What Ontario public health rules apply when you buy a tattoo shop?

Section 1(1) of the Health Protection and Promotion Act defines a “personal service setting” as premises at which personal services are offered where there is a risk of exposure to blood or body fluids, and the definition expressly includes premises at which tattooing is offered. O. Reg. 136/18 (Personal Service Settings) then sets the rules, subject to the exclusions in its section 2, such as hospitals and settings where the services are primarily provided by a member of a regulated health profession engaged in the practice of that profession. Section 1 of O. Reg. 136/18 defines the “operator”, who carries most of its duties, as the person who has responsibility for and control over the setting. If you will hold that responsibility and control after you buy the shop, the definition fits you. This page covers Ontario only; check the rules where you are.

Duties that start once you run the shop

Under section 6(1) of O. Reg. 136/18, before providing an invasive procedure, the operator or the person who will provide it must give the person seeking it an explanation of the procedure and information about any risks associated with it, and section 6(2) makes whoever gives that explanation prepare the invasive-procedure records listed in section 14(1). Public Health Ontario lists tattooing among invasive procedures. Under section 4 of O. Reg. 136/18, the operator must also ensure that the results of any inspections conducted by a public health inspector are posted in accordance with the inspector’s request.

Sterilizers and records

Section 10(9) of O. Reg. 136/18 requires the operator to ensure that sterilizers used at the setting are suitable for sterilizing the equipment used there and meet the standards established by Health Canada and the Canadian Standards Association. Under section 10(10) of O. Reg. 136/18, the operator must follow any directions of a medical officer of health or public health inspector about sterilizers or, if neither has issued a direction, ensure that all sterilizers are checked and tested at least once every two weeks to confirm they are adequately destroying micro-organisms. Section 14(1) of O. Reg. 136/18 requires the operator to keep, if applicable, sterilization, disinfection and invasive-procedure records and records of accidental exposures to blood or body fluids. Under section 14(2) of O. Reg. 136/18, those records are stored at the setting in a secure location for one year or until the setting ceases to operate, whichever is earlier, and then retained and kept readily available in a secure location for at least two years after that period. Section 14(3) of O. Reg. 136/18 requires the operator to provide them to a medical officer of health or public health inspector on request.

What to ask the health unit

The sources checked for this page do not say whether the previous operator’s notice, records or inspection history pass to a buyer. Ask the local public health unit rather than assume. Questions worth putting to it:

• Does the change of operator need a new written notice to the medical officer of health, and by when?
• Will you give the earlier operator’s inspection results, and what must be posted?
• Which sterilization and invasive-procedure records must the seller leave at the shop, and for how long?

Under section 3(1) of O. Reg. 136/18, every person who intends to operate a personal service setting must give written notice of that intention to the medical officer of health of the health unit in which it will be located at least 14 days before commencing the operation; section 3(2) lists what the notice must include. The glossary entry on the personal service establishment permit covers that notice.