BILL REQ. #: H-0786.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/18/11. Referred to Committee on Health Care & Wellness.
AN ACT Relating to body art, body piercing, and tattooing; amending RCW 18.300.010, 18.300.020, 18.300.030, 18.300.050, 18.300.060, 18.300.070, 18.300.090, and 18.300.130; and adding new sections to chapter 18.300 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.300.010 and 2009 c 412 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter and
RCW 5.40.050 and 70.54.340 unless the context clearly requires
otherwise.
(1) "Body art" means the practice of invasive cosmetic 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 care practitioners under their scope of practice.
(2) "Body piercing" means the process of penetrating the skin or
mucous membrane to insert 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 care
practitioners under their scope of practice, nor does anything in
((chapter 412, Laws of 2009)) this chapter authorize a person
registered to engage in the business of body piercing to implant or
embed foreign objects into the human body or otherwise engage in the
practice of medicine.
(3) "Department" means the department of licensing.
(4) "Director" means the director of the department of licensing or
his or her designee.
(((4))) (5) "Individual operator license" means a license issued to
a person to perform body art, body piercing, or ((tattoo practitioner
license issued)) tattooing under this chapter.
(((5))) (6) "Location license" means a license issued to a shop or
business under this chapter ((for a shop or business)).
(((6))) (7) "Shop or business" means a body art, body piercing, or
tattooing shop or business.
(((7) "Tattoo artist" means a person who pierces or punctures the
human skin with a needle or other instrument for the purpose of
implanting an indelible mark, or pigment, into the skin for a fee.))
(8) "Tattooing" means to pierce or puncture the human skin with a
needle or other instrument for the purpose of implanting an indelible
mark, or pigment, into the skin.
Sec. 2 RCW 18.300.020 and 2009 c 412 s 3 are each amended to read
as follows:
((In addition to any other duties imposed by law, including RCW
18.235.030 and 18.235.040, the director has the following powers and
duties)) The director must:
(1) ((To)) Set all license, examination, and renewal fees in
accordance with RCW 43.24.086 and 18.300.050;
(2) ((To)) Adopt rules necessary to implement this chapter;
(3) ((To)) Prepare and administer or approve the preparation and
administration of licensing;
(4) ((To)) Establish minimum safety and sanitation standards for
practitioners of body art, body piercing, or tattooing as determined by
the department of health;
(5) ((To)) Maintain the official department record of applicants
and licensees;
(6) ((To)) Set license expiration dates and renewal periods for all
licenses consistent with this chapter;
(7) ((To)) Ensure that all informational notices produced and
mailed by the department regarding statutory and regulatory changes
affecting any particular class of licensees are mailed to each licensee
in good standing in the affected class whose mailing address on record
with the department has not resulted in mail being returned as
undeliverable for any reason; and
(8) ((To)) Make information available to the department of revenue
to assist in collecting taxes from persons and businesses required to
be licensed under this chapter.
Sec. 3 RCW 18.300.030 and 2009 c 412 s 4 are each amended to read
as follows:
(1) It is unlawful for any person to engage in a practice listed in
subsection (2) of this section unless the person has a license in good
standing as required by this chapter. A license issued under this
chapter is considered to be "in good standing" except when:
(a) The license has expired ((or has been canceled)) and has not
been renewed in accordance with RCW 18.300.050;
(b) The license has been denied, revoked, or suspended under RCW
18.300.110 or 18.300.130, and has not been reinstated; or
(c) The license is held by a person who has not fully complied with
an order of the director issued under RCW 18.300.110 requiring the
licensee to pay restitution or a fine, or to acquire additional
training.
(2) The director may take action under RCW 18.235.150 and
18.235.160 against any person who does any of the following without
first obtaining, and maintaining in good standing, the license required
by this chapter:
(a) Engages in the practice of body art, body piercing, or
tattooing; or
(b) Operates a
Sec. 4 RCW 18.300.050 and 2009 c 412 s 6 are each amended to read
as follows:
(1) The director shall issue ((the appropriate)) an individual
operator license or a location license to any applicant who meets the
requirements ((as outlined in)) of this chapter. The director ((has
the authority to)) may set appropriate ((licensing)) fees for ((body
art, body piercing, and tattooing shops and businesses and body art,
body piercing, and tattooing individual practitioners)) individual
operator licenses and location licenses. Licensing fees for individual
((practitioners)) operator licenses must be set in an amount less than
licensing fees for ((shops and businesses)) location licenses.
(2) Failure to renew a license by its expiration date subjects the
holder to a penalty fee and payment of each year's renewal fee, at the
current rate.
(3) ((A person whose license has not been renewed within one year
after its expiration date must have his or her license canceled and
must be required to submit an application, pay the license fee, meet
current licensing requirements, and pass any applicable examination or
examinations, in addition to the other requirements of this chapter,
before the license may be reinstated.)) Nothing in this section authorizes a person whose license has
expired to engage in a practice prohibited under RCW 18.300.030 until
the license is renewed or reinstated.
(4)
(((5))) (4) Upon request and payment of an additional fee to be
established by rule by the director, the director shall issue a
duplicate license to an applicant.
NEW SECTION. Sec. 5 A new section is added to chapter 18.300 RCW
to read as follows:
(1) Before July 1, 2013, a person qualifies for an individual
operator license if he or she:
(a) Completes an application and pays a licensing fee established
by the department;
(b) Is at least eighteen years old;
(c) Provides the department proof of bloodborne pathogen training;
and
(d) Meets all applicable industry specific requirements as defined
by the department.
(2) Beginning July 1, 2013, a person qualifies for an individual
operator license if he or she:
(a) Completes an application and pays a licensing fee established
by the department of licensing;
(b) Is at least eighteen years old;
(c) Provides the department proof of bloodborne pathogen training;
(d) During the three years before the date of the application,
completes an internship program under section 6 of this act; and
(e) Meets all applicable industry specific requirements as defined
by the department.
(3) The department may issue a guest artist license to a
nonresident of Washington state who intends to engage in the practice
of body art, body piercing, or tattooing in this state. Guest artists
must meet the requirements of subsection (1) of this section, practice
in accordance with department rules, and are subject to this chapter.
Guest artist licenses may be issued for a period of up to thirty days.
The department may adopt rules relating to renewal or reissuance of
guest artist licenses.
(4) The department may issue an individual operator license to a
nonresident of Washington state if the applicant can demonstrate at
least three consecutive years of documented experience practicing in
the profession of body art, body piercing, or tattooing and that this
experience occurred within the five-year period before the date of the
application.
NEW SECTION. Sec. 6 A new section is added to chapter 18.300 RCW
to read as follows:
Beginning July 1, 2013, applicants for an individual operator
license must demonstrate completion of an internship program. The
internship program must consist of at least twelve consecutive months
of training in the profession of body art, body piercing, or tattooing
that are completed in accordance with department rules. A person in an
internship program must be trained by an individual operator licensee
who has seven consecutive years of documented experience in the
profession of body art, body piercing, or tattooing.
Sec. 7 RCW 18.300.060 and 2009 c 412 s 7 are each amended to read
as follows:
(1) Subject to subsection (2) of this section, licenses issued
under this chapter expire as follows:
(a) A ((body art, body piercing, or tattooing shop or business))
location license expires one year from issuance or when the insurance
required by RCW 18.300.070(1)(g) expires, whichever occurs first; and
(b) ((Body art, body piercing, or tattooing practitioner))
Individual operator licenses expire one year from issuance.
(2) The director may provide for expiration dates other than those
set forth in subsection (1) of this section for the purpose of
establishing staggered renewal periods.
Sec. 8 RCW 18.300.070 and 2009 c 412 s 8 are each amended to read
as follows:
(1) A ((body art, body piercing, or tattooing shop or business))
location license holder shall meet the following minimum requirements
for the licensed shop or business:
(a) Maintain an outside entrance separate from any rooms used for
sleeping or residential purposes;
(b) Provide and maintain for the use of its customers adequate
toilet facilities located within or adjacent to the shop or business;
(c) Any room used wholly or in part as a shop or business may not
be used for residential purposes, except that toilet facilities may be
used for both residential and business purposes;
(d) Meet the zoning requirements of the county, city, or town, as
appropriate;
(e) Provide for safe storage and labeling of equipment and
substances used in the practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(g) Certify that the shop or business is covered by a public
liability insurance policy in an amount not less than one hundred
thousand dollars for combined bodily injury and property damage
liability.
(2) The ((director)) department may by rule determine other
requirements that are necessary for safety and sanitation of shops or
businesses. The ((director)) department may consult with the state
board of health and the department of labor and industries in
establishing minimum shop and business safety requirements.
(3) Upon receipt of a written complaint that a shop or business has
violated any provisions of this chapter, chapter 18.235 RCW, or the
rules adopted under either chapter, or at least once every two years
for an existing shop or business, the ((director or the director's
designee shall)) department must inspect each shop or business. If the
((director)) department determines that any shop or business is not in
compliance with this chapter, the ((director shall)) department must
send written notice to the shop or business. A shop or business which
fails to correct the conditions to the satisfaction of the ((director))
department within a reasonable time is, upon due notice, subject to the
penalties imposed by the ((director)) department under RCW 18.235.110.
The ((director)) department may enter any shop or business during
business hours for the purpose of inspection. The ((director))
department may contract with health authorities of local governments to
conduct the inspections under this subsection.
(4) A shop or business shall obtain a certificate of registration
from the department of revenue.
(5) ((Shop or business)) Location licenses issued by the department
must be posted in the shop or business's reception area.
(6) ((Body art, body piercing, and tattooing practitioner))
Individual operator licenses issued by the department must be posted at
the licensed person's work station.
Sec. 9 RCW 18.300.090 and 2009 c 412 s 10 are each amended to
read as follows:
It is a violation of this chapter for any person to engage in the
commercial practice of body art, body piercing, or tattooing except in
a licensed shop or business with the appropriate ((individual)) body
art, body piercing, or tattooing individual operator license.
Sec. 10 RCW 18.300.130 and 2009 c 412 s 14 are each amended to
read as follows:
The department shall immediately suspend the license of a person
who has been certified under RCW ((74.20A.320)) 74.20A.324 by the
department of social and health services as a person who is not in
compliance with a support order. If the person has continued to meet
all other requirements for reinstatement during the suspension,
reissuance of the license is automatic upon the department's receipt of
a release issued by the department of social and health services
stating that the licensee is in compliance with the order.
NEW SECTION. Sec. 11 A new section is added to chapter 18.300
RCW to read as follows:
The department shall suspend the license of any person who has been
certified by a lending agency and reported to the department for
nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the
department must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue
a finding of nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. The person's
license may not be reissued until the person provides the department a
written release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment agreement
approved by the lending agency. If the person has continued to meet
all other requirements for licensure during the suspension,
reinstatement is automatic upon receipt of the notice and payment of
any reinstatement fee the department may impose.