Section 333.13107 - Owner of body art facility; duties. - Michigan Statutes

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978

333.13107 Owner of body art facility; duties.

Sec. 13107.

A person who owns or operates a body art facility licensed under this part shall do all of the following:

(a) Display the license issued under this part in a conspicuous place within the customer service area of the body art facility.

(b) Comply with and ensure that the body art facility is in compliance with this part and part 138 and with rules promulgated under those parts.

(c) Ensure that the body art facility as a whole and any individual engaged in tattooing, cleaning tattooing instruments, performing branding or body-piercing, or cleaning branding or body-piercing instruments comply with the bloodborne pathogen safety standards under 29 CFR 1910.1030.

(d) Ensure that tattooing, branding, or body-piercing is performed in a sterile field with sterile needles and only single-use ink.

(e) Maintain a confidential record of each individual who has been tattooed or branded or who has had body-piercing performed at the body art facility and make the records available for inspection by a local health department. The record shall include, at a minimum, the individual's name, address, age, and signature; the date; the design and location of the tattooing, branding, or body-piercing; the name of the individual performing the tattooing, branding, or body-piercing; and any known complications the individual has with any tattooing, branding, or body-piercing done at that body art facility. The owner, operator, manager, or person having control of the body art facility shall provide a copy of the record to the individual at the time he or she is tattooed, is branded, or has body-piercing performed. The department shall develop guidelines for the confidential handling of this record, including, but not limited to, the maintenance, storage, inspection, and destruction of the record.

(f) Prohibit smoking within the body art facility.

(g) Provide each customer with a written information sheet distributed or approved by the department that provides at least all of the following:

(i) Instructions on the care of a tattoo site, brand site, or body-piercing site.

(ii) A recommendation that an individual seek medical attention if the tattoo site, brand site, or body-piercing site becomes infected or painful or if the person develops a fever soon after being tattooed, branded, or having body-piercing performed.

(iii) Notice that the individual may be allowed to donate blood within the standard deferral period if the individual presents a copy of the record required under subdivision (e) to the blood donor facility.

(h) Maintain on file on the premises of the body art facility and have available for inspection by a local health department all of the following:

(i) All of the following regarding each technician employed by or who performs tattooing, branding, or body piercing at the body art facility:

(A) His or her full legal name.

(B) His or her exact duties at the facility.

(C) His or her date of birth.

(D) His or her gender.

(E) His or her home address.

(F) His or her home and work telephone numbers.

(G) His or her prior or other current places of employment as a technician, if known.

(H) His or her training and experience.

(I) An identification photo.

(J) Documentation of compliance with the educational, training, or experience requirements of the department under this part.

(K) Documentation of HBV vaccination status or other vaccination status requirements of the department under this part.

(ii) Full legal name of the body art facility.

(iii) The hours of operation of the body art facility.

(iv) All of the following regarding each owner and operator of the body art facility:

(A) His or her full legal name.

(B) His or her home address.

(C) His or her home and work telephone numbers.

(v) A complete description of all tattooing, branding, or body piercing performed at the body art facility.

(vi) A complete inventory of all instruments, body jewelry, sharps, and inks used for the tattooing, branding, or body piercing performed at the body art facility. The inventory shall include the name of the item's manufacturer and serial or lot number, if applicable. The body art facility may provide invoices or orders to satisfy this requirement if determined appropriate by the department or the local health department.

(vii) A copy of this part and rules promulgated under this part.

History: Add. 2007, Act 149, Imd. Eff. Dec. 13, 2007
Compiler's Notes: In subdivisions (h)(i), (v), and (vi), the words "body piercing" should evidently be hyphenated to read "body-piercing".
Popular Name: Act 368