PRINTER'S NO.  707

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

645

Session of

2009

  

  

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

  

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Regulating tattoo, body-piercing and corrective cosmetic

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artists; limiting tongue splitting; providing for powers and

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duties of the Department of Health; and imposing penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Tattoo, Body-

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piercing and Corrective Cosmetic Artists Act.

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Section 2.  Legislative intent.

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It is the intent of the General Assembly to direct the

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Department of Health to establish health standards for the

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practice of tattooing, body piercing and corrective cosmetics

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within this Commonwealth. This will be achieved through the

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imposition of regulations and the registration of all tattoo

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artists, body-piercing artists and corrective cosmetic artists

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with the Department of Health.

 


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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Body piercing."  The process of breaching the skin or mucous

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membrane for the purpose of insertion of any object, including,

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but not limited to, jewelry for cosmetic purposes. The term does

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not include ear piercing or nail piercing.

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"Body-piercing artist."  Any person who actually performs

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body piercing or who operates, conducts or manages any body-

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piercing establishment.

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"Corrective cosmetic artist."  Any person who actually

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performs corrective cosmetics.

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"Corrective cosmetics."  The application of tattoos on a live

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human being for medical situations that otherwise could not be

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corrected or improved, including, but not limited to, burn

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scars, acne scars, age spots and skin discoloration due to loss

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of pigmentation.

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"Department."  The Department of Health of the Commonwealth.

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"Facial tattoo."  A tattoo applied above the neck, including,

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but not limited to, eyelids, eyebrows or lips.

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"Infectious disease."  A disease of humans or animals

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resulting from a transmissible infection, whether or not patent,

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apparent, inapparent, latent, clinical or subclinical.

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"Registry."  The Tattoo, Body-piercing and Corrective

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Cosmetic Artists Central Registry.

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"Sanitization."  The reduction of the population of

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microorganisms to safe levels as determined by public health

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officials.

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"Sterilization."  The process of destruction of all forms of

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life by physical or chemical means.

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"Tattoo."  The indelible mark, figure or decorative design

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introduced by insertion of nontoxic dyes or pigments into or

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under the subcutaneous portion of the skin or by the production

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of scars upon the body of a live human being.

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"Tattoo artist."  Any person who actually performs tattooing

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or who operates, conducts or manages any tattoo establishment.

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"Tattooing."  The process by which the skin is marked or

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colored by insertion of nontoxic dyes or pigments into or under

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the subcutaneous portion of the skin so as to form indelible

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marks for cosmetic or figurative purposes.

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"Temporary establishment."  An establishment which performs

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tattooing, body piercing, or both, is operated by an individual

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registered under this act and which operates outside of a

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registered facility at a fixed location for a period of time of

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not more than seven consecutive days in conjunction with a

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single event or celebration.

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"Tongue splitting."  The cutting of a human tongue into two

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or more parts.

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Section 4.  Registry.

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The department shall, by regulation, establish the Tattoo,

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Body-piercing and Corrective Cosmetic Artists Central Registry.

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All persons who perform tattooing, body-piercing or corrective

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cosmetic services within this Commonwealth must meet the

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requirements of this act and register with the department on

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forms provided by the department.

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Section 5.  Powers and duties of department.

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(a)  General rule.--The department, in the exercise of its

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duties under this act, shall have the power to adopt such

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regulations as are reasonably necessary to carry out the

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purposes of this act. Regulations shall be adopted in conformity

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with the provisions of the act of June 25, 1982 (P.L.633, No.

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181), known as the Regulatory Review Act, and shall include, but

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not be limited to:

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(1)  Tattoo, body-piercing and corrective cosmetic

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establishment registration and facility registration

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requirements, including, but not limited to:

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(i)  Physical location.

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(ii)  Specifications of walls, ceilings, floors,

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partitions, fixtures, equipment and other appurtenances.

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(iii)  Lighting.

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(iv)  Ventilation.

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(v)  Water supply.

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(vi)  Liquid waste disposal.

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(vii)  Refuse storage and disposal.

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(viii)  Toilets and lavatories.

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(ix)  Sinks.

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(x)  Insect and rodent control.

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(2)  Temporary establishment registration requirements.

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(3)  Tattoo artist and body-piercing artist registration

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requirements.

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(4)  Apprentice tattoo artist and body-piercing artist

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registration requirements.

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(5)  Development and maintenance of and registration in

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the Tattoo, Body-piercing and Corrective Cosmetic Artists

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Central Registry.

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(6)  Tattoo artist and body-piercing artist hygiene.

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(7)  Health, sanitization, sterilization and safety

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standards for tattoo, body-piercing or corrective cosmetic

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establishments and temporary establishments.

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(8)  Tattoo and body-piercing establishment and temporary

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establishment recordkeeping.

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(9)  Qualifications for the registration of corrective

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cosmetic artists.

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(10)  Tongue splitting.

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(b)  Examination.--The department shall require the

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successful completion of a written examination regarding health,

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sanitization, sterilization and safety standards prior to

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issuing a registration to any tattoo artist, body-piercing

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artist or corrective cosmetic artist.

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(c)  Registration.--The department shall register:

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(1)  Any applicant who successfully passes the

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examination and meets the requirements for registration in

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accordance with the regulations promulgated under this act.

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(2)  Any tattoo or body-piercing establishment or

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temporary establishment which has been inspected and meets

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facility requirements in accordance with the regulations

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where tattooing, body-piercing or corrective cosmetic

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services will be performed.

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(d)  Inspection.--The department shall inspect every

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establishment at which tattooing, body piercing or corrective

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cosmetics are performed prior to issuing a facility

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registration. The department may also conduct inspections of

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registered facilities and temporary establishments as the

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department deems necessary to carry out this act. The inspection

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shall insure that required sterilization, sanitation and safety

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standards are maintained.

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(e)  Fees.--All fees required under this act shall be fixed

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by the department by regulation and shall be subject to the act

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of June 25, 1982 (P.L.633, No.181), known as the Regulatory

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Review Act.

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(f)  Limitation.--Nothing in this act shall be construed to

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permit the department to regulate artistic aspects of tattooing,

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body piercing or corrective cosmetics which are unrelated to

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health, sanitization, sterilization or safety standards.

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(g)  Departmental actions.--All actions of the department in

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accordance with this act which result in a refusal to issue a

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registration for reasons other than failure to pass a written

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examination required by this act or action which suspends or

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revokes a registration shall be subject to the right of notice,

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hearing and adjudication and the right of appeal therefrom in

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accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice

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and procedure of Commonwealth agencies).

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Section 6.  Duties and responsibilities of artists.

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(a)  Health of tattoo artists and body-piercing artists.--The

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department shall establish by regulation minimum health

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standards for all registrants and persons working in any area of

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a tattoo or body-piercing establishment which may be necessary

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to prevent the contamination of tattoo or body-piercing

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equipment, supplies or work surfaces with pathogenic organisms.

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(b)  Infectious disease.--A notarized statement from a

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licensed physician shall be provided to the department, prior to

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the issuance of a registration under this act, confirming that

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the artist was examined by the physician, a test of the artist's

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blood was made and the results of that test indicate that:

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(1)  the artist is free from all contagious and

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infectious diseases, including hepatitis B;

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(2)  the artist has either completed or was offered and

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declined a vaccination series;

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(3)  antibody testing reveals that the artist is immune

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to certain diseases; or

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(4)  a vaccine is contradicted for medical reasons.

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(c)  Notifications.--Verbal and written instructions for the

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care of the tattooed or pierced site on the body shall be

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provided to each customer by the tattoo artist or body-piercing

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artist upon the completion of the procedure. The written

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instructions shall advise the customer to consult a physician at

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the first sign of infection and contain the name, address and

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telephone number of the tattoo or body-piercing establishment.

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Section 7.  Minors.

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(a)  Prohibitions.--It shall be unlawful for any person to

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perform tattooing or body-piercing services on any other person

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under 18 years of age without the written consent of a parent or

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legal guardian of that other person.

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(b)  Regulations.--The department shall promulgate

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regulations establishing standards for verification of age and

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documentation of consent.

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(c)  Revocation.--Any person who performs tattooing or body-

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piercing services on any body part of a person under 18 years of

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age without proper consent as established in subsection (a)

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shall have the registration under this act revoked for two

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years.

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(d)  Registration.--Any person who violates subsection (a)

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may not be registered for two years from the date of violation

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or revocation, whichever is later.

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Section 8.  Powers of municipalities.

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(a)  Municipal ordinances preserved.--Nothing in this act

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shall supersede the power of a municipality to inspect tattoo or

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body-piercing establishments or temporary establishments, to

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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

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purchase of a business privilege license unrelated to competence

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in the practice of tattooing or body piercing. No municipality

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shall require a tattoo artist or body-piercing artist registered

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under this act to obtain a municipal license to engage in

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tattoo, temporary tattoo or body-piercing services in the

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municipality. Nothing in this act shall preclude a municipality

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from denying or revoking a local permit for failure to comply

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with a local ordinance not inconsistent with this act or

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regulations of the department promulgated under this act.

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(b)  Failure to comply with local ordinance.--A registrant

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under this act who fails to comply with a municipal ordinance

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concerning the inspection of tattoo or body-piercing

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establishments or temporary establishments, or the manner in

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which the municipality requires tattoo and body-piercing

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services to be performed, shall be subject to disciplinary

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proceedings under this act.

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Section 9.  Unlawful acts.

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(a)  Unregistered practice.--It is unlawful for any person to

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practice tattooing, body piercing or corrective cosmetics, or to

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hold himself out as a practitioner of or entitled or authorized

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to practice tattooing, body piercing or corrective cosmetics, or

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to assume any title of "tattooist," "tattoo artist," "body-

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piercer," "body-piercing artist," "corrective cosmetics artist"

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or other letters or titles in connection with that person's name

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which in any way represents himself as being engaged in the

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practice of tattooing, body piercing or corrective cosmetics, or

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authorized to do so, unless that person has been duly registered

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and authorized to engage in the practice under this act.

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(b)  Unregistered facilities.--It is unlawful for any person

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to operate a tattoo, body-piercing or corrective cosmetic

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establishment or temporary establishment that is not registered

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with the department.

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(c)  Injections.--It is unlawful for a tattoo artist, body-

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piercing artist or corrective cosmetic artist to administer

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anesthetic injections or other medications and prescription

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drugs.

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(d)  Facial tattoos.--It is unlawful for any person other

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than a corrective cosmetic artist registered under this act, or

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a physician or surgeon licensed in this Commonwealth, to perform

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facial tattoo services on any other person.

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Section 10.  Tongue splitting limitation.

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(a)  General rule.--A person shall not perform tongue

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splitting on another person unless the tongue splitting is

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performed by a physician or dentist licensed in this

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Commonwealth.

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(b)  Grading.--Any person who violates the provisions of this

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section commits a misdemeanor of the first degree for a first

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offense and a felony of the third degree for a second or

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subsequent offense.

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Section 11.  Disciplinary matters.

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(a)  General.--The department may suspend or revoke any

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registration issued under this act for any of the following

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reasons:

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(1)  Failing to demonstrate the qualifications or

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standards for a registration contained in this act or

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regulations of the department.

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(2)  Making misleading, deceptive, untrue or fraudulent

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representations in obtaining a registration.

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(3)  Being unable to practice with reasonable skill and

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safety to the public by reason of illness, addiction to drugs

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or alcohol, having been convicted of a felonious act

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prohibited by the act of April 14, 1972 (P.L.233, No.64),

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known as The Controlled Substance, Drug, Device and Cosmetic

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Act, or convicted of a felony relating to a controlled

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substance in a court of law of the United States or any other

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state, territory, possession or country, or of mental

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incompetency. An applicant's statement on the application

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declaring the absence of a conviction shall be deemed

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satisfactory evidence of the absence of a conviction unless

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the department has some evidence to the contrary.

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(4)  Violating a lawful regulation promulgated by the

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department or violating a lawful order of the department

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previously entered by the department in a disciplinary

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proceeding.

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(5)  Knowingly maintaining a professional connection or

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association with any person who is in violation of this act

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or regulation of the department or knowingly aiding,

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assisting, procuring or advising any unregistered person to

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practice a profession contrary to this act or regulations of

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the department.

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(6)  Acting in such manner as to present an immediate and

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clear danger to public health or safety.

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(7)  Making a false or deceptive biennial registration

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with the department.

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(b)  Authorized actions.--In addition to taking disciplinary

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or corrective action against a registrant under this act or

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pursuant to other statutory authority, the department may:

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(1)  Deny the application for a registration or any other

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privilege granted by the department.

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(2)  Revoke, suspend, limit or otherwise restrict a

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registration.

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(3)  Stay enforcement of any suspension and place a

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registrant on probation with the right to vacate the

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probationary order for noncompliance.

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(c)  Failure to comply with conditions.--Failure of a

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registrant to comply with the conditions required by the

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department shall be grounds for reconsideration of the matter

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and institution of formal charges against the registrant.

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(d)  Reinstatement of registration.--Unless ordered to do so

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by the Commonwealth Court or on appeal therefrom, the department

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may not reinstate the registration of a person which has been

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revoked for two years from the date of violation or revocation,

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whichever is later. Any person whose registration has been

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revoked may apply for reinstatement, after a period of at least

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two years, but must meet all of the registration requirements of

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this act, including the examination requirement, if that person

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desires to practice the art of tattooing, body piercing or

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corrective cosmetics under this act at any time after such

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revocation.

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(e)  Surrender of suspended or revoked registration.--The

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department shall require a person whose registration has been

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suspended or revoked to return the registration in such manner

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as the department directs.

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Section 12.  Penalties.

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Any person who violates any provision of this act commits a

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misdemeanor of the third degree and shall, upon conviction, be

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sentenced to pay a fine of not more than $1,000 or to

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imprisonment for not more than three months, or both.

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Section 13.  Injunctive relief.

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It shall be unlawful for any person to practice or attempt to

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offer to practice tattooing, body piercing or corrective

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cosmetics without having at the time of so doing a valid,

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unexpired, unrevoked and unsuspended registration issued under

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this act. The unlawful practice of tattooing, body piercing or

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corrective cosmetics may be enjoined by the courts on petition

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of the department. In any such proceeding it shall not be

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necessary to show that any person is individually injured by the

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actions complained of. If it is found that the respondent has

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engaged in the unlawful practice of tattooing or body piercing,

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the court shall enjoin the respondent from so practicing unless

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and until the respondent registers with the department. This

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procedure in such cases shall be the same as in any other

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injunction suit. The remedy by injunction authorized by this

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section shall be in addition to any other civil or criminal

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prosecution and punishment authorized by law.

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Section 14.  Exemptions.

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(a)  General rule.--Nothing in this act shall prevent:

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(1)  a physician or surgeon licensed in this Commonwealth

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from performing body-piercing or tattooing services for

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medical reasons; or

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(2)  a funeral director licensed in this Commonwealth

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from performing body-piercing or tattooing services as

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required by that profession.

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(b)  Physician-based corrective cosmetics establishments.--

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Nothing in this act shall require the registration of corrective

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cosmetics establishments physically located in a licensed

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physician's office, hospital or clinic. Those establishments

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shall also be exempt from facility requirements as provided for

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in section 5(a)(1).

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Section 15.  Effective date.

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This act shall take effect as follows:

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(1)  Section 5(a) shall take effect in two years.

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(2)  Section 10 shall take effect in 60 days.

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(3)  This section shall take effect immediately.

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(4)  The remainder of this act shall take effect in 180

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days.

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