FINAL BILL REPORT

SHB 1856

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.

C 444 L 19

Synopsis as Enacted

Brief Description: Prohibiting scleral tattooing.

Sponsors: House Committee on Health Care & Wellness (originally sponsored by Representatives Tharinger, Caldier, Cody, Kloba, Wylie, Corry, Sutherland, Ybarra, Steele, Peterson, Klippert, DeBolt, Stanford, Doglio, Mead, Ryu and Macri).

House Committee on Health Care & Wellness

Senate Committee on Health & Long Term Care

Background:

Tattoo Artists.

Tattoo artists must possess a license in good standing from the Department of Licensing (DOL) to practice tattooing. To obtain a license, tattoo artists must complete an application, provide a certificate of insurance, and pay a fee. Qualifications to obtain a license include being 18 years or older and having completed all bloodborne pathogen training courses required to receive a bloodborne pathogen certificate.

Tattoo businesses are required to maintain minimum safety and sanitation standards established by the Department of Health. Such standards include precautions against the spread of disease, including the sterilization of needles and other instruments, and precautions for infection control.

Sclera.

The sclera is the white outer coating of the eye. It is tough, fibrous tissue that extends from the cornea to the optic nerve at the back of the eye. The sclera gives the eye its white color.

Summary:

Performing scleral tattoos on another person is prohibited. "Scleral tattooing" is defined as the practice of producing an indelible mark on the human eye by scarring or inserting a pigment.

Complaints regarding individuals who perform scleral tattoos may be filed with the Attorney General (AG), and the AG may investigate and prosecute the allegations. The AG may seek an injunction to prevent future tattooing, and the imposition of civil penalties up to $10,000. The AG's incurred costs must be reimbursed from the civil penalty collected, and any surplus must be deposited in the State General Fund.

The DOL may also take disciplinary action against licensed tattoo artists who have performed scleral tattoos.

Votes on Final Passage:

House

94

4

Senate

47

1

Effective:

July 28, 2019