Brief(1)
H.B. 2529 organizes and cleans up statutes enacted in 1996 that mandate the licensing of persons who engage in (1) body piercing or (2) tattooing and permanent color technology. The bill amends all but two of the original statutes, and one of the two not amended is repealed. While many of the amendments are technical in nature, some result in policy changes as noted herein.
Amendments to the definitions section of the 1996 act delete references to the Department of Health and Environment and the Secretary of Health and Environment, which are used in later statutes that require rules and regulations relating to the sterilization of instruments used in body piercing or tattooing to be approved by the Secretary of Health and Environment. Other statutes authorize the Board of Cosmetology to carry out periodic inspections of facilities of persons licensed to do body piercing or tattooing, separately or together with the Department of Health and Environment. These statutes are amended by H.B. 2529 to delete references to the Secretary and the Department of Health and Environment.
The definition of body piercing is amended to limit the exemption for persons who are engaged in ear piercing, currently defined as puncturing the external part of the human ear, to puncturing the external part of the earlobe.
Amendments to the statute that currently just prohibits the performance of tattooing, permanent color technology, or body piercing without a license (1) add a prohibition on the operation of a facility where tattooing, permanent color technology, or body piercing is practiced without the holding of a valid facility license issued by the Board; (2) add a prohibition against employing any individual who is not licensed to engage in any of the activities covered by the act; (3) create a new crime of violation of the three prohibited acts and make it a class A, nonperson misdemeanor; (4) authorize the Board of Cosmetology to bring an action to enjoin any person from practicing without a license or operating a facility without a facility license; (5) authorize the Board to issue orders for remedying violations of the law or rules and regulations; and (6) authorize the Board to issue a cease and desist order if the Board determines the holder of a license has violated any order of the Board, any rule or regulation, or any provision of law.
Amendments to a statute that currently lists acts in which no person shall engage in regard to the securing of or use of a license make such acts a class A, nonperson misdemeanor.
The requirements to be met by an applicant for an original license are changed to delete references to training in a school or with a person designated by the Board, leaving the requirement to be met by an applicant for an original license as completion of a training program under the direct supervision of a person approved in accordance with Board rules and regulations.
A new statute is created by H.B. 2529 that requires any person who teaches or trains persons in tattooing, permanent color technology, or body piercing to obtain a trainer's license, a new type of license created by the bill. In order to qualify for a trainer's license in permanent color technology or tattooing, the applicant must have five years of full-time active practice and be currently licensed. In order to qualify for a trainer's license in body piercing, the applicant must have three years of full-time active practice and a current license. A year of full-time practice is defined as 2000 hours in a 12-month period. New provisions relate to renewal of a trainer's license, renewal of an expired license, and renewal of a license that has expired for over six months.
H.B. 2529 creates a new statute that requires anyone who desires to practice any of the regulated practices while completing a training program to obtain an apprentice license, a new type of license created by the bill. An application for an apprentice license must be submitted before an individual begins a training program. An apprentice must practice under the direct supervision of the licensed trainer identified on the application for the license.
New law resulting from the provisions of H.B. 2529 would authorize the granting of a license to practice to an individual licensed by another state if specific requirements set out in the bill are met, including the submission of a statement from a person licensed to practice medicine and surgery that the applicant is free from infectious or contagious disease.
New provisions that concern a license to operate a mobile or stationary facility are included in H.B. 2529. One such new provision is the creation of a facility license fee.
A new requirement is established by H.B. 2529 for obtaining a renewal license when a license to practice has expired for more than six months. Under the current law, a license suspended for failure to renew may be reactivated upon payment of a reactivation fee and any unpaid renewal fees. The Board is specifically prohibited from requiring the taking of an examination as a condition of license reactivation if the latter takes place within three years of the date the license expired. Under the changes made by H.B. 2529, an applicant for renewal of a license that has expired for more than six months would have to meet the same requirements and pay the same fees as provided for an applicant for an original license plus provide proof of completion of continuing education required by the Board for applicants whose licenses have expired.
Two other new licenses created by H.B. 2529 are a temporary license to practice for no more than 15 continuous days as a permanent color technician and tattoo artist or body piercer and a temporary facility license to operate a facility for no more than 15 continuous days. The requirements to be met by applicants for the temporary license are set out in a new statute created by the bill.
Existing law is amended by H.B. 2529 to authorize the Board to limit or condition a license or censure a licensee in addition to existing authority to revoke, suspend, or refuse to issue a license. Additional grounds for Board action against a licensee created by the bill concern conviction of a felony, becoming a danger to the public by reason of alcohol or drug abuse, having practiced with a vision impairment that affects the ability to perform and endangers the public, demonstration of gross negligence, and violation of orders of the Board.
New fees are added to the listing of fees the Board is authorized to set by rules and regulations. The fees are made nonrefundable by the bill. Additionally, the Board is authorized to assess investigation and hearing costs against an unlicensed person when Board action against the unlicensed person is successful.
Background
H.B. 2529 was introduced at the request of a representative of the Board of Cosmetology who also appeared as a proponent of the bill at the time the bill was heard by the House Committee.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html