PRINTER'S NO. 1089
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
786
Session of
2019
INTRODUCED BY DINNIMAN AND TARTAGLIONE, JULY 8, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, JULY 8, 2019
AN ACT
Providing for bloodborne pathogen certification for tattoo
artists, body piercing artists and corrective cosmetic
artists, for duties and responsibilities of tattoo artists,
body piercing artists and corrective cosmetic artists and
establishments, for duties of the Department of Health and
for penalties.
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 Bloodborne Pathogen Act.
Section 2. 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:
"Blood." Human blood, human blood components and products
made from human blood.
"Bloodborne pathogen." A pathogenic microorganism which is
present in human blood and can cause disease in humans. The term
includes, but is not limited to, hepatitis B virus (HBV),
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hepatitis C virus (HCV) and human immunodeficiency virus (HIV).
"Body piercing." The process of breaching the skin or mucous
membrane for the purpose of insertion of an object, including,
but not limited to, jewelry for cosmetic purposes. The term does
not include ear piercing or nail piercing.
"Body piercing artist." An individual who performs body
piercing or operates, conducts or manages a body piercing
establishment.
"Corrective cosmetic artist." 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
scars, acne scars, age spots and skin discoloration due to loss
of pigmentation.
"Department." The Department of Health of the Commonwealth.
"Occupational exposure." Reasonably anticipated skin, eye,
mucous membrane or parenteral contact with blood or other
potentially infectious materials that may result from the
performance of an employee's job duties.
"Other potentially infectious materials." Includes the
following:
(1) Body fluids, including semen, vaginal secretions,
cerebrospinal fluid, synovial fluid, pleural fluid,
pericardial fluid, peritoneal fluid, amniotic fluid, saliva
in dental procedures, body fluid that is visibly contaminated
with blood and all body fluids in situations where it is
difficult or impossible to differentiate between body fluids.
(2) Any unfixed tissue or organ, other than intact skin,
from a human, living or dead.
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(3) HIV-containing cell or tissue cultures, organ
cultures and HIV-containing or HBV-containing culture medium
or other solutions and blood, organs or other tissues from
experimental animals infected with HIV or HBV.
"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." An individual who performs tattooing or
operates, conducts or manages a tattoo establishment.
Section 3. Duties and responsibilities of artists and
establishments.
(a) Certification requirements.--Within 180 days of the
effective date of this subsection, no individual may provide
services as a tattoo artist, body piercing artist or corrective
cosmetic artist or be an employee of an individual operating a
tattoo, body piercing or corrective cosmetic establishment if
the employee has occupational exposure to blood or other
potentially infectious materials in this Commonwealth unless the
individual possesses a bloodborne pathogen certificate
evidencing successful completion of a bloodborne pathogen course
approved by the department within the immediately preceding one-
year period.
(b) Establishment duties.--An individual operating a tattoo,
body piercing or corrective cosmetic establishment shall ensure
that the establishment and its artists and other employees who
have occupational exposure to blood or other potentially
infectious materials are in compliance with subsection (a) and
the Occupational Safety and Health Administration standard for
bloodborne pathogens under 29 CFR ยง 1910.1030 (relating to
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bloodborne pathogens).
(c) Submission of documentation.--Within 60 days of the
effective date of this subsection, the department shall
prescribe evidentiary documentation proving completion of the
certification requirement under subsection (a), which must be
submitted to the department within 180 days of the effective
date of this subsection and every year thereafter.
Section 4. Powers and duties of the department.
(a) General rule.--The department shall promulgate rules and
regulations necessary to carry out the provisions of this act,
including, but not limited to, recordkeeping requirements of
tattoo, body piercing and corrective cosmetic establishments
regarding compliance with this act and the availability of the
records for inspection by the department upon request.
(b) Bloodborne pathogen course.--Within 60 days of the
effective date of this subsection, the department shall approve
one or more courses that may be used by tattoo artists, body
piercing artists and corrective cosmetic artists and employees
to satisfy the bloodborne pathogen certification requirement
under section 3(a) in person or through a publicly accessible
Internet website, provided that any department-approved courses
provide an opportunity for interactive questions and answers
with the instructor. The courses shall address the following:
(1) An explanation of the epidemiology and symptoms of
bloodborne diseases.
(2) An explanation of the transmission of bloodborne
pathogens.
(3) An explanation of the protections and requirements
provided by the Occupational Safety and Health Administration
standard for bloodborne pathogens.
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(4) An explanation of methods for recognizing tasks
involving occupational exposure to blood or other potentially
infectious materials and the procedures to follow to prevent
or reduce exposure in providing tattoos, body piercings or
corrective cosmetics.
(5) Information on the proper selection, use, handling
and disposal of personal protective equipment.
(6) An explanation of the procedures and actions to take
and appropriate persons or entities to contact in an
emergency involving exposure to blood or other potentially
infectious materials, as well as appropriate medical follow-
up after exposure occurs.
Section 5. Penalties.
An individual who violates a provision of this act shall be
subject to a civil penalty of:
(1) For a first violation, not more than $500.
(2) For a second or subsequent violation, not more than
$1,000.
Section 6. Applicability.
(a) General rule.--This act shall not apply to the
following:
(1) a physician or other health care practitioner
licensed, registered or certified in this Commonwealth acting
within the physician's or practitioner's scope of practice
who performs body piercing or tattooing services for medical
reasons;
(2) a funeral director licensed in this Commonwealth who
performs body piercing or tattooing services as required by
the profession; or
(3) corrective cosmetic establishments physically
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located in a licensed physician's office, hospital or clinic.
(b) Contractors.--Nothing under this act shall prohibit an
individual operating a tattoo, body piercing or corrective
cosmetic establishment from requiring a contractor to comply
with the provisions of this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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