THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, KOTIK, GINGRICH, HESS, MILNE, QUINN AND SCHMOTZER, SEPTEMBER 18, 2012

REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 18, 2012  

AN ACT

Regulating tattoo, body-piercing and corrective cosmetic

artists; limiting tongue splitting; providing for powers and

duties of the Department of Health; and imposing penalties.

TABLE OF CONTENTS

Section 1.  Short title.

Section 2.  Legislative intent.

Section 3.  Definitions.

Section 4.  Registry.

Section 5.  Powers and duties of department.

Section 6.  Duties and responsibilities of artists.

Section 7.  Minors.

Section 8.  Powers of municipalities.

Section 9.  Unlawful acts.

Section 10.  Tongue splitting limitation.

Section 11.  Disciplinary matters.

Section 12.  Penalties.

Section 13.  Injunctive relief.

Section 14.  Exemptions.

Section 15.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

piercing and Corrective Cosmetic Artists Act.

Section 2.  Legislative intent.

It is the intent of the General Assembly to direct the

Department of Health to establish health standards for the

practice of tattooing, body piercing and corrective cosmetics

within this Commonwealth. This will be achieved through the

imposition of regulations and the registration of all tattoo

artists, body-piercing artists and corrective cosmetic artists

with the Department of Health.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

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

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

not include ear piercing or nail piercing.

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

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

piercing establishment.

"Corrective cosmetic artist."  Any person who actually

performs corrective cosmetics.

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

human being for medical situations that otherwise could not be

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

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

of pigmentation.

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

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

but not limited to, eyelids, eyebrows or lips.

"Infectious disease."  A disease of humans or animals

resulting from a transmissible infection, whether or not patent,

apparent, inapparent, latent, clinical or subclinical.

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

Cosmetic Artists Central Registry.

"Sanitization."  The reduction of the population of

microorganisms to safe levels as determined by public health

officials.

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

life by physical or chemical means.

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

introduced by insertion of nontoxic dyes or pigments into or

under the subcutaneous portion of the skin or by the production

of scars upon the body of a live human being.

"Tattoo artist."  Any person who actually performs tattooing

or who operates, conducts or manages any tattoo establishment.

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

colored by insertion of nontoxic dyes or pigments into or under

the subcutaneous portion of the skin so as to form indelible

marks for cosmetic or figurative purposes.

"Temporary establishment."  An establishment which performs

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

registered under this act and which operates outside of a

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

not more than seven consecutive days in conjunction with a

single event or celebration.

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

or more parts.

Section 4.  Registry.

The department shall, by regulation, establish the Tattoo,

Body-piercing and Corrective Cosmetic Artists Central Registry.

All persons who perform tattooing, body-piercing or corrective

cosmetic services within this Commonwealth must meet the

requirements of this act and register with the department on

forms provided by the department.

Section 5.  Powers and duties of department.

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

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

regulations as are reasonably necessary to carry out the

purposes of this act. Regulations shall be adopted in conformity

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

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

not be limited to:

(1)  Tattoo, body-piercing and corrective cosmetic

establishment registration and facility registration

requirements, including, but not limited to:

(i)  Physical location.

(ii)  Specifications of walls, ceilings, floors,

partitions, fixtures, equipment and other appurtenances.

(iii)  Lighting.

(iv)  Ventilation.

(v)  Water supply.

(vi)  Liquid waste disposal.

(vii)  Refuse storage and disposal.

(viii)  Toilets and lavatories.

(ix)  Sinks.

(x)  Insect and rodent control.

(2)  Temporary establishment registration requirements.

(3)  Tattoo artist and body-piercing artist registration

requirements.

(4)  Apprentice tattoo artist and body-piercing artist

registration requirements.

(5)  Development and maintenance of and registration in

the Tattoo, Body-piercing and Corrective Cosmetic Artists

Central Registry.

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

(7)  Health, sanitization, sterilization and safety

standards for tattoo, body-piercing or corrective cosmetic

establishments and temporary establishments.

(8)  Tattoo and body-piercing establishment and temporary

establishment recordkeeping.

(9)  Qualifications for the registration of corrective

cosmetic artists.

(10)  Tongue splitting.

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

successful completion of a written examination regarding health,

sanitization, sterilization and safety standards prior to

issuing a registration to any tattoo artist, body-piercing

artist or corrective cosmetic artist.

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

(1)  Any applicant who successfully passes the

examination and meets the requirements for registration in

accordance with the regulations promulgated under this act.

(2)  Any tattoo or body-piercing establishment or

temporary establishment which has been inspected and meets

facility requirements in accordance with the regulations

where tattooing, body-piercing or corrective cosmetic

services will be performed.

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

establishment at which tattooing, body piercing or corrective

cosmetics are performed prior to issuing a facility

registration. The department may also conduct inspections of

registered facilities and temporary establishments as the

department deems necessary to carry out this act. The inspection

shall insure that required sterilization, sanitation and safety

standards are maintained.

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

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

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

Review Act.

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

permit the department to regulate artistic aspects of tattooing,

body piercing or corrective cosmetics which are unrelated to

health, sanitization, sterilization or safety standards.

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

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

registration for reasons other than failure to pass a written

examination required by this act or action which suspends or

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

hearing and adjudication and the right of appeal therefrom in

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

and procedure of Commonwealth agencies).

Section 6.  Duties and responsibilities of artists.

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

department shall establish by regulation minimum health

standards for all registrants and persons working in any area of

a tattoo or body-piercing establishment which may be necessary

to prevent the contamination of tattoo or body-piercing

equipment, supplies or work surfaces with pathogenic organisms.

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

licensed physician shall be provided to the department, prior to

the issuance of a registration under this act, confirming that

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

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

(1)  the artist is free from all contagious and

infectious diseases, including hepatitis B;

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

declined a vaccination series;

(3)  antibody testing reveals that the artist is immune

to certain diseases; or

(4)  a vaccine is contradicted for medical reasons.

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

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

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

artist upon the completion of the procedure. The written

instructions shall advise the customer to consult a physician at

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

telephone number of the tattoo or body-piercing establishment.

Section 7.  Minors.

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

perform tattooing or body-piercing services on any other person

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

legal guardian of that other person.

(b)  Regulations.--The department shall promulgate

regulations establishing standards for verification of age and

documentation of consent.

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

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

age without proper consent as established in subsection (a)

shall have the registration under this act revoked for two

years.

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

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

or revocation, whichever is later.

Section 8.  Powers of municipalities.

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

shall supersede the power of a municipality to inspect tattoo or

body-piercing establishments or temporary establishments, to

regulate the manner in which tattooing or body piercing may be

performed, to levy lawful taxes and fees and to require the

purchase of a business privilege license unrelated to competence

in the practice of tattooing or body piercing. No municipality

shall require a tattoo artist or body-piercing artist registered

under this act to obtain a municipal license to engage in

tattoo, temporary tattoo or body-piercing services in the

municipality. Nothing in this act shall preclude a municipality

from denying or revoking a local permit for failure to comply

with a local ordinance not inconsistent with this act or

regulations of the department promulgated under this act.

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

under this act who fails to comply with a municipal ordinance

concerning the inspection of tattoo or body-piercing

establishments or temporary establishments, or the manner in

which the municipality requires tattoo and body-piercing

services to be performed, shall be subject to disciplinary

proceedings under this act.

Section 9.  Unlawful acts.

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

practice tattooing, body piercing or corrective cosmetics, or to

hold himself out as a practitioner of or entitled or authorized

to practice tattooing, body piercing or corrective cosmetics, or

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

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

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

which in any way represents himself as being engaged in the

practice of tattooing, body piercing or corrective cosmetics, or

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

and authorized to engage in the practice under this act.

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

to operate a tattoo, body-piercing or corrective cosmetic

establishment or temporary establishment that is not registered

with the department.

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

piercing artist or corrective cosmetic artist to administer

anesthetic injections or other medications and prescription

drugs.

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

than a corrective cosmetic artist registered under this act, or

a physician or surgeon licensed in this Commonwealth, to perform

facial tattoo services on any other person.

Section 10.  Tongue splitting limitation.

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

splitting on another person unless the tongue splitting is

performed by a physician or dentist licensed in this

Commonwealth.

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

section commits a misdemeanor of the first degree for a first

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

subsequent offense.

Section 11.  Disciplinary matters.

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

registration issued under this act for any of the following

reasons:

(1)  Failing to demonstrate the qualifications or

standards for a registration contained in this act or

regulations of the department.

(2)  Making misleading, deceptive, untrue or fraudulent

representations in obtaining a registration.

(3)  Being unable to practice with reasonable skill and

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

or alcohol, having been convicted of a felonious act

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

known as The Controlled Substance, Drug, Device and Cosmetic

Act, or convicted of a felony relating to a controlled

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

state, territory, possession or country, or of mental

incompetency. An applicant's statement on the application

declaring the absence of a conviction shall be deemed

satisfactory evidence of the absence of a conviction unless

the department has some evidence to the contrary.

(4)  Violating a lawful regulation promulgated by the

department or violating a lawful order of the department

previously entered by the department in a disciplinary

proceeding.

(5)  Knowingly maintaining a professional connection or

association with any person who is in violation of this act

or regulation of the department or knowingly aiding,

assisting, procuring or advising any unregistered person to

practice a profession contrary to this act or regulations of

the department.

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

clear danger to public health or safety.

(7)  Making a false or deceptive biennial registration

with the department.

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

or corrective action against a registrant under this act or

pursuant to other statutory authority, the department may:

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

privilege granted by the department.

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

registration.

(3)  Stay enforcement of any suspension and place a

registrant on probation with the right to vacate the

probationary order for noncompliance.

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

registrant to comply with the conditions required by the

department shall be grounds for reconsideration of the matter

and institution of formal charges against the registrant.

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

by the Commonwealth Court or on appeal therefrom, the department

may not reinstate the registration of a person which has been

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

whichever is later. Any person whose registration has been

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

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

this act, including the examination requirement, if that person

desires to practice the art of tattooing, body piercing or

corrective cosmetics under this act at any time after such

revocation.

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

department shall require a person whose registration has been

suspended or revoked to return the registration in such manner

as the department directs.

Section 12.  Penalties.

Any person who violates any provision of this act commits a

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

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

imprisonment for not more than three months, or both.

Section 13.  Injunctive relief.

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

offer to practice tattooing, body piercing or corrective

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

unexpired, unrevoked and unsuspended registration issued under

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

corrective cosmetics may be enjoined by the courts on petition

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

necessary to show that any person is individually injured by the

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

engaged in the unlawful practice of tattooing or body piercing,

the court shall enjoin the respondent from so practicing unless

and until the respondent registers with the department. This

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

injunction suit. The remedy by injunction authorized by this

section shall be in addition to any other civil or criminal

prosecution and punishment authorized by law.

Section 14.  Exemptions.

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

(1)  a physician or surgeon licensed in this Commonwealth

from performing body-piercing or tattooing services for

medical reasons; or

(2)  a funeral director licensed in this Commonwealth

from performing body-piercing or tattooing services as

required by that profession.

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

Nothing in this act shall require the registration of corrective

cosmetics establishments physically located in a licensed

physician's office, hospital or clinic. Those establishments

shall also be exempt from facility requirements as provided for

in section 5(a)(1).

Section 15.  Effective date.

This act shall take effect as follows:

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

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

(3)  This section shall take effect immediately.

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

days.