Section 229.402 - DefinitionsThe following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Tattoo and Certain Body Piercing Studio Act, Texas Health and Safety Code, Chapter 146.(2) Antiseptic--An agent that kills disease-causing microorganisms on human skin or mucosa.(3) Artist--A person who performs tattooing, permanent cosmetics, and or certain body piercing, and who is responsible for complying with the provisions of these sections.(4) Aseptic technique--A hygienic practice which prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.(5) Authorized agent--An employee of the department designated by the commissioner to enforce the Act.(6) Body piercer--A person who performs body piercing and who is responsible for adherence to the provisions of these sections; hereafter referred to as artist.(7) Body piercing--The creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration.(8) Body piercing studio--A permanent, nondwelling building or portion of a building, designated by a license holder and located in accordance with applicable local zoning codes where body piercing is performed, completely separated from living quarters; hereafter referred to as studio.(9) Client--A person requesting the application of a tattoo or certain body piercing.(10) Commissioner--Commissioner of Health or his successor.(11) Contaminated waste--Any 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 and other potentially infectious material, as defined in 29 Code of Federal Regulations, Part 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens". Copies of this provision are indexed and filed at the department, located at 1100 West 49th Street, Austin, Texas 78756, and are available for inspection during normal working hours.(12) Cosmetic--An article or substance intended to be rubbed, poured, sprinkled, or sprayed on or introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering appearances; or an article or substance for use as a component of such an article, except that the term does not include soap.(13) Department--The Department of State Health Services.(14) Disinfectant--An agent that kills disease-causing microorganisms on inanimate objects or surfaces.(15) Ear piercing--The creation of an opening in an individual's ear lobe with an ear piercing gun to insert jewelry or other decoration.(16) Ear piercing gun--A device that pierces an individual's ear using a single-use stud and clasp ear piercing system. An ear piercing gun shall not be used to pierce any other part of the body besides the ear.(17) Germicidal Solution--An agent that kills disease-causing microorganisms on hard surfaces; a disinfectant or sanitizer registered with the Environmental Protection Agency and/or a 1:100 dilution of 5.25% sodium hypochlorite (household chlorine bleach) and water, made fresh daily, dispensed from a spray bottle, and used to decontaminate inanimate objects and surfaces.(18) Germicidal soap--An agent designed for use on the skin that kills disease-causing microorganisms, including but not limited to, products containing povidone-iodine, chloroxylenol, triclosan, and chlorhexidine gluconate.(19) Gloves--Disposable, single use gloves labeled for surgical or examination purposes.(20) Hand washing facility--Sink equipped with hot and cold or tempered running water under pressure, used for washing hands, arms, or other portions of the body.(21) Health care practitioner--A person licensed by the state to practice medicine.(22) Instruments--Hand pieces, needles, needle bars, hemostats, forceps, pliers, and other items that may come in contact with a client's body or possible exposure to bodily fluids during the tattoo and body piercing procedures.(23) Jewelry--Any personal ornament inserted into a pierced area, which must be made of surgical implant grade stainless steel (minimum of 316L or 316LVM), solid 14k or 18k gold, niobium, titanium (minimum of 6A14V), platinum, or a dense, low porosity plastic approved by the manufacturer for use in new piercings, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.(24) License holder--A person 18 years or older who owns, operates, or maintains a tattoo studio, tattoo and body piercing studio or temporary location in compliance with these sections.(25) Managing conservator--A person, licensed child-placing agency, or authorized agency designated by a court as having the right to possession of the child, and the right to consent to medical, surgical, dental, and psychological treatment of the child.(26) Sanitize--To treat a clean surface and kill pathogenic microorganisms.(27) Sharps--Any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, needles, scalpel blades, and razor blades.(28) Sharps container--A puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.(29) Single-use--Articles intended for one-time, one-person use and which are to be discarded after such use.(30) Sterilization area--A separate room or area separate from workstations with restricted client access in which tattoo and body piercing instruments and jewelry are cleaned, disinfected, and sterilized.(31) Tattoo/tattooing--The practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related devices including permanent cosmetics. The term includes the application of permanent cosmetics.(32) Tattoo and body piercing area--The portion of the tattoo or body piercing studio used for applying tattoos or performing body piercing, including surrounding areas which are likely to come into contact with contaminated waste.(33) Tattooist--A person who performs tattooing or applies permanent cosmetics and who is responsible for adherence to the provisions of these sections; hereafter referred to as artist.(34) Tattoo Studio--A permanent, nondwelling building or portion of a building, designated by a license holder and located in accordance with applicable zoning codes where tattooing or permanent cosmetic application is performed, completely separated from living quarters; hereafter referred to as studio.(35) Temporary location--A location at which tattooing or body piercing is performed for a specified length of time of not more than seven days in conjunction with a single event.(36) Tongue splitting--Cutting of a human tongue into two or more parts.(37) Universal precautions--A method of infection control in which employees treat all blood and body fluids as to contain all bloodborne pathogens and taking proper precautions to prevent the spread of any bloodborne pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.(38) Waterless hand sanitizers--Sanitizers, approved by the United States Food and Drug Administration, approved for use on the hands to kill microorganisms that do not require the addition of water to be effective.25 Tex. Admin. Code § 229.402
The provisions of this §229.402 adopted to be effective April 23, 2000, 25 TexReg 3272; amended to be effective January 1, 2005, 29 TexReg 11982