BILL REQ. #:  H-1794.1 

Read first time 02/17/2005.   Referred to Committee on Health Care.

     AN ACT Relating to the commercial practices of body piercing and body art; 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 body piercing and body art involve an invasive procedure with the use of needles, single-use disposable sharps, reusable sharps, instruments, and jewelry, which may be dangerous when improperly sterilized presenting a risk of infecting the client with bloodborne pathogens including, but not limited to, HIV, hepatitis B, and hepatitis C. The legislature also finds that body piercing has achieved mainstream popularity among adults and minors. It is in the interests of the public health, safety, and welfare to establish requirements in the commercial practice of body piercing 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 and RCW 5.40.050 unless the context clearly requires otherwise.
     (1) "Body art" means the practice of physical cosmetic body adornment utilizing, but not limited to, branding and scarification. "Body art" also includes the intentional production of scars upon the body. "Body art" does not include medical procedures performed by a licensed physician or medical practitioner.
     (2) "Body piercing" means the process of penetrating the skin or mucous membrane for the purpose of insertion of any object, including but not limited to jewelry, for cosmetic purposes. "Body piercing" also includes any scar tissue resulting from or relating to the piercing. "Body piercing" does not include the use of stud and clasp piercing systems to pierce the earlobe in accordance with the manufacturer's directions and applicable United States food and drug administration requirements. "Body piercing" does not include any medical procedures performed by a licensed physician or medical practitioner.

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, single-use disposable sharps, reusable sharps, instruments, and jewelry used by any person who practices body piercing or body art and restrictions to be placed on body art and piercing procedures for adults and minors in accordance with nationally recognized professional standards. The secretary shall consider the standard precautions recommended by the United States centers for disease control, the national environmental health association, and the association of professional piercers, 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 body piercing or body art 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 2001 c 194 s 5 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 RCW 70.54.350, sterilization of needles, single-use disposable sharps, reusable sharps, instruments, and jewelry used in body piercing or body art and restrictions placed on body art and piercing procedures for adults and minors 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.