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PRIOR PRINTER'S NOS. 477, 2771
PRINTER'S NO. 3313
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
456
Session of
2017
INTRODUCED BY DeLUCA, READSHAW, WATSON, MURT, MILLARD, V. BROWN,
D. COSTA AND IRVIN, FEBRUARY 13, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 10, 2018
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 AN individual who performs body
piercing or operates, conducts or manages a body-piercing
establishment.
"Corrective cosmetic artist." A AN individual 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
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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.
"OCULAR TATTOOING." ANY METHOD OF PLACING INK OR OTHER INERT
PIGMENT INTO THE MUCOSA, CORNEA, SCLERA OR IRIS OF THE EYE BY
THE AID OF NEEDLES OR ANY OTHER INSTRUMENT USED TO PUNCTURE THE
EYE AND WHICH METHOD RESULTS IN PERMANENT COLORATION OF THE EYE
OR MUCOSA FOR COSMETIC PURPOSES.
"Registry." The Tattoo, Body-piercing 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 AN individual 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
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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
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 AN individual 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.--The department shall adopt regulations as
are reasonably necessary to carry out the provisions 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,
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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 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. THE DEPARTMENT SHALL PRESCRIBE
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THE SUBJECTS OF EXAMINATION, WHICH SHALL INCLUDE THE
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARD FOR
BLOODBORNE PATHOGENS AND OTHER HEALTH, SANITATION, STERILIZATION
AND SAFETY STANDARDS.
(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
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 AN INITIAL facility
registration. The department may conduct inspections of
registered facilities and temporary establishments. REGISTRATION
AND SHALL RANDOMLY INSPECT 20% OF ALL REGISTERED FACILITIES EACH
YEAR THEREAFTER. The inspection shall insure ENSURE that
required sterilization, sanitation and safety standards are
maintained.
(e) Fees.--Any fee required under this act shall be fixed by
the department by regulation and shall be subject to 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
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accordance with this act that results in a refusal to issue a
registration for a reason other than failure to pass the written
examination required under subsection (b) 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 individuals working in an area
of 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
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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 individual may not perform a tattooing
(A) PROHIBITIONS.--
(1) AN INDIVIDUAL MAY NOT PERFORM A TATTOOING or body-
piercing service on another individual under 18 years of age
without the written consent of a parent or legal guardian of
the other individual.
(2) NOTWITHSTANDING PARAGRAPH (1), AN INDIVIDUAL MAY NOT
PERFORM A TATTOOING OR BODY-PIERCING SERVICE ON THE GENITALS
OF ANOTHER INDIVIDUAL WHO IS UNDER 18 YEARS OF AGE AND IS NOT
EMANCIPATED.
(b) Regulations.--The department shall promulgate
regulations establishing standards for verification of age and
documentation of consent.
(c) Revocation.--A AN individual who performs a tattooing or
body-piercing service on a body part of a AN individual 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 AN individual 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
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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
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 AN individual has been
duly registered and authorized to engage in practice under this
act, the individual 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
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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
individual's name that represents himself as being engaged or
authorized in the practice of tattooing, body piercing or
corrective cosmetics.
(b) Unregistered facilities.--A AN individual 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 individual may not perform a facial tattoo
service on another individual.
(D) OCULAR TATTOOING.--AN INDIVIDUAL MAY NOT PERFORM OCULAR
TATTOOING UNLESS THE PROCEDURE IS PERFORMED UNDER THE DIRECTION
OF A PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PRACTITIONER.
Section 10. Tongue splitting limitation.
(a) General rule.--A AN individual may not perform tongue
splitting on another individual unless the tongue splitting is
performed by a physician or dentist licensed in this
Commonwealth.
(b) Grading.--A AN individual 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.
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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.
(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 AN individual who is in violation of this
act or regulation of the department or knowingly aiding,
assisting, procuring or advising an unregistered individual
to practice a profession contrary to this act or regulations
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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
may not reinstate the registration of a AN individual that has
been revoked for two years from the date of violation or
revocation, whichever is later. A AN individual 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 individual desires to practice the art of tattooing, body
piercing or corrective cosmetics under this act after the
revocation.
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(e) Surrender of suspended or revoked registration.--The
department shall require a AN individual whose registration has
been suspended or revoked to return the registration in the
manner as the department directs.
Section 12. Penalties.
A AN individual 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. SHALL BE
SUBJECT TO THE FOLLOWING PENALTIES:
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2):
(I) FOR A FIRST VIOLATION, A MONETARY PENALTY OF NOT
MORE THAN $500.
(II) FOR A SECOND VIOLATION, A MONETARY PENALTY OF
NOT MORE THAN $1,000.
(III) FOR A THIRD OR SUBSEQUENT VIOLATION IN A TWO-
YEAR PERIOD, A MONETARY PENALTY OF $1,000 AND REVOCATION
OF REGISTRATION FOR THE NEXT CALENDAR YEAR.
(2) IF THE VIOLATION CONSTITUTES INTENTIONAL
ENDANGERMENT OF THE PUBLIC HEALTH AND SAFETY, A MISDEMEANOR
OF THE THIRD DEGREE.
Section 13. Injunctive relief.
A AN individual 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 AN individual
is individually injured by the actions complained of in the
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proceeding. If it is found that the respondent has engaged in
the unlawful practice of tattooing or body piercing, a court of
competent jurisdiction 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
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
OR OTHER HEALTH CARE PRACTITIONER LICENSED, REGISTERED OR
CERTIFIED IN THIS COMMONWEALTH, ACTING WITHIN THE PHYSICIAN'S
OR PRACTITIONER'S SCOPE OF PRACTICE, 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
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days.
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