Bill Text: SC H4426 | 2017-2018 | 122nd General Assembly | Amended


Bill Title: Body piercing facilities

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2018-03-27 - Referred to Committee on Medical Affairs [H4426 Detail]

Download: South_Carolina-2017-H4426-Amended.html

AMENDED

March 21, 2018

H. 4426

Introduced by Reps. Henderson, Henegan and W. Newton

S. Printed 3/21/18--H.    [SEC 3/23/18 8:55 AM]

Read the first time January 9, 2018.

            

A BILL

TO AMEND SECTION 44-32-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF BODY PIERCING FACILITIES, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE MONETARY PENALTIES.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 44-32-20(B) of the 1976 Code is amended to read:

"(B)    Prior to applying to the department for a permit license, a body piercing facility must ensure that all body piercing technicians obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department; the body piercing facility must then apply for and obtain a permit license issued by the department, who shall issue such permits licenses, renewable annually, upon presentation of a certificate of each body piercing technician's initial and annual certification of successful completion of a course in blood-borne pathogens and body piercing infection control and payment of an annual permitting license fee of three hundred dollars per body piercing facility."

SECTION    2.    Section 44-32-40(A) of the 1976 Code is amended to read:

"(A)    Every person engaged in the business of body piercing shall register by October 1, 2000, with the department. Upon completion of all the requirements of permitting licensing, the body piercing facility shall receive a body piercing permit license. A permitted licensed facility shall:

(1)    obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;

(2)    provide the department with its business address and the address at which the permittee licensee performs any activity regulated by this chapter;

(3)    pay an annual permit license fee of three hundred dollars to the department;

(4)    post the body piercing facility permit license in a conspicuous place on the premises of a licensed body piercing facility."

SECTION    3.    Section 44-32-50(A) of the 1976 Code is amended to read:

"(A)    A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid certification or an American Safety and Health Institute certification, or certification from a program that meets or exceeds the certification standards of the Red Cross First Aid or the American Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR) certification. The Red Cross First Aid certification must be renewed every three years, and the Adult CPR certification must be renewed annually. A body piercing technician must conspicuously display:

(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and

(2) the annual permit license issued by the department."

SECTION    4.    Section 44-32-60(A) of the 1976 Code is amended to read:

"(A)    The department may conduct the following inspections of the locations at which permittees licensees under this chapter conduct regulated activities:

(1) an initial inspection which must be successfully completed as a condition of permitting licensure;

(2) an inspection after any complaint is filed with the department; and

(3) no-notice inspections which may be conducted by the department at any time without previous notification to the body piercing facility."

SECTION    5.    Section 44-32-80 of the 1976 Code is amended to read:

"Section 44-32-80.    The department may revoke, suspend, or refuse to issue or renew a permit license pursuant to this chapter or may place a body piercing facility on probation, and also may impose a monetary penalty as established in regulation promulgated by the department on a body piercing facility or person upon proof that the operator of the facility under this chapter or a person has:

(1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;

(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;

(3) obtained a body piercing facility license through fraud or deceit; or

(4) violated any applicable law or regulation; or

(5)    operated a body piercing facility without a license as required by this chapter."

SECTION    6.    This act takes effect upon approval by the Governor.

feedback