10 responses to findings and recommendations
R1
DEH supervisors should ensure that the content, sequence and procedures for training as specified in Policy No. 708 are followed.
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent agrees with the finding. All staff assigned to this program will now be required to read and initial Policy 708 during their annual evaluations. Any new staff hired or transferred into this program will be trained in Policy 708 within 30 days of their start date. Further, this will also be required of all Program Supervisors and Program Chiefs. Finding Number 2: LEA personnel as required by Policy 708 are not consistently documenting training conducted. Response: X Respondent agrees with the finding. Training was performed and documentation on file but not maintained or organized ...
R2
DEH supervisors/trainers should maintain training documentation on a database and hard copy file records as required by Policy No. 708, Paragraph XV. "Documentation of Training."
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent agrees with the finding. Training was performed and documentation on file but not maintained or organized in a centralized location. All training documentation will now be organized and maintained in a central location. This will be the responsibility of the program supervisor; and compliance will be monitored quarterly by the responsible Program Chief and Deputy Director. 1 of 12
Finding Number 3: Trainees are not consistently being administered written and oral tests as required by Policy 708. Response: X Respondent agrees with the finding. Revision of this policy requirement i...
R3
DEH supervisors/trainers administer oral and written tests as prescribed in Policy No. 708. The DEH should develop and the Riverside County Board of Supervisors
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent agrees with the finding. Revision of this policy requirement is being considered. This requirement may now be unnecessary due to development of the program from 1999 to the present. For now, this will be the responsibility of the program supervisor and documentation maintained on a database and hard copy file. Compliance will be monitored quarterly by the responsible Program Chief and Deputy Director. Finding Number 4: The LEA inspects approximately 100 practitioners of tattooing, body piercing and permanent cosmetics annually. The focus of the inspection process is to establish a...
R4
should adopt the required ordinances/regulations immediately to protect DEH should then proceed to have practitioners and their customers. cooperating cities adopt the ordinance or enter into other agreements with DEH for inspection services.
Response: Implemented
Scheduled: within 30 days
Score: 0
Х Respondent agrees with the finding. In 1999, counties expected quick adoption of State-wide regulations for the body art industry. Counties throughout the State have received repeated assurances that the new State regulations are imminent. State-wide regulations would replace any local regulations in effect at that time. After a number of drafts generated by the State Department of Public Health (in conjunction with counties, including Riverside) the regulations still have not passed the legislature. Some counties proceeded with their own ordinances and most others, including Riverside Count...
R5
DEH must ensure that potential practitioners complete all requirements of registration, as recommended by the California Conference of Local Health Officers, before LEA issues a Certification of Registration. The Health and Safety Code does not authorize unenforceable Interim
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent disagrees wholly with the finding. This already occurs; the applicant must sign the registration form that lists the completion of health and safety courses.
Establish an Exposure Control Plan
X Respondent disagrees wholly with the finding. The exposure control plan is verified during the inspection by LEA staff. c. Obtain a facility permit X Respondent disagrees partially with the finding. A facility permit is not required; however, practitioners must become registered.
d. Document practitioners' protection against Hepatitis B
Х Respondent disagrees wholly with the finding. T...
R6
Standards to be used in lieu of enforceable regulations with standards. LEA should develop an up-to-date set of standards for use by Environmental Health Specialists. This advisory, if to be continued in use, should be consistent with California
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent disagrees partially with the finding. The standards are listed in both the document provided to the practitioner, and then are further discussed with the practitioner during the inspection. These are the only standards that exist at this time. Additional standards will be more clearly defined and implemented if the proposed local ordinance is approved. Finding Number 7: Riverside County Health Services Agency Interim Standards for tattoo and body art practitioners advises: "Practitioners shall not: Apply any tattoo to any person under eighteen (18) years of age except when authori...
R7
Penal Code §653: Tattooing persons under the age of 18. "Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor. This section is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of its practice." Change the body piercing standard to accurately reflect Penal Code §652,
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent disagrees partially with the finding. This wording is similar to the wording in the California Penal Code §653. Local law enforcement is responsible for the enforcement of this Penal Code section and the Department will continue to forward these complaints to the appropriate jurisdiction. These requirements are included in the proposed local body art ordinance. Finding Number 8: Another incomplete statement in the Interim Standards states that practitioners shall not "Perform body piercing on a person under age of eighteen unless a parent or guardian accompany them." Response: X R...
R9
Update the registration forms to completely inform practitioners of all fees and consequences of violations. Institute an appropriate set of investigative standards and impose and collect civil penalties if and when allowed. Riverside County would retain all penalties collected. DEH should immediately:
Response: Implemented
Scheduled: within 30 days
Score: 0
X Respondent agrees with the finding. This was not stated in the registration information the department was providing. The escalation of enforcement will be outlined in a new policy (similar to other programs within the DEH) and will be included in the revised registration packet. Finding Number 10: Health and Safety Code §119303 required practitioners to pay an annual inspection fee of $105 beginning in January 1999. DEH did not begin collecting the fee until January 2009, ten years later (Attachment 4). DEH's failure to collect these fees from practitioners from 1999 to the end of 2008 depr...
R10
a) Ensure that all practitioners are registered with DEH and pay the one-time registration fee. b) Provide registrants with applicable department standards. c) Ensure all registrants are inspected annually and pay the cost of the inspection to DEH. Riverside County is authorized to charge an additional amount if necessary to cover the actual cost of registration and inspection. d) Ensure that practitioners who fail to register or violate the sterilization, sanitation and safety standards are sub...
Response: Implemented
Scheduled: within 30 days
Score: 0
Х Respondent agrees with the finding. The inspection fee was not charged until the January 2009 billing cycle. Finding Number 11: The 2009-2010 Riverside County Grand Jury requested that DEH provide a list of body art practitioner inspections completed in Riverside County in 2007, 2008, and 2009. The lists received contained some incomplete and clearly erroneous data such as: a. Numerous inspections were listed as completed in cities in San Bernardino, Orange, San Diego and Los Angeles counties. Response: Respondent agrees with the finding. X 5 of 12
Some of the data provided listed a practit...
R11
information requested with as much accuracy and specificity as possible. Report Issued: 05/05/10 Report Public: 05/07/10 Response Due: 08/03/10 Reg# Office Use Only RIVERSIDE COUNTY COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH Application for Registration of a Person Engaged in the Business of Tattooing, Body Piercing or Permanent Cosmetics 4080 Lemon Street, 9th Floor • P.O. Box 1280, Riverside, CA 92502-1280 ☐ One-Time Registration: $25.00 ☐ Annual Renewal/Inspection Fee: $105.00...
Response: Implemented
Scheduled: within 30 days
Score: 0
Respondent agrees with the finding. X 5 of 12
Some of the data provided listed a practitioners mailing address instead of the facility location where the inspection was conducted.
Contrary to testimony from several DEH inspectors and supervisors,
inspections were completed in the unincorporated portions of Riverside County. Response: X Respondent disagrees partially with the finding. There are still some body art establishments located in County unincorporated areas. It is true that current land use rules did not allow the opening of new body art establishments in the unincorporated areas. ...