H 0419

H‑0419.3 _____________________________________________

HOUSE BILL 1042

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Campbell, Schual‑Berke, Skinner, Haigh and Lantz

Read first time 01/12/2001. Referred to Committee on Health Care.

_1 AN ACT Relating to sterilization procedures in the commercial

_2 practices of electrology and tattooing; amending RCW 18.130.040;

_3 and adding new sections to Title 70 RCW.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 NEW SECTION. Sec. 1. A new section is added to Title 70 RCW to

_6 read as follows:

_7 The legislature finds and declares that the practices of

_8 electrology and tattooing involve an invasive procedure with the

_9 use of needles and instruments which may be dangerous when

10 improperly sterilized presenting a risk of infecting the client

11 with bloodborne pathogens such as HIV and Hepatitis B. It is in the

12 interests of the public health, safety, and welfare to regulate

13 the sterilization procedures in the commercial practices of

14 electrology and tattooing in this state.

15 NEW SECTION. Sec. 2. A new section is added to Title 70 RCW to

16 read as follows:

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_1 The definitions in this section apply throughout sections 1, 3,

_2 and 4 of this act unless the context clearly requires otherwise.

_3 (1) "Electrologist" means a person who practices the business

_4 of electrology for a fee.

_5 (2) "Electrology" means the process by which hair is

_6 permanently removed through the utilization of solid needle/probe

_7 electrode epilation, including thermolysis, being of shortwave,

_8 high frequency type, and including electrolysis, being of galvanic

_9 type, or a combination of both which is accomplished by a

10 superimposed or sequential blend.

11 (3) "Tattoo artist" means a person who practices the business

12 of tattooing for a fee.

13 (4) "Tattooing" means the indelible mark, figure, or decorative

14 design introduced by insertion of nontoxic dyes or pigments into

15 or under the subcutaneous portion of the skin upon the body of a

16 live human being for cosmetic, medical, or figurative purposes.

17 NEW SECTION. Sec. 3. A new section is added to Title 70 RCW to

18 read as follows:

19 The secretary of health shall adopt by rule requirements for

20 the sterilization of needles and instruments by electrologists and

21 tattoo artists in accordance with nationally recognized

22 professional standards. The secretary shall consider the universal

23 precautions for infection control, as recommended by the United

24 States centers for disease control, and guidelines for infection

25 control, as recommended by the national environmental health

26 association and the alliance of professional tattooists, in the

27 adoption of these sterilization requirements.

28 NEW SECTION. Sec. 4. A new section is added to Title 70 RCW to

29 read as follows:

30 A violation of rules adopted under section 3 of this act

31 constitutes unprofessional conduct under RCW 18.130.180. The

32 procedures, and sanctions to the extent appropriate, of the

33 uniform disciplinary act, chapter 18.130 RCW, govern the

34 discipline of persons under this section and sections 1 through 3

35 of this act. The secretary shall act as the disciplining authority

36 under this section and sections 1 through 3 of this act.

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_2 Sec. 5. RCW 18.130.040 and 1999 c 335 s 10 are each amended to

_3 read as follows:

_4 (1) This chapter applies only to the secretary and the boards

_5 and commissions having jurisdiction in relation to the professions

_6 licensed under the chapters specified in this section. This chapter

_7 does not apply to any business or profession not licensed under

_8 the chapters specified in this section.

_9 (2)(a) The secretary has authority under this chapter in

10 relation to the following professions:

11 (i) Dispensing opticians licensed under chapter 18.34 RCW;

12 (ii) Naturopaths licensed under chapter 18.36A RCW;

13 (iii) Midwives licensed under chapter 18.50 RCW;

14 (iv) Ocularists licensed under chapter 18.55 RCW;

15 (v) Massage operators and businesses licensed under chapter

16 18.108 RCW;

17 (vi) Dental hygienists licensed under chapter 18.29 RCW;

18 (vii) Acupuncturists licensed under chapter 18.06 RCW;

19 (viii) Radiologic technologists certified and X-ray technicians

20 registered under chapter 18.84 RCW;

21 (ix) Respiratory care practitioners licensed under chapter

22 18.89 RCW;

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

24 (xi) Persons registered as nursing pool operators under chapter

25 18.52C RCW;

26 (xii) Nursing assistants registered or certified under chapter

27 18.88A RCW;

28 (xiii) Health care assistants certified under chapter 18.135

29 RCW;

30 (xiv) Dietitians and nutritionists certified under chapter

31 18.138 RCW;

32 (xv) Chemical dependency professionals certified under chapter

33 18.205 RCW;

34 (xvi) Sex offender treatment providers certified under chapter

35 18.155 RCW;

36 (xvii) Persons licensed and certified under chapter 18.73 RCW

37 or RCW 18.71.205;

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_1 (xviii) Persons registered as adult family home providers and

_2 resident managers under RCW 18.48.020;

_3 (xix) Denturists licensed under chapter 18.30 RCW;

_4 (xx) Orthotists and prosthetists licensed under chapter 18.200

_5 RCW; ((~~and~~))

_6 (xxi) Surgical technologists registered under chapter 18.215

_7 RCW; and

_8 (xxii) Electrologists and tattoo artists pursuant to sections 1

_9 through 4 of this act.

10 (b) The boards and commissions having authority under this

11 chapter are as follows:

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

13 RCW;

14 (ii) The chiropractic quality assurance commission as

15 established in chapter 18.25 RCW;

16 (iii) The dental quality assurance commission as established in

17 chapter 18.32 RCW;

18 (iv) The board of hearing and speech as established in chapter

19 18.35 RCW;

20 (v) The board of examiners for nursing home administrators as

21 established in chapter 18.52 RCW;

22 (vi) The optometry board as established in chapter 18.54 RCW

23 governing licenses issued under chapter 18.53 RCW;

24 (vii) The board of osteopathic medicine and surgery as

25 established in chapter 18.57 RCW governing licenses issued under

26 chapters 18.57 and 18.57A RCW;

27 (viii) The board of pharmacy as established in chapter 18.64

28 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

29 (ix) The medical quality assurance commission as established in

30 chapter 18.71 RCW governing licenses and registrations issued

31 under chapters 18.71 and 18.71A RCW;

32 (x) The board of physical therapy as established in chapter

33 18.74 RCW;

34 (xi) The board of occupational therapy practice as established

35 in chapter 18.59 RCW;

36 (xii) The nursing care quality assurance commission as

37 established in chapter 18.79 RCW governing licenses issued under

38 that chapter;

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_1 (xiii) The examining board of psychology and its disciplinary

_2 committee as established in chapter 18.83 RCW; and

_3 (xiv) The veterinary board of governors as established in

_4 chapter 18.92 RCW.

_5 (3) In addition to the authority to discipline license holders,

_6 the disciplining authority has the authority to grant or deny

_7 licenses based on the conditions and criteria established in this

_8 chapter and the chapters specified in subsection (2) of this

_9 section. This chapter also governs any investigation, hearing, or

10 proceeding relating to denial of licensure or issuance of a license

11 conditioned on the applicant's compliance with an order entered

12 pursuant to RCW 18.130.160 by the disciplining authority.

13 (4) All disciplining authorities shall adopt procedures to

14 ensure substantially consistent application of this chapter, the

15 Uniform Disciplinary Act, among the disciplining authorities

16 listed in subsection (2) of this section.

‑‑‑ END ‑‑‑

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