BILL REQ. #:  H-1733.1 

READ FIRST TIME 02/10/09.   

     AN ACT Relating to preventing the spread of disease in body piercing practices through standard universal precautions and sterilization requirements; amending RCW 5.40.050; adding new sections to chapter 70.54 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   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. These practices 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. 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 including the use of branding and scarification. "Body art" also includes the intentional production of scars upon the body. "Body art" does not include any health-related procedures performed by licensed health practitioners under their scope of practice.
     (2) "Body piercing" means the process of penetrating the skin or mucous membrane for the purpose of insertion of an object, including 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 health-related procedures performed by licensed health practitioners under their scope of practice.

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 standard universal precautions, as recommended by the United States centers for disease control and prevention, for preventing the spread of disease and the sterilization of needles, single-use disposable sharps, reusable sharps, instruments, and jewelry used by a person who practices body piercing or body art.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.54 RCW to read as follows:
     (1) A person who practices body piercing or body art must comply with the rules adopted by the department of health under section 3 of this act regardless of whether the person's client has agreed to waive the person's compliance with the rules.
     (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, standard universal precautions for preventing the spread of disease and sterilization of needles, single-use disposable sharps, reusable sharps, instruments, and jewelry used in body piercing or body art as required under section 3 of this act, or driving while under the influence of intoxicating liquor or any drug, shall be considered negligence per se.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.54 RCW to read as follows:
     (1) Any exculpatory clause or liability waiver signed by the client of a practitioner of body piercing or body art as a precondition for the provision of those services violates public policy to the extent that the clause or waiver exculpates the practitioner from, or waives liability for, damages arising from a failure to comply with the rules adopted by the secretary of health under section 3 of this act. Any such exculpatory clause or liability waiver signed on or after the effective date of this act is therefore void as it relates to damages arising from a failure to comply with the rules adopted by the secretary of health under section 3 of this act.
     (2) The legislature finds that the practices covered by the rules adopted under section 3 of this act are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. The failure to comply with the rules adopted under section 3 of this act is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.