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PRINTER'S NO. 240
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
240
Session of
2015
INTRODUCED BY DeLUCA, DEASY, KORTZ, MURT, KAUFFMAN, BOBACK,
D. COSTA, THOMAS, DAVIDSON AND WATSON, JANUARY 28, 2015
REFERRED TO COMMITTEE ON HEALTH, JANUARY 28, 2015
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. Municipalities.
Section 9. Unlawful acts.
Section 10. Tongue splitting limitation.
Section 11. Disciplinary matters.
Section 12. Penalties.
Section 13. Injunctive relief.
Section 14. Exemptions.
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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 to establish health standards for the practice of
tattooing, body piercing and corrective cosmetics within this
Commonwealth. The health standards 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.
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." A person who performs body piercing
or operates, conducts or manages a body-piercing establishment.
"Corrective cosmetic artist." A person who performs
corrective cosmetics.
"Corrective cosmetics." The application of a tattoo 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
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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 established under section 4.
"Sanitization." The reduction of the population of
microorganisms to safe levels as determined by public health
officials.
"Sterilization." The process of destruction of the 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." A person who performs tattooing or
operates, conducts or manages a 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 that:
(1) performs tattooing, body piercing or both;
(2) is operated by an individual registered under this
act; and
(3) operates outside of a registered facility at a fixed
location for a period of time of not more than seven
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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.
A person who performs 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.--In the exercise of its duties under this
act, the department may adopt regulations as are reasonably
necessary to carry out the purposes of this act. A regulation
must 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 must 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.
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(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 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 a tattoo artist, body-piercing artist
or corrective cosmetic artist.
(c) Registration.--The department shall register:
(1) An applicant who successfully passes the examination
and meets the requirements for registration in accordance
with the regulations promulgated under this act.
(2) A tattoo or body-piercing establishment or temporary
establishment that has been inspected and meets facility
requirements in accordance with the regulations where
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tattooing, body-piercing or corrective cosmetic services will
be performed.
(d) Inspection.--The department shall inspect an
establishment at which tattooing, body piercing or corrective
cosmetics are performed prior to issuing a facility
registration. The department may 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.--A fee 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.--This act may not be construed to permit the
department to regulate artistic aspects of tattooing, body
piercing or corrective cosmetics that are unrelated to health,
sanitization, sterilization or safety standards.
(g) Departmental actions.--An action of the department in
accordance with this act that results in a refusal to issue a
registration for a reason other than failure to pass a written
examination required by this act or action that 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 the registrants and persons working in an area of
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a tattoo or body-piercing establishment that 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 the 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 a 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.--A person may not perform a tattooing or
body-piercing service on another person under 18 years of age
without the written consent of a parent or legal guardian of the
other person.
(b) Regulations.--The department shall promulgate
regulations establishing standards for verification of age and
documentation of consent.
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(c) Revocation.--A person who performs a tattooing or body-
piercing service on a body part of a person under 18 years of
age without proper consent as established under subsection (a)
shall have the registration under this act revoked for two
years.
(d) Registration.--A person who violates subsection (a) may
not be registered for two years from the date of violation or
revocation, whichever is later.
Section 8. Municipalities.
(a) Authority of municipality.--The following shall apply:
(1) This act shall not supersede the power of a
municipality to:
(i) inspect a tattoo or body-piercing establishment
or temporary establishment;
(ii) regulate the manner in which tattooing or body
piercing may be performed;
(iii) levy a lawful tax or fee; and
(iv) require the purchase of a business privilege
license unrelated to competence in the practice of
tattooing or body piercing.
(2) A municipality may not require a tattoo artist or
body-piercing artist registered under this act to obtain a
municipal license to engage in a tattoo, temporary tattoo or
body-piercing service in the municipality.
(3) This act shall not preclude a municipality from
denying or revoking a local permit for failure to comply with
a local ordinance that is consistent 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
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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.--Unless a person has been duly
registered and authorized to engage in practice under this act,
the person may not:
(1) practice tattooing, body piercing or corrective
cosmetics;
(2) hold himself out as a practitioner of or entitled or
authorized to practice tattooing, body piercing or corrective
cosmetics; or
(3) assume the title of "tattooist," "tattoo artist,"
"body-piercer," "body-piercing artist," "corrective cosmetics
artist" or other letters or titles in connection with the
person's name that represents himself as being engaged or
authorized in the practice of tattooing, body piercing or
corrective cosmetics.
(b) Unregistered facilities.--A person may not operate a
tattoo, body-piercing or corrective cosmetic establishment or
temporary establishment that is not registered with the
department.
(c) Injections.--A tattoo artist, body-piercing artist or
corrective cosmetic artist may not administer an anesthetic
injection or other medication or prescription drug.
(d) Facial tattoos.--Other than a corrective cosmetic artist
registered under this act, or a physician or surgeon licensed in
this Commonwealth, a person may not perform a facial tattoo
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service on another person.
Section 10. Tongue splitting limitation.
(a) General rule.--A person may not perform tongue splitting
on another person unless the tongue splitting is performed by a
physician or dentist licensed in this Commonwealth.
(b) Grading.--A 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 a
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 another
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 evidence to the contrary.
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(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 a person who is in violation of this act or
regulation of the department or knowingly aiding, assisting,
procuring or advising an unregistered person to practice a
profession contrary to this act or regulations of the
department.
(6) Acting in a manner that presents 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
under other statutory authority, the department may:
(1) Deny the application for a registration or another
privilege granted by the department.
(2) Revoke, suspend, limit or otherwise restrict a
registration.
(3) Stay enforcement of a 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
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may not reinstate the registration of a person that has been
revoked for two years from the date of violation or revocation,
whichever is later. A person whose registration has been revoked
may apply for reinstatement, after a period of at least two
years, but must meet the registration requirements of this act,
including the examination requirement, if the person desires to
practice the art of tattooing, body piercing or corrective
cosmetics under this act after the 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 the manner as
the department directs.
Section 12. Penalties.
A person who violates a 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.
A person may not 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 a court on petition of the department. It shall
be unnecessary to show that a person is individually injured by
the actions complained of in the proceeding. 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. The procedure in such cases shall be the same as in
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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.--This act shall not 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 the profession.
(b) Physician-based corrective cosmetics establishments.--
This act shall not require the registration of corrective
cosmetics establishments physically located in a licensed
physician's office, hospital or clinic. The establishments shall
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.
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