembled. Spotlighting may be used to achieve the one
hundred foot candle requirement.
(6) A handsink separate from handsinks in restrooms, liquid soap, and disposable single-use paper towels shall be readily
accessible and located within each body piercing area or centrally located within the overall work room or area, so each piercing
area has access to the hands ink. One handsink shall serve no more than three body piercing personnel. Hot water at handsinks shall
not exceed 120 degrees Fahrenheit.
(7) Restrooms shall be supplied with liquid soap, toilet tissue, single-use paper towels, and a waste receptacle.
(8) At least one waste receptacle shall be provided in each body piercing area. Solid waste shall be collected, stored, and
disposed of in a manner and frequency that does not create a sanitary nuisance, as that tenn is defined in Chapter 386, F.S.
Biomedical waste, as that term is defined in paragraph 381.0098(2)(a), F.S., shall be managed in accordance with Chapter 64E-16,
FAC
(9) Other equipment and supplies necessary for providing body-piercing services and for cleaning and sterilizing instruments
shall be provided. This includes at least a separate one-compartment sink with hot and cold running water under pressure for
cleaning instruments, an autoclave, instruments and single use supplies for performing piercings, work tables or counters, customer
chairs, and storage cabinets or containers for storing clean and sterilized instruments and supplies. All surfaces of equipment shall
be made of smooth, non-absorbent and non-porous material. Each one-compartment sink and autoclave must have an adequate size,
depth or capacity to submerge or otherwise accommodate the instruments being cleaned or autoclaved. Salons that use ultrasonic
units with heating elements to clean their instruments, shall not be required to have hot water at the one-compartment sink;
provided the heating elements can heat the cleaning solution to at least the minimum temperature required by this chapter and
maintain that temperature throughout the cleaning cycle.
- 897
(10) Animals shall not be allowed in a body-piercing salon, except as provided under Section 413.08, F.S. Aquariums with fish
shall be allowed in waiting rooms and nonprocedural areas.
(II) Except for first aid purposes, smoking, eating, or drinking is prohibited in areas where body-piercing procedures are
performed or where instruments and supplies are cleaned and stored.
(12 Water supplies shall comply with the provisions of Chapter 64E-8 or 62-550, FAC.
(13) Sewage disposal shall comjply with the provisions of Chapter 64E-6 or 62-600, F.A.C.
(14) There shall not be a direct opening between a body piercing salon and any building or portion of a building used as living
or sleeping quarters or as a food establishment. This shall be accomplished, at a minimum, by a solid floor to ceiling wall of
separation.
(15) Body-piercing salons not in full compliance with the building and equipment requirements of this section on the effective
date of this chapter, shall have six months from the effective date of this chapter to comply with these requirements; provided that
no complaints of injury validated by the department are reported to the department during that time period; further provided that no
uncorrected sanitary nuisances, as df:fined by chapter 386, F.S., occur at the salon during that time period. This subsection does not
apply to temporary establishments.
Specific Authority 381.0075(10) FS. Law Implemented 381.0075(10),(11) FS. History-New 1-24-00.
64E-19.00S Requirements for Sterilizing Jewelry and Instruments.
(I) All non-disposable instruments used for body piercing shall be cleansed and sterilized after each use in the manner
prescribed in subsection 381.0075(11), F.S., including the temperature requirements. Autoclave sterilization shall be conducted for
the cycle of time and corresponding operating pressure recommended by the manufacturer of the autoclave. Sanitizers used in the
cleaning process must have demonstrated tuberculocidal activity, as indicated by the product label, and be registered with the U.S.
Environmental Protection Agency. Jewelry may be sterilized with a liquid chemical sterilant that is cleared for use by the U.S. Food
and Drug Administration as long as the jewelry is sterilized according to the procedures on the product label.
(2) Unless otherwise specified by the autoclave manufacturer, instruments that are to be autoclaved must be packed
individually in single use paper peel..packs or other containers designed for sterilizing instruments and marked with the expiration
date. The expiration date shall not exceed 30 days from the date autoclaved.
(3) All sterilized instruments shall remain stored in sterilized containers until just prior to perfonning a body piercing
procedure. Where several instruments are sterilized at the same time in the same container, such as in a single use setup, once the
container is opened, any instruments not used immediately in a procedure must be resterilized.
(4) In addition to the indicator requirements of subparagraph 381.007 5( II )(b )2., F.S., body-piercing salons shall demonstrate,
using spore destruction tests, that their autoclaves are capable of attaining the minimum operating standards specified in subsection
(I) above. These tests shall be performed every 40 hours of autoclave operation, but not less than on a quarterly basis. A log shall
be kept to document the hours of autoclave operation, and the spore tests shall be verified through an independent laboratory.
(5) Autoclaves shall be cleaned at the frequency recommended by the manufacturer. Autoclaves shall be serviced at the
frequency recommended by the manufacturer, but not less than once a year. A copy of the manufacturer's instructions for cleaning
and servicing the autoclave must be maintained on file in the salon.
(6) All clean or packaged sterilized instruments and supplies shall be stored in clean, dry closed cabinets or tightly covered
containers.
Specific Authority 381.0075(10) FS. Law Implemented 38/.0075(10), (11) FS. History-New /-24-00. Amended /-28-03.
64E-19.006 Piercing Procedures. .
(I) Persons performing body-piercing procedures must use aseptic techniques and sterile instruments as specified in
subparagraph 381.0075(ll)(a)1., F.S., at all times during the practice of body piercing. Before and after perfonning piercing
procedures, piercers must thoroughly wash their hands in hot running water with liquid soap, rinse their hands and dry them with
single-use disposable paper towels.
(2) When performing body-piercing procedures, piercers shall wear disposable sterile medical gloves. Gloves shall be
discarded after the completion of each procedure 011 an individual customer in accordance with Chapter 64E-16, F.A.C. Should
gloves become torn, punctured, or otherwise contaminated, piercers shall rewash their hands immediately using the procedure
described in subsection (I) above, and put on a new pair of sterile gloves.
(3) Piercers shall wear protective eyewear ifthe piercer detennines that spattering is likely to occur.
(4) Only jewelry and single use needles that are sterilized, and prepackaged single use sterile gauze or cotton swabs shall be
used in piercing procedures. Jewelry must meet the requirements of subparagraph 381.0075(11 )(a)5., F.S.
(5) Single use items contaminated prior to or during the procedure shall be discarded immediately and replaced with new ones
before the procedure may resume.
(6) Any skin or mucous membrane surface to receive a body piercing procedure shall be free of rash, infection or any other
visible disease condition.
(7) Piercers shall be free of any infection or any other visible disease condition that may be transmitted as a result of carrying
out the piercing procedure.
- 898
(8) Preparation and Care of the Pierced Area.
(a) If shaving is necessary prior to a body-piercing procedure, a single-use disposable razor shall be used. In accordance with
subparagraph 381.0075(11)(a)4., F.S.; before perfonning a body piercing procedure, the skin and surrounding area where the
piercing is to be done shall be thoroughly cleansed with a solution labeled as an antiseptic for preparation of the skin I) prior to
surgery, or 2) prior to an injection. The antiseptic solution shall be used in accordance with the manufacturer's instructions. A
single use sterile gauze pad or other suitable sterile product shall be used for applying the antiseptic solution. Before an oral
piercing procedure, customers must :rinse their mouths with an antiseptic mouthwash.
(b) In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be sterile single-use
products. . .
(c) Upon completion of the body piercing procedure, piercers must apply an antiseptic solution to the pierced area with a sterile
single-use cotton swab or gauze pad.
Specific Authority 381.0075(10) FS. Law Implemented 381.0075(10),(/ I) FS. History-New 1-24-00, Amended 1-28-03.
64E-19.007 Other Operations.
(I) Infonned Consent. Verbal and written educational infonnation, approved by county health departments, shall be given to
customers wanting to receive body-piercing procedures before the procedures begin. The infonnation shall provide, at a minimum,
a brief description of the piercing procedure, any precautions to be taken by the customer before the piercing, a description of the
risks and possible consequences of body piercing services, instructions for care and restrictions following a piercing procedure, and
restrictions against the piercing of minors prescribed by this chapter and Section 381.0075, F.S. Prior to the piercing, customers
shall sign and date a statement indicating they received and discussed the information with the operator or piercer. Operators and
piercers shall sign and date the statement as well, and retain the original with all other required records. A copy of the statement
shall be provided to the customer upon request of the customer. The operator shall also post in public view the name, address and
phone number of the county health department having jurisdiction over the facility and the procedure for filing a complaint.
(2) Reporting Complaints ofInjuries. As specified in subparagraph 381.0075(11)(a)8., F.S., any injury or complaint of injury,
suspected infections that required tre:atment by a licensed practitioner, or any notifiable diseases resulting from the body-pierCing
procedure that become known to thl: operator shall be reported to the local county health department by the operator within 72
hours of the operator becoming aware of the complaint or condition. The report shall be submitted on DH Fonn 4122, 9/02, Body
Piercing Salon Injury Report.
(3) Customer Records. Records must be maintained in accordance with subparagraph 381.0075(11 )(a)7., F.S., and shall
include the following:
(a) The customer's address and telephone number;
(b) Their date of birth, race and sex;
(c) Their physician's name, address and telephone number;
(d) The name, telephone number and address of an emergency contact person for the customer;
(e) A list of allergies, including allergies to medicines or topical solutions used by the establishment;
(f) History of bleeding disorders;
(g) The date of the customer's initial visit and any subsequent visits;
(h) The body part or location that was pierced;
(i) A description of the jewelry used in the piercing;
(j) A description of any complications' that occurred at the time of the piercing procedure;
(k) Copies of the signed statemelllt for receipt of educational information required in subsection 64E-19.007(l), F.A.C., of this
chapter;
.(1) Copies of the written notarized parental consent statements required by subsection 381.0075(7), F.S., for minors. The
statements must describe the type of piercings that will be perfonned on the minor.
(m) The signature and printed name of the persons perfonning the piercings at each visit.
(4) Other Facility Records. The following records must also be maintained by the body-piercing salon.
(a) Autoclave maintenance records and spore test results required in subsections 64E-19.005(4), (5), F.A.C., of this chapter;
(b) A copy of this chapter and Section 381.0075, F.S.;
(c) Records on operators and all persons performing body-piercing services in the salon. Such records shall include their full
names, dates of birth, sex, home addresses and telephone numbers, their dates of hire, and their duties and responsibilities. Such
records shall be maintained for at least 2 years after a person's employment ends;
(d) Documentation of training required by this chapter and subparagraph 38 I.0075( II )(b )6., F.S., for operators and piercers.
( e) A complete description of all body piercing procedures provided;
(5) Records required by this section shall be maintained at each salon for the current licensing period. Records may be stored
elsewhere after that time frame, but they must be stored in accordance with this chapter and be made available for review by the
department upon request of the department.
(6) Training.
- 899
(a) Operators and piercers shall complete fonnal training that meets the requirements of subsection 64E-19.002(7), F.A.C., of
this chapter. When formal training courses are not available within a one hundred-mile radius of the body-piercing salon where the
piercer is employed, piercers may substitUte the successful completion of a correspondence course. Correspondence courses must
meet the same subject matter requirements as formal training in order to qualify as acceptable substitutes for formal training.
(b) The training required initially for each operator and piercer shall include all of the subjects listed in subsection
64E-19.002(7), F.A.C. Operators and piercers shall receive training annually thereafter in anyone subject or combination of
subjects listed in subsection 64E-19.002(7), FAC.
(c) Each formal training course shall include written material which covers the required subjects, such as a core training
manual; or audio-visual presentations which cover the required subjects, such as slides or videos; and a question and answer period
or fonnat for trainees. A certificate, card, or other form of written documentation shall be provided to trainees who successfully
complete the course.
(d) Operators and piercers must complete the required training according to the following time frames:
I. Operators hired on or after the effective date of this chapter must complete the required training prior to assuming
responsibilities in a salon.
2. Operators and piercers hired before the effective date of this chapter must complete the required training prior to a salon
being licensed.
(e) Training courses required by this chapter must be presented by a person or persons who possess the knowledge, experience
and credentials to teach the required subjects as cited in "Knowledge, Experience, and Credentials for Trainers per Chapter 64E-19,
F.A.C.", May 16. 2002, herein incorporated by reference and available upon request from the Bureau of Facility Programs, 4052
Bald Cypress Way, BIN A08, Tallahassee, Florida 32399-1710. Any individual or organization requesting the department to
review their training courses for compliance with the requirements of this chapter shall submit copies of their training materials to
the Bureau of Facility Programs, at the above address. The materials submitted must include credentials of trainers and persons
compiling the training materials, a copy of the classroom or correspondence course curriculum, and copies of written materials to
be received by trainees. The bureau shall review the materials and inform the applicant of its findings within 30 days from receipt
of the last training materials received from the applicant. When changes are made to a training course that has been reviewed and
accepted by the department, those ch.anges shall also be submitted to the bureau for review prior to implementing the changes.
Specific Authority 381.0075(10) FS. Law Implemented 381.0075(7), (10), (11) Fs. History-New 1-24-00, Amended 1-28-03.
64E-19.008 Enforcement.
(I) Department personnel shall inspect each body-piercing salon to ensure compliance with this chapter and with Section
381.0075, F.S., prior to issuing a license to the salon.
(2) Department personnel shall be granted access to the premises of a body-piercing salon during a salon's nonnal hours of
operation, including access to customer and personnel records to conduct epidemiological investigations.
Specific Authority 381.0075(10) FS. Law Implemented 381.0075(9)(0) FS. History-New 1-24-00.
- 900