BILL REQ. #:  H-2883.2 

Prefiled 01/07/14. Read first time 01/13/14.   Referred to Committee on Business & Financial Services.

     AN ACT Relating to body art, body piercing, tattooing, and permanent cosmetics; amending RCW 18.300.010, 18.300.020, 18.300.030, 18.300.050, 18.300.060, 18.300.070, 18.300.090, 18.300.130, 18.300.080, and 28C.10.030; 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) "Director" means the director of the department of licensing or his or her designee.
     (4) "Individual license" means a body art, body piercing, ((or)) tattoo, or permanent cosmetics practitioner license issued under this chapter.
     (5) "Internship training program" means a training program provided by an individual licensed in good standing under this chapter who has seven consecutive years of documented experience in the profession of body art, body piercing, tattooing, or permanent cosmetics.
     (6) "Location license" means a license issued under this chapter for a shop or business.
     (((6))) (7) "Permanent cosmetics" means a cosmetic technique that includes tattoos as a means of producing designs that resemble makeup, such as eyelining and other permanent enhancing colors to the skin of the face, lips, eyelids, and eyebrows. It is also used to restore or enhance the skin of the body after surgery.
     (8) "Shop or business" means a body art, body piercing, ((or)) tattooing, or permanent cosmetics shop or business.
     (((7))) (9) "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))) (10) "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:
     (1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;
     (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; and
     (9) To establish advisory committees and ad hoc advisory committees to advise the director on testing procedures, professional standards, disciplinary activities, or any other matters deemed necessary. Advisory committee or ad hoc advisory committee members must include representatives of the professional tattoo industry, permanent cosmetics industry, and body piercing industry. Advisory committee or ad hoc advisory committee members may receive reimbursement for travel expenses while engaged in official business as provided by RCW 43.03.050 and 43.03.060.

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 permanent cosmetics; or
     (b) Operates a shop or business.

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 license to any applicant who meets the requirements as outlined in this chapter. The director has the authority to set appropriate licensing fees for body art, body piercing, ((and)) tattooing, and permanent cosmetics shops and businesses and body art, body piercing, ((and)) tattooing, and permanent cosmetics individual practitioners. Licensing fees for individual practitioners must be set in an amount less than licensing fees for shops and businesses.
     (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.
     (4))) An applicant for an individual license must meet the following requirements:
     (a) Be at least eighteen years of age;
     (b) Provide proof of:
     (i) Completion of an internship training program. The internship training program must consist of training in the profession of body art, body piercing, tattooing, or permanent cosmetics that is completed in accordance with rules adopted by the director; or
     (ii) One year documented experience, providing body art, body piercing, tattooing services, or permanent cosmetics in another state, territory, or possession of the United States, or foreign country within the last three years;
     (c) Hold a current certification of blood-borne pathogen training; and
     (d) Pay the appropriate license fee.
     (4) The director may issue a guest artist license to a nonresident of Washington state who intends to engage in the practice of body art, body piercing, tattooing, or permanent cosmetics in this state. Guest artists must meet the requirements of subsection (3) of this section or provide proof of licensure in any state, territory, or possession of the United States, or foreign country. A license in any jurisdiction other than this state must be current and in good standing. Guest artists must practice in accordance with rules adopted by the director and are subject to this chapter. Guest artist licenses may be issued for a period of up to thirty days. The director may adopt rules relating to renewal or reissuance of guest artist licenses.
     (5) 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.
     (((5))) (6) 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.

Sec. 5   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, or permanent cosmetics 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, or permanent cosmetics practitioner individual 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. 6   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, or permanent cosmetics shop or business shall meet the following minimum requirements:
     (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 may by rule determine other requirements that are necessary for safety and sanitation of shops or businesses. The director 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 inspect each shop or business. If the director determines that any shop or business is not in compliance with this chapter, the director shall send written notice to the shop or business. A shop or business which fails to correct the conditions to the satisfaction of the director within a reasonable time is, upon due notice, subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any shop or business during business hours for the purpose of inspection. The director 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)) director must be posted in the shop or business's reception area.
     (6) Body art, body piercing, ((and)) tattooing, and permanent cosmetics practitioner individual licenses issued by the department must be posted at the licensed person's work station.

Sec. 7   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, or permanent cosmetics except in a licensed shop or business with the appropriate individual body art, body piercing, ((or)) tattooing, or permanent cosmetics license.

Sec. 8   RCW 18.300.130 and 2009 c 412 s 14 are each amended to read as follows:
     The ((department)) director 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)) director'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. 9   A new section is added to chapter 18.300 RCW to read as follows:
     (1) An initial examination for licensure under this chapter shall be conducted at such times and places as the director determines appropriate. Examinations must consist of tests designed to reasonably measure the applicant's knowledge of safe and sanitary practices. Examinations may also include the applicant's knowledge of this chapter and rules adopted pursuant to this chapter.
     (2) The director shall establish the minimum passing score for all examinations and requirements. The director may allow an independent person to conduct the examinations at the expense of the applicants.
     (3) The director must take steps to ensure that after completion of the required course or internship training program, applicants may promptly take the examination and receive the results of the examination.

Sec. 10   RCW 18.300.080 and 2009 c 412 s 9 are each amended to read as follows:
     (1) The director shall prepare and provide to all licensed shops or businesses a notice to consumers. At a minimum, the notice must state that body art, body piercing, ((and)) tattooing, and permanent cosmetics shops or businesses are required to be licensed, that shops or businesses are required to maintain minimum safety and sanitation standards, that customer complaints regarding shops or businesses may be reported to the ((department)) director, and a telephone number and address where complaints may be made.
     (2) An approved internship training program shop must post a notice to consumers in the reception area of the shop stating that services may be provided by an intern. At a minimum, the notice must state: "This shop is a participant in a state-approved internship training program. Interns in this program are in training and have not yet received a license."

NEW SECTION.  Sec. 11   A new section is added to chapter 18.300 RCW to read as follows:
     The director shall suspend the license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the director 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 director 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 director may impose.

Sec. 12   RCW 28C.10.030 and 2012 c 229 s 576 are each amended to read as follows:
     This chapter does not apply to:
     (1) Bona fide trade, business, professional, or fraternal organizations sponsoring educational programs primarily for that organization's membership or offered by that organization on a no-fee basis;
     (2) Entities offering education that is exclusively avocational or recreational;
     (3) Education not requiring payment of money or other consideration if this education is not advertised or promoted as leading toward educational credentials;
     (4) Entities that are established, operated, and governed by this state or its political subdivisions under this title or Title 28A((,)) or 28B((, or 28C)) RCW;
     (5) Degree-granting programs in compliance with the rules of the student achievement council;
     (6) Any other entity to the extent that it has been exempted from some or all of the provisions of this chapter under RCW 28C.10.100;
     (7) Entities not otherwise exempt that are of a religious character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official publications;
     (8) Entities offering only courses certified by the federal aviation administration;
     (9) Barber and cosmetology schools licensed under chapter 18.16 RCW;
     (10) Internship training programs approved by the director of the department of licensing for professions licensed under chapter 18.300 RCW;
     (11) Entities which only offer courses approved to meet the continuing education requirements for licensure under chapter 18.04, 18.79, or 48.17 RCW; and
     (((11))) (12) Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.