HOUSE BILL REPORT
EHB 1383
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.
As Passed House:
February 13, 2008
Title: An act relating to preventing the spread of disease in body piercing practices through standard universal precautions and sterilization requirements.
Brief Description: Regulating body modification.
Sponsors: By Representatives Appleton, Campbell, Cody, Hinkle, Morrell, Walsh, Schual-Berke, Curtis, Green, Clibborn, Lantz, Moeller, Condotta, Hasegawa, Kagi and Santos.
Brief History:
Health Care & Wellness: 2/13/07, 2/14/07 [DP].
Floor Activity:
Passed House: 3/13/07, 93-3.
Floor Activity:
Passed House: 2/13/08, 95-1.
Brief Summary of Engrossed Bill |
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HOUSE COMMITTEE ON HEALTH CARE & WELLNESS
Majority Report: Do pass. Signed by 12 members: Representatives Cody, Chair; Morrell, Vice Chair; Alexander, Assistant Ranking Minority Member; Barlow, Campbell, Condotta, Curtis, Green, Moeller, Pedersen, Schual-Berke and Seaquist.
Staff: Chris Blake (786-7392).
Background:
Proposals to the Legislature either to regulate a new health profession or increase the scope of
practice of an existing health profession may be sent to the Department of Health
(Department) to be reviewed under the "sunrise" review process. When reviewing a proposal
to regulate a new health profession under this process, the Department reviews the proposal
to determine (1) the danger to the public of unregulated practice, (2) the public's need for
assurances of quality, and (3) the existence of a more cost-beneficial means of protecting the
public.
The Secretary of Health (Secretary) establishes requirements for the sterilization of needles
and instruments used by electrologists and tattoo artists. These rules address both
sterilization procedures and universal precautions for preventing the spread of disease. There
are no similar provisions for body piercing.
Summary of Engrossed Bill:
The Secretary must establish requirements for standard precautions for preventing the spread
of disease and sterilizing needles, jewelry, and other instruments used in the body
modification profession. The failure to comply with the standard precautions is a
misdemeanor and shall be considered negligence per se in a civil action.The term "body modification" is defined as physical cosmetic body adornment, including
body piercing, branding, and scarification. The term "body piercing" is defined as penetrating
the skin to insert an object for cosmetic purposes. Neither term includes health-related
procedures performed by a licensed health care practitioner.
The Department must conduct a study of the body modification profession and make
recommendations to the Legislature regarding the need to regulate the profession. The report
must be submitted by January 1, 2009.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) Body piercing is an unregulated industry and there are people performing body
piercing without any sterilization or hygiene requirements. This will regulate body piercing
in a similar manner to tattooing. Body piercing does not present a high risk to public health.
(Opposed) This bill lacks an enforcement mechanism for body piercers and will give the
public a false sense of security. There are no education or inspection requirements, or
consumer complaint processes. There is no way to hold facilities accountable or to respond
to a public health threat.
Persons Testifying: (In support) Representative Appleton, prime sponsor; Yoshe Revelle;
and Troy Amundson.
(Opposed) Kitty Candelaria, National Hepatitis C Institute.