by substances, including alcohol and drugs, can influence essential functions, increasing the likelihood of harm to the CLIENT. Substances that affect the nervous system can impact a BODY ARTIST’S ability to perform procedures safely. Various studies have shown that drugs and alcohol are associated with cognitive changes, including the loss of inhibition, confused or abnormal thinking, and poor decision-making (Goudriaan et al., 2007; MacDonald et al., 1995; Mosel, 2021; Steele & Josephs, 1990; Verdejo-García et al., 2006). 14.4 Information on LICENSE requirements can be found in Section 13 of this Code. LICENSES must be posted according to Section 5 of this Code. 14.5 It is prohibited to submit any falsified information to the DEPARTMENT, including but not limited to training certificates, identification documents, REGULATED WASTE operating plans, exposure control plans, spore test results, permits, or any other documents required by this Code and the jurisdiction. 15. Enforcement 15.1 The DEPARTMENT shall refer to their jurisdiction’s administrative procedure act. The Administrative Procedure Act (APA) is a federal law that establishes uniform procedures for federal agencies to carry out their functions of rulemaking, adjudication, and licensing. All states in the United States have adopted statutes similar to the federal APA (Justia, 2021). 16. Inspection 16.1 INSPECTIONS must be performed in compliance with the applicable administrative procedure act. All U.S. state legislatures have passed administrative procedure acts that govern the way in which agencies operate, propose and issue regulations, and conduct administrative hearings and appeals (Yackee, 2019). The inspector has the right to access a FACILITY when the FACILITY is occupied. Routine and nonroutine INSPECTIONS are conducted to protect public health and the health of the FACILITY OPERATOR and PERSONNEL. 16.2 As dictated by this Code, BODY ART ESTABLISHMENT LICENSES are issued annually by the DEPARTMENT. As such, INSPECTIONS must be conducted at least annually and as often as necessary to protect public health. 16.3 Authorized agents of the DEPARTMENT must present identification to conduct an INSPECTION so OPERATORS can ensure they are not violating confidentiality or privacy and are showing documents, such as INFORMED CONSENT AND RELEASE FORMS and employee files, to authorized viewers.
16.4 OPERATORS who submit false documents to the DEPARTMENT can be prosecuted to the fullest extent of their jurisdiction’s law.
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