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, temporary or
7permanent in nature and location, where body art, whether or not
8for 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 that results from
24a transmissible infection, whether or not patent, apparent,
25inapparent, 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, shall 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, any health, sanitation, 
4sterilization and safety standards.

5(2) Temporary establishment requirements, including, but 
6not limited to, any health, sanitation, sterilization and 
7safety standards.

8(3) Operator training requirements.

9(4) Practitioner training requirements.

10(5) Apprentice training requirements.

11Section 4. Licensing and fees.

12(a) Requirement.--No person may establish, maintain or
13operate or hold itself out as authorized to establish, maintain
14or operate a body art establishment without first obtaining a
15license issued by the department.

16(b) Application.--A person may apply for a license required
17under subsection (a) by submitting an application to the
18department on a form prescribed by the department. The form
19shall require all of the following:

20(1) The applicant's legal name, home address and
21telephone number, full business name, business address and
22business telephone number. The applicant shall state whether
23the applicant is an individual, partnership, firm or
24corporation. If the applicant is a partnership, the names and
25addresses of the partners shall be included on the
26application. If the applicant is a corporation, the names and
27addresses of all corporate officers shall be included on the
28application.

29(2) Plans and specifications that illustrate the
30location of the proposed establishment and a floor plan of

1the establishment as it is proposed to be operated. The plans
2shall indicate the layout of the reception area, procedure
3areas, cleaning and sterilization area, storage area and
4toilet facilities.

5(3) A complete description of all procedures to be
6provided, the proposed hours of operation and the name of the
7operator. The applicant shall include a copy of the informed
8consent form proposed by the body art establishment for each
9procedure.

10(4) A signed and dated certification that the applicant
11has read and understands the requirements of this act.

12(5) Any additional information required by the
13department.

14(c) Determination.--The department shall issue a license to
15the applicant upon determination that the applicant meets all of
16the requirements of this act.

17(d) Fees.--An applicant must pay a license fee of $100 per
18body art establishment. The department may increase fees by
19regulation in an amount sufficient to cover the cost of annual
20inspection and administration of this act.

21(e) Posting.--A licensee shall post its license in a
22location clearly visible to its customers.

23(f) Expiration.--A license shall expire annually on the date
24specified in the license.

25(g) Renewal.--A licensee must file an application for
26renewal on a form prescribed by the department prior to
27expiration of its current license.

28(h) Nontransferable.--A license shall not be transferable
29from one person or one body art establishment to another.

30(i) Denial, suspension or revocation.--The following shall

1apply to the denial, suspension or revocation of a license:

2(1) The department may deny, suspend or revoke licensure
3for any of the following reasons:

4(i) Submission of false statements in applications,
5reports, plans or specifications.

6(ii) For health, sterilization, sanitation or safety
7conditions that violate this act.

8(iii) Operation of the body art establishment in a
9manner that threatens public health or safety.

10(iv) Failure to allow the department to enter the
11body art establishment during normal business hours for
12inspection or investigation.

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

14(2) (i) Except in cases involving an immediate threat
15to public health and safety under section 8(c), the
16department shall, prior to suspension or revocation of a
17license, provide written notice to the licensee of the
18facts or conduct which may warrant suspension or
19revocation and shall provide the licensee with an
20opportunity to demonstrate or achieve compliance.

21(ii) The licensee may request an administrative
22hearing upon receipt of the written notice.

23Section 5. Inspection.

24(a) Time.--The department shall conduct an initial
25inspection of a body art establishment after receipt of an
26application for a license under section 4 and shall randomly
27inspect 20% of all licensed facilities each year thereafter.

28(b) Conduct.--Inspections conducted by the department under
29this section shall encompass all of the following matters:

30(1) Health, sterilization, sanitation and safety
 

1standards.

2(2) Review of required records and training
3documentation.

4(3) Any other area that is required by this act.

5Section 6. Duties and responsibilities of practitioners.

6(a) General health.--The department shall establish by
7regulation minimum health standards for all practitioners and
8persons working in any area of a body art establishment which
9may be necessary to prevent the contamination of body art
10equipment, supplies or work surfaces with pathogenic organisms.

11(b) Infectious disease.--The practitioner shall comply with
12either of the following:

13(1) The practitioner shall complete the Bloodborne
14Pathogen Certification requirements under 29 CFR 1910.1030
15(relating to bloodborne pathogens).

16(2) A notarized statement from a licensed physician
17shall be provided to the department, prior to the issuance of
18a license under this act, that confirms that the practitioner
19was examined by the physician, a test of the practitioner's
20blood was made and the results of that test indicate that:

21(i) the practitioner is free from all bloodborne
22diseases, including, but not limited to, hepatitis B; or

23(ii) antibody testing reveals that the practitioner
24is immune to certain highly communicable diseases.

25(c) Notifications.--

26(1) Verbal and written instructions for the care of the
27tattooed or pierced site on the body shall be provided to
28each customer by the practitioner upon the completion of the
29procedure.

30(2) The written instructions shall advise the customer

1to consult a physician at the first sign of infection and
2contain the name, address and telephone number of the body
3art establishment.

4Section 7. Minors.

5(a) Prohibitions.--It shall be unlawful for any person to
6perform body art services on any other person <-18 years of age or 
7younger <-under 18 years of age without the presence, written
8consent and proper identification of the other person's parent
9or legal guardian.

10(b) Regulations.--The department shall promulgate
11regulations establishing standards for verification of age and
12documentation of consent.

13(c) Revocation.--Any person who knowingly violates
14subsection (a) shall have the license under this act revoked <-for 
15two years.

16(d) License.--Any person who knowingly violates subsection 
17(a) <-and may not be licensed for two years from the date of the
18violation or revocation, whichever is later.

19Section 8. Tongue splitting limitations.

20Tongue splitting shall only be performed by a physician or
21dentist licensed in this Commonwealth.

22Section 9. Violations and injunctions.

23(a) Violations.--It is a violation of this act for an
24operator or practitioner or apprentice to administer anesthetic
25injections or other medications and prescription drugs to a
26customer of any body art establishment.

27(b) Penalty.--

28(1) A person who operates a body art establishment in
29violation of this act commits a misdemeanor and shall be
30subject to suspension or revocation of the body art

1establishment's license.

2(2) A person who violates section 7 commits an offense 
3under 18 Pa.C.S. § 6311 (relating to tattooing and body 
4piercing).

5(3) A person who violates section 8 commits a
6misdemeanor of the first degree for the first violation and a
7felony of the third degree for a second or subsequent
8violation.

9(c) Suspension or revocation.--If the department finds that
10a violation of this act creates an immediate threat to the
11health and safety of the public, the department may suspend or
12revoke the body art establishment's license to operate.

13(d) Procedure.--

14(1) The department may take the following action, in
15writing or by using any other act or regulation, to enforce
16the provisions of this act:

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

18(ii) Specify the manner in which the operator or
19practitioner failed to comply with this act.

20(iii) Require a corrective action plan, including a
21reasonable time schedule for completion. The department
22shall review the corrective action plan and approve or
23require modification of the plan.

24(2) If a body art establishment fails to comply with the
25conditions of the written notice provided under paragraph
26(1), the department shall notify the operator, by certified
27mail, that unless action is taken within five days of receipt
28of the written notice, the body art establishment's license
29shall be suspended or revoked.

30Section 10. Construction.

1Nothing is this act shall be construed to:

2(1) Prevent a physician or surgeon licensed in this
3Commonwealth from performing body art services for medical
4reasons.

5(2) Prevent a funeral director licensed in this
6Commonwealth from performing body art services as required by
7that profession.

8(3) Require the license of permanent cosmetic
9establishments physically located in a licensed physician's
10office, hospital or clinic. Those establishments shall also
11be exempt from facility requirements as provided in section
123(a)(1).

13Section 11. Body Art Establishment Regulation Account.

14(a) Establishment.--The Body Art Establishment Regulation
15Account is established as a restricted account in the State
16Treasury.

17(b) Disposition of moneys.--All fees, fines and civil
18penalties imposed in accordance with this act shall be paid into
19the Body Art Establishment Regulation Account and are hereby
20appropriated to the department on a continuing basis for use in
21the performance of its duties under this act.

22Section 12. Effective date.

23This act shall take effect in 180 days.