1Regulating tattoo, body-piercing and permanent-cosmetic artists;
2limiting tongue splitting; providing for powers and duties of
3the Department of Health; establishing the Body Art
4Regulation Fund; and imposing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Body Art
9Establishment Regulation Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Apprentice." A person who performs the art of tattooing,
15permanent cosmetics or body piercing under the direct
16supervision of a practitioner in order to learn body art
17procedures.

18"Body art." The practice of physical body adornment in

1permitted establishments by operators utilizing, but not limited
2to, the following techniques:

3(1) Body piercing.

4(2) Tattooing.

5(3) Permanent cosmetics.

6"Body art establishment." A place or premise, whether public
7or private, temporary or permanent in nature and location, where
8body art, whether or not for profit, is performed.

9"Body piercing." Puncturing or penetrating the skin for the
10purpose of insertion of any object, including, but not limited
11to, jewelry for cosmetic purposes. The term does not include ear
12piercing or nail piercing.

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

14"Equipment." All machinery, including fixtures, containers,
15vessels, tools, devices, implements, furniture, display and
16storage areas, sinks and all other apparatus and appurtenances
17used in conjunction with the operation of a body art
18establishment.

19"Establishment." A physical place of business, permanent in
20nature, and includes all areas used by a practitioner and the
21practitioner's customers, including, but not limited to,
22treatment areas, waiting areas and reception areas.

23"Infectious disease." A disease of humans or animals that
24results from a transmissible infection, whether or not patent,
25apparent, inapparent, latent, clinical or subclinical.

26"Operator." The owner or an owner's designee who has
27ownership, control or custody of any place of business or
28employment and manages the day-to-day operations of a body art
29establishment.

30"Person." An individual, partnership, corporation or

1association.

2"Permanent cosmetics." The implanting of inert pigments,
3colors or dyes intradermally which results in permanent
4alteration of tissue to gain a cosmetic effect.

5"Practitioner." A person who performs the act of tattooing,
6permanent cosmetics or body piercing.

7"Sanitization." The reduction of the population of
8microorganisms to safe levels as determined by public health
9officials.

10"Sterilization." A process that results in the destruction
11of all forms of microbial life, including, but not limited to,
12highly resistant bacterial spores.

13"Tattooing." A method of placing ink or other inert pigment
14into or under the skin or mucosa by the aid of needles or any
15other instrument used to puncture the skin and which method
16results in permanent coloration of the skin or mucosa. This term
17includes any form of permanent cosmetics.

18"Temporary establishment." An establishment that performs
19body art services, is operated by an operator licensed under
20this act and operates outside of the licensed facility for a
21period of time of not more than seven consecutive days in
22conjunction with a single event.

23"Tongue splitting." The cutting of a human tongue into two
24or more parts.

25Section 3. Powers and duties of department.

26(a) General rule.--The department, in the exercise of its
27duties under this act, may adopt such regulations as are
28reasonably necessary to carry out the purposes of this act.
29Regulations shall be adopted in conformity with the provision of
30the act of June 25, 1982 (P.L.633, No.181), known as the

1Regulatory Review Act, and shall include, but not be limited to:

2(1) Body art establishment license requirements,
3including, but not limited to:

4(i) Physical location.

5(ii) Specifications of walls, ceilings, floors,
6partitions, fixtures and equipment.

7(iii) Lighting

8(iv) Ventilation.

9(v) Water supply.

10(vi) Liquid waste disposal.

11(vii) Refuse storage and disposal.

12(viii) Toilets and lavatories.

13(ix) Sinks.

14(x) Insect and rodent control.

15(2) Temporary establishment requirements.

16(3) Operator training requirements.

17(4) Practitioner training requirements.

18(5) Apprentice training requirements.

19(6) Health, sanitization, sterilization and safety
20standards for body art establishments and temporary
21establishments.

22(7) Body art establishment and temporary establishment
23recordkeeping.

24Section 4. Licensing and fees.

25(a) Requirement.--No person may establish, maintain or
26operate or hold itself out as authorized to establish, maintain
27or operate a body art establishment without first obtaining a
28license issued by the department.

29(b) Application.--A person may apply for a license required
30under subsection (a) by submitting an application to the

1department on a form prescribed by the department. The form
2shall require all of the following:

3(1) The applicant's legal name, home address and
4telephone number, full business name, business address and
5business telephone number. The applicant shall state whether
6the applicant is an individual, partnership, firm or
7corporation. If the applicant is a partnership, the names and
8addresses of the partners shall be included on the
9application. If the applicant is a corporation, the names and
10addresses of all corporate offices shall be included on the
11application.

12(2) Plans and specifications that illustrate the
13location of the proposed establishment and a floor plan of
14the establishment as it is proposed to be operated. The plans
15shall indicate the layout of the reception area, procedure
16areas, cleaning and sterilization area, storage area and
17toilet facilities.

18(3) A complete description of all services to be
19provided, the proposed hours of operation, the name of the
20operator and the names of all practitioners and their exact
21duties. The applicant shall include a copy of the informed
22consent for each procedure.

23(4) The names and addresses of all manufacturers of
24processing equipment, instruments, jewelry and inks used for
25any and all body art procedures.

26(5) A signed and dated certification that the applicant
27has read and understands the requirements of this act.

28(6) Any additional information required by the
29department.

30(c) Determination.--The department shall issue a license to

1the applicant upon determination that the applicant meets all of
2the requirements of this act.

3(d) Fees.--An applicant must pay a license fee of $100 per
4body art establishment. The department may increase fees by
5regulation in an amount sufficient to cover the cost of annual
6inspection and administration of this act.

7(e) Posting.--A licensee shall post its license in a
8location clearly visible to its customers.

9(f) Expiration.--A license shall expire annually on the date
10specified in the license.

11(g) Renewal.--A licensee must file an application for
12renewal on a form prescribed by the department prior to
13expiration of its current license.

14(h) Nontransferable.--A license shall not be transferable
15from one person or one body art establishment to another.

16(i) Denial, suspension or revocation.--The following shall
17apply to the denial, suspension or revocation of a license:

18(1) The department may deny, suspend or revoke licensure
19for any of the following reasons:

20(i) Submission of false statements in applications,
21reports, plans or specifications.

22(ii) For conditions that violate this act.

23(iii) Operation of the body art establishment in a
24manner that threatens public health or safety.

25(iv) Failure to allow the department to enter the
26body art establishment at reasonable hours for inspection
27or investigation.

28(v) Failure to pay the required license fee.

29(2) (i) Except in cases involving an immediate threat
30to public health and safety under section 10(c), the

1department shall, prior to suspension or revocation of a
2license, provide written notice to the licensee of the
3facts or conduct which may warrant suspension or
4revocation and shall provide the licensee with an
5opportunity to demonstrate or achieve compliance.

6(ii) The licensee may request an administrative
7hearing upon receipt of the written notice.

8Section 5. Inspection.

9(a) Time.--The department may conduct an initial inspection
10of a body art establishment after receipt of an application for
11a license under section 4 and shall randomly inspect licensed
12facilities each year thereafter.

13(b) Conduct.--Inspections conducted by the department under
14this section shall encompass all of the following matters:

15(1) The operation of the body art establishment.

16(2) Review of required records and training
17documentation.

18(3) Operator understanding and competency.

19(4) Any other area that is required by this act.

20Section 6. Duties and responsibilities of practitioners.

21(a) General health.--The department shall establish by
22regulation minimum health standards for all practitioners and
23persons working in any area of a body art establishment which
24may be necessary to prevent the contamination of body art
25equipment, supplies or work surfaces with pathogenic organisms.

26(b) Infectious disease.--A notarized statement from a
27licensed physician shall be provided to the department, prior to
28the issuance of a license under this act, that confirms that the
29practitioner was examined by the physician, a test of the
30practitioner's blood was made and the results of that test

1indicate that:

2(1) the practitioner is free from all contagious and
3infectious diseases, including hepatitis B;

4(2) the practitioner has completed a vaccination series;

5(3) antibody testing reveals that the practitioner is
6immune to certain diseases;

7(4) a vaccine is contradicted for medical reasons; or

8(5) the practitioner has a Blood Borne Pathogen
9Certification.

10(c) Notifications.--

11(1) Verbal and written instructions for the care of the
12tattooed or pierced site on the body shall be provided to
13each customer by the practitioner upon the completion of the
14procedure.

15(2) The written instructions shall advise the customer
16to consult a physician at the first sign of infection and
17contain the name, address and telephone number of the body
18art establishment.

19Section 7. Minors.

20(a) Prohibitions.--It shall be unlawful for any person to
21perform body art services on any other person 18 years of age or
22younger without the presence, written consent and proper
23identification of the other person's parent or legal guardian.

24(b) Regulations.--The department shall promulgate
25regulations establishing standards for verification of age and
26documentation of consent.

27(c) Revocation.--Any person who violates subsection (a)
28shall have the license under this act revoked for two years.

29(d) License.--Any person who violates subsection (a) may not
30be licensed for two years from the date of the violation or

1revocation, whichever is later.

2Section 8. Inspections, violations and injunctions.

3(a) Access.--The department shall have access at reasonable
4times to any body art establishment, including its records, to
5inspect and determine whether a violation of this act has or
6will occur.

7(b) Violations.--It is a violation of this act for an
8operator or practitioner or apprentice to administer anesthetic
9injections or other medications and prescription drugs to a
10customer of any body art establishment.

11(c) Penalty.--

12(1) A person who operates a body art establishment in
13violation of this act commits a misdemeanor and shall be
14subject to suspension or revocation of the body art
15establishment's license. A person who operates a body art
16establishment in violation of this act commits a misdemeanor.

17(2) A person who violates section 7 shall be subject to
18a civil penalty of not more than $500 for the first
19violation, up to $1,000 for the second violation and up to
20$2,000 for each subsequent violation. The penalty shall be
21paid to the Department of Health for deposit in the State
22Treasury.

23(d) Suspension or revocation.--If the department finds that
24a violation of this act creates an immediate threat to the
25health and safety of the public, the department may suspend or
26revoke the body art establishment's license to operate.

27(e) Procedure.--

28(1) The department may take the following action, in
29writing or by using any other act or regulation, to enforce
30the provisions of this act:

1(i) Cite each section of the act violated.

2(ii) Specify the manner in which the operator or
3practitioner failed to comply with this act.

4(iii) Require a corrective action plan, including a
5reasonable time schedule for completion. The department
6shall review the corrective action plan and approve or
7require modification of the plan.

8(2) If a body art establishment fails to comply with the
9conditions of the written notice provided under paragraph
10(1), the department shall notify the operator, by certified
11mail, that unless action is taken within five days of receipt
12of the written notice, the body art establishment's license
13shall be suspended or revoked.

14Section 9. Tongue splitting limitation.

15(a) General rule.--No person may perform tongue splitting on
16another person unless the person is a physician or dentist
17licensed in this Commonwealth.

18(b) Grading.--Any person who violates the provisions of this
19section commits a misdemeanor of the first degree for a first
20offense and a felony of the third degree for a second or
21subsequent offense.

22Section 10. Construction.

23Nothing is this act shall be construed to:

24(1) Prevent a physician or surgeon licensed in this
25Commonwealth from performing body art services for medical
26reasons.

27(2) Prevent a funeral director licensed in this
28Commonwealth from performing body art services as required by
29that profession.

30(3) Require the license of permanent cosmetic

1establishments physically located in a licensed physician's
2office, hospital or clinic. Those establishments shall also
3be exempt from facility requirements as provided in section
43(a)(1).

5Section 11. Body Art Establishment Regulation Account.

6(a) Establishment.--The Body Art Establishment Regulation
7Account is established as a restricted account in the State
8Treasury.

9(b) Disposition of moneys.--All fees, fines and civil
10penalties imposed in accordance with this act shall be paid into
11the Body Art Establishment Regulation Account and are hereby
12appropriated to the department on a continuing basis for use in
13the performance of its duties under this act.

14Section 12. Effective date.

15This act shall take effect in six months.