Analysis

Topic:Tattoo Facility Licensing
SPONSOR: Reps. Hale et al.
HOUSE COMMITTEE:Regulatory Affairs
POSITION:The Department of Consumer and Industry Services does not support the bill.

Problem/Background: In 1996 the Public Health Code was amended to add a provision to make it a misdemeanor to tattoo, brand or perform body-piercing on a minor without prior written consent of the parent or guardian. That act also made it a misdemeanor to tattoo, brand or perform body-piercing on a person who was under the influence of liquor or a controlled substance. Some feel that the 1996 act did not go far enough and that the risks of hepatitus B or other serious infection from tattoo needles requires additional regulation. The bill is intended to assure safe and healthful facilities for tattooing, branding, and body piercing.

DESCRIPTION OF THE BILL: The bill establishes a new class of health facility called a "Tattoo Facility" and prohibits tattooing, branding, and body-piercing unless it occurs at a licensed tattoo facility. The bill requires the Department to promulgate rules governing the operation of tattoo facilities and requires periodic inspections. The bill also establishes certain operating requirements for tattoo facilities, such as the use of rubber gloves, patient information sheets, and the maintenance of records. Rules must include facility design standards, equipment standards, and dye standards.

SUMMARY OF ARGUMENTS:
PRO: There is risk of infection if tattooing and/or body piercing is not performed properly. There have been documented cases of hepititus B spread through tattoo needles.

CON: Infections and other complications can be controlled through use of properly licensed individuals to perform these procedures. A separate facility licensure program will be very expensive and is not needed to protect the public.

SUPPORTERS/PROPONENTS: No information is available at this time.

FISCAL INFORMATION: The Department expects approximately 200 facilities will have to be licensed statewide. If this is true, approximately three FTE's will be required to administer the program at a cost of approximately $240,000 annually. The fees established by the bill will not cover the cost of the program.

ECONOMIC IMPACT: The bill may raise the cost of these procedures.