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SUBSTITUTE HOUSE BILL 1042
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AS AMENDED BY THE SENATE
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time . Referred to .
Establishing
sterilization requirements for the commercial practices of electrology and
tattooing.
AN ACT Relating to
sterilization procedures in the commercial practices of electrology and
tattooing; amending RCW 5.40.050; adding new sections to chapter 70.54 RCW; and
prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 70.54 RCW to read as follows:
The legislature finds
and declares that the practices of electrology and tattooing involve an
invasive procedure with the use of needles and instruments which may be
dangerous when improperly sterilized presenting a risk of infecting the client
with bloodborne pathogens such as HIV and Hepatitis B. It is in the interests
of the public health, safety, and welfare to establish requirements for the
sterilization procedures in the commercial practices of electrology and
tattooing in this state.
NEW SECTION. Sec.
2. A new section is added
to chapter 70.54 RCW to read as follows:
The definitions in this
section apply throughout sections 1, 3, and 4 of this act unless the context
clearly requires otherwise.
(1)
"Electrologist" means a person who practices the business of
electrology for a fee.
(2)
"Electrology" means the process by which hair is permanently removed through
the utilization of solid needle/probe electrode epilation, including
thermolysis, being of shortwave, high frequency type, and including
electrolysis, being of galvanic type, or a combination of both which is
accomplished by a superimposed or sequential blend.
(3) "Tattoo
artist" means a person who practices the business of tattooing for a fee.
(4)
"Tattooing" 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 for
cosmetic or figurative purposes.
NEW SECTION. Sec.
3. A new section is added
to chapter 70.54 RCW to read as follows:
The secretary of health
shall adopt by rule requirements for the sterilization of needles and
instruments by electrologists and tattoo artists in accordance with nationally
recognized professional standards. The secretary shall consider the universal
precautions for infection control, as recommended by the United States centers
for disease control, and guidelines for infection control, as recommended by
the national environmental health association and the alliance of professional
tattooists, in the adoption of these sterilization requirements.
NEW SECTION. Sec.
4. A new section is added
to chapter 70.54 RCW to read as follows:
(1) Any person who
practices electrology or tattooing shall comply with the rules adopted by the
department of health under section 3 of this act.
(2) A violation of this
section is a misdemeanor.
Sec. 5. RCW 5.40.050 and 1986 c
305 s 901 are each amended to read as follows:
A breach
of a duty imposed by statute, ordinance, or administrative rule shall not be
considered negligence per se, but may be considered by the trier of fact as
evidence of negligence; however, any breach of duty as provided by statute,
ordinance, or administrative rule relating to electrical fire safety, the use
of smoke alarms, sterilization of needles and instruments used in tattooing
or electrology as required under section 4 of this act, or driving while
under the influence of intoxicating liquor or any drug, shall be considered
negligence per se.
