Bill Text: NJ A1971 | 2010-2011 | Regular Session | Introduced
Bill Title: "Tattooing and Body Piercing Practice Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-10 - Reported out of Assembly Committee, 2nd Reading [A1971 Detail]
Download: New_Jersey-2010-A1971-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
"Tattooing and Body Piercing Practice Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the licensing of persons engaged in tattooing and body piercing and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Tattooing and Body Piercing Practice Act."
2. As used in this act:
"Body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration and includes, but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. "Body piercing" does not mean piercing an ear lobe with a disposable single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
"Body piercing artist" means any person licensed to practice body piercing pursuant to the provisions of this act.
"Commissioner" means the Commissioner of Health and Senior Services.
"Office" means any fixed establishment or place where one or more persons engage in the practice of tattooing or body piercing.
"Tattooing" means the insertion of pigment under the surface of the skin of a person, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.
"Tattoo artist" means any person who is licensed to practice tattooing pursuant to the provisions of this act.
3. The commissioner shall have the following powers and duties:
a. evaluate and pass upon the qualifications of applicants for licensure;
b. adopt and administer examinations to be taken by applicants for licensure;
c. issue and renew biennial licenses for tattoo artists and body piercing artists pursuant to this act;
d. refuse to admit a person to an examination or refuse to issue or suspend, revoke, or fail to renew the license of a tattoo artist or body piercing artist;
e. approve tattooing and body piercing education programs offered within the State;
f. maintain a record of every tattoo artist and body piercing artist licensed in this State, their places of business, places of residence and the date and number of their license;
g. maintain a record of all offices licensed by the commissioner to offer the services provided within the definition of tattooing and body piercing;
h. take disciplinary action against a tattoo artist or body piercing artist who violates any provision of this act;
i. approve the types of instruments and procedures permitted in the practice of tattooing or body piercing;
j. direct the conduct of inspections or investigations of any premises from which the commissioner may have reason to believe that tattooing or body piercing services are being offered;
k. direct the conduct of inspections or investigations of all licensed offices; and
l. administer and enforce the provisions of this act.
4. a. No person shall practice tattooing or body piercing, whether or not compensation is received or expected, unless the person holds a valid license to practice in this State, except nothing in this act shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed, regulated or certified.
b. No person shall use the titles "licensed tattoo artist" or "licensed body piercing artist," or any other title, designation, words, letters, abbreviations or insignia indicating the practice of tattooing or body piercing, unless licensed to practice under the provisions of this act.
c. No person shall operate, maintain or use premises for the rendering of any service provided in the definition of tattooing or body piercing without first having secured an office license from the commissioner.
d. The commissioner may refuse to grant or may suspend or revoke a license to practice tattooing or body piercing upon proof to the satisfaction of the commissioner that the holder thereof has:
(1) employed unlicensed persons to practice tattooing or body piercing, or supervised or aided an unlicensed person in the practice of tattooing or body piercing;
(2) advertised the practice of tattooing or body piercing so as to disseminate false, deceptive or misleading information;
(3) used instruments or procedures in the practice of tattooing or body piercing that are not approved by the commissioner;
(4) maintained an office in a manner which is unsafe or unsanitary; or
(5) acted in a manner inconsistent with standards for the practice of tattooing or body piercing approved by the commissioner.
5. To be eligible for licensure as a tattoo artist, an applicant shall fulfill the following requirements:
a. be at least 18 years of age;
b. be of good moral character;
c. (1) have successfully completed a tattooing education program approved by the commissioner; or
(2) have completed in another state a tattooing education program determined by the commissioner to be satisfactory; and
d. have passed an examination administered or approved by the commissioner to determine the applicant's competence to practice tattooing.
6. To be eligible for licensure as a body piercing artist, an applicant shall fulfill the following requirements:
a. be at least 18 years of age;
b. be of good moral character;
c. (1) have successfully completed a body piercing education program approved by the commissioner; or
(2) have completed in another state a body piercing education program determined by the commissioner to be satisfactory; and
d. have passed an examination administered or approved by the commissioner to determine the applicant's competence to practice body piercing.
7. Upon payment to the commissioner of a fee and the submission of a written application provided by the commissioner, the commissioner shall issue a tattoo artist license to any person who:
a. Holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State, if the applicant has not previously failed the examination as provided in section 5 of this act. If the applicant has failed an examination for tattooing referred to in that section, licensing shall be at the discretion of the commissioner; or
b. Applies for licensure within 180 days of the effective date of this act, is a resident of this State, is of good moral character and has been actively engaged in the practice of tattooing for at least five years immediately preceding the date of application for licensure.
8. Upon payment to the commissioner of a fee and the submission of a written application provided by the commissioner, the commissioner shall issue a body piercing artist license to any person who:
a. Holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State, if the applicant has not previously failed the examination as provided in section 6 of this act. If the applicant has failed an examination for body piercing referred to in that section, licensing shall be at the discretion of the commissioner; or
b. Applies for licensure within 180 days of the effective date of this act, is a resident of this State, is of good moral character and has been actively engaged in the practice of body piercing for at least five years immediately preceding the date of application for licensure.
9. The examinations required by sections 5 and 6 of this act shall include a written practical examination which shall test the applicant's knowledge of the theory and clinical practice of tattooing or body piercing, as the case may be. Examinations shall be held within the State at least twice a year at a time and place to be determined by the commissioner. The commissioner shall give adequate written notice of each of the examinations to applicants for licensure and examination.
An applicant who fails the initial tattooing or body piercing examination or a section of the examination may retake the section or the entire examination upon payment to the commissioner of the prescribed fee. If an applicant fails the examination twice, the applicant may take a third examination only if he retakes the entire examination.
10. a. The commissioner shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services provided by the commissioner pursuant to the provisions of this act. Licenses shall be issued for a period of two years and be biennially renewable, except that the commissioner may, in order to stagger the expiration dates thereof, provide that those licenses first issued or renewed after the effective date of this act shall expire or become void on a date fixed by the commissioner, not sooner than six months nor later than 29 months after the date of issue.
b. Fees shall be established, prescribed or changed by the commissioner to the extent necessary to defray all proper expenses incurred by the commissioner and any staff employed to administer this act, except that fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
c. All fees shall be paid to the commissioner and shall be forwarded to the State Treasurer and become part of the General Fund.
11. The commissioner shall issue a license to any applicant who in the opinion of the commissioner has satisfactorily met all the requirements of this act. The license shall indicate whether the holder is licensed as a tattoo artist or a body piercing artist. The holder of a tattoo artist's license is authorized to practice tattooing during the licensure period, and the holder of a body piercing license is authorized to practice body piercing during the licensure period.
12. A person shall not operate, maintain or use premises for the rendering of any service provided in the definition of tattooing or body piercing without having first secured an office license. To be eligible for an office license, a person intending to open and operate an office shall:
a. make application to the commissioner on forms as the commissioner may require, demonstrating that the physical premises and the operation of the office will meet the criteria as recommended by the "Universal Precautions for Infection Control" established by the federal Centers for Disease Control and Prevention;
b. permit inspections of the premises; and
c. pay such fees as may be required by the commissioner.
13. The commissioner shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.
14. This act shall take effect immediately, except that section 4 shall take effect on the 360th day following enactment.
STATEMENT
The bill, which is designated as the "Tattooing and Body Piercing Practice Act," provides for the licensing of tattoo artists and body piercing artists.
The bill directs the Commissioner of Health and Senior Services to establish standards of practice, licensing qualifications, tattooing and body piercing education programs and inspections of the offices of tattoo and body piercing artists.
To be eligible for a tattoo artist or body piercing artist license, an applicant must:
-- be at least 18 years old and possess good moral character;
-- successfully complete a tattoo or body piercing education program, as appropriate; and
-- pass an examination administered or approved by the Commissioner of Health and Senior Services.
The bill defines:
-- "tattooing" to mean the insertion of pigment under the surface of the skin of a person by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin; and
-- "body piercing" to mean the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, piercing of an ear, lip, tongue, nose or eyebrow (but excluding the piercing of an ear lobe with a disposable single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear).
The bill prohibits anyone from practicing tattooing or body piercing or using the titles "licensed tattoo artist" or "licensed body piercing artist" or any other title, designation, words, letters, abbreviations or insignia indicating the practice of tattooing or body piercing unless duly licensed; however, nothing in the bill is to be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which the person is licensed.
No person is permitted to operate a tattooing or body piercing office without obtaining an office license under the bill. The bill directs the Commissioner of Health and Senior Services to set minimum criteria for the operation and physical premises of offices, including the approval of instruments and procedures used in tattooing and body piercing, and the commissioner may inspect offices.
The bill provides that an applicant who has been actively engaged in practice of body piercing or tattooing and who applies for licensure within 180 days of the effective date of the bill may, under certain circumstances, be granted a license without sitting for an examination.
