Rep(s). By Representative Rogers (M)
Enrolled, An Act, Existing law does not regulate tattoo parlors or the tattooing and body piercing of individuals. This bill would provide for the regulation of tattoo parlors and tattooing and body piercing.This bill would provide for the State Department of Health to promulgate rules and regulations.This bill would provide for civil relief and criminal penalties.
To regulate tattoo parlors and the practice of tattooing, branding, and body piercing; to provide for civil relief and criminal penalties for violations; and to make an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. As used in this act the following terms shall have the following meanings:
(1) BODY PIERCING. The perforation of human tissue other than ear for a nonmedical purpose.
(2) BRANDING. A permanent mark made on human tissue by burning with a hot iron or other instrument.
(3) DEPARTMENT. State Department of Public Health.
(4) MINOR. An individual under 18 years of age who is not emancipated. An emancipated minor is or has been married or has by court order otherwise been legally freed from the care, custody, and control of his or her parents.
(5) TATTOO. An indelible mark made upon the body of another individual by the insertion of a pigment in or under the skin or an indelible design upon the body of another individual by production of scars other than by branding.
(6) TATTOO FACILITY. The geographic location at which an individual does one or more of the following for compensation:
a. Places an indelible mark upon the body of another individual by the insertion of a pigment in or under the skin.
b. Places an indelible design upon the body of another individual by production of scars.
c. Performs body piercing.
Section 2. (a) An individual shall not tattoo, brand, or perform body piercing on another individual or a minor unless the individual obtains the prior written, informed consent of the parent or legal guardian of the minor. The parent or legal guardian of the minor shall execute the written, informed consent required under this subsection in the presence of the individual performing the tattooing, branding, or body piercing on the minor or in the presence of an employee or agent of that individual.
(b) A person shall not tattoo, brand, or perform body piercing on another individual if the other individual is under the influence of intoxicating liquor or a controlled substance.
Section 3. (a) A person shall not tattoo, brand, or perform body piercing on another individual unless each of the following conditions are met:
(1) The tattooing, branding, or body piercing occurs at a tattoo facility licensed under this act.
(2) The individual receiving the tattoo, branding, or body piercing is 18 years of age or older.
(b) The owner or operator of a tattoo facility may apply to the department for a tattoo facility license under this act on a form provided by the department, and at the time of application shall pay to the department the appropriate fee under subsection (c). If the department determines that the application is complete and the tattoo facility proposed or operated by the applicant meets the requirements of this act and the rules promulgated pursuant to this act, the department shall issue a license to the applicant for the operation of that tattoo facility. The license shall be effective for a time period prescribed by rule of the department.
(c) Subject to Section 7, the owner or operator of a tattoo facility shall pay one of the following fees at the time of application for a facility license:
(1) Initial annual license . . . . . . . . . $250.
(2) One-year renewal of an annual license . . $200.
(3) Temporary license to operate a tattoo
facility at a fixed location for not more than a
two-week period . . . . . . . . . . . . . . $50.
Section 4. (a) Before issuing a license to an applicant under this act, the department shall inspect the premises of the tattoo facility that is the subject of the application.
(b) The department shall periodically inspect each tattoo facility licensed under this act to ensure compliance.
(c) The department shall issue a license under this act to a specific person for a tattoo facility at a specific location and the license issued shall be nontransferable.
Section 5. The owner or operator of a tattoo facility licensed under this act shall apply to the department for renewal of the license under this act not less than 30 days before the license expires. Upon payment of the renewal fee prescribed by subsection (c) of Section 3, the department shall renew the license if the applicant is in compliance with this act and the rules promulgated pursuant to this act.
Section 6. A person who owns or operates a licensed tattoo facility shall do each of the following:
(1) Display the license in a conspicuous place with in the customer service area of the tattoo facility.
(2) Ensure that an individual engaged in tattooing in the tattoo facility wears disposable gloves approved by the department when tattooing, branding, or body piercing, or when cleaning instruments used in tattooing, branding, or body piercing.
(3) Maintain a permanent record of each individual who has been tattooed, branded, or who has had body piercing performed at a tattoo facility, and make the records available for inspection by the department or local county health department. The record shall include, at a minimum, the individual’s name, address, age, and signature, the date, the design, and location of the tattooing, branding, or body piercing, and the name of the individual performing the tattooing, branding, or body piercing.
(4) Prohibit smoking within the tattoo facility.
(5) (4)Provide each customer with a written information sheet approved by the department that provides instructions on tattoo site, branding site, and body-piercing site care, which shall include a recommendation that a person seek medical attention if the tattoo site, branding site, or body-piercing site becomes infected or painful, or if the person develops a fever soon after being tattooed, branded, or having body piercing performed.
(6) (5)Within 24 hours of becoming aware that an individual tattooed, branded, or body pierced at the tattoo facility is infected with a communicable disease, notify the department or a local county health department.
Section 7. (a) The department shall perform each of the following duties:
(1) Enforce this act and the rules promulgated under this act.
(2) Promulgate rules necessary to implement this act, including, but not limited to rules, governing each of the following:
a. Tattoo facility design and construction.
b. Tattoo, branding, and body-piercing equipment standards, including, but not limited to, cleaning and sterilization requirements.
c. Tattoo dye standards.
d. Inspection of tattoo facilities.
e. Tattoo facility license renewal.
(b) The department may exercise any of the following powers:
(1) Appoint an advisory committee to assist the department in rule development.
(2) After notice and an opportunity for a hearing, suspend, revoke, or deny a license or license renewal for a violation of this act or a rule promulgated pursuant to this act.
(c) Local county health departments may enforce this act and all rules promulgated pursuant to this act.
(d) In addition to any other enforcement action authorized by law, a person alleging a violation of this act may bring a civil action for appropriate injunctive relief.
Section 8. A person who violates this act or a rule promulgated under this act shall be guilty of a Class C misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than one hundred dollars ($100), or both, for each violation.
Section 9. In addition to all other appropriations heretofore or hereafter made, there is hereby appropriated to the Department of Public Health all fees collected pursuant to this act for fiscal years ending September 30, 2000, and September 30, 2001.
Section 10. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.