Bill Text: PA HB364 | 2013-2014 | Regular Session | Introduced
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: Slight Partisan Bill (Democrat 8-3)
Status: (Introduced - Dead) 2013-01-29 - Referred to HEALTH [HB364 Detail]
Download: Pennsylvania-2013-HB364-Introduced.html
| PRINTER'S NO. 376 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 364 | Session of 2013 |
INTRODUCED BY DELUCA, D. COSTA, HESS, P. DALEY, V. BROWN, SCHLOSSBERG, KORTZ, BOBACK, WATSON, CALTAGIRONE AND MUNDY, JANUARY 29, 2013
REFERRED TO COMMITEE ON HEALTH, JANUARY 29, 2013
AN ACT
1Regulating tattoo, body-piercing and corrective cosmetic
2artists; limiting tongue splitting; providing for powers and
3duties of the Department of Health; and imposing penalties.
4TABLE OF CONTENTS
5Section 1. Short title.
6Section 2. Legislative intent.
7Section 3. Definitions.
8Section 4. Registry.
9Section 5. Powers and duties of department.
10Section 6. Duties and responsibilities of artists.
11Section 7. Minors.
12Section 8. Powers of municipalities.
13Section 9. Unlawful acts.
14Section 10. Tongue splitting limitation.
15Section 11. Disciplinary matters.
16Section 12. Penalties.
17Section 13. Injunctive relief.
18Section 14. Exemptions.
1Section 15. Effective date.
2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:
4Section 1. Short title.
5This act shall be known and may be cited as the Tattoo, Body-
6piercing and Corrective Cosmetic Artists Act.
7Section 2. Legislative intent.
8It is the intent of the General Assembly to direct the
9Department of Health to establish health standards for the
10practice of tattooing, body piercing and corrective cosmetics
11within this Commonwealth. This will be achieved through the
12imposition of regulations and the registration of all tattoo
13artists, body-piercing artists and corrective cosmetic artists
14with the Department of Health.
15Section 3. Definitions.
16The following words and phrases when used in this act shall
17have the meanings given to them in this section unless the
18context clearly indicates otherwise:
19"Body piercing." The process of breaching the skin or mucous
20membrane for the purpose of insertion of any object, including,
21but not limited to, jewelry for cosmetic purposes. The term does
22not include ear piercing or nail piercing.
23"Body-piercing artist." Any person who actually performs
24body piercing or who operates, conducts or manages any body-
25piercing establishment.
26"Corrective cosmetic artist." Any person who actually
27performs corrective cosmetics.
28"Corrective cosmetics." The application of tattoos on a live
29human being for medical situations that otherwise could not be
30corrected or improved, including, but not limited to, burn
1scars, acne scars, age spots and skin discoloration due to loss
2of pigmentation.
3"Department." The Department of Health of the Commonwealth.
4"Facial tattoo." A tattoo applied above the neck, including,
5but not limited to, eyelids, eyebrows or lips.
6"Infectious disease." A disease of humans or animals
7resulting from a transmissible infection, whether or not patent,
8apparent, inapparent, latent, clinical or subclinical.
9"Registry." The Tattoo, Body-piercing and Corrective
10Cosmetic Artists Central Registry.
11"Sanitization." The reduction of the population of
12microorganisms to safe levels as determined by public health
13officials.
14"Sterilization." The process of destruction of all forms of
15life by physical or chemical means.
16"Tattoo." The indelible mark, figure or decorative design
17introduced by insertion of nontoxic dyes or pigments into or
18under the subcutaneous portion of the skin or by the production
19of scars upon the body of a live human being.
20"Tattoo artist." Any person who actually performs tattooing
21or who operates, conducts or manages any tattoo establishment.
22"Tattooing." The process by which the skin is marked or
23colored by insertion of nontoxic dyes or pigments into or under
24the subcutaneous portion of the skin so as to form indelible
25marks for cosmetic or figurative purposes.
26"Temporary establishment." An establishment which performs
27tattooing, body piercing, or both, is operated by an individual
28registered under this act and which operates outside of a
29registered facility at a fixed location for a period of time of
30not more than seven consecutive days in conjunction with a
1single event or celebration.
2"Tongue splitting." The cutting of a human tongue into two
3or more parts.
4Section 4. Registry.
5The department shall, by regulation, establish the Tattoo,
6Body-piercing and Corrective Cosmetic Artists Central Registry.
7All persons who perform tattooing, body-piercing or corrective
8cosmetic services within this Commonwealth must meet the
9requirements of this act and register with the department on
10forms provided by the department.
11Section 5. Powers and duties of department.
12(a) General rule.--The department, in the exercise of its
13duties under this act, shall have the power to adopt such
14regulations as are reasonably necessary to carry out the
15purposes of this act. Regulations shall be adopted in conformity
16with the provisions of the act of June 25, 1982 (P.L.633, No.
17181), known as the Regulatory Review Act, and shall include, but
18not be limited to:
19(1) Tattoo, body-piercing and corrective cosmetic
20establishment registration and facility registration
21requirements, including, but not limited to:
22(i) Physical location.
23(ii) Specifications of walls, ceilings, floors,
24partitions, fixtures, equipment and other appurtenances.
25(iii) Lighting.
26(iv) Ventilation.
27(v) Water supply.
28(vi) Liquid waste disposal.
29(vii) Refuse storage and disposal.
30(viii) Toilets and lavatories.
1(ix) Sinks.
2(x) Insect and rodent control.
3(2) Temporary establishment registration requirements.
4(3) Tattoo artist and body-piercing artist registration
5requirements.
6(4) Apprentice tattoo artist and body-piercing artist
7registration requirements.
8(5) Development and maintenance of and registration in
9the registry.
10(6) Tattoo artist and body-piercing artist hygiene.
11(7) Health, sanitization, sterilization and safety
12standards for tattoo, body-piercing or corrective cosmetic
13establishments and temporary establishments.
14(8) Tattoo and body-piercing establishment and temporary
15establishment recordkeeping.
16(9) Qualifications for the registration of corrective
17cosmetic artists.
18(10) Tongue splitting.
19(b) Examination.--The department shall require the
20successful completion of a written examination regarding health,
21sanitization, sterilization and safety standards prior to
22issuing a registration to any tattoo artist, body-piercing
23artist or corrective cosmetic artist.
24(c) Registration.--The department shall register:
25(1) Any applicant who successfully passes the
26examination and meets the requirements for registration in
27accordance with the regulations promulgated under this act.
28(2) Any tattoo or body-piercing establishment or
29temporary establishment which has been inspected and meets
30facility requirements in accordance with the regulations
1where tattooing, body-piercing or corrective cosmetic
2services will be performed.
3(d) Inspection.--The department shall inspect every
4establishment at which tattooing, body piercing or corrective
5cosmetics are performed prior to issuing a facility
6registration. The department may also conduct inspections of
7registered facilities and temporary establishments as the
8department deems necessary to carry out this act. The inspection
9shall insure that required sterilization, sanitation and safety
10standards are maintained.
11(e) Fees.--All fees required under this act shall be fixed
12by the department by regulation and shall be subject to the act
13of June 25, 1982 (P.L.633, No.181), known as the Regulatory
14Review Act.
15(f) Limitation.--Nothing in this act shall be construed to
16permit the department to regulate artistic aspects of tattooing,
17body piercing or corrective cosmetics which are unrelated to
18health, sanitization, sterilization or safety standards.
19(g) Departmental actions.--All actions of the department in
20accordance with this act which result in a refusal to issue a
21registration for reasons other than failure to pass a written
22examination required by this act or action which suspends or
23revokes a registration shall be subject to the right of notice,
24hearing and adjudication and the right of appeal therefrom in
25accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
26and procedure of Commonwealth agencies).
27Section 6. Duties and responsibilities of artists.
28(a) Health of tattoo artists and body-piercing artists.--The
29department shall establish by regulation minimum health
30standards for all registrants and persons working in any area of
1a tattoo or body-piercing establishment which may be necessary
2to prevent the contamination of tattoo or body-piercing
3equipment, supplies or work surfaces with pathogenic organisms.
4(b) Infectious disease.--A notarized statement from a
5licensed physician shall be provided to the department, prior to
6the issuance of a registration under this act, confirming that
7the artist was examined by the physician, a test of the artist's
8blood was made and the results of that test indicate that:
9(1) the artist is free from all contagious and
10infectious diseases, including hepatitis B;
11(2) the artist has either completed or was offered and
12declined a vaccination series;
13(3) antibody testing reveals that the artist is immune
14to certain diseases; or
15(4) a vaccine is contradicted for medical reasons.
16(c) Notifications.--Verbal and written instructions for the
17care of the tattooed or pierced site on the body shall be
18provided to each customer by the tattoo artist or body-piercing
19artist upon the completion of the procedure. The written
20instructions shall advise the customer to consult a physician at
21the first sign of infection and contain the name, address and
22telephone number of the tattoo or body-piercing establishment.
23Section 7. Minors.
24(a) Prohibitions.--It shall be unlawful for any person to
25perform tattooing or body-piercing services on any other person
26under 18 years of age without the written consent of a parent or
27legal guardian of that other person.
28(b) Regulations.--The department shall promulgate
29regulations establishing standards for verification of age and
30documentation of consent.
1(c) Revocation.--Any person who performs tattooing or body-
2piercing services on any body part of a person under 18 years of
3age without proper consent as established in subsection (a)
4shall have the registration under this act revoked for two
5years.
6(d) Registration.--Any person who violates subsection (a)
7may not be registered for two years from the date of violation
8or revocation, whichever is later.
9Section 8. Powers of municipalities.
10(a) Municipal ordinances preserved.--Nothing in this act
11shall supersede the power of a municipality to inspect tattoo or
12body-piercing establishments or temporary establishments, to
13regulate the manner in which tattooing or body piercing may be
14performed, to levy lawful taxes and fees and to require the
15purchase of a business privilege license unrelated to competence
16in the practice of tattooing or body piercing. No municipality
17shall require a tattoo artist or body-piercing artist registered
18under this act to obtain a municipal license to engage in
19tattoo, temporary tattoo or body-piercing services in the
20municipality. Nothing in this act shall preclude a municipality
21from denying or revoking a local permit for failure to comply
22with a local ordinance not inconsistent with this act or
23regulations of the department promulgated under this act.
24(b) Failure to comply with local ordinance.--A registrant
25under this act who fails to comply with a municipal ordinance
26concerning the inspection of tattoo or body-piercing
27establishments or temporary establishments, or the manner in
28which the municipality requires tattoo and body-piercing
29services to be performed, shall be subject to disciplinary
30proceedings under this act.
1Section 9. Unlawful acts.
2(a) Unregistered practice.--It is unlawful for any person to
3practice tattooing, body piercing or corrective cosmetics, or to
4hold himself out as a practitioner of or entitled or authorized
5to practice tattooing, body piercing or corrective cosmetics, or
6to assume any title of "tattooist," "tattoo artist," "body-
7piercer," "body-piercing artist," "corrective cosmetics artist"
8or other letters or titles in connection with that person's name
9which in any way represents himself as being engaged in the
10practice of tattooing, body piercing or corrective cosmetics, or
11authorized to do so, unless that person has been duly registered
12and authorized to engage in the practice under this act.
13(b) Unregistered facilities.--It is unlawful for any person
14to operate a tattoo, body-piercing or corrective cosmetic
15establishment or temporary establishment that is not registered
16with the department.
17(c) Injections.--It is unlawful for a tattoo artist, body-
18piercing artist or corrective cosmetic artist to administer
19anesthetic injections or other medications and prescription
20drugs.
21(d) Facial tattoos.--It is unlawful for any person other
22than a corrective cosmetic artist registered under this act, or
23a physician or surgeon licensed in this Commonwealth, to perform
24facial tattoo services on any other person.
25Section 10. Tongue splitting limitation.
26(a) General rule.--A person shall not perform tongue
27splitting on another person unless the tongue splitting is
28performed by a physician or dentist licensed in this
29Commonwealth.
30(b) Grading.--Any person who violates the provisions of this
1section commits a misdemeanor of the first degree for a first
2offense and a felony of the third degree for a second or
3subsequent offense.
4Section 11. Disciplinary matters.
5(a) General.--The department may suspend or revoke any
6registration issued under this act for any of the following
7reasons:
8(1) Failing to demonstrate the qualifications or
9standards for a registration contained in this act or
10regulations of the department.
11(2) Making misleading, deceptive, untrue or fraudulent
12representations in obtaining a registration.
13(3) Being unable to practice with reasonable skill and
14safety to the public by reason of illness, addiction to drugs
15or alcohol, having been convicted of a felonious act
16prohibited by the act of April 14, 1972 (P.L.233, No.64),
17known as The Controlled Substance, Drug, Device and Cosmetic
18Act, or convicted of a felony relating to a controlled
19substance in a court of law of the United States or any other
20state, territory, possession or country, or of mental
21incompetency. An applicant's statement on the application
22declaring the absence of a conviction shall be deemed
23satisfactory evidence of the absence of a conviction unless
24the department has some evidence to the contrary.
25(4) Violating a lawful regulation promulgated by the
26department or violating a lawful order of the department
27previously entered by the department in a disciplinary
28proceeding.
29(5) Knowingly maintaining a professional connection or
30association with any person who is in violation of this act
1or regulation of the department or knowingly aiding,
2assisting, procuring or advising any unregistered person to
3practice a profession contrary to this act or regulations of
4the department.
5(6) Acting in such manner as to present an immediate and
6clear danger to public health or safety.
7(7) Making a false or deceptive biennial registration
8with the department.
9(b) Authorized actions.--In addition to taking disciplinary
10or corrective action against a registrant under this act or
11pursuant to other statutory authority, the department may:
12(1) Deny the application for a registration or any other
13privilege granted by the department.
14(2) Revoke, suspend, limit or otherwise restrict a
15registration.
16(3) Stay enforcement of any suspension and place a
17registrant on probation with the right to vacate the
18probationary order for noncompliance.
19(c) Failure to comply with conditions.--Failure of a
20registrant to comply with the conditions required by the
21department shall be grounds for reconsideration of the matter
22and institution of formal charges against the registrant.
23(d) Reinstatement of registration.--Unless ordered to do so
24by the Commonwealth Court or on appeal therefrom, the department
25may not reinstate the registration of a person which has been
26revoked for two years from the date of violation or revocation,
27whichever is later. Any person whose registration has been
28revoked may apply for reinstatement, after a period of at least
29two years, but must meet all of the registration requirements of
30this act, including the examination requirement, if that person
1desires to practice the art of tattooing, body piercing or
2corrective cosmetics under this act at any time after such
3revocation.
4(e) Surrender of suspended or revoked registration.--The
5department shall require a person whose registration has been
6suspended or revoked to return the registration in such manner
7as the department directs.
8Section 12. Penalties.
9Any person who violates any provision of this act commits a
10misdemeanor of the third degree and shall, upon conviction, be
11sentenced to pay a fine of not more than $1,000 or to
12imprisonment for not more than three months, or both.
13Section 13. Injunctive relief.
14It shall be unlawful for any person to practice or attempt to
15offer to practice tattooing, body piercing or corrective
16cosmetics without having at the time of so doing a valid,
17unexpired, unrevoked and unsuspended registration issued under
18this act. The unlawful practice of tattooing, body piercing or
19corrective cosmetics may be enjoined by the courts on petition
20of the department. In any such proceeding it shall not be
21necessary to show that any person is individually injured by the
22actions complained of. If it is found that the respondent has
23engaged in the unlawful practice of tattooing or body piercing,
24the court shall enjoin the respondent from so practicing unless
25and until the respondent registers with the department. This
26procedure in such cases shall be the same as in any other
27injunction suit. The remedy by injunction authorized by this
28section shall be in addition to any other civil or criminal
29prosecution and punishment authorized by law.
30Section 14. Exemptions.
1(a) General rule.--Nothing in this act shall prevent:
2(1) a physician or surgeon licensed in this Commonwealth
3from performing body-piercing or tattooing services for
4medical reasons; or
5(2) a funeral director licensed in this Commonwealth
6from performing body-piercing or tattooing services as
7required by that profession.
8(b) Physician-based corrective cosmetics establishments.--
9Nothing in this act shall require the registration of corrective
10cosmetics establishments physically located in a licensed
11physician's office, hospital or clinic. Those establishments
12shall also be exempt from facility requirements as provided for
13in section 5(a)(1).
14Section 15. Effective date.
15This act shall take effect as follows:
16(1) Section 5(a) shall take effect in two years.
17(2) Section 10 shall take effect in 60 days.
18(3) This section shall take effect immediately.
19(4) The remainder of this act shall take effect in 180
20days.
