Naugatuck Valley Health District

CODES & REGULATIONS

BODY PIERCING CODE

SECTION A: DEFINITIONS

For the purpose of these regulations:

(1) "Advanced Practice Registered Nurse" means a person licensed to perform advanced level nursing practice activities pursuant to subsection (b) of section 20-87a of the Connecticut General Statutes.

(2) "Authorized Agent" means an employee of the Naugatuck Valley Health District designated by the Director of Health to enforce provisions of these regulations.

(3) "Blood" means human blood, human blood components and products made from human blood.

(4) "Bloodborne Pathogens" means pathogenic microorganisms that are present in human blood and can cause diseases in humans. These pathogens include, but are not limited to, Hepatitis B Virus (HBV), Hepatitis C Virus (HCV), and Human Immunodeficiency Virus (HIV).

(5) "Body Piercing" means puncturing or penetration of the skin of a person with pre-sterilized single-use needles and the insertion of pre-sterilized jewelry or other adornment thereto in the opening, except that puncturing the outer perimeter and/or lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system shall not be included in this definition.

(6) "Body Piercer" means a person who engages in the art of body piercing

(7) "Body Piercing Establishment" means any room or space where body piercing is practiced or where the business of body piercing is conducted or any part thereof.

(8) "Contaminated" means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface.

(9) "Critical Items" means those aspects of a procedure, which if violated, constitute an imminent hazard to health and safety.

(10) "Critical Violations" means one or more of the following findings.

(a) Autoclave not in proper working order or in proper use

(b) Lack of a monthly spore test properly recorded

(c) Non-disposable instruments and equipment improperly sterilized or stored.

(d) Reuse of single use items.

(e) Improper operator scrub technique before and after a procedure.

(f) Improper glove technique during a procedure.

(g) No hepatitis vaccination program in place.

(h) Piercing an un-emancipated minor under the age of eighteen (18) years of age without the written permission of the parent or guardian of such minor.

(11) "Department" means the Naugatuck Valley Health District

(12) "Director of Health" means the Director of Health of the Naugatuck Valley Health District.

(13) "Disinfected" means the destruction of all vegetative forms of pathogenic agents by chemical or physical means.

(14) "Ear Piercing" means the puncturing of the outer perimeter or lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system following manufacturer's instructions. Under no circumstances shall ear piercing studs and clasps be used anywhere on the body other than the outer perimeter and lobe of the ear.

(15) "Exposure Incident" means a specific eye, mouth, or other mucous membrane, non-intact skin or other parenteral contact with blood or other potentially infectious materials.

(16) "Equipment" means all machinery, including fixtures, containers, vessels, tools, implements, furniture, display, storage areas, sinks, and other apparatus used in connection with the operation of the establishment.

(17) "Fee Schedule" means the Bloodborne Pathogen Certificate, Body Piercing Establishment License, Temporary Body Piercing Establishment License and associated fees specified in the Annual Fiscal Budget adopted by the Board of Directors of the Naugatuck Valley Health District in accordance with the provisions of the Connecticut General Statutes.

(18) "Hot Water" means water which is at a temperature of not less than one hundred twenty-five (125) degrees Fahrenheit.

(19) "Infection" means the invasion and colonization of body tissues by pathogenic organisms.

(20) "Infectious Waste" means waste generated in the treatment or service of a human which falls under one or more of the following categories.

(a) Pathological wastes are human pathological wastes, including tissues that are removed during medical procedure.

(b) Human blood and bodily fluid waste including liquid waste, human blood, blood products, items saturated or dripping with blood or caked with dried human blood.

(21) "Jewelry" means a surgical steel or other approved component ornament of good quality, corrosion resistant, free of scratches or cut and designed for use in body piercing.

(22) "Osteopathic Physician" means a person licensed to practice osteopathy pursuant to chapter 371 of the Connecticut General Statutes.

(23) "Parenteral" means piercing mucous membranes or the skin barrier through such events as needlesticks, cuts or abrasions.

(24) "Physician" means a person licensed to practice medicine and surgery pursuant to chapter 370 of the Connecticut General Statutes.

(25) "Physician Assistant" means a person licensed pursuant to section 20-12b of the Connecticut General Statutes.

(26) "Registered nurse" means a person licensed to practice nursing pursuant to subsection (a) of section 20-87a of the Connecticut General Statutes.

(27) "Regulated Waste" means liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed, items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.

(28) "Scarification" means permanent modification to the human skin from the infliction of a wound by creating designs made up of scars produced by branding (scarification through burns), cuttings (fine scarification using a thin blade), and general scarification using various means other than those body piercing and tattooing procedures permitted in the sanitary codes of the Naugatuck Valley Health District.

(29) "Sterilization" means the process of destruction of all forms of microbial life by physical or chemical means.

(30) "Sterile Technique" means a method of functioning that is designed to maintain the sterility of sterile objects.

(31) "Temporary Body Piercing Events" means a body piercing establishment that operates for no more than seventy-two (72) consecutive hours in conjunction with a festival at an established locale.

(32) "Universal Precautions" means an approach to infection control in which all human blood and certain human body fluids are treated as if known to be infected with Hepatitis B Virus, Hepatitis C Virus, Human Immunodeficiency Virus and other bloodborne pathogens.

SECTION B: INSPECTIONS

(1) The Director of Health or authorized agent shall inspect each Body Piercing Establishment at least once annually, or as many inspections or reinspections as deemed necessary, for the enforcement of these regulations. Failure to pass inspection may result in suspension or revocation of the license.

(2) The Director of Health or authorized agent, after proper identification, shall be permitted to enter, at any reasonable time, any Body Piercing Establishment for the purpose of making an inspection to determine compliance with these regulations.

(3) The Director of Health or authorized agent shall be permitted to examine records of the establishment, to obtain information pertaining to persons pierced and equipment, but not including financial records. There shall be a person knowledgeable with these records in the establishment during all hours of operation.

(4) Whenever the Director of Health, or authorized agent, conducts an inspection of a Body Piercing Establishment, the Department's findings shall be recorded on an inspection report form provided for this purpose, and a copy of such inspection report form shall be furnished to the license holder or person in charge.

(5) Whenever the Director of Health or authorized agent, conducts an inspection and observes that any of the requirements of these regulations have been violated, the Director of Health or authorized agent, shall notify the license holder or person in charge of such violations by means of the inspection report form or other written notice. Such notification shall include the specific violation(s) observed and a reasonable period of time for the correction of the observed violation(s).

(6) The Director of Health or authorized agent, upon written notice to the license holder or person in charge, may place an embargo on any item, substance or equipment that is determined to be or is believed associated with the cause of illness or infection. It shall be considered unlawful to remove or alter such an embargo without the permission of the Director of Health, except by order of a court of competent jurisdiction.

SECTION C: ESTABLISHMENT REQUIREMENTS

(1) Plan Review and Submission

(a) When a Body Piercing Establishment is constructed or remodeled, plans drawn to a minimum ¼ inch scale and specifications for construction must be submitted along with a Body Piercing Establishment License application to the Department for approval.

(b) The plans must include, but are not limited to: description and location of work areas, equipment, sinks, counters, storage areas, toilet facilities, fixtures, waiting and viewing areas.

(c) Manufacturers' specification sheets shall be included in the plan for submission for all equipment, floors, walls and ceilings.

(d) All plans must be approved by this department prior to construction of the Body Piercing Establishment.

(2) Location of Establishment

(a) Body Piercing Establishments shall be in locations permissible under local zoning codes.

(b) Written approval from the local Zoning Code Enforcement Officer must be submitted with the plans.

(c) There shall be no human habitation, food service and/or preparation or other such activity which may cause potential contamination of work surfaces inside the Body Piercing Establishment.

(3) Floors, Walls and Ceilings

(a) Floors shall be constructed of approved materials so as to be durable, easily cleanable, non-absorbent and free of holes. Floors shall be kept clean and in good repair.

(b) The juncture between the floor and the wall shall be closed and covered to permit effective cleaning.

(c) Walls, ceilings and attached equipment shall be constructed of approved materials so as to be durable, easily cleanable, non-absorbent and free of holes. Walls, ceilings and attached equipment shall be kept clean and in good repair and finished in a light color that will not conceal the presence of soil and debris.

(4) Equipment

(a) The chair, seat or table to be utilized by the person receiving the piercing shall be smooth, easily cleanable and non-absorbent.

(b) All chairs, seats and tables must be cleaned and disinfected, with methods approved by this department, prior to use by the next client.

(c) All equipment shall be maintained in good repair.

(5) Lighting

Body Piercing Establishments shall have lighting of at least fifty (50) foot candles of illumination in all work areas. Such illumination shall be free of glare and distributed so as to avoid shadows.

(6) Ventilation

Ventilation shall be provided so as to prevent and remove objectionable and harmful odors in such a manner that will not cause a public health nuisance.

(7) Water Supply

The water supply shall be adequate, of a safe, sanitary quality from a source approved by this department. Hot and cold water under pressure shall be provided at all sinks.

(8) Toilet Facilities

(a) All Body Piercing Establishments shall provide an adequate toilet facility for the employees and comply with applicable statutes, ordinances and regulations. Sewage shall be disposed of in a public sewer system or, in the absence thereof, in a manner approved by the Director of Health.

(b) Toilet fixtures shall be sanitary and easily cleanable.

(c) Toilet facilities including rooms and fixtures shall be kept in a clean condition and in good repair.

(d) Toilet facilities must be supplied with an anti-bacterial liquid soap, toilet paper and single service, disposable paper towels.

(e) The doors for all toilet rooms shall be self-closing.

(f) Equipment or supplies used for tattoo procedures shall be neither used nor stored in the toilet facilities.

(9) Hand Washing

(a) Each work station in the Body Piercing Establishment shall be equipped with a hand washing sink in close proximity with hot and cold potable running water for the exclusive use of the Body Piercer for washing his or her hands and prepping clients.

(b) At each handwashing sink there shall be anti-bacterial soap, single use, disposable, sanitary towels and running hot water available at all times. Common towels are prohibited.

(10) Refuse and Refuse Containers

(a) All garbage and rubbish containing wastes shall be kept in leak-proof, non-absorbent, easily cleanable, covered containers which must be kept clean.

(b) Refuse containers inside the establishment shall be operated by a foot pedal.

(c) All garbage and rubbish shall be disposed of with sufficient frequency and in such manner as to prevent a public health nuisance.

(d) Infectious wastes shall be disposed of in compliance with the Regulated and Infectious Waste requirements of these regulations.

(11) Regulated and Infectious Waste

(a) All infectious and regulated waste must be disposed by means of medical regulated waste containers and licensed medical waste disposal methods.

(b) All needles shall be disposed of in Sharps containers.

(c) A written plan of disposal for regulated and infectious waste must be submitted to the Department for approval prior to issuance of the Body Piercing Establishment License.

(12) Pest Control

(a) Effective measures shall be taken to protect against the entrance, or presence, or breeding of pests or rodents inside the Body Piercing Establishment.

(b) All openings into the outer air shall be effectively screened to prevent the entrance of flies.

(13) Toxic Items

Only poisonous and toxic materials that are required to maintain sanitary conditions and utilized in sterilization may be stored in the Body Piercing Establishment. These materials shall be labeled and stored in such a manner as to not constitute a hazard to clients, employees or equipment.

(14) Miscellaneous Items

(a) Only articles deemed necessary for the routine operation and maintenance of the Body Piercing Establishment shall be permitted in the Body Piercing Establishment.

(b) No live animals shall be kept or allowed in the Body Piercing Establishment except guide dogs that accompany physically disabled person(s) may be permitted.

(c) Adequate facilities shall be provided for the storage of employees' clothing and personal belongings. This storage shall not be located in the work area.

SECTION D: CERTIFICATION AND LICENSURE

(1) Exemptions

(a) Physicians and osteopathic physicians licensed by the State of Connecticut, who perform body piercing in a medical care setting as part of patient treatment are exempt from these body piercing regulations.

(b) Individuals who pierce only the lobe and/or the outer perimeter of the ear excluding the tragus with a pre-sterilized single-use stud-and-clasp ear-piercing system are exempt from these regulations. Individuals who use ear-piercing systems must conform to the manufacturer's directions on use and applicable U.S. Food and Drug Administration requirements. The Department retains authority to investigate consumer complaints relating to alleged misuse or improper disinfection of ear-piercing systems.

(2) Body Piercer Bloodborne Pathogen Certificate

(a) No person shall engage in the act of body piercing without first obtaining the Body Piercer Bloodborne Pathogen Certificate from the Department. This certificate will be presented after completion of The Naugatuck Valley Health District's Bloodborne Pathogen and Universal Precaution Seminar.

(b) Physicians, osteopathic physicians, advanced practice registered nurses rendering the service under the responsibility of a physician or osteopathic physician, a registered nurses rendering the service under the responsibility of a physician or osteopathic physician, and physician assistants rendering the service under the responsibility of a physician or osteopathic physician are exempt from obtaining the Body Piercer Bloodborne Pathogen Certificate.

(c) After successful completion of section D(1)(a), the Body Piercer shall receive a Body Piercer Bloodborne Pathogen Certificate from this Department which will be effective for one year from date of issue.

(d) In order to renew the Body Piercer Bloodborne Pathogen Certificate, the Body Piercer shall attend the Naugatuck Valley Health District's Bloodborne Pathogen and Universal Precaution Seminar on an annual basis.

(e) The fee for the Body Piercer Bloodborne Pathogen Certificate shall be a reasonable amount set by the Department. The fee must be paid in full before the certificate shall be issued.

(f) Each Body Piercer shall provide the Department with the following information in order to be issued a certificate: name, home address and home phone number of the Body Piercer and location of the establishment where the Body Piercer is employed.

(g) The Body Piercer Bloodborne Pathogen Certificate shall be posted in a prominent location where it can be observed by patrons.

(h) The Body Piercer Bloodborne Pathogen Certificate is non-transferable between persons.

(i) The Department reserves the right to waive the Body Piercer Bloodborne Pathogen Certificate requirement if the applicant has completed an equivalent bloodborne pathogen course which is approved by this Department. The applicant must submit the name of the course, date of course, location of course, contact person for course administration, course outline and certificate of completion to this department.

(3) Body Piercing Establishment Licensure

(a) No person(s) except those exempt under section D(1) of this regulation shall operate a body piercing establishment unless the establishment has received a Body Piercing Establishment License from the Department.

(b) The Body Piercing Establishment License shall be issued by the Department prior to opening and shall expire on March 1st of each year. A license issued on or after January 1st shall expire on March 1st of the following year.

(c) The fee for the Body Piercing Establishment shall be a reasonable amount set by this department. Applications and fees received after the license expiration date are subject to the addition of a late fee as specified in the fee schedule. Any applicant whose check is returned unpaid to the Director of Health shall be required to pay a returned check fee as specified in the fee schedule.

(d) In order to receive the Body Piercing Establishment License, the establishment shall meet the Body Piercing Establishment requirements of these regulations.

(e) Each applicant shall provide this department with the following information: full name(s) and address(es) of the applicant(s), and whether such applicant is an individual, firm or association, including but not limited to, any partnership, limited partnership, limited liability partnership, company, limited liability company, corporation, trust or estate, and if not an individual, the name(s) of the partners, members, officers, or if applicable, the duly authorized representative thereof, including but not limited to, a fiduciary, trustee or receiver, together with their addresses; establishment name, proposed hours of operation, names of all employees and their exact duties, complete description of services provided, exact inventory of equipment to be utilized in the body piercing procedure, name of manufacturers and suppliers of all body piercing equipment and supplies, a copy of the written aftercare instructions given to each client and a copy of the informed consent form that each client must sign.

(f) The Body Piercing Establishment License shall not be transferable between persons or establishments. Any planned change in ownership or renovation of a facility must be reported promptly to the Department and such changes must be approved by the Department prior to the issuance of an operating license.

(g) No person shall build a new facility, or extensively alter an existing facility, without first submitting written plans to the Department for approval prior to the commencement of a project.

(h) The Body Piercing Establishment License shall be displayed in a prominent location where it can be observed by patrons.

(i) The Body Piercing Establishment License may be revoked when, in the opinion of the Director of Health or authorized agent, unsanitary or other conditions, including but not limited to critical violations as described under section A(7) of this code, that constitute an immediate hazard to the public health exist.

(4) Temporary Body Piercing Establishments

(a) Body Piercers applying for a Temporary Body Piercing Establishment Licenseshall submit an application approved by the Department which provides all necessary documentation to attest to the ability of the proposed operation to substantially comply with the provisions of this document. The application must be received no later than fifteen (15) days prior to the event and must be accompanied by all applicable fees. No license shall be issued without satisfactory inspection of the temporary facility by the Department in advance of the event.

(b) The Temporary Body Piercing Establishment shall meet the requirements of the Body Piercing Establishment Licensure under the Department's Body Piercing Code.

(c) Body Piercers working at a Temporary Body Piercing Establishment shall meet the requirements of the Body Piercer Bloodborne Pathogen Certification under the Naugatuck Valley Health District Body Piercing Regulations.

(d) One person, business or corporation may not receive more than four temporary body piercing licenses each calendar year.

SECTION E: RECORDS AND COMPLIANCE

(1) Each Body Piercer shall keep permanent records for each client which shall consist of the following: name, address and telephone number of the client, the date of the body piercing, a photocopy of the legal document that certifies the client is at least eighteen (18) years of age or an emancipated minor, the area of the body that was pierced, description of the jewelry inserted, a photocopy of the written aftercare instructions of the body piercing and a release form signed by the client that these records are accurate. Permanent records for each emancipated minor must contain photographic identification and a photocopy of the legal document declaring the client an emancipated minor.

(2) No person shall body pierce an unemancipated minor under eighteen (18) years of age without the permission of the parent or guardian of such minor. This permission must be a signed release form by either parent or guardian. Photographic identification of the parent or guardian must be obtained by the Body Piercer. A photocopy of the photographic identification shall be included in the client's permanent records.

(3) The client shall sign an informed consent waiver. A photocopy of this waiver must remain as part of the client's permanent record. The informed consent waiver shall be approved by the Department prior to the issuance of a Body Piercing Establishment License. The informed consent waiver must include, but is not limited to, the following information: nature of the procedure, reasonably foreseeable risks of the procedure, description of the equipment utilized in the procedure and sterilization techniques, sizing of the jewelry, and an explanation of the jewelry removal procedure. The client shall have the opportunity to ask questions and understand the contents of the informed consent to his/her satisfaction.

(4) The Body Piercing Establishment shall keep written records of maintenance and sanitation of operating equipment, including repairs of autoclaves and ultrasonic devices.

(5) The Body Piercing Establishment shall maintain written records of biological monitoring of sterilization devices conducted monthly, including spore test reports prepared by an independent testing agency approved by the Dept.

(6) The Body Piercing Establishment shall maintain written records of hepatitis B vaccination for each employed Body Piercer or other employee who may come in contact with bloodborne pathogens. An employee may refuse vaccination for hepatitis B, but a signed statement attesting to his/her refusal must be part of his/her record.

(7) The records must be maintained for two years and are to be made available to the Department upon request. All records and signatures shall be written in ink. Failure to maintain proper records shall result in suspension or revocation of the operating license.

SECTION F: BODY PIERCING PROCEDURES

(1) Skin Preparation

(a) Only healthy, intact body parts may be body pierced.

(b) If shaving of the skin where the piercing is to occur is required, only single use razors shall be used. New razors for each client shall be used and disposed of after each use.

(c) The area of skin to be pierced shall first be washed with an antibacterial soap and hot water. The skin must be prepared for not less than forty-five (45) seconds with a povodine-iodine solution prior to all piercings. A seventy percent (70%) alcohol solution, applied for ninety (90) seconds, may be used as an alternative for clients sensitive to povodine-iodine.

(d) No person other than a licensed physician, dentist, or doctor of osteopathy shall employ the use of federally controlled substances, including topical, oral, parenteral or inhaled anesthetics, while providing body piercing procedures.

(e) All solutions applied to the skin shall be allowed to air dry.

(f) Prior to all oral piercing, the client must rinse with an anti-bacterial mouthwash for at least sixty (60) seconds.

(g) All preparation solutions shall be applied in a sanitary manner. All cotton balls, swabs or other applicators shall be single use.

(h) Only single use toothpicks may be used for marking in oral piercings.

(i) The use of styptic pencils and alum blockers is prohibited.

(j) Medical grade anti-coagulants may be used but must first be approved by the Department.

(k) Scarification, including but not limited to, branding, cuttings and general scarification other than those procedures described in the body piercing and tattooing codes of the Naugatuck Valley Health District, is prohibited.

(2) Jewelry Requirements

(a) Jewelry to be placed in the client must be of good quality, corrosion resistant, free of scratches or cut and designed for use in body piercing. White or Yellow Gold, other than solid 14K or 18K, silver or other corrosive metal plated jewelry is prohibited.

(b) All jewelry shall be sterilized, by either the manufacturer or the body piercing establishment, prior to use on the client.

(c) After sterilization, all packages containing jewelry shall be kept in a sanitary manner and dated.

(d) Jewelry worn by a person other than the client shall be sterilized prior to use.

(3) Body Piercing Needles and Equipment

(a) No person shall perform an ear-piercing procedure with an ear-piercing instrument unless the ear piercing instrument utilizes a single-use stud-and-clasp ear piercing system. Under no circumstances may an ear-piercing instrument be used on any body part other than the lobe and/or outer perimeter of the ear excluding the tragus.

(b) All body piercing needles are for single use only and shall be sterilized and dated prior to use.

(c) To resist temptation to reuse needles, a minimum of twenty-five (25) ready to use sterilized and dated needles shall be provided at the Body Piercing Establishment at all times.

(d) After each use the piercing needle shall be disposed of in accordance with the Regulated and Infectious Waste requirements of these regulations.

(e) All instruments to be used during the body piercing procedure which will come in contact with a body or bodily fluids, including but not limited to, thimbles, nail clippers, hairclips, scissors, pliers, files, forceps, needle holders, clothespins and insertion tapers must be sterilized and kept in a sterile manner prior to use.

(f) Corks, rubber bands and other items that cannot be sterilized must be kept in a sanitary manner prior to use and be single use only.

(4) Body Piercers' Responsibilities

(a) Prior to the body piercing procedure, the Body Piercer shall wash his or her hands and any exposed areas of the arms by lathering with an antibacterial soap for at least twenty (20) seconds, rinsing under hot water and then drying with a single use disposable towel.

(b) Sterile technique shall be practiced throughout the body piercing procedure.

(c) Disposable, single use, sterile examination gloves shall be worn throughout the body piercing procedure.

(d) Gloves shall be changed if they become contaminated during the piercing.

(e) Outer garments worn by the Body Piercer shall be kept clean.

(f) The use of tobacco in the work area by either the Body Piercer or client, is prohibited. The use of tobacco shall be limited to areas physically removed from the work area.

(g) The consumption of food or drink, by either the Body Piercer or client while in the work area is prohibited. The consumption of food or drink shall be limited to areas physically removed from the work area.

(h) The Body Piercer shall discuss with the clients the options regarding the sizing of jewelry based on body parts and types.

(5) Sterilization

(a) In every Body Piercing Establishment a steam sterilizer which meets the requirements of the United States Food and Drug Administration shall be provided. Chemical sterilizers or alternate sterilizers or alternate methods of sterilization may only be used upon prior approval from the Department.

(b) In every Body Piercing Establishment an ultrasonic cleaner that is resistant to chemical spills and cracking, constructed of stainless steel and capable of uniform cleaning of equipment shall be provided.

(c) All equipment to be sterilized must be cleaned in the ultrasonic cleaner according to the manufacturer's recommendations, then packaged in individual peel packs, arranged in the autoclave in accordance with the manufacturer's recommendations and then sterilized for twenty (20) minutes at fifteen point nine (15.9) pounds pressure at a minimum temperature of two hundred fifty (250) degrees Fahrenheit. A temperature sensitive autoclave tape shall be included in every load that is placed in the autoclave. This tape shall indicate that the requirements of this section have been attained before use of the equipment sterilized.

(d) A test with a biological monitoring system that is processed through a licensed laboratory shall be conducted monthly to insure the sterility of the autoclave. The Department must be notified within forty-eight (48) hours of receipt of test that indicates non-sterile conditions.

(e) Packages shall be dated with the month, day and year they were sterilized. Sterilized equipment shall be used within eight (8) months of the sterilization date.

(f) All equipment shall remain in the sterilized packages and stored in a sanitary manner until the time of the body piercing. All packages containing sterilized equipment must be opened, and handled with sterile technique. These packages shall be opened in front of the client.

(6) After Care of the Piercing

(a) The Body Piercer shall explain the aftercare instructions to each client prior upon completion of the piercing.

(b) The Body Piercer shall inform clients that latex barriers are recommended whenever the client will be placing their piercing into the body or bodily fluids of another person.

SECTION G: NEEDLESTICKS

(1) Each Body Piercing Establishment shall have a written protocol for needlestick accidents. This protocol shall include but is not limited to treatment of the area and reporting the needlestick to a physician for further evaluation.

(2) This written protocol shall be submitted for approval to the Department at the time of application for the Body Piercing Establishment License.

SECTION H: PENALTIES

(1) Suspension and Revocation

(a) The Director of Health may revoke the license of any person for serious or repeated violations of the provisions of this code including, but not limited to, critical violations as described in Section A. Written notice of intent to revoke the license, setting forth the violation(s), shall be delivered to the licensee at his/her establishment ten (10) days prior to such revocation. The licensee may file a request for a hearing with the Director of Health within two (2) business days of receiving notice of intent to revoke the license. If no request for a hearing is filed within two (2) business days the revocation of the license becomes final. A license may be suspended for cause pending its revocation or a hearing relative hereto.

(b) The Director of Health may suspend the license of any person, Body Piercing Establishment or Temporary Body Piercing Establishment if the business or Body Piercer has made any material misrepresentation to the Department, does not meet or no longer meets, or has a history of non-compliance with the requirements of the applicable sections of this document or of the Connecticut Public Health Code. The license holder operator shall be notified in writing that the license is, upon service of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Director of Health by the license holder within two (2) business days following the service of such notice.

(c) Hearings provided for by this ordinance shall be conducted by the Director of Health at a time and place designated by the Director. Hearings will be conducted within five (5) days of receipt of a request for same. A written report of the hearing decision shall be furnished to the license holder by the Director of Health.

(d) A suspended license will be reinstated when an inspection made by the Department reveals that the conditions causing suspension of the license have been corrected. The inspection will be conducted within ten (10) days of a written request for license reinstatement indicating how each of the conditions, which caused the suspension, have been corrected and shall be signed by the license holder.

SECTION I: UNCONSTITUTIONALITY CLAUSE

Should any section, paragraph, sentence, clause or phrase of this code be declared unconstitutional or invalid for any reason, the remainder of said code shall not be affected thereby.

SECTION J: CONLICT OF REGULATIONS

In any case where a provision of this code is found to be in conflict with a regulation of the State Department of Public Health or any other state law or regulation, on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

SECTION K: EFFECTIVE DATE

This code shall be effective January 8, 1999.