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HB 456 - Establishes Regulations for Tattoo Industry - Pennsylvania Key Vote

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Legislation - Bill Passed (House) (173-17) - (Key vote)
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Title: Establishes Regulations for Tattoo Industry

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Vote Smart's Synopsis:

Vote to pass a bill that establishes regulations for the tattoo industry.

Highlights:
  • Defines “registry” as the Tattoo, Body-Piercing and Corrective Cosmetic Artists Central Registry (Sec. 3).

  • Defines “sanitization” as the reduction of the population of microorganisms to safe levels as determined by public health officials (Sec. 3).

  • Defines “sterilization” as the process of destruction of the forms of life by physical or chemical means (Sec. 3).

  • Defines “infectious disease” a disease of humans or animals resulting from a transmissible infection, whether or not patent, apparent, inapparent, latent, clinical or subclinical (Sec. 2).

  • Defines “ocular tattooing” any method of placing ink or other inert pigment into the mucosa, cornea, sclera or iris of the ey 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 (Sec. 3).

  • Defines “department” as the Department of Health of the Commonwealth (Sec. 3).

  • Defines “temporary establishment” as an establishment that (Sec. 3):

    • Performs tattooing, body piercing, or both;

    • Is operated by an individual registered under this act; and

    • 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

  • Requires the department to establish the Tattoo, Body-Piercing and Corrective Cosmetic Artists Central Registry (Sec. 4).

  • Specifies that an individual who performs tattooing, body-piercing or corrective cosmetic services within the Commonwealth to meet the requirements of this act and register with the department on forms provided by the department (Sec. 4).

  • Requires the department to adopt regulations in conformity with the Regulatory Review Act, and must include, but not be limited to (Sec. 5):

    • Tattoo, body-piercing and corrective cosmetic establishment registration and facility registration and facility registration requirements:

    • Temporary establishment registration requirements;

    • Tattoo artist and body-piercing artist registration requirements;

    • Apprentice tattoo artist and body-piercing artist registration and requirements;

    • Development and maintenance of and registration in the registry;

    • Tattoo artist and body-piercing artist hygiene;

    • Health, sanitization, sterilization and safety standards for tattoo, body-piercing or corrective cosmetic establishments and temporary establishments;

    • Tattoo and body-piercing establishment and temporary establishment recordkeeping;

    • Qualification for the registration of corrective cosmetic artists; and

    • Tongue splitting.

  • Prohibits the department to regulate artistic aspects of tattooing, body piercing or corrective cosmetics that are unrelated to health sanitization, sterilization or safety standards (Sec. 5).

  • Requires the department to 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 (Sec. 5).

  • Requires a notarized statement from a licensed physician to 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 (Sec. 6):

    • The artist is free from all contagious and from all contagious and infectious diseases, including hepatitis B;

    • The artist was either completed or was offered and declined a vaccination series;

    • Antibody testing reveals that the artist is immune to certain diseases; or

    • A vaccine is contraindicated for medical reasons.

  • Prohibits an individual to perform a tattooing or body piercing service on another individual under 18 years of age without the written consent of a parent or legal guardian of the other individual (Sec. 7).

  • Prohibits an individual to perform a tattooing or body-piercing service on the genitals of another individual who is under 18 years of age and is not emancipated (Sec. 7).

  • Requires the department to promulgate regulations establishing standards for verification of age and documentation of consent (Sec. 7).

  • Requires that 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 to have the registration under this act revoked for two years (Sec. 7).

  • Specifies that this act will not supersede the power of municipality to (Sec. 8):

    • Inspect a tattoo or body-piercing establishment or temporary establishment;

    • Regulate the manner in which tattooing or body piercing may be performed;

    • Levey a lawful tax or fee; and

    • Require the purchase of a business privilege license unrelated to competence in the practice of tattooing or body-piercing.

  • Prohibits a municipality from requiring a tattoo artist or 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 (Sec. 8).

  • Prohibits an individual can not perform a tongue splitting on another individual unless the tongue splitting is performed by a physician or dentist licensed in the Commonwealth (Sec. 10).

  • Requires an individual who violates a provision of this act to be subject to the following penalties (Sec. 12):

    • For a first violation, a monetary penalty of not more than $500;

    • For a second violation, a monetary penalty of not more than $1000; or

    • For a third or subsequent violation in a two year period, a monetary penalty of $1000 and revocation of registration for the next calendar year.

  • Specifies that if the violation constitutes intentional endangerment of the public health and safety, and individual will be subject to a misdemeanor of the third degree (Sec. 12).

Legislation - Introduced (House) -

Title: Establishes Regulations for Tattoo Industry

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