SECTION 310:233-11-1. General requirements

(a)   Body piercing or tattooing establishments that continue to operate without proper establishment licenses and artist licenses from the Department or operate in violation of OAC 310:233 shall be subject to legal remedial actions and sanctions as provided by law, the APA, 75 0.S.1991, Section 250 et seq. as amended and the Oklahoma Public Health Code, 63 O.S. Section 1-101 et seq.

(b)   A representative of the Department shall present official credentials and provide notice of the purpose and intent upon entering a body art piercing or tattooing establishment to make an inspection. Such an inspection shall be conducted a minimum of two times a year or as often as necessary to ensure compliance with OAC 310:233.

(c)   If, after investigation, the Department finds that an artist or operator is in violation of OAC 310:233 or 21:841.1 et seq., the Department shall advise the artist or operator, in writing, of its findings and give a date of correction within a reasonable period of time, not to exceed thirty (30) days.

(d)   If the Department has reasonable cause to suspect that a communicable disease is being or may be transmitted by an artist, unapproved or malfunctioning equipment is being used, or unsanitary or unsafe conditions which may adversely impact the health of the public are present in the establishment, upon written notice to the owner or operator, the Department shall take such action as necessary and appropriate, including but not limited to the following:

(1)   Issue an emergency order summarily excluding the performance of body piercing or tattoo procedures by the body piercing or tattooing establishment and any or all artists who are responsible, or reasonably appear responsible, for the transmission of a communicable disease until the Department determines there is no further risk to public health; or

(2)   Issue an order to summarily suspend the license of the licensed body piercing or tattoo establishment and the licenses of any and all artists who are responsible, or reasonably appear responsible, until the Department determines there is no further risk to the public health.

(e)   In taking any action to deny, revoke, suspend, or refuse renewal of a license, the Department shall comply with the provisions of the APA, 75 0.S.1991, Section 250 et seq. as amended and the Oklahoma Public Health Code, 63 O.S. Section 1-101 et seq.

(f)   Administrative fines may be levied for violations of OAC 310:233. Fines for violations shall include, but not be limited to:

(1)   Failure of an apprentice sponsor to supervise and comply with 310:233, up to $5,000.00 per day or withdrawal or suspension of approval;

(2)   Failure to obtain appropriate licenses, up to $5,000.00 per day or denial of license per violation;

(3)   Failure to observe procedures to prevent the transmission of a bloodborne pathogen, up to $5,000.00 per day per violation;

(4)   Failure to maintain instruments used in body piercing or tattooing in a sterile condition, up to $5,000.00 per day per violation;

(5)   Failure to install and maintain appropriate handwashing facilities, up to $5,000.00 per day or revocation per violation;

(6)   Failure to maintain client records, artist information, operator information, or monthly spore test records, up to $5,000.00 per day per violation; and

(7)   Failure of an artist to change exam gloves between clients, up to $5,000.00 per day per violation.

(g)   In addition to administrative fines the Department may deny, revoke, suspend, withdraw or refuse to renew licensure for violations of this Chapter or 21 O.S. Section 842.1 et seq.

[Source: Added at 16 Ok Reg 1701, eff 3-23-99 (emergency); Added at 16 Ok Reg 2458, eff 6-25-99; Amended at 24 Ok Reg 186, eff 11-1-06 (emergency); Amended at 24 Ok Reg 1928, eff 6-25-07]