SENATE BILL REPORT
SB 5821


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported By Senate Committee On:
Health & Long-Term Care, February 27, 2007

Title: An act relating to regulating body art facilities.

Brief Description: Regulating body art facilities.

Sponsors: Senators Roach, Benton, Stevens and Delvin.

Brief History:

Committee Activity: Health & Long-Term Care: 2/22/07, 2/27/07 [DPS-WM].

Ways & Means:


SENATE COMMITTEE ON HEALTH & LONG-TERM CARE

Majority Report: That Substitute Senate Bill No. 5821 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.Signed by Senators Keiser, Chair; Franklin, Vice Chair; Pflug, Ranking Minority Member; Fairley, Kohl-Welles and Parlette.

Staff: Edith Rice (786-7444)


SENATE COMMITTEE ON WAYS & MEANS

Staff: Elaine Deschamps (786-7441)

Background: Because body art involves procedures which pierce the skin there is an inherent risk of exposure to viruses, infection, and bloodborne pathogens. Although many body artists maintain sufficient health and safety standards, there is no requirement in law that they do so.

Summary of Bill: The bill as referred to committee not considered.

SUMMARY OF RECOMMENDED SUBSTITUTE AS PASSED COMMITTEE (Health & Long-Term Care): The Washington State Board of Health (BOH) is authorized to adopt rules permitting local health jurisdictions to regulate body art operators and facilities.

Body art is the practice of physical body adornment by piercing, tattooing, branding, and scarification.

BOH rules will establish minimum standards for cleanliness, incorporate national standards, utilization of universal precautions, appropriate exemptions for medical personnel, and requirements for disclosure of health risks.

Local public health officers may develop their own standards as long as they are not less rigorous than those established by the BOH. Local public health officers may charge a fee to body art facilities and artists which is not greater than the actual cost of the regulatory program.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This issue has been around for some time and this is an area that needs regulation

CON: This isn't specific enough, there are no provisions for routine inspection, different counties will collect information differently, and regulation should all be under one authority.

OTHER: Any concerns we had regarding bill language have been addressed. Regulatory agencies and the industry need to have a strong relationship. The industry can support this.

Persons Testifying: PRO: Senator Roach, prime sponsor.

CON: Kitty Candelaria, National Hepatitis C Institute.

OTHER: Gail McGaffick, Washington Acupuncture and Oriental Medicine Association; Troy Amundson, Apocalypse Tattoo and Body Piercing.