Regular Session 2021-2022 House Bill 1975 P.N. 2265

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

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).

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.

(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.

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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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.

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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