Title 18 . Environmental Conservation

Chapter 23 . Administrative Enforcement

Section 990. Definitions

18 AAC 23.990. Definitions

Unless the context indicates otherwise, in this chapter,

(1) "adequate" means necessary to accomplish the intended purpose in keeping with good public health practices;

(2) "antiseptic" means an agent that destroys disease-causing microorganisms on human skin or mucosa;

(3) "approved" or "approval" means approved in writing by, or the written approval of, the department;

(4) "barbering" has the meaning given in AS 08.13.220 ;

(5) "biological sterilization process indicator" means a device

(A) to accompany products being sterilized through a sterilization procedure and to monitor adequacy of sterilization;

(B) that is designed and labeled as an FDA Class II medical device; and

(C) that consists of a known number of microorganisms, of known resistance to the mode of sterilization, in or on a carrier and enclosed in a protective package; subsequent growth or failure of the microorganisms to grow under suitable conditions indicates the adequacy of sterilization;

(6) "board" means the Board of Barbers and Hairdressers;

(7) "body piercing" has the meaning given in AS 08.13.220 ;

(8) "clean" or "cleaned" means, with regard to equipment or instruments, made free of soil, or to make free of soil, by

(A) washing in warm, soapy water and rinsing; or

(B) using another approved method if using water is inappropriate for the equipment or instrument being cleaned;

(9) "critical violation" means

(A) insufficient facilities and equipment to support the type of procedures performed;

(B) a practitioner working in a school or shop with a communicable disease, acute respiratory infection, or who has a disease communicable by touch;

(C) a person working in a school or shop who is not practicing standards of cleanliness and personal hygiene as required by this chapter, and the results of which might be a disease communicable by touch;

(D) contact surfaces of equipment or non-single-use instruments that are not cleaned and sanitized effectively to minimize cross-contamination of cleaned or sanitized equipment or instruments from soiled equipment or instruments;

(E) a water supply that

(i) is not in compliance with 18 AAC 23.030;

(ii) does not provide hot and cold running water under pressure as required by this chapter; or

(iii) has a cross-connection with a nonpotable supply or a back siphonage potential;

(F) sewage or liquid waste that is not disposed of in compliance with 18 AAC 23.030;

(G) toilets and handwashing facilities not installed or inaccessible;

(H) insects, rodents, or other animals that are on the premises, except as allowed by 18 AAC 23.040(15) ;

(I) poisonous or toxic material that is improperly labeled, stored, or used;

(J) a disease or illness associated with operation of the school or shop; and

(K) non-single-use, non-disposable instruments that are required to be cleaned and sterilized that have not been cleaned and sterilized in accordance with 18 AAC 23.050;

(10) "department" means the Department of Environmental Conservation;

(11) "director" means the director of the division assigned to environmental health within the department;

(12) "disinfect" means to destroy disease-causing microorganisms on inanimate objects or surfaces and render those objects or surfaces safe for use or handling by use of an appropriate disinfection agent registered and used in accordance with 18 AAC 90;

(13) "ear piercing" means puncturing the trailing edge or lobe of the ear, using an ear piercing instrument, and following manufacturer instructions;

(14) "ear piercing instrument" means a hand-held tool

(A) manufactured exclusively for piercing the earlobe, or trailing edge of the ear; and

(B) into which a sterile, single-use stud and clasp is placed and inserted into the earlobe by a hand-squeezed or spring-loaded action to create a permanent hole;

(15) "easily cleanable" means readily accessible and designed so that residue may be effectively removed by normal cleaning methods;

(16) "electrolysis" means a method of hair removal where galvanic current or high-frequency thermolysis is applied to the hair follicle using a tiny steel probe, resulting in the electrolytic formation of lye in the follicle itself to remove hair permanently;

(17) "equipment" means machinery, apparatus, and appurtenances used in connection with the operation of a shop; "equipment" includes fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, and sinks;

(18) "esthetics" has the meaning given in AS 08.13.220 ;

(19) "extensively remodeled" means modified or improved at an expense equal to or exceeding 25 percent of the taxable value of the school or shop before initiation of the modification or improvement;

(20) "FDA" means the United States Food and Drug Administration;

(21) "facility" means premises used for conducting ear piercing services;

(22) "footcandles" means the illumination

(A) on a surface one square foot in area on which a flux of one lumen is uniformly distributed; or

(B) produced on a surface all points of which are at a distance of one foot from a directionally uniform point source of one candela;

(23) "gloves" means items that are

(A) made of natural rubber, vinyl, or synthetic material, including neoprene, polyvinyl chloride, and styrene butadiene;

(B) worn on the practitioner's hands to prevent contamination between client and practitioner; and

(C) designed and labeled by the manufacturer as an FDA Class I medical device;

(24) "hairdressing" has the meaning given in AS 08.13.220 ;

(25) "handsink" means a lavatory

(A) equipped with hot and cold running water under pressure that can be tempered to a temperature between 100 - 120ΓΈ F by a mixing valve or combination faucet; and

(B) used solely for washing hands, arms, or other portions of the body;

(26) "imminent health hazard" means a condition with the potential to affect public health adversely; "imminent health hazard" includes

(A) the extended loss of a potable water supply;

(B) an extended power outage;

(C) a sewage backup into the school or shop;

(D) a natural disaster;

(E) an employee sick with a disease communicable by touch;

(F) a disease or illness associated with the operation of the school or shop; and

(G) a major insect or rodent infestation;

(27) "instrument used for body piercing, tattooing, or permanent cosmetic coloring" means hand pieces, needles, needle bars, insertion tapers, forceps, hemostats, tweezers, and other implements that may come in contact with a client's body or have possible exposure to bodily fluids during body piercing, tattooing, or permanent cosmetic coloring procedures;

(28) "jewelry" means a personal ornament inserted into a newly pierced area;

(29) "liquid gentian violet" means a dye derived from triphenylmethane that is used as a topical anti-infective and as a stain;

(30) "manicuring" has the meaning given in AS 08.13.220 ;

(31) "medical waste" has the meaning given in 18 AAC 60.990;

(32) "owner or operator" means a person who controls, operates, manages, or conducts barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, permanent cosmetic coloring, or ear piercing activities at a school, shop, or facility; "owner or operator" includes a practitioner;

(33) "oral piercing" means piercing the cheek, the side of the mouth, the tongue, or any body part inside the mouth;

(34) "permanent cosmetic coloring" has the meaning given the term "tattooing and permanent cosmetic coloring" in AS 08.13.220 ;

(35) "practitioner" has the meaning given in AS 08.13.220 ;

(36) "premises" means a place or location used in conjunction with the activities of a school or shop described in this chapter; "premises" includes all or portions of structures, land, vehicles, equipment, instruments, supplies, a water supply, a wastewater system, and plumbing;

(37) "procedure" means barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring;

(38) "procedure area" means an area or station where barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, permanent cosmetic coloring, or ear piercing is performed;

(39) "procedure surface" means

(A) the surface of an inanimate object that contacts the client's unclothed body during a body piercing, tattooing, or permanent cosmetic coloring procedure;

(B) the area of skin adjacent to and including the body piercing, tattooing, or permanent cosmetic coloring procedure site; and

(C) any associated work area that may require sanitizing;

(40) "protected storage" means storage in closed containers or compartments protected from dust, dirt, and other contaminants;

(41) "sanitize" means to reduce the number of microorganisms on cleaned surfaces and equipment to a safe level by application of an appropriate sanitizing agent that is registered as required under 18 AAC 90;

(42) "school" means premises used to teach barbering, hairdressing, manicuring, or esthetics that includes barber schools, barber colleges, beauty schools, or beauty colleges;

(43) "sharps" means sterile or contaminated objects that can purposefully or accidentally cut or penetrate the skin or mucosa; "sharps" includes pre-sterilized, single-use needles, scalpel blades, and razor blades;

(44) "sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal;

(45) "shop" has the meaning given in AS 08.13.220 ;

(46) "single-use" means intended for one-time use upon one individual and disposed of after use on each client;

(47) "sterilization" means a process resulting in the destruction of all forms of microbial life, including highly-resistant bacterial spores;

(48) "sterilizer" means a steam autoclave or dry heat sterilizer that is

(A) used to sterilize medical instruments for the destruction of microorganisms and their spores; and

(B) designed and labeled by the manufacturer as an FDA Class II medical device;

(49) "tattooing" has the meaning given the term "tattooing and permanent cosmetic coloring" in AS 08.13.220 ;

(50) "temporary shop" means a shop for which the owner or operator has been issued a temporary shop license by the board under AS 08.13.120 (b) and 12 AAC 09.112;

(51) "tip" means the stainless steel replacement part that attaches to the body of the tube of a tattoo instrument;

(52) "tube" means the stainless steel component that is attached to a tattoo instrument and the tip; and

(53) "ultrasonic cleaner" means a device that is

(A) intended for cleaning instruments by the emission of high-frequency sound waves; and

(B) designed and labeled by the manufacturer as an FDA Class I medical device.

History: Eff. 12/1/2002, Register 164

Authority: AS 08.13.030

AS 08.13.120

AS 08.13.210

AS 08.13.220

AS 44.46.020

Editor's note: Under Department of Labor and Workforce Development regulations set out in 8 AAC 61.1010, the requirements of 29 C.F.R. 1910.1030, addressing occupational exposure to blood borne pathogens, are occupational safety and health standards in this state. Owners and operators should contact the Department of Labor and Workforce Development for assistance in complying with those requirements.