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PRINTER'S NO. 2265
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1975
Session of
2021
INTRODUCED BY R. BROWN, HANBIDGE, MILLARD, HENNESSEY, SMITH,
MAJOR, SILVIS AND MIZGORSKI, OCTOBER 18, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 18, 2021
AN ACT
Providing for the licensure or registration of tattoo artists,
guest tattoo artists, tattoo establishments and temporary
establishments; regulating the practice of tattooing;
imposing fees; providing for inspections by Department of
Health; and imposing administrative and criminal 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
Practice 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:
"Active license." A current license issued by the department
to a tattoo artist or tattoo establishment under section 3 or 4
that is not expired, suspended or revoked.
"Active registration." A current registration issued by the
department to a guest tattoo artist under section 3 that is not
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expired, suspended or revoked.
"Department." The Department of Health of the Commonwealth.
"Guest tattoo artist." An individual who is licensed,
registered or certified to practice tattooing in a jurisdiction
outside of this Commonwealth and who is registered with the
department under section 3 to practice tattooing in this
Commonwealth.
"Operator." An individual designated by a tattoo
establishment or temporary establishment to control the
operation of the establishment.
"Permanent makeup." A technique which employs tattoos as a
means of producing designs that resemble makeup, including, but
not limited to, eyeliner and other permanent enhancing colors to
the skin of the face, lips, eyebrows and eyelids.
"Stop-use order." A written notice from the department
requiring any tattoo establishment, temporary establishment,
tattoo artist, guest tattoo artist, operator or unlicensed
person engaged in activities regulated under this act to remove
tattooing equipment or supplies, or to cease conducting
particular procedures, because the equipment or supplies are not
being used or the procedures are not being conducted in
accordance with this act.
"Tattoo." A mark or design made on or under the skin of a
human being by a process of piercing and ingraining a pigment,
dye or ink in the skin.
"Tattoo artist." An individual licensed to practice
tattooing under section 3.
"Tattoo establishment." Any permanent location, place, area,
structure or business where tattooing is performed in this
Commonwealth.
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"Temporary establishment." Any location, place, area or
structure where tattooing is performed in this Commonwealth
during a convention or other similar event that does not exceed
14 consecutive days.
Section 3. Licensure or registration of tattoo artists or guest
tattoo artists.
(a) Prohibition.--An individual may not tattoo the body of
any human being in this Commonwealth unless the individual is
licensed as a tattoo artist or registered as a guest tattoo
artist under this section.
(b) Licensure.--
(1) An individual seeking licensure as a tattoo artist
shall apply to the department in a format specified by the
department. The application under this subsection shall
include all of the following information:
(i) The name and residence address of the applicant.
(ii) The name and street address of each tattoo
establishment and temporary establishment where the
applicant intends to practice tattooing in this
Commonwealth.
(2) The department shall issue a license to an applicant
under paragraph (1) who meets all of the following criteria:
(i) The applicant is 18 years of age or older.
(ii) The applicant submits a completed application.
(iii) The applicant pays the license fee imposed
under section 7(a)(3).
(iv) The applicant submits proof of the successful
completion of an education course approved by the
department under subsection (c) on blood-borne pathogens
and communicable diseases.
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(v) The applicant submits proof of passage, with a
score in excess of 70% sufficiency, of an examination
approved by the department under subsection (c) on the
material presented in the education course completed
under subparagraph (iv).
(c) Education courses and examinations.--The department
shall approve an education course and examination that allows an
applicant to meet the criteria under subsection (b)(2)(iv) and
(v) in person or through an Internet website.
(d) Change of address.--A tattoo artist shall, within 30
days, notify the department of a change to any of the following
information disclosed in the tattoo artist's most recent
application for the issuance or renewal of the tattoo artist's
license in a format specified by the department:
(1) The name and residence address of the tattoo artist.
(2) The name and street address of each tattoo
establishment in this Commonwealth where the tattoo artist
has practiced tattooing for more than 14 days since the
issuance or most recent renewal of the tattoo artist's
license.
(e) Registration.--
(1) An individual seeking registration as a guest tattoo
artist shall apply to the department in the format specified
by the department. The application under this subsection
shall include all of the following information:
(i) The name and residence address of the applicant.
(ii) The name and street address of each tattoo
establishment and temporary establishment where the
applicant will practice as a guest tattoo artist.
(2) The department shall issue a registration to an
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applicant under paragraph (1) who meets all of the following
criteria:
(i) The applicant is 18 years of age or older.
(ii) The applicant submits a completed application.
(iii) The applicant pays the registration fee
imposed under section 7(a)(4).
(iv) The applicant holds an active license, a
registration or a certification issued by a jurisdiction
outside of this Commonwealth, including the District of
Columbia, another state or territory of the United States
or a foreign nation, and any of the following apply:
(A) The education and examination requirements
of the license, registration or certification
substantially meet or exceed the requirements of the
education course and examination approved by the
department under subsection (b)(2)(iv) and (v).
(B) The applicant meets the criteria specified
under subsection (b)(2)(iv) and (v).
(f) Renewal and reregistration.--A tattoo artist license
shall be valid for one year and must be renewed annually. A
guest tattoo artist registration shall be valid for 14 days. A
guest tattoo artist may apply for reregistration before or after
expiration of the guest tattoo artist's current registration.
(g) Transferability.--A tattoo artist license or guest
tattoo artist registration issued by the department under this
section shall not be transferable.
Section 4. Licensure of tattoo establishments and temporary
establishments.
(a) Tattooing prohibited.--An individual may not tattoo the
body of a human being in this Commonwealth unless the individual
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is located at a tattoo establishment or temporary establishment
licensed under this section.
(b) Operation prohibited.--An individual may not operate a
tattoo establishment or temporary establishment in this
Commonwealth unless the tattoo establishment or temporary
establishment is licensed under this section.
(c) Licensure.--
(1) An individual seeking licensure of a tattoo
establishment must apply to the department in a format
prescribed by the department. The application under this
subsection shall include all of the following information:
(i) The registered business name, including any
fictitious name under which the tattoo establishment
conducts business in this Commonwealth.
(ii) The street address and telephone number of the
tattoo establishment.
(iii) The name, mailing address and telephone number
of the tattoo establishment's operator.
(iv) The name and address of the tattoo
establishment's registered office.
(2) The department shall issue a tattoo establishment
license to an applicant under paragraph (1) if all of the
following criteria are met:
(i) The applicant submits a completed application.
(ii) The applicant pays the license fee specified
under section 7(a)(4).
(iii) The establishment complies with all applicable
local building, occupational, zoning and health codes.
(d) Unlicensed businesses.--A tattoo establishment may be
located in a single room in a business not licensed under this
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section if the room meets the practice requirements under
section 5 and the room is being used exclusively for permanent
makeup.
(e) Temporary establishments.--A temporary establishment
shall meet the same requirements for licensure as a tattoo
establishment.
(f) Change of address.--A license shall be valid only for
the location listed on the license. A tattoo establishment must
notify the department, in a format specified by the department,
before changing a licensed location. A tattoo establishment with
more than one location shall obtain a separate license for each
location.
(g) Validity and renewals.--A tattoo establishment license
shall be valid for one year and must be renewed annually. A
temporary establishment license shall be valid for the duration
of a convention or other similar event for which the license is
issued not to exceed 14 consecutive days.
(h) Transferability.--A license issued by the department
under this section shall not be transferable.
Section 5. Practice requirements of tattoo establishments and
temporary establishments.
A tattoo establishment or temporary establishment shall do
all of the following:
(1) Display an active license for the establishment in a
manner that is easily visible to the public at all times
while tattooing is performed at the establishment.
(2) Ensure that each tattoo artist and guest tattoo
artist, while practicing tattooing at the establishment,
meets all applicable requirements established by the
department.
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(3) Maintain sanitary conditions at the establishment at
all times.
(4) Comply with all State and local health laws,
regulations, ordinances and codes.
(5) Allow the department to inspect the establishment in
accordance with section 8.
Section 6. Practice requirements of tattoo artists and guest
tattoo artists.
A tattoo artist or guest tattoo artist shall do all of the
following:
(1) Display the artist's active license or active
registration in a manner that is easily visible to the public
at all times while practicing tattooing.
(2) Practice tattooing exclusively at a tattoo
establishment or temporary establishment licensed under
section 4.
(3) Maintain sanitary conditions at a tattoo
establishment or temporary establishment at all times.
(4) Comply with all State and local health laws,
regulations, ordinances and codes.
Section 7. Imposition of fees.
(a) Imposition.--Except as provided under subsection (b),
the department shall impose the following fees:
(1) For initial licensure of a tattoo establishment and
the renewal of the license, a fee not to exceed $250 per
year.
(2) For the licensure of a temporary establishment, a
fee not to exceed $250.
(3) For the initial licensure of a tattoo artist and the
renewal of the license, a fee not to exceed $150 per year.
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(4) For registration or reregistration of a guest tattoo
artist, a fee not to exceed $45.
(5) For reactivation of an inactive tattoo establishment
license, a fee not to exceed $250 per year.
(6) For reactivation of an inactive tattoo artist
license, a fee not to exceed $150 per year.
(b) Adjustment.--The department may annually adjust the fees
imposed under subsection (a) in accordance with the percentage
change in the Consumer Price Index for All Urban Consumers for
the Pennsylvania, New Jersey, Delaware and Maryland area, for
the most recent 12-month period for which figures have been
officially reported by the United States Department of Labor,
Bureau of Labor Statistics.
Section 8. Inspections by department.
(a) Authorization.--The department may inspect and
investigate each tattoo establishment or temporary establishment
as necessary to ensure compliance with this act.
(b) Initial inspections.--The department shall inspect a
tattoo establishment at least once before the tattoo
establishment performs tattoo services.
(c) Annual inspections.--The department shall annually
inspect 20% of all tattoo establishments in this Commonwealth on
a randomized basis.
(d) Temporary establishments.--The department shall inspect
a temporary establishment before and, as necessary, during a
convention or similar event where tattooing is performed at the
temporary establishment.
Section 9. Administrative penalties.
(a) Disciplinary actions.--The following acts by any tattoo
establishment, temporary establishment, tattoo artist, guest
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tattoo artist, operator or unlicensed person may be subject to
an administrative penalty under subsection (b):
(1) Providing false information on an application for
licensure or registration under section 3 or 4.
(2) Violating any State or local health law, regulation,
ordinance or code.
(3) Violating any provision of this act, regulation
promulgated under this act or order issued by the department
under this act.
(4) Being found guilty of or pleading nolo contendere
to, regardless of adjudication, a crime in any jurisdiction
which relates to the practice of tattooing or the operation
of a tattoo establishment or temporary establishment.
(5) Committing fraud, deceit, negligence or misconduct
in the practice of tattooing or the operation of a tattoo
establishment or temporary establishment.
(6) Aiding, procuring or assisting a person to
unlawfully practice tattooing or to unlawfully operate a
tattoo establishment or temporary establishment.
(7) Failing to keep a written notarized consent of the
parent or legal guardian of a minor child who is tattooed at
a tattoo establishment or temporary establishment under
section 10(b) or knowingly making false entries in a written
notarized consent of the parent or legal guardian of a minor
child.
(b) Penalties.--
(1) If the department determines that a person committed
an act specified under subsection (a), the department may
enter an order imposing any of the following administrative
penalties:
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(i) A refusal to issue a license or registration or
renew a license under section 3 or 4.
(ii) A suspension or revocation of a license or
registration under section 3 or 4.
(iii) An administrative fine not to exceed $1,500
for each count or separate act specified under subsection
(a).
(iv) A reprimand.
(v) Probation for a specified period and subject to
the conditions imposed by the department.
(vi) A stop-use order.
(vii) A corrective action.
(2) The department shall impose stricter penalties than
the penalties imposed under paragraph (1) on a person who
commits repetitive acts under subsection (a) or commits an
act under subsection (a) that endangers public health.
Section 10. Criminal penalties.
(a) Penalties.--A person commits a misdemeanor of the second
degree if the person engages in any of the following acts:
(1) Operating a tattoo establishment or temporary
establishment in this Commonwealth without a license under
section 4.
(2) Practicing tattooing in this Commonwealth without a
license or registration under section 3.
(3) Practicing tattooing in this Commonwealth at any
place other than a tattoo establishment or temporary
establishment.
(4) Obtaining or attempting to obtain a license or
registration under section 3 or 4 by means of fraud,
misrepresentation or concealment.
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(b) Minor children.--
(1) Except as provided under paragraph (2), an
individual may not tattoo the body of a minor child younger
than 18 years of age unless the tattooing is performed for
medical purposes by a physician licensed under the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or the tattooing is performed for dental purposes by a
dentist licensed under the act of May 1, 1933 (P.L.216,
No.76), known as The Dental Law.
(2) An individual may tattoo the body of a minor child
younger than 18 years of age if all of the following
requirements are met:
(i) The minor child is accompanied by the minor
child's parent or legal guardian.
(ii) The minor child's parent or legal guardian
shows a government-issued photo identification.
(iii) The minor child shows a photo identification,
including a photo identification issued by a school
entity.
(iv) The minor child's parent or legal guardian
submits a written notarized consent in a format specified
by the department.
(v) The minor child's parent or legal guardian
submits substantial proof that he or she is the minor
child's parent or legal guardian.
(3) Except as provided under subsection (c), an
individual who violates paragraph (1) or (2) commits a
misdemeanor of the second degree.
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(c) Exception.--An individual who tattoos the body of a
minor child younger than 18 years of age does not violate
subsection (b) if all of the following apply:
(1) The individual carefully inspects what appears to be
a government-issued photo identification that represents that
the minor child is 18 years of age or older.
(2) The minor child falsely represents himself or
herself as being 18 years of age or older and presents a
fraudulent photo identification.
(3) A reasonable person of average intelligence would
believe that the minor child is 18 years of age or older and
that the minor child's photo identification is genuine, was
issued to the minor child and truthfully represents the minor
child's age.
Section 11. Preemption of local ordinances or rules.
Nothing in this act shall preempt a local ordinance or rule
that imposes additional requirements on tattoo establishments,
temporary establishments, tattoo artists, guest tattoo artists
or the practice of tattooing than specified under this act.
Section 12. Applicability.
(a) Medical or dental purposes.--This act shall not apply to
tattooing performed for medical purposes by a physician licensed
under the act of December 20, 1985 (P.L.457, No.112), known as
the Medical Practice Act of 1985, or the act of October 5, 1978
(P.L.1109, No.261), known as the Osteopathic Medical Practice
Act, or tattooing performed for dental purposes by a dentist
licensed under the act of May 1, 1933 (P.L.216, No.76), known as
The Dental Law.
(b) Animals.--This act shall apply exclusively to the
tattooing of human beings. This act shall not apply to the
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tattooing of animals.
(c) Permanent makeup.--The act shall apply exclusively to
persons who provide tattoo services that are intended to be
permanent makeup.
Section 13. Effective date.
This act shall take effect in 60 days.
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