The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--The Tattoo Studio Act, Chapter 146, Texas Health and Safety Code.
2. (2) 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.
3. (3) Authorized agent--An employee of the department designated by the commissioner to enforce the Act.
4. (4) Client--A person requesting the application of a tattoo.
5. (5) Commissioner--Commissioner of the Texas Department of Health.
6. (6) 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 in the office of the Drugs and Medical Devices Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are available for inspection during normal working hours.
7. (7) 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.
8. (8) Department--The Texas Department of Health.
9. (9) Disinfectant--An agent that destroys disease-causing microorganisms on inanimate objects or surfaces.
10. (10) License holder--A person who owns, operates, or maintains a tattoo studio or temporary location in compliance with these sections.
11. (11) Sanitize--To treat a clean surface and destroy pathogenic microorganisms.
12. (12) Single-service--Articles intended for one-time, one-person use and which are to be discarded after such use.
13. (13) 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; intradermal cosmetics.
14. (14) Tattooist--A person who performs tattooing or applies intradermal cosmetics and who is responsible for adherence to the provisions of these sections.
15. (15) Tattoo area--The portion of the tattoo studio used for applying tattoos and for cleaning, disinfecting, and sterilizing equipment, including all surrounding areas which are likely to come into contact with contaminated waste.
16. (16) Tattoo 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 tattooing or intradermal cosmetic application is performed, completely separated from living quarters.
17. (17) Temporary location--A fixed location at which tattooing is performed for a specified length of time of not more than seven days in conjunction with a single event or celebration, where the primary function of the event or celebration is tattooing.

Source Note:The provisions of this §229.402 adopted to be effective March 1, 1994, 19 TexReg 1110; amended to be effective August 23, 1996, 21 TexReg 7660; amended to be effective July 12, 1998, 23 TexReg 6957.