1448-S

AN ACT Relating to business regulations; adding a new chapter to Title 18 RCW; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Tattoo" means a permanent mark or design made on the skin by a process of pricking and ingraining an indelible pigment or raising a scar.

(2) "Tattooer" means a person who performs the act of applying a tattoo on a human being.

(3) "Tattoo parlor" means a place of business where tattooing takes place.

NEW SECTION. Sec. 2. (1) All tattooers shall pay a fee to register with the secretary of health and pay an annual renewal registration fee determined by the secretary of health as provided in RCW 43.70.250 on or before the certificate holder's birth anniversary date. Registration shall be renewed for a period of one year or longer in the discretion of the secretary of health.

(2) All tattoo parlors shall pay a fee to register with the secretary of health, and pay an annual renewal registration fee determined by the secretary of health as provided in RCW 43.70.250 on or before the anniversary date of the first registration.

(3) The fee for the certificate shall cover expenses incurred by the department of health for administering the registration program.

(4) The department of health shall adopt those rules necessary to implement this chapter, including rules establishing sanitation standards for tattoo parlors and providing inspection procedures to be followed by local health departments.

(5) The department of health shall maintain a registry of tattooers and tattoo parlors and provide a copy of the register upon request to any tattooer, tattoo parlor, law enforcement agency, government agency, or member of the public. The department of health shall provide an updated copy of the registry on a regular basis to the state board of health and all local health departments. The registry shall include a record of every sanitation violation reported by a local health department.

(6) Nothing in this chapter may be construed to prohibit or restrict the practice of a profession by a person who is either registered, certified, licensed, or similarly regulated under the laws of this state who is performing services within the person's authorized scope of practice.

NEW SECTION. Sec. 3. In addition to any other authority provided by law, the secretary of health has the authority to:

(1) Appoint an advisory committee, if necessary; and

(2) Establish forms and procedures necessary to administer this chapter.

NEW SECTION. Sec. 4. Each local health department, as defined in RCW 70.05.010, shall regularly inspect the tattoo parlors within its jurisdiction in accordance with rules adopted by the department of health. If a local health department finds that a tattoo parlor has violated the sanitation standards adopted by the department of health, the local health department shall immediately notify the department of health of the violation.

NEW SECTION. Sec. 5. (1) It is a misdemeanor for a tattooer to apply a tattoo on a person who is under eighteen years of age, unless the person receiving the tattoo presents the tattooer with a notarized letter from a parent or guardian allowing the minor to receive a tattoo.

(2) When a tattooer applies a tattoo in violation of subsection (1) of this section, either the tattooer or the tattoo parlor, or both, shall be liable for the cost of removal of the minor's tattoo.

(3) It is a separate offense, punishable as a misdemeanor, for a tattooer or tattoo parlor to refuse to remove or refuse to pay for the removal of a minor's tattoo as required by subsection (2) of this section.

NEW SECTION. Sec. 6. The secretary of the department of health may take those steps necessary to ensure that sections 2 through 4 of this act are implemented on the effective date of this act.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act shall take effect July 1, 1994.

NEW SECTION. Sec. 8. Sections 1 through 5 of this act shall constitute a new chapter in Title 18 RCW.