Statement of Scope
Department of
Health Services
(DHS)
Rule No.
:
|
Chapter
s
DHS
1
73
and 140
|
Relating to
:
|
Tattooing and Body Piercing
|
1. Finding/nature of emergency (Emergency Rule only):
N/A
2
.
Detailed description of the objective of the
proposed
rule
:
2015 Wisconsin Act 55
transferred responsibility for
regulating
tattoo and body piercing practitioners and establishments
from the Department of Health Services (DHS) to the Department of Safety and Professional Services (DSPS), effective January 1, 2016.
The department proposes modifying DHS
173
,
Tattooing and Body Piercing,
to
align the rule with DSPS’s licensing and other administrative processe
s
and establish
procedures for contracting with local health agents
to inspect tattoo and body piercing establishments
. The proposed revision will also
modernize the rule
, as needed,
to reflect current practice
for
protecting public health in tattoo and body piercing establishments
.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
DHS 17
3
establishes licensing and
enforcement provisions for tattoo and body piercing establishments
, including preinspection, routine inspection and reinspection requirements. The rule includes
standards
of practice
for tattooists and body piercers,
hygienic practices, equipment
sanitation
and facility
requirements for tattoo and body-piercing establishments.
Wisconsin state law (s.252.245, Stats.)
also allows the department to contract with local health agent
s
to inspect tattoo and body-piercing establishments.
The department is
require
d
to
conduct an annual
evaluat
ion of
the licensing, investigation
,
and inspection
practices
of any local health agent
under
contract
with the department
to inspect
t
attoo and body piercing
establishments.
DHS 17
3
has remained substantially unchanged since it was first adopted in 1998.
2015 Wisconsin Act 55
transfer
s
responsibility for administering the tattooing and body piercing program from DHS to DSPS
effective January 1, 2016.
It also authorize
d
DSPS to contract with local health agents to inspect tattoo and body-piercing establishments. Approval of this scope statement will allow DHS and DSPS, working in consultation with industry representatives and public health officials, to begin to review and revise
DHS 173, along with sections of
DHS
140
that
relat
e
to contracting with local health agents to inspect tattoo and body piercing establishments,
prior to the program’s transfer
.
If the rule
is
not
updated
,
it
will contain references that are
in
consistent with DSPS administrative processes
, potentially causing confusion for
Wisconsin’s
ta
ttooing and body piercing
industry
and
for
local health agents who
currently
contract
with DHS
to inspect tattoo and body piercing establishments
.
Without revision, t
he
rule
also
may
not reflect current practice for protecting public health and safety
in
tattoo and body piercing
facilities.
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
The department has authority for promulgating rules related to ta
ttoo and body piercing establishments
under ss.
252.23
(4
)
and
252.24
(4)
,Stats.
, as follows:
252.23
(4)- Regulation of tattooists.
252.23 (4)
Rule making
. The department shall promulgate all of the following as rules:
(a) Except as provided in ss.
250.041
and
252.241
and subject to sub. (4m), standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section. The department may not promulgate a rule that imposes a fee for a license under sub. (3) on an individual who is eligible for the veterans fee waiver program under s.
45.44
.
(b) Standards for the performance of tattoos by a licensed tattooist and for the maintenance of a licensed tattoo establishment, which will promote safe and adequate care and treatment for individuals who receive tattoos and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.
252.24
(4)
Regulation of body piercing and body-piercing establishments.
252.24 (4)
Rule making.
The department shall promulgate all of the following as rules:
(a)
Except as provided in ss.
250.041
and
252.241
and subject to sub.
(4m)
, standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section. The department may not promulgate a rule under which the department may charge an individual who is eligible for the veterans fee waiver program under s.
45.44
a fee to obtain a license under sub.
(3)
.
(b)
Standards for the performance of body piercing by a licensed body piercer and for the maintenance of a licensed body-piercing establishment, which will promote safe and adequate care and treatment for individuals who receive body piercing and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
240
hours.
6
.
List with description of all entities that
may
be affected by the proposed rule
:
The proposed rule
revision
will
benefit
ta
ttoo and body piercing establishment
owner
s
and
operators
by ensuring the rule reflects appropriate licensing and administrative procedures. It will
benefit
consumers by ensuring the rule reflects current
practices protecting public health in tattoo and body piercing establishments
.
7
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
There are no federal regulations governing tattooing or body piercing practices.
8
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
:
This rule
is not anticipated to
result in revisions that will
have a
negative
economic impact
on business
. It will
not have a significant economic impact
on small businesses.
Contact
s
:
Jim Kaplanek, Chief, Food Safety and Recreational Licensing, Department of Health Services
(
608
)
261-8361
