BP BHEAD INT S

AN ACT Relating to the regulation of permanent color technicians and tattoo artists; reenacting and amending RCW 18.130.040; adding a new chapter to Title 18 RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds it necessary to regulate the activities of permanent color technicians and tattoo artists in order to protect the public health and safety. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide these services to the public.

NEW SECTION. Sec. 2. In this chapter, unless the context otherwise requires, the following meanings shall apply:

(1) "Committee" means the Washington state permanent color technician and tattoo artist advisory committee.

(2) "Certified permanent color technician and tattoo artist" means a person certified under the provisions of this chapter to practice tattooing.

(3) "Department" means the department of health.

(4) "Permanent color technician and tattoo artist" means a person who practices tattooing pursuant to this chapter.

(5) "Physician" means a person licensed to practice in this state under chapter 18.57 or 18.71 RCW.

(6) "Secretary" means the secretary of health or the secretary's designee.

(7) "Tattoo" means the indelible mark, figure, or decorative design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.

(8) "Tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic, medical, or figurative purposes.

(9) "Tattoo facility" means a room or space, or any part thereof, where tattooing is practiced or where the business of tattooing is conducted.

NEW SECTION. Sec. 3. The Washington state permanent color technician and tattoo artist advisory committee is created. The committee shall consist of four members who shall be appointed by the governor for a term of four years each. Two members shall represent permanent color technicians and two members shall represent tattoo artists. Members shall be residents of this state and shall have not less than three years experience in the practice of permanent color techniques or tattooing immediately preceding their appointment and shall be certified under this chapter and actively engaged in the practice of permanent color techniques or tattooing during their incumbency.

In addition to the members specified in this section, the governor shall appoint two consumer members of the committee, who shall serve for a term of four years. The consumer members of the committee shall be individuals who do not derive their livelihood by providing permanent color technician or tattoo artist services and are not certified health professionals. Consumer members shall not be employees of the state nor a present or former member of another licensing entity.

In the event that a member cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedures stated in this section to fill the remainder of the term. No member may serve more than two successive terms whether full or partial. The governor may remove any member of the committee for neglect of duty, incompetence, or unprofessional or disorderly conduct as determined under chapter 18.130 RCW.

Members of the committee shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.

The committee may annually elect a chair to direct the meetings of the committee. The committee shall meet as called by the chair or the secretary, but at least once each year. Three members of the committee shall constitute a quorum of the committee.

NEW SECTION. Sec. 4. In addition to any other authority provided by law, the secretary may:

(1) Adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter;

(2) Define, evaluate, approve, and designate those schools, programs, and apprenticeship programs including all current and proposed curriculum, faculty, and health, sanitation, and facility standards from which graduation will be accepted as proof of an applicant's eligibility to take the examination;

(3) Review approved schools and programs periodically;

(4) Prepare, grade, administer, and supervise the grading and administration of, examinations for applicants for certification;

(5) Determine which states have educational and regulatory requirements equivalent to those of this state; and

(6) Seek advice and recommendations from the committee.

The secretary shall establish by rule the standards and procedures for approving courses of study and may contract with individuals or organizations having expertise in the profession or in education to assist in evaluating courses of study. The standards and procedures set shall apply equally to schools and training within the United States of America and those in foreign jurisdictions.

NEW SECTION. Sec. 5. (1) No person may practice or represent himself or herself as a permanent color technician or tattoo artist without first applying for and receiving from the department a certification to practice.

(2) This section does not prevent or affect the use of tattooing by a physician, a person under the control and supervision of a physician, or any other person specifically permitted to use tattooing by law.

NEW SECTION. Sec. 6. All certifications issued under the provisions of this chapter, unless otherwise provided shall expire on the annual anniversary date of the individual's date of birth.

The secretary shall prorate the fee based on one-twelfth of the annual fee for each full calendar month between the issue date and the next anniversary of the applicant's birth date, a date used as the expiration date of such certificate.

Every applicant for a certificate shall pay an examination fee determined by the secretary as provided in RCW 43.70.250, which fee shall accompany their application. Applications for certification shall be submitted on forms provided by the secretary.

Applicants granted a certificate under this chapter shall pay to the secretary a fee determined by the secretary as provided in RCW 43.70.250, prior to the issuance of their certificate, and an annual renewal fee determined by the secretary as provided in RCW 43.70.250. Failure to renew shall invalidate the certificate and all privileges granted to the certificated practitioner, but such certificate may be reinstated upon written application to the secretary and payment to the state of all delinquent fees and penalties as determined by the secretary. In the event a certificate has lapsed for a period longer than three years, the certificated practitioner shall demonstrate competence to the satisfaction of the secretary by proof of continuing education or other standard determined by the secretary with the advice of the committee.

NEW SECTION. Sec. 7. The secretary shall issue a permanent color technician's or tattoo artist's certification to an applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

(1) Has complied with the provisions of this chapter and the applicable rules of the department;

(2) Is not less than eighteen years of age;

(3) Has a high school diploma or equivalent education;

(4) Has submitted evidence of completion of education or training, prescribed and approved by the secretary, under the direct supervision of a certified permanent color technician and tattoo artist; and

(5) Has passed an examination approved, administered, or recognized by the committee.

In addition, applicants shall be subject to the grounds for denial or issuance of a conditional certificate under chapter 18.130 RCW.

The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for certification provided for in this chapter and chapter 18.130 RCW. The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. The secretary shall give an appropriate alternate form of examination for persons who cannot read or speak English to determine equivalent competency.

NEW SECTION. Sec. 8. (1) A person who holds a certificate shall notify the department in writing of the regular address of the place or places where the person performs or intends to perform tattooing and shall keep the certificate conspicuously posted in the place of business at all times.

(2) The department shall keep a record of the place or places of business of each person who holds a certificate.

(3) Any notice required to be given by the department to a person who holds a certificate may be given by mailing the notice to the address of the last place of business of which the person has notified the department.

(4) The department shall issue to each qualified applicant a certificate to operate a tattoo facility and to advertise permanent makeup or tattooing services for which the facility is certified.

NEW SECTION. Sec. 9. All permanent color technicians and tattoo artists must participate in continuing education, with guidelines and requirements to be established by rule of the secretary.

NEW SECTION. Sec. 10. Certified practicing permanent color technicians and tattoo artists shall meet the following standards and any others the secretary may adopt by rule:

(1) Tattooing instruments shall be sterilized in accordance with methods approved by the rules of the department;

(2) Practicing permanent color technicians and tattoo artists shall be equipped with appropriate sterilizing equipment, with availability of hot and cold running water and a covered waste receptacle; and

(3) Case history cards shall be kept for each client.

NEW SECTION. Sec. 11. The department may revoke, suspend, refuse to issue a certificate or renewal, or place on probation any certified practitioner upon proof that a person or certified practitioner:

(1) Has been convicted of a violation under this chapter;

(2) Has been convicted in this or any other state of a crime related to the practice of tattooing;

(3) Has knowingly misrepresented, misstated, or failed to disclose personal qualifications or other information necessary to practice tattooing in any communication to the department;

(4) Has used, caused, or promoted the use of any advertising matter, promotional literature, warranty, label, insignia, or any other representation, however disseminated or published, that is false, misleading, or deceptive;

(5) Has knowingly deceived the public by acting in a manner as to mislead clients as to the person's professional status;

(6) Has employed directly or indirectly any suspended or uncertified person to perform any tattooing covered by this chapter;

(7) Has permitted another person to use the certificate;

(8) Has practiced tattooing under a false, misleading, or deceptive name;

(9) Has failed, if a certified permanent color technician and tattoo artist, to maintain a business address and telephone number at which the certificated practitioner may be reached during business hours;

(10) Has failed, if a nonpracticing permanent color technician and tattoo artist, to provide the department with a home address and telephone number;

(11) Has failed to properly and reasonably accept responsibility for the actions of employees;

(12) Has practiced tattooing with a mental or physical illness that affects ability to perform or endangers the public;

(13) Has demonstrated gross incompetence in performing tattooing; or

(14) Has violated any of the provisions of this chapter or rules adopted pursuant to this chapter.

NEW SECTION. Sec. 12. The powers and duties of the department are as follows:

(1) To certify persons who apply to the department and who have qualified to practice tattooing;

(2) To adopt rules that are necessary to carry out the provisions of this chapter;

(3) To carry out the periodic inspection of facilities of persons who practice tattooing; and

(4) To issue a tattoo facility certificate to qualified applicants upon compliance with this chapter.

NEW SECTION. Sec. 13. (1) The secretary shall adopt rules to prescribe education and training standards for the practice of tattooing.

(2) An applicant seeking certification as a permanent color technician and tattoo artist shall be required to demonstrate safety, sanitation, and sterilization techniques by means of an inspection conducted by the regulatory authority to test the applicant's knowledge of infection control practices and requirements.

NEW SECTION. Sec. 14. The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of certificates, and the discipline of certified practitioners under this chapter.

NEW SECTION. Sec. 15. (1) In addition to any other authority provided by law, the secretary may:

(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;

(b) Set all certification, examination, and renewal fees in accordance with RCW 43.70.250;

(d) Issue a certificate to any applicant who has met the education, training, and examination requirements for certification; and

(e) Hire clerical, administrative, and investigative staff as necessary to implement this chapter, and hire individuals certificated under this chapter to serve as examiners for any practical examinations.

(2) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of certificates and the disciplining of persons under this chapter. The secretary shall be the disciplining authority under this chapter.

(3) The secretary shall keep an official record of all proceedings under this chapter, a part of which record shall consist of a register of all applicants for certification under this chapter, with the result of each application.

NEW SECTION. Sec. 16. An applicant holding a certificate in another state or foreign jurisdiction may be granted a Washington certificate without examination, if, in the opinion of the secretary, the other state's or foreign jurisdiction's examination and educational requirements are substantially equivalent to Washington's: PROVIDED, That the applicant demonstrates to the satisfaction of the secretary a working knowledge of Washington law pertaining to the practice of permanent color technicians or tattoo artists. The applicant shall provide proof in a manner approved by the department that the examination and requirements are equivalent to Washington's.

NEW SECTION. Sec. 17. The provisions of this chapter relating to the certification of any person shall not be exclusive, and any political subdivision of the state of Washington within whose jurisdiction the practice of permanent color technicians or tattoo artists is performed may require additional registrations or licenses, regulating the practice of permanent color technicians or tattoo artists, and charge any fee for the same or similar purpose.

NEW SECTION. Sec. 18. State and local law enforcement personnel shall have the authority to inspect the premises at any time including business hours.

NEW SECTION. Sec. 19. The provisions of this chapter relating to the certification of any permanent color technician or tattoo artist business shall not be exclusive and any political subdivision of the state of Washington within whose jurisdiction the permanent color technician or tattoo artist business is located may require any registrations or licenses, or charge any fee for the same or similar purpose; and nothing herein shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon gross business conducted by any firm within said political subdivision.

Sec. 20. RCW 18.130.040 and 1995 c 1 s 19 (Initiative Measure No. 607), 1994 sp.s. c 9 s 603, and 1994 c 17 s 19 are each reenacted and amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists certified under chapter 18.06 RCW;

(viii) Radiologic technologists certified and x-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.79 RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Sex offender treatment providers certified under chapter 18.155 RCW; ((~~and~~))

(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205; and

(xvii) Persons certified under sections 1 through 19 of this act.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board on fitting and dispensing of hearing aids as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

(xiv) The veterinary board of governors as established in chapter 18.92 RCW; and

(xv) Denturists licensed under chapter 18.30 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

NEW SECTION. Sec. 21. Sections 1 through 19 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 23. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.