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PRINTER'S NO. 176
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
210
Session of
2021
INTRODUCED BY DeLUCA, A. DAVIS, BROOKS AND CIRESI,
JANUARY 22, 2021
REFERRED TO COMMITTEE ON HEALTH, JANUARY 22, 2021
AN ACT
Providing for the regulation of tattoos, body piercings and
corrective cosmetic artists, for limiting tongue splitting
and 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 shall 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 an object, including
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 burn scars, acne scars, age
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spots and skin discoloration due to loss of pigmentation.
"Department." The Department of Health of the Commonwealth.
"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 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." 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
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
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act.
(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.
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 shall 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 shall include:
(1) Tattoo, body-piercing and corrective cosmetic
establishment registration and facility registration
requirements, including:
(i) Physical location.
(ii) Specifications of walls, ceilings, floors,
partitions, fixtures, equipment and other appurtenances.
(iii) Lighting.
(iv) Ventilation.
(v) Water supply.
(vi) Liquid waste disposal.
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(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
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:
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(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 an initial facility
registration and shall randomly inspect 20% of all registered
facilities each year thereafter. The inspection shall 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
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).
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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
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.--
(1) An individual may not perform a tattooing or body-
piercing service on another individual under 18 years of age
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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.--An individual who performs a tattooing or
body-piercing service on a body part of 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.--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
or temporary establishment.
(ii) Regulate the manner in which tattooing or body
piercing may be performed.
(iii) Levy a lawful tax or fee.
(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
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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 does 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 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
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.-- An individual may not operate
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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) 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.--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.--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.
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
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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 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
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.
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(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 an individual that has
been revoked for two years from the date of violation or
revocation, whichever is later. 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.
(e) Surrender of suspended or revoked registration.--The
department shall require an individual whose registration has
been suspended or revoked to return the registration in a manner
prescribed by the department.
Section 12. Penalties.
An individual who violates a provision of this act shall be
subject to the following penalties:
(1) Except as provided in paragraph (2):
(i) For a first violation, a penalty of not more
than $500.
(ii) For a second violation, a penalty of not more
than $1,000.
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(iii) For a third or subsequent violation in a two-
year period, a 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.
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 an individual
is injured by the actions complained of in the 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 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
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(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
days.
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