STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 814	By:	Anderson

AS INTRODUCED

An Act relating to tattooing; amending 21 O.S. 2011, Sections 842.1, 842.2 and 842.3, which relate to tattoo artists, licenses and penalties; prohibiting certain acts without license; modifying language; prohibiting certain aged person from being in a place of tattooing; requiring a consent form be signed; making certain forms subject to inspection by certain entities; recognizing certain exempt acts of licensed professionals; making criminal penalty in addition to administrative fines; making city regulation in addition to state licensure; mandating notification for violations of law; mandating administrative fine for violation of rules or law; mandating denial of license for violation of law; allowing suspension or revocation and fine for any violation; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 842.1, is amended to read as follows:
Section 842.1.  A.  It shall be unlawful for any person to perform or offer to perform body piercing or tattooing in this state without a license.  It is unlawful to perform or offer to perform body piercing or tattooing on a child person under eighteen (18) years of age.  No person under eighteen (18) years of age shall be allowed to receive a tattoo.  No present in any place where tattoos or body piercing is being practiced, except a person under eighteen (18) years of age shall be allowed to receive a body piercing procedure unless and be present in a place licensed to perform body piercing when the parent or legal guardian of such child person gives written consent for the procedure, and the parent or legal guardian of the child is remains present during the procedure.  No person shall be allowed to purchase or possess tattoo equipment or supplies without being licensed either as an Oklahoma medical micropigmentologist or as an Oklahoma tattoo artist.
B.  Any person consenting to body piercing or tattooing shall sign a consent statement acknowledging that the person is over the age of eighteen (18) years and understands and accepts the risks and dangers of injury, illness and permanent mistakes in receiving the body piercings or tattoos. The consent form shall be maintained by the person licensed to perform body piercing and tattooing and shall be subject to inspection by the State Department of Health or any law enforcement officer.  Tattooing shall not be performed upon a person impaired by drugs or alcohol.  A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions recommendations.
C.  It shall be unlawful for any person to perform or offer to perform scleral tattooing upon a person.
D.  As used in this section and Sections 842.2 and 842.3 of this title:
1.  "Body piercing" means a procedure in which an opening is created in a human body solely for the purpose of inserting jewelry or other decoration; provided, however, the term does not include ear piercing;
2.  "Tattooing" means 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 equipment; provided, that medical micropigmentation, performed pursuant to the provisions of the Oklahoma Medical Micropigmentation Regulation Act, shall not be construed to be tattooing;
3.  "Body piercing operator" means any person who owns, controls, operates, conducts, or manages any permanent body piercing establishment, whether actually performing the work of body piercing or not.  A mobile unit, including, but not limited to, a mobile home, recreational vehicle, or any other nonpermanent facility, shall not be used as a permanent body piercing establishment;
4.  "Tattoo operator" means any person who owns, controls, operates, conducts, or manages any permanent tattooing establishment whether performing the work of tattooing or not, or a temporary location that is a fixed location at which an individual tattoo operator performs tattooing for a specified period of not more than seven (7) days in conjunction with a single event or celebration, where the primary function of the event or celebration is tattooing;
5.  "Artist" means the person who actually performs the body piercing or tattooing procedure;
6.  "Apprentice" means any person who is training under the supervision of a licensed tattoo artist.  That person cannot independently perform the work of tattooing.  Apprentice also means any person who is training under the supervision of a licensed body artist.  That person cannot independently perform the work of body piercing; and
7.  "Scleral tattooing" means the practice of producing an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under the fornix conjunctiva, bulbar conjunctiva, ocular conjunctive, or other ocular surface using needles, scalpels or other related equipment.
E.  Sections 842.1 through and 842.3 of this title shall not apply to any act of performed by a licensed practitioner of the healing arts if performed in the course of such practice of the practitioner and recognized by this state as a part of the licensed profession.
F.  Any person violating the provisions of this section or any rules established for licensure shall be punished as provided in Section 842.2 of this title.
SECTION 2.     AMENDATORY     21 O.S. 2011, Section 842.2, is amended to read as follows:
Section 842.2.  Any person convicted of violating the provisions of Section 842.1 of this title or of any rules promulgated pursuant thereto Section 842.1 or 842.3 of this title shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not to exceed more than ninety (90) days, by a fine of not more than exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any criminal penalty imposed pursuant to this section shall be in addition to the administrative fines imposed for a license violation.
SECTION 3.     AMENDATORY     21 O.S. 2011, Section 842.3, is amended to read as follows:
Section 842.3.  A.  All body piercing operators, tattoo operators and artists shall be prohibited from performing body piercing or tattooing unless licensed such person has been issued a valid license in the appropriate category by the State Department of Health.  The State Board of Health shall promulgate rules regulating body piercing and tattooing which shall include, but not be limited to:
1.  Artist temporary and permanent licensure;
2.  Facility operator temporary and permanent licensure;
3.  Body piercing and tattoo facility requirements;
4.  Equipment setup and requirements;
5.  Procedures for sanitary body piercing and tattooing;
6.  Forms to be completed prior to performing body piercing and tattooing including, but not limited to, applications and parental consent forms;
7.  Hand washing and general health;
8.  Body piercing and tattoo site preparation and application;
9.  Procedure following body piercing and tattoo application;
10.  Limits and prohibitions concerning body piercing and tattooing;
11.  Facility inspection documents including, but not limited to, equipment inspection;
12.  Administrative fines structure;
13.  Education and training; and
14.  A surety bond in the principal sum of One Hundred Thousand Dollars ($100,000.00) to be in a form approved by the Attorney General and filed in the Office of the Secretary of State for all body piercing and tattoo operators.
B.  A In addition to a state license required by subsection A of this section, a city or county may adopt any regulations that do not conflict with, or are more comprehensive than, the provisions of this section or with the rules promulgated by the Department.  This section does not limit the ability of a city or county to require an applicant to obtain any further business licenses or permits that the city or county deems appropriate.
C.  1.  The State Department of Health shall not grant or issue a license to a body piercing or tattoo operator if the place of business of the body piercing or tattoo operator is within one thousand (1,000) feet of a church, school, or playground.
2.  The provisions of this subsection shall not apply to the renewal of licenses or to new applications for locations where body piercing or tattoo operators are licensed at the time the application is filed with the Department.
3.  As used in this subsection:
a.	"church" means an establishment, other than a private dwelling, where religious services are usually conducted,
b.	"school" means an establishment, other than a private dwelling, where the usual processes of education are usually conducted, and
c.	"playground" means a place, other than grounds at a private dwelling, that is provided by the public or members of a community for recreation.
D.  A body piercing or tattoo operator applying for license renewal or for a new license to perform at an existing body piercing or tattoo place of business shall pay a certification fee established by the Department by rule to determine if the exemptions provided for in paragraph 2 of subsection C of this section apply.
E.  A body piercing or tattoo operator applying for license renewal or for a new license under subsection C of this section shall publish notice of the license application or renewal at least once a week for three (3) consecutive weeks in a newspaper of general circulation nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business.  The publication shall identify the exact location at which the proposed business is to be operated.
F.  The State Department of Health may shall notify the district attorney of any violation of Section 842.1 of this title or rules promulgated pursuant thereto and, in addition to any criminal penalty imposed, the Department may shall impose an administrative fine for all violations of rule or law in an amount not to exceed Five Thousand Dollars ($5,000.00) per violation per day, and may. The State Department of Health shall deny a license for violation of law and may suspend, or revoke or deny the a license of the establishment, or may for violation of law or rule.  The Department may impose both such an administrative fine and suspension, revocation or denial for any such violation.
SECTION 4.  This act shall become effective July 1, 2013.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-747	NP	1/17/2013 11:58:34 AM