Bill Text: PA HB645 | 2009-2010 | Regular Session | Introduced

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Bill Title: Regulating tattoo, body-piercing and corrective cosmetic artists; limiting tongue splitting; providing for powers and duties of the Department of Health; and imposing penalties.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-27 - Referred to HEALTH AND HUMAN SERVICES [HB645 Detail]

Download: Pennsylvania-2009-HB645-Introduced.html

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PRINTER'S NO. 707
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 645 Session of2009
INTRODUCED BY DeLUCA, BEYER, BOYD, BUXTON, CARROLL, D. COSTA, DONATUCCI, GILLESPIE, HESS, JOSEPHS, W. KELLER, KILLION, McILVAINE SMITH, MELIO, MICOZZIE, MURT, MYERS, PALLONE, READSHAW, STABACK, STERN, TRUE, DENLINGER AND VULAKOVICH, FEBRUARY 27, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 27, 2009
AN ACT
Regulating tattoo, body-piercing and corrective cosmetic
artists; limiting tongue splitting; providing for powers and
duties of the Department of Health; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Tattoo, Body-
piercing and Corrective Cosmetic Artists Act.
Section 2. Legislative intent.
It is the intent of the General Assembly to direct the
Department of Health to establish health standards for the
practice of tattooing, body piercing and corrective cosmetics
within this Commonwealth. This will be achieved through the
imposition of regulations and the registration of all tattoo
artists, body-piercing artists and corrective cosmetic artists
with the Department of Health.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Body piercing." The process of breaching the skin or mucous
membrane for the purpose of insertion of any object, including,
but not limited to, jewelry for cosmetic purposes. The term does
not include ear piercing or nail piercing.
"Body-piercing artist." Any person who actually performs
body piercing or who operates, conducts or manages any body-
piercing establishment.
"Corrective cosmetic artist." Any person who actually
performs corrective cosmetics.
"Corrective cosmetics." The application of tattoos on a live
human being for medical situations that otherwise could not be
corrected or improved, including, but not limited to, burn
scars, acne scars, age spots and skin discoloration due to loss
of pigmentation.
"Department." The Department of Health of the Commonwealth.
"Facial tattoo." A tattoo applied above the neck, including,
but not limited to, eyelids, eyebrows or lips.
"Infectious disease." A disease of humans or animals
resulting from a transmissible infection, whether or not patent,
apparent, inapparent, latent, clinical or subclinical.
"Registry." The Tattoo, Body-piercing and Corrective
Cosmetic Artists Central Registry.
"Sanitization." The reduction of the population of
microorganisms to safe levels as determined by public health
officials.
"Sterilization." The process of destruction of all forms of
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life by physical or chemical means.
"Tattoo." The indelible mark, figure or decorative design
introduced by insertion of nontoxic dyes or pigments into or
under the subcutaneous portion of the skin or by the production
of scars upon the body of a live human being.
"Tattoo artist." Any person who actually performs tattooing
or who operates, conducts or manages any tattoo establishment.
"Tattooing." The process by which the skin is marked or
colored by insertion of nontoxic dyes or pigments into or under
the subcutaneous portion of the skin so as to form indelible
marks for cosmetic or figurative purposes.
"Temporary establishment." An establishment which performs
tattooing, body piercing, or both, is operated by an individual
registered under this act and which operates outside of a
registered facility at a fixed location for a period of time of
not more than seven consecutive days in conjunction with a
single event or celebration.
"Tongue splitting." The cutting of a human tongue into two
or more parts.
Section 4. Registry.
The department shall, by regulation, establish the Tattoo,
Body-piercing and Corrective Cosmetic Artists Central Registry.
All persons who perform tattooing, body-piercing or corrective
cosmetic services within this Commonwealth must meet the
requirements of this act and register with the department on
forms provided by the department.
Section 5. Powers and duties of department.
(a) General rule.--The department, in the exercise of its
duties under this act, shall have the power to adopt such
regulations as are reasonably necessary to carry out the
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purposes of this act. Regulations shall be adopted in conformity
with the provisions of the act of June 25, 1982 (P.L.633, No.
181), known as the Regulatory Review Act, and shall include, but
not be limited to:
(1) Tattoo, body-piercing and corrective cosmetic
establishment registration and facility registration
requirements, including, but not limited to:
(i) Physical location.
(ii) Specifications of walls, ceilings, floors,
partitions, fixtures, equipment and other appurtenances.
(iii) Lighting.
(iv) Ventilation.
(v) Water supply.
(vi) Liquid waste disposal.
(vii) Refuse storage and disposal.
(viii) Toilets and lavatories.
(ix) Sinks.
(x) Insect and rodent control.
(2) Temporary establishment registration requirements.
(3) Tattoo artist and body-piercing artist registration
requirements.
(4) Apprentice tattoo artist and body-piercing artist
registration requirements.
(5) Development and maintenance of and registration in
the Tattoo, Body-piercing and Corrective Cosmetic Artists
Central Registry.
(6) Tattoo artist and body-piercing artist hygiene.
(7) Health, sanitization, sterilization and safety
standards for tattoo, body-piercing or corrective cosmetic
establishments and temporary establishments.
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(8) Tattoo and body-piercing establishment and temporary
establishment recordkeeping.
(9) Qualifications for the registration of corrective
cosmetic artists.
(10) Tongue splitting.
(b) Examination.--The department shall require the
successful completion of a written examination regarding health,
sanitization, sterilization and safety standards prior to
issuing a registration to any tattoo artist, body-piercing
artist or corrective cosmetic artist.
(c) Registration.--The department shall register:
(1) Any applicant who successfully passes the
examination and meets the requirements for registration in
accordance with the regulations promulgated under this act.
(2) Any tattoo or body-piercing establishment or
temporary establishment which has been inspected and meets
facility requirements in accordance with the regulations
where tattooing, body-piercing or corrective cosmetic
services will be performed.
(d) Inspection.--The department shall inspect every
establishment at which tattooing, body piercing or corrective
cosmetics are performed prior to issuing a facility
registration. The department may also conduct inspections of
registered facilities and temporary establishments as the
department deems necessary to carry out this act. The inspection
shall insure that required sterilization, sanitation and safety
standards are maintained.
(e) Fees.--All fees required under this act shall be fixed
by the department by regulation and shall be subject to the act
of June 25, 1982 (P.L.633, No.181), known as the Regulatory
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Review Act.
(f) Limitation.--Nothing in this act shall be construed to
permit the department to regulate artistic aspects of tattooing,
body piercing or corrective cosmetics which are unrelated to
health, sanitization, sterilization or safety standards.
(g) Departmental actions.--All actions of the department in
accordance with this act which result in a refusal to issue a
registration for reasons other than failure to pass a written
examination required by this act or action which suspends or
revokes a registration shall be subject to the right of notice,
hearing and adjudication and the right of appeal therefrom in
accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies).
Section 6. Duties and responsibilities of artists.
(a) Health of tattoo artists and body-piercing artists.--The
department shall establish by regulation minimum health
standards for all registrants and persons working in any area of
a tattoo or body-piercing establishment which may be necessary
to prevent the contamination of tattoo or body-piercing
equipment, supplies or work surfaces with pathogenic organisms.
(b) Infectious disease.--A notarized statement from a
licensed physician shall be provided to the department, prior to
the issuance of a registration under this act, confirming that
the artist was examined by the physician, a test of the artist's
blood was made and the results of that test indicate that:
(1) the artist is free from all contagious and
infectious diseases, including hepatitis B;
(2) the artist has either completed or was offered and
declined a vaccination series;
(3) antibody testing reveals that the artist is immune
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to certain diseases; or
(4) a vaccine is contradicted for medical reasons.
(c) Notifications.--Verbal and written instructions for the
care of the tattooed or pierced site on the body shall be
provided to each customer by the tattoo artist or body-piercing
artist upon the completion of the procedure. The written
instructions shall advise the customer to consult a physician at
the first sign of infection and contain the name, address and
telephone number of the tattoo or body-piercing establishment.
Section 7. Minors.
(a) Prohibitions.--It shall be unlawful for any person to
perform tattooing or body-piercing services on any other person
under 18 years of age without the written consent of a parent or
legal guardian of that other person.
(b) Regulations.--The department shall promulgate
regulations establishing standards for verification of age and
documentation of consent.
(c) Revocation.--Any person who performs tattooing or body-
piercing services on any body part of a person under 18 years of
age without proper consent as established in subsection (a)
shall have the registration under this act revoked for two
years.
(d) Registration.--Any person who violates subsection (a)
may not be registered for two years from the date of violation
or revocation, whichever is later.
Section 8. Powers of municipalities.
(a) Municipal ordinances preserved.--Nothing in this act
shall supersede the power of a municipality to inspect tattoo or
body-piercing establishments or temporary establishments, to
regulate the manner in which tattooing or body piercing may be
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performed, to levy lawful taxes and fees and to require the
purchase of a business privilege license unrelated to competence
in the practice of tattooing or body piercing. No municipality
shall require a tattoo artist or body-piercing artist registered
under this act to obtain a municipal license to engage in
tattoo, temporary tattoo or body-piercing services in the
municipality. Nothing in this act shall preclude a municipality
from denying or revoking a local permit for failure to comply
with a local ordinance not inconsistent with this act or
regulations of the department promulgated under this act.
(b) Failure to comply with local ordinance.--A registrant
under this act who fails to comply with a municipal ordinance
concerning the inspection of tattoo or body-piercing
establishments or temporary establishments, or the manner in
which the municipality requires tattoo and body-piercing
services to be performed, shall be subject to disciplinary
proceedings under this act.
Section 9. Unlawful acts.
(a) Unregistered practice.--It is unlawful for any person to
practice tattooing, body piercing or corrective cosmetics, or to
hold himself out as a practitioner of or entitled or authorized
to practice tattooing, body piercing or corrective cosmetics, or
to assume any title of "tattooist," "tattoo artist," "body-
piercer," "body-piercing artist," "corrective cosmetics artist"
or other letters or titles in connection with that person's name
which in any way represents himself as being engaged in the
practice of tattooing, body piercing or corrective cosmetics, or
authorized to do so, unless that person has been duly registered
and authorized to engage in the practice under this act.
(b) Unregistered facilities.--It is unlawful for any person
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to operate a tattoo, body-piercing or corrective cosmetic
establishment or temporary establishment that is not registered
with the department.
(c) Injections.--It is unlawful for a tattoo artist, body-
piercing artist or corrective cosmetic artist to administer
anesthetic injections or other medications and prescription
drugs.
(d) Facial tattoos.--It is unlawful for any person other
than a corrective cosmetic artist registered under this act, or
a physician or surgeon licensed in this Commonwealth, to perform
facial tattoo services on any other person.
Section 10. Tongue splitting limitation.
(a) General rule.--A person shall not perform tongue
splitting on another person unless the tongue splitting is
performed by a physician or dentist licensed in this
Commonwealth.
(b) Grading.--Any person who violates the provisions of this
section commits a misdemeanor of the first degree for a first
offense and a felony of the third degree for a second or
subsequent offense.
Section 11. Disciplinary matters.
(a) General.--The department may suspend or revoke any
registration issued under this act for any of the following
reasons:
(1) Failing to demonstrate the qualifications or
standards for a registration contained in this act or
regulations of the department.
(2) Making misleading, deceptive, untrue or fraudulent
representations in obtaining a registration.
(3) Being unable to practice with reasonable skill and
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safety to the public by reason of illness, addiction to drugs
or alcohol, having been convicted of a felonious act
prohibited by the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, or convicted of a felony relating to a controlled
substance in a court of law of the United States or any other
state, territory, possession or country, or of mental
incompetency. An applicant's statement on the application
declaring the absence of a conviction shall be deemed
satisfactory evidence of the absence of a conviction unless
the department has some evidence to the contrary.
(4) Violating a lawful regulation promulgated by the
department or violating a lawful order of the department
previously entered by the department in a disciplinary
proceeding.
(5) Knowingly maintaining a professional connection or
association with any person who is in violation of this act
or regulation of the department or knowingly aiding,
assisting, procuring or advising any unregistered person to
practice a profession contrary to this act or regulations of
the department.
(6) Acting in such manner as to present an immediate and
clear danger to public health or safety.
(7) Making a false or deceptive biennial registration
with the department.
(b) Authorized actions.--In addition to taking disciplinary
or corrective action against a registrant under this act or
pursuant to other statutory authority, the department may:
(1) Deny the application for a registration or any other
privilege granted by the department.
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(2) Revoke, suspend, limit or otherwise restrict a
registration.
(3) Stay enforcement of any suspension and place a
registrant on probation with the right to vacate the
probationary order for noncompliance.
(c) Failure to comply with conditions.--Failure of a
registrant to comply with the conditions required by the
department shall be grounds for reconsideration of the matter
and institution of formal charges against the registrant.
(d) Reinstatement of registration.--Unless ordered to do so
by the Commonwealth Court or on appeal therefrom, the department
may not reinstate the registration of a person which has been
revoked for two years from the date of violation or revocation,
whichever is later. Any person whose registration has been
revoked may apply for reinstatement, after a period of at least
two years, but must meet all of the registration requirements of
this act, including the examination requirement, if that person
desires to practice the art of tattooing, body piercing or
corrective cosmetics under this act at any time after such
revocation.
(e) Surrender of suspended or revoked registration.--The
department shall require a person whose registration has been
suspended or revoked to return the registration in such manner
as the department directs.
Section 12. Penalties.
Any person who violates any provision of this act commits a
misdemeanor of the third degree and shall, upon conviction, be
sentenced to pay a fine of not more than $1,000 or to
imprisonment for not more than three months, or both.
Section 13. Injunctive relief.
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It shall be unlawful for any person to practice or attempt to
offer to practice tattooing, body piercing or corrective
cosmetics without having at the time of so doing a valid,
unexpired, unrevoked and unsuspended registration issued under
this act. The unlawful practice of tattooing, body piercing or
corrective cosmetics may be enjoined by the courts on petition
of the department. In any such proceeding it shall not be
necessary to show that any person is individually injured by the
actions complained of. If it is found that the respondent has
engaged in the unlawful practice of tattooing or body piercing,
the court shall enjoin the respondent from so practicing unless
and until the respondent registers with the department. This
procedure in such cases shall be the same as in any other
injunction suit. The remedy by injunction authorized by this
section shall be in addition to any other civil or criminal
prosecution and punishment authorized by law.
Section 14. Exemptions.
(a) General rule.--Nothing in this act shall prevent:
(1) a physician or surgeon licensed in this Commonwealth
from performing body-piercing or tattooing services for
medical reasons; or
(2) a funeral director licensed in this Commonwealth
from performing body-piercing or tattooing services as
required by that profession.
(b) Physician-based corrective cosmetics establishments.--
Nothing in this act shall require the registration of corrective
cosmetics establishments physically located in a licensed
physician's office, hospital or clinic. Those establishments
shall also be exempt from facility requirements as provided for
in section 5(a)(1).
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Section 15. Effective date.
This act shall take effect as follows:
(1) Section 5(a) shall take effect in two years.
(2) Section 10 shall take effect in 60 days.
(3) This section shall take effect immediately.
(4) The remainder of this act shall take effect in 180
days.
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