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05/20/2024 05:47 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20230&cosponId=41233
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: July 31, 2023 10:28 AM
From: Senator Rosemary M. Brown
To: All Senate members
Subject: Tattoo Practice Act
 
In the near future, I will be introducing legislation, similar to House Bill 1975 of 2021-22, which I prime-sponsored in the House of Representatives, to create the Tattoo Practice Act within the Department of Health. The purpose of this legislation is to require the licensure or registration of tattoo artists, guest tattoo artists, tattoo establishments and temporary tattoo establishments and ensure that consumers receive adequate health protections. 
 
This legislation is being introduced in response to an owner of a tattoo establishment in my district who approached me inquiring why Pennsylvania did not license or inspect tattoo establishments. After further research, I must admit, I was surprised, as I believe most customers are as well, that there is no oversight of this industry. A tattoo procedure breaks and opens the skin with needles, creating a prime environment for blood-borne pathogen infections.  If sanitary measures are not followed, the opportunity for serious infections are possible. 
 
This owner had an establishment both in New Jersey and Pennsylvania and noted the strong differences for consumer protections as well as the high standards that help create a respected and professional environment. The owner’s frustrations with fixing bad tattoos, witnessing serious infections and learning of tattooing occurring in unsanitary spaces (such as garages) has confirmed why this legislation and appropriate oversight is necessary.
 
I began my research and work on building licensing with a balance.  With over 40 percent of Americans with at least one tattoo, the goal of this legislation is to strengthen consumer protection and minimize the chance of transmitting a serious blood borne pathogen or communicable disease (I.e.: Hepatitis, HIV, Staph (which can lead to Sepsis etc.)  After working on this for several years and introducing several drafts, one of which was voted on by the full House, I have found that the Florida model has one of the most straightforward statutes where they license and require sanitation without being burdensome or too costly to the tattoo artists and the industry. 
 
My legislation will require a tattoo establishment to be licensed and registered with the Department of Health (DOH) and pay an annual fee that is not to exceed $250. These establishments would be inspected upon the initial opening and then the DOH would be responsible for randomly inspecting 20 percent of the Commonwealth’s tattoo establishments yearly.  The tattoo establishment shall display an active license visible to the public and ensure that each tattoo artist or guest tattoo artist meets all applicable requirements established by the DOH.  In addition, they must also contain sanitary conditions and comply with all state and local health laws, regulations, and ordinances.
 
The individual tattoo artist would also be licensed and pay a yearly fee not to exceed $150.  The applicant must include the address of each establishment where they perform tattoo work and submit proof that they have completed an education course approved by DOH on blood borne pathogen and communicable diseases.
 
Additionally, there will also be a Temporary Establishment License and a Guest Tattoo Artist License that will be offered for conventions, temporary locations etc. for a limited time frame of 14 days where the same provisions must be standard.
 
As you may know, the tattooing of children under the age of 18 is still prohibited unless a parent or guardian gives their consent. It is important to note that my legislation does not change what is currently enacted in law.
 
Lastly, this legislation will also address the growing trend of permanent makeup allowing for licensure, sanitary provisions, and business growth.
 
Please join me in co-sponsoring this consumer protection legislation for tattoo establishments, tattoo artists and customers. These safeguards will assist in protecting public health, ensuring educational requirements are met for these services and building the professionalism of an industry valued by artists.
 
If you have any questions regarding this legislation, please contact Christine Zubeck in my office at 717-787-6123 or czubeck@psen.gov. Thank you for your consideration.