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, <-whether public 
7or private, temporary or permanent in nature and location, where
8body art, whether or not for 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 <-or animals that
24results from a transmissible infection, whether or not patent,
25apparent, inapparent, 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, <-may 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:

4(i) Physical location.

5(ii) Specifications of walls, ceilings, floors,
6partitions, fixtures and equipment.

7(iii) Lighting

8(iv) Ventilation.

9(v) Water supply.

10(vi) Liquid waste disposal.

11(vii) Refuse storage and disposal.

12(viii) Toilets and lavatories.

13(ix) Sinks.

14(x) Insect and rodent control.

<-15including, but not limited to, any health, sanitation,
16sterilization and safety standards.

17(2) Temporary establishment requirements<-, including, but 
18not limited to, any health, sanitation, sterilization and 
19safety standards.

20(3) Operator training requirements.

21(4) Practitioner training requirements.

22(5) Apprentice training requirements.

<-23(6) Health, sanitization, sterilization and safety
24standards for body art establishments and temporary
25establishments.

26(7) Body art establishment and temporary establishment
27recordkeeping.

28Section 4. Licensing and fees.

29(a) Requirement.--No person may establish, maintain or
30operate or hold itself out as authorized to establish, maintain

1or operate a body art establishment without first obtaining a
2license issued by the department.

3(b) Application.--A person may apply for a license required
4under subsection (a) by submitting an application to the
5department on a form prescribed by the department. The form
6shall require all of the following:

7(1) The applicant's legal name, home address and
8telephone number, full business name, business address and
9business telephone number. The applicant shall state whether
10the applicant is an individual, partnership, firm or
11corporation. If the applicant is a partnership, the names and
12addresses of the partners shall be included on the
13application. If the applicant is a corporation, the names and
14addresses of all corporate <-offices officers shall be included
15on the application.

16(2) Plans and specifications that illustrate the
17location of the proposed establishment and a floor plan of
18the establishment as it is proposed to be operated. The plans
19shall indicate the layout of the reception area, procedure
20areas, cleaning and sterilization area, storage area and
21toilet facilities.

22(3) A complete description of all <-services procedures to
23be provided, the proposed hours of operation<-, and the name of
24the operator <-and the names of all practitioners and their 
25exact duties. The applicant shall include a copy of the
26informed consent <-form proposed by the body art establishment
27for each procedure.

<-28(4) The names and addresses of all manufacturers of
29processing equipment, instruments, jewelry and inks used for
30any and all body art procedures.

1(5) <-(4) A signed and dated certification that the
2applicant has read and understands the requirements of this
3act.

<-4(6) (5) Any additional information required by the
5department.

6(c) Determination.--The department shall issue a license to
7the applicant upon determination that the applicant meets all of
8the requirements of this act.

9(d) Fees.--An applicant must pay a license fee of $100 per
10body art establishment. The department may increase fees by
11regulation in an amount sufficient to cover the cost of annual
12inspection and administration of this act.

13(e) Posting.--A licensee shall post its license in a
14location clearly visible to its customers.

15(f) Expiration.--A license shall expire annually on the date
16specified in the license.

17(g) Renewal.--A licensee must file an application for
18renewal on a form prescribed by the department prior to
19expiration of its current license.

20(h) Nontransferable.--A license shall not be transferable
21from one person or one body art establishment to another.

22(i) Denial, suspension or revocation.--The following shall
23apply to the denial, suspension or revocation of a license:

24(1) The department may deny, suspend or revoke licensure
25for any of the following reasons:

26(i) Submission of false statements in applications,
27reports, plans or specifications.

28(ii) For <-health, sterilization, sanitation or safety
29conditions that violate this act.

30(iii) Operation of the body art establishment in a

1manner that threatens public health or safety.

2(iv) Failure to allow the department to enter the
3body art establishment <-at reasonable during normal 
4business hours for inspection or investigation.

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

6(2) (i) Except in cases involving an immediate threat
7to public health and safety under section <-10(c) 8(c), the
8department shall, prior to suspension or revocation of a
9license, provide written notice to the licensee of the
10facts or conduct which may warrant suspension or
11revocation and shall provide the licensee with an
12opportunity to demonstrate or achieve compliance.

13(ii) The licensee may request an administrative
14hearing upon receipt of the written notice.

15Section 5. Inspection.

16(a) Time.--The department <-may shall conduct an initial
17inspection of a body art establishment after receipt of an
18application for a license under section 4 and shall randomly
19inspect <-20% of all licensed facilities each year thereafter.

20(b) Conduct.--Inspections conducted by the department under
21this section shall encompass all of the following matters:

22(1) <-The operation of the body art establishment Health, 
23sterilization, sanitation and safety standards.

24(2) Review of required records and training
25documentation.

<-26(3) Operator understanding and competency.

27(4) <-(3) Any other area that is required by this act.

28Section 6. Duties and responsibilities of practitioners.

29(a) General health.--The department shall establish by
30regulation minimum health standards for all practitioners and

1persons working in any area of a body art establishment which
2may be necessary to prevent the contamination of body art
3equipment, supplies or work surfaces with pathogenic organisms.

<-4(b) Infectious disease.--A notarized statement from a

<-5(b) Infectious disease.--The practitioner shall comply with
6either of the following:

7(1) The practitioner shall complete the Bloodborne
8Pathogen Certification requirements under 29 CFR 1910.1030
9(relating to bloodborne pathogens).

10(2) A notarized statement from a licensed physician
11shall be provided to the department, prior to the issuance of
12a license under this act, that confirms that the practitioner
13was examined by the physician, a test of the practitioner's
14blood was made and the results of that test indicate that:

<-15(1) the practitioner is free from all contagious and
16infectious diseases, including hepatitis B;

17(2) the practitioner has completed a vaccination series;

18(3) antibody testing reveals that the practitioner is
19immune to certain diseases;

20(4) a vaccine is contradicted for medical reasons; or

21(5) the practitioner has a Blood Borne Pathogen
22Certification.

<-23(i) the practitioner is free from all bloodborne
24diseases, including, but not limited to, hepatitis B; or

25(ii) antibody testing reveals that the practitioner
26is immune to certain highly communicable diseases.

27(c) Notifications.--

28(1) Verbal and written instructions for the care of the
29tattooed or pierced site on the body shall be provided to
30each customer by the practitioner upon the completion of the

1procedure.

2(2) The written instructions shall advise the customer
3to consult a physician at the first sign of infection and
4contain the name, address and telephone number of the body
5art establishment.

6Section 7. Minors.

7(a) Prohibitions.--It shall be unlawful for any person to
8perform body art services on any other person 18 years of age or
9younger without the presence, written consent and proper
10identification of the other person's parent or legal guardian.

11(b) Regulations.--The department shall promulgate
12regulations establishing standards for verification of age and
13documentation of consent.

14(c) Revocation.--Any person who <-knowingly violates
15subsection (a) shall have the license under this act revoked for
16two years.

17(d) License.--Any person who <-knowingly violates subsection
18(a) may not be licensed for two years from the date of the
19violation or revocation, whichever is later.

<-20Section 8. Inspections, violations and injunctions.

21(a) Access.--The department shall have access at reasonable
22times to any body art establishment, including its records, to
23inspect and determine whether a violation of this act has or
24will occur.

<-25Section 8. Tongue splitting limitations.

26Tongue splitting shall only be performed by a physician or
27dentist licensed in this Commonwealth.

28Section 9. Violations and injunctions.

<-29(b) (a) Violations.--It is a violation of this act for an
30operator or practitioner or apprentice to administer anesthetic

1injections or other medications and prescription drugs to a
2customer of any body art establishment.

<-3(c) (b) Penalty.--

4(1) A person who operates a body art establishment in
5violation of this act commits a misdemeanor and shall be
6subject to suspension or revocation of the body art
7establishment's license. <-A person who operates a body art 
8establishment in violation of this act commits a misdemeanor.

9(2) A person who violates section 7 shall be subject to
10a civil penalty of not more than $500 for the first
11violation, up to $1,000 for the second violation and up to
12$2,000 for each subsequent violation. The penalty shall be
13paid to the Department of Health for deposit in the State
14Treasury.

<-15(2) A person who violates section 7 commits an offense
16under 18 Pa.C.S. § 6311 (relating to tattooing and body 
17piercing).

18(3) A person who violates section 8 commits a
19misdemeanor of the first degree for the first violation and a
20felony of the third degree for a second or subsequent
21violation.

<-22(d) (c) Suspension or revocation.--If the department finds
23that a violation of this act creates an immediate threat to the
24health and safety of the public, the department may suspend or
25revoke the body art establishment's license to operate.

<-26(e) (d) Procedure.--

27(1) The department may take the following action, in
28writing or by using any other act or regulation, to enforce
29the provisions of this act:

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

1(ii) Specify the manner in which the operator or
2practitioner failed to comply with this act.

3(iii) Require a corrective action plan, including a
4reasonable time schedule for completion. The department
5shall review the corrective action plan and approve or
6require modification of the plan.

7(2) If a body art establishment fails to comply with the
8conditions of the written notice provided under paragraph
9(1), the department shall notify the operator, by certified
10mail, that unless action is taken within five days of receipt
11of the written notice, the body art establishment's license
12shall be suspended or revoked.

<-13Section 9. Tongue splitting limitation.

14(a) General rule.--No person may perform tongue splitting on
15another person unless the person is a physician or dentist
16licensed in this Commonwealth.

17(b) Grading.--Any person who violates the provisions of this
18section commits a misdemeanor of the first degree for a first
19offense and a felony of the third degree for a second or
20subsequent offense.

21Section 10. Construction.

22Nothing is this act shall be construed to:

23(1) Prevent a physician or surgeon licensed in this
24Commonwealth from performing body art services for medical
25reasons.

26(2) Prevent a funeral director licensed in this
27Commonwealth from performing body art services as required by
28that profession.

29(3) Require the license of permanent cosmetic
30establishments physically located in a licensed physician's

1office, hospital or clinic. Those establishments shall also
2be exempt from facility requirements as provided in section
33(a)(1).

4Section 11. Body Art Establishment Regulation Account.

5(a) Establishment.--The Body Art Establishment Regulation
6Account is established as a restricted account in the State
7Treasury.

8(b) Disposition of moneys.--All fees, fines and civil
9penalties imposed in accordance with this act shall be paid into
10the Body Art Establishment Regulation Account and are hereby
11appropriated to the department on a continuing basis for use in
12the performance of its duties under this act.

13Section 12. Effective date.

14This act shall take effect in <-six months 180 days.