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House Bill 4451

Contact:  Office of Policy and Legislative Affairs
Agency: Energy, Labor & Economic Growth


Summary

Sponsor: Representative Hale
Topic: Tattoo Parlors
Committee: On House Floor

The bill would provide for the licensing of tattoo parlors by the Department of Consumer and Industry Services. After the effective date of rules promlgated under the new Section 13108, a license would be needed for an individual to tattoo, brand, or perform body-piercing at any other location than a licensed tattoo facility.

A tattoo facility license would be valid for 1 year. The fee for an initial license would be $250 and annual renewals would be $200. A temporary license valid for operating for two weeks could be obtained for $50. The department would be required to inspect the premises before issuing a license. Periodic inspections are required. A local health department may be authorized to perform inspections. A license is issued for a specific location and is not transferrable.

The owner of a tattoo facility would be required to display the license, maintain a permanent record of each individual client, assure that an individual wears disposable gloves and otherwise complies with the Public Health Code and the rules. The owner would be required to provide a customer with a written information sheet distributed and approved by the department that provides information on care of the site of the tattoo, brand, or body-piercing. Within 24 hours of becoming aware of a communicable disease infection the owner would be required to notify the department. Smoking would be prohibited in tattoo facilities.

The department would be required to promulgate administrative rules. The rules would be required to address five topics. These include facility design and construction, equipment standards, dye standards, inspection and license renewal.

The department is also required to develop and distribute an information sheet or to approve information sheets developed by another entity. The department may also appoint an advisory committee and take action against a licensee.

A citizen may bring a civil action against an individual who violates the proposed licensing requirements.

Penalties for a violation are 90 days in jail, a fine of up to $100, or both jail and file, for each violation. Giving or selling a body-piercing kit or other body-piercing device to a minor would be punishable by a fine of up to $500.

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