§ 4103. Director; function; Commissioner of Health; rules

(a) The Director shall administer the requirements of this chapter and shall:

(1) Provide general information to applicants for licensure as an operator.

(2) Collect fees as provided under this chapter.

(3) Explain appeal procedures to licensed operators and applicants and complaint procedures to the public.

(4) Receive applications for licensure, license applicants pursuant to this chapter, renew licenses, and revoke, reinstate, or condition licenses as ordered by an administrative law officer.

(5) Refer all disciplinary matters to an administrative law officer.

(b) The Director, after consultation with the Commissioner of Health, shall adopt rules relating to infection control procedures and public health practices to be followed in the practice of tattooing, permanent cosmetics, and body piercing in order to protect the public from communicable diseases. The Commissioner shall also recommend standards of sanitation and sterilization for shops, including standards relating to separate areas and equipment for tattooing and body piercing and recommendations on the use of ear-piercing guns.

(c) The Director may adopt rules necessary to perform his or her duties pursuant to this chapter. These rules may include provisions governing the supervision and temporary licensure of tattoo artists, body piercers, and permanent cosmetologists, as may be necessary to allow this State to be a venue for appropriately regulated special events such as conventions, festivals, or professional conferences.

(d) The Director may inspect shops used for the practice of tattooing, permanent cosmetics, or body piercing. No fee shall be charged for initial inspections under this subsection; however, if the Director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged. The Director may waive all or a part of the reinspection fee in accordance with criteria established by rule. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 39; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2007, No. 163 (Adj. Sess.), § 35; 2017, No. 48, § 29.)