10/04/1995
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Dr. Spiro J. Macris, Chairman, called the regular business meeting of the New Hanover
County Board of Health (NHCBH) to order at 8:00 a.m. on Wednesday, October 4, 1995,
in the Carl Thomas Durham Auditorium, New Hanover County Health Department,
Wilmington, North Carolina.
Members Present:
Spiro J. Macris, DDS, Chairman
Mary Lou Alford, RN
Thomas V. Clancy, MD
John M. Coble
Mary King Dean
W. Keith Elmore, RPH
Robert G. Greer
Mark A. Veenstra, PE
Estelle G. Whitted, RN
Members Absent:
Dennis L. Jackson, DVM, Vice-Chairman
Edward L. Paul Jr., 00
Others Present:
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Robert S. (Bob) Parker, Health Director
Frances F. De Vane, Recording Secretary
Invocation:
Mr. Parker gave the invocation.
Minutes:
Dr. Macris called for corrections to the minutes of September 6, 1995. The minutes were
approved.
Recognitions:
Guests:
Dr. Macris welcomed Past Board of Health Chairmen Donald P. Blake, Michael E. Goins,
00, and Jim Strickland; Community Nursing Students, University of North Carolina at
Wilmington (UNCW); and Ms. Janet Tate, Graduate Student Nurse, East Carolina
University.
New Emplovees
I Dr. Macris introduced the following new health department employees:
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Jenny Gore, Shelter Attendant, Animal Control Services
Mania Swart, Public Health Nurse, Community Health
Ellen D. Rivet, Public Health Nurse, Women's Health Care
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Years of Service
Twentv (20) Years
Eleanor (Beth) W. Jones, Director, Communicable Disease
N.C. Public Health Awards
Mr. Parker announced that health department staff, the NHCHD, and associated health
groups received prestigious awards at the North Carolina Public Health Association
(NCPHA) Annual Meeting held September 13 - 15, 1995, in Research Triangle Park,
North Carolina.
Dr. Macris and Mr. Parker recognized and congratulated award recipients and displayed
award plagues given to the following:
1. Betsy Summey, Physician Extender, NHCHD, Citation of Merit, NCPHA
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Betsy Summey, Physician Extender, NHCHD, Direct Service Award, Nursing
Section, NCPHA
Beth Jones, Communicable Disease Director, NHCHD, Maraaret B. Dolan
Award, Nursing Section, NCPHA
4. New Hanover County Healthy Carolinians Committee, Outstandina
Achievement Award, Maternal & Child Health Section, NCPHA
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3.
5. Kim C. Sykes, Medical Office Assistant, NHCHD, Glaxo Child Health
Recoanition Honorable Mention. Public Health Staff RecoQnition Award
6. Frank R. Reynolds, M.D., Pediatrician & NHCHD Medical Consultant, Glaxo
Child Health Recoanition Award - Individual. Recoanition Award
7. North Carolina National Guard, Norton Group Award, NCPHA
8. New Hanover County Health Department, Public Health Month Award, NCPHA
Department Focal:
Mr. Parker presented a video on the 1995 Glaxo Child Health Recognition Awards
Presentation featuring Dr. Frank Reynolds, Kim C. Sykes, Brunswick County Health
Department, and other award wining health departments and health care providers.
Mr. Parker commended Dr. Frank Reynolds, recipient of the 1995 Glaxo Child Health
Recoanition Award - Individual Recoanition Award for 50 years of Public Health and I
health care services in New Hanover County. Ms. Sykes obtained honorable mention
in the Glaxo Child Health Recoanition Award.
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Dr. Macris complimented Mr. Parker and staff for their cumulative leadership, excellent
performance, and for receipt of these impressive achievement awards. He expressed
his appreciation to the New Hanoyer County Board of County Commissioners and the
Board of Health for their continued support of staff and promotion of Public Health.
Committee Reports:
Unfinished Business:
New Hanover County Smokina Control Reaulation (SCR)
Mr. Parker informed the Board that due to current complaints and violations of the New
Hanover County SCR, health department officials are planning to obtain warrants for
reported violators. He stated violators of the smoking ban have receiyed warnings of
their disregard of the SCR.
Mr. Kemp Burpeau, Assistant County Attorney, explained to the Board that the SCR,
effective January 1, 1995, prohibits smoking in all public places except bingo parlors,
bars, retail tobacco stores and private clubs. He advised the Board that violation of
these regulations is a misdemeanor with a 30-day jail sentence and a fine not greater
than $500 which is at the judge's discretion. Mr. Burpeau summarized the citation
process.
It was the consensus of the Board of Health for Mr. Parker to proceed with issuing
warrants for the enforcement of the New Hanover County SCR.
Tattoo Rules
Mr. Parker presented a draft of the New Hanover County Board of Health Rules
Governinq Tattooinq Establishments in New Hanover County. North Carolina which
would-require licensed tattoo artists to complete approved educational requirements for
invasive procedures. He explained that the existing Requlations Governinq Tattoo
Parlors adopted, September 10, 1980, need to be repealed and advertised ten days
prior to the November 8, 1995 Board of Health meeting, before the proposed tattoo
regulations may be considered for adoption by the Board.
It was the consensus of the Board of Health to repeal the existing Requlations
Governinq Tattoo Parlors (adopted September 10, 1980) and to consider adopting the
Rules Governinq Tattooinq Establishments in New Hanover County. North Carolina at
the November 8, 1995 Board of Health meeting.
Jail Sick Call IPreliminarv Report)
Ms. Betty Creech, Community Health Director, reported that sick calls at the New
Hanover County Jail have decreased 59% since the September 11, 1995
implementation of the Jail Inmate Co-payment for Medical Services Program. A $10
fee is charged to inmates for non-emergency medical or dental visits. No inmate is
denied medical care if they cannot pay.
"Pull The Plua On Media Violence"
Ms. Denise Houghton, Health Promotions Director, reported the upull The Plug On
Media Violence" Campaign formed a New Hanover Coalition to focus on generating
parental awareness of television violence. October is "Pull The Plug On Media
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Violence" Month. On October 24, 1995, a special program on media violence will be
presented at the New Hanover County Health Department. Dr. Bob Toplin, UNCW I
Professor and former Board of Education member, will be a guest speaker.
New Business:
Childhood Iniurv Prevention Proposal ($2.500)
Ms. Denise Houghton, Health Promotions Director, presented a request to the Board
for their endorsement of a Childhood Injury Prevention Proposal ($2,500) funded by the
Injury Prevention Branch, North Carolina Department Environment, Health and Natural
Resources. This project includes a mass media campaign entitled uNever Shake A
Baby, designed to create public awareness of the dangers of shaking babies and to
take action to prevent its occurrence.
MOTION: Dr. Clancy moved for the Board of Health to endorse and to recommend
the approval of the Childhood Injury Prevention Proposal ($2,500) to the New Hanover
County Commissioners. Upon vote, the MOTION CARRIED.
Comments:
Board Members
Dr. Clancy requested that Mr. Parker investigate the issue of concealed handguns and
report to the Board.
Mr. Coble announced on November 11, 1995, the Board of Directors, Association of
North Carolina Boards of Health, will meet at Shell Island Resort, Wrightsville Beach,
North Carolina. On November 10, 1995, a reception for the Board of Directors will be
held at Trails End Steak House.
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Mr. Greer stated he hopes the problems at Animal Control have been corrected
regarding the dog/cat tags licensing including rabies vaccinations. Mr. Parker
explained that Animal Control Services is not notified of deceased dogs/cats. The need
for an answering machine or voice mail at Animal Control Services was discussed. Mr.
Coble and Dr. Macris agreed these needs should be evaluated.
Health Director
United Way Campaian
Mr. Parker announced Susan O'Brien, Laboratory Director, and Monique Simon,
Medical Laboratory Assistant, will Co-Chair the NHCHD United Way Campaign. He
invited the Board to participate in the campaign.
Public Health Celebration Luncheon. Wednesday. October 11. 1995
Mr. Parker invited the Board to attend the Public Health Celebration Luncheon at 11 :45
a.m. on Wednesday, October 11,1995. Dr. Ronald H. Levine, State Health Director, is I
to present the North Carolina Public Health Month Award for Outstandinq Achievement
to the NHCHD staff.
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Board of Health Trainina - Tuesday. October 10. 1995
The Boards of Health training session, uThe Image of Public Health," will be held at
6:30 p.m. (Dinner), 7:25 p.m. (Program), in Rooms C & 0, Coastal Area Health
Education Center.
New Hanover County Commissioners Approve Clerical Specialist I Position
Mr. Parker reported that the New Hanover County Commissioners approved one
additional full-time Clerical Specialist I position for the Laboratory and Communicable
Disease Divisions.
Board of Health Meetina Date Chanaed - November 1 to November 8
Mr. Parker reminded the Board that the date of their regular November Board of Health
meeting has been rescheduled from November 1 to November 8, 1995. Mr. Parker,
Member of the American Public Health Association (APHA) Governing Board, will
attend the Annual APHA Meeting.
"Work First" Governor Jim Hunt's Welfare Reform Proaram
Mr. Parker distributed information to the Board on Governor Hunt's Welfare Reform
Program.
Flu Shots
Flu injections will be given at the health department from 9:00 a.m. to 1 :00 p.m. on
Saturday, October 14; from 12 Noon to 3:00 p.m. on Sunday, October 15; and on
weekdays from 8:15 a.m. to 11 :30 a.m. and from 1 :00 p.m. to 4:15 p.m. A fee of $10 is
charged.
Adjournment:
There being no further business, the regular meeting of the Board of Health was
adjourned at 9:15 a.m.
<@h~~(Wn; 0
~.~~~:~a~, ~Dr;:rman
(5J[i1B(51
Robert S. (Bob) Parker, Health Director
New Hanover County Health Department
Approved:
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NEW HANOVER COUNTY
BOARD OF HEALTH
RULES GOVERNING TATTOOING ESTABLISHMENTS
IN
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NEW HANOVER COUNTY
NORTH CAROLINA
EFFECTIVE NOVEMBER 8, 1995
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Table Of Contents
Section
Page
6000 PURPOSE................................... 3
6001 GENERAL PROVISIONS
(a) Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
(b) Conflict................................. 3
( c) Permits And Inspections . . . . . . . . . . . . . . . . . . . . . . . 3
6002 DEFINITIONS ................................ 3
6003 FEES AND PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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6004 STANDARDS OF CONSTRUCTION AND OPERATION. . . . . . . . 6
6005 RIGHT OF ENTRY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6006 APPEALS PROCEDURE
(a) Directo r ................................ 6
(b) Board Of Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6007 REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6008 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6009 EFFECTIVE DATE ............................. 7
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Section 6000 Purpose
To establish standards for the training of any person who engages in the practice or
business of tattooing so as to minimize the risk of disease transmission, the New Hanover
County Board Of Health declares that the following rules for protection of the public
health are hereby adopted pursuant to authority granted by Chapter 130A Section 39 of
the North Carolina General Statutes, and shall apply throughout New Hanover County,
North Carolina.
Section 6001 General Provisions
(a) Scope No person shall operate, or cause to be operated any tattoo establishment
contrary to the provisions of these Rules. These Rules supersede regulations,
requirements, rules and standards relative to the practice or business of tattooing
previously adopted by the Board Of Health.
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(b) Conflict The provisions of any federal, state or municipal law, ordinance,
regulation or rule establishing requirements and standards affording greater protection
to the public health, safety and welfare shall prevail within the jurisdiction of such agency
or municipality over requirements and standards established by these Rules.
(c) Permits And Inspections Prior to engaging in the practice or business of tattooing
a person shall make application to the Department, attend and successfully complete the
tattoo artist course, and obtain a tattooing permit from the Department. A permit may
not be issued to an artist until the tattoo establishment where he (she) proposes to practice
has been inspected and found to conform with these Rules. The Department shall conduct
inspections of new tattoo establishments as soon as practicable after receipt of an
application for a tattooing permit and notification of the proposed business operation.
The Department shall conduct inspections of existing tattoo establishments as frequently
as necessary to verify conformance with these Rules.
Section 6002 Definitions
The following definitions shall apply in the interpretation and enforcement of these Rules:
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Blood and body fluid precautions means a ,method of infection control in which all human
blood and body fluids are treated as if known to be infectious for human
immunodeficiency virus (HIV), hepatitis B virus (HBV), and other infections that can be
transmitted by contact with blood.
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Board Of Health means the New Hanover County Board Of Health.
Department means the New Hanover County Health Department or its authorized
representative.
Director means the Director ofthe New Hanover County Health Department or his (her)
authorized representative.
Sharps means any objects that can penetrate the skin including, but not limited to,
needles, razor blades, scalpels, and broken capillary tubes.
Sterilize means the approved microbicidal treatment by a process which provides enough
accumulative heat or concentration of chemicals for a length of time sufficient to eliminate
the microbial count, including pathogens.
Tattooing means the inserting of permanent markings or coloration, or the producing of
scars, upon or under human skin through puncturing by use of a needle or any other
method.
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Tattoo artist means any person 18 years of age or older who engages in tattooing.
Tattoo artist course means a structured program of study providing training in at least
the following topics: hygiene, sterilization techniques including autoclave operation,
hazardous waste handling and disposal, and first aid.
Tattoo establishment means any location where tattooing is engaged in or where the
business of tattooing is conducted or any part thereof. The term "tattoo parlor" falls
within this definition.
Tattooing room means a room in the tattoo establishment where tattooing is performed.
Section 6003 Fees And Permits
(a) No person shall engage in the practice or business of tattooing without first
obtaining a tattooing permit from the Department.
(b) Application for a tattooing permit shall be submitted to the Director and shall
include at least the following information:
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(1)
name of tattoo artist;
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(2)
(3)
(4)
(5)
(6)
mailing address of tattoo artist;
name of tattoo establishment;
street address of tattoo establishment;
anticipated date of commencing operation; and,
signature of tattoo artist.
(c) Any additional information requested to verify compliance with 15A NCAC 18A
(Tattooing) and these Rules shall be submitted to the Director either with the permit
application or promptly thereafter within a reasonable period of time.
(d) An application fee established by the Board Of Health is payable at the time of
initial application and, thereafter, at the time of application for renewal of an existing
tattooing permit.
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(e) A course for tattoo artists and tattoo business operators, hereinafter referred to
as the tattoo artist course, providing training in at least the following topics: hygiene,
sterilization techniques including autoclave operation, hazardous waste handling and
disposal, and first aid shall be made available through the Department or through a
private provider such as a contracted registered surgical nurse with expertise in
sterilization techniques and procedures. Successful completion of this course shall be
determined by the administration of a written examination by the instructor. Participants
with a score of at least seventy percent (70%) on the written examination shall be rated
as passing and, therefore, successful in completing the tattoo artist course. The Director
shall periodically review the content of instru~tion and the written examination offered
in the tattoo artist course to assure that it fulfills the objectives and standards established
by adoption of these Rules.
(f) The Director shall notify applicants within thirty (30) calendar days after receipt
of their initial application of scheduled dates/times for the tattoo artist course. Applicants
shall give notice to the Director at least seven (7) calendar days prior to the beginning of
the tattoo artist course of their plans to attend and participate in a scheduled course.
(g) No tattooing permit shall be issued to a person until he (she) attends and
successfully completes the tattoo artist course, and until an inspection by the Department
verifies compliance with 15A NCAC 18A (Tattooing) and these Rules. Artists shall attend
and successfully complete the tattoo artist course at least biannually [every two (2) years]
and prior to filing application for renewal of their tattooing permit.
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(h) If an applicant fully complies with these Rules and all other pertinent laws, rules
and standards, then he (she) may work as a tattoo artist in a permitted tattoo
establishment under the supervision of a permitted and trained tattoo artist until the next
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tattoo artist course is offered. A trained tattoo artist shall be interpreted to mean a tattoo
artist that has attended and successfully completed the program of study mandated by
these Rules, the tattoo artist course, within the previous two (2) years. The next tattoo
artist course shall be interpreted to mean the first course scheduled by or through the
Department after the date of application for or application for renewal of a tattooing
permit.
(i) Tattooing permits shall be issued in the name of the individual tattoo artist, shall
list the address of the tattoo establishment where the artist will practice, shall not be
transferable to another person or place of practice, and shall expire one (1) year from the
date of issue.
(j) Application for renewal of a tattooing permit along with a renewal fee established
by the Board Of Health shall be submitted to the Director at least thirty (30) days prior
to the expiration date.
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(k) Upon determination of willful violation of these Rules, a tattooing permit shall be
subject to revocation by the Director. Reissue of a revoked tattooing permit shall only be
done in accordance with specific conditions and procedures prescribed by the Board Of
Health.
Section 6004 Standards Of Construction And Operation
(a) Tattoo establishments shall conform to the standards of construction established
in and to any future amendments of 15A NCAC 18A (Tattooing).
(b) Tattoo establishments shall conform to the standards of operation and maintenance
established in and to any future amendments of 15A NCAC 18A (Tattooing).
Section 6005 Right Of Entry
Pursuant to authority granted by North Carolina General Statute 130A Section 17, the
Department shall have the right to enter upon the premises of any property for the
purpose of conducting an inspection and determining compliance with these Rules.
Section 6006 Appeals Procedure
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(a)
Director Appeals concerning interpretation and enforcement of these Rules shall
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be made by written petition to the Director and shall be made within fifteen (15) days of
the challenged action. The Director may require the appellant to submit such information
as deemed necessary to make a decision concerning interpretation and enforcement. The
Director shall respond to affirm, modify or reverse the challenged action. When granting
variance from these Rules, the Director may impose such conditions as deemed necessary
to protect the public health.
(b) Board Of Health Appeals concerning decisions of the Director shall be made by
written petition to the Board Of Health and shall be made within fifteen (15) days of the
challenged action. The Board Of Health shall conduct a hearing within forty-five (45)
days after receipt of an appeal petition and shall give the appellant not less than fifteen
(15) days notice of the date, time and place of the hearing. The Board Of Health shall
respond to affirm, modify or reverse the challenged action. When granting variance from
these Rules, the Board Of Health may impose such conditions as deemed necessary to
protect the public health.
Section 6007 Remedies
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If a person violates any part of these Rules, then he/she shall be guilty of a misdemeanor
and shall be subject to sanctions provided in Chapter BOA Section 25 of the North
Carolina General Statutes.
Section 6008 Severability
If any provision of these Rules or the application thereof to any person or circumstance
is declared invalid, then the remainder of these Rules or the application of such provision
to other persons or circumstances shall not thereby be affected.
Section 6009 Effective Date
Adopted November 8, 1995 by the New Hanover County Board Of Health, these Rules
shall be effective on and after November 8,1995.
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Signed
Chairman
New Hanover
Signed~ i P ~
Director
New Hanover County Health Department
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