_____________________________________________
SUBSTITUTE
HOUSE BILL 1042
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AS
AMENDED BY THE SENATE
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time . Referred to .
Establishing sterilization requirements for the
commercial practices of electrology and tattooing.
AN
ACT Relating to sterilization procedures in the commercial practices of
electrology and tattooing; 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 electrology and tattooing
involve an invasive procedure with the use of needles and instruments which may
be dangerous when improperly sterilized presenting a risk of infecting the
client with bloodborne pathogens such as HIV and Hepatitis B. It is in the
interests of the public health, safety, and welfare to establish requirements
for the sterilization procedures in the commercial practices of electrology and
tattooing 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
unless the context clearly requires otherwise.
(1)
"Electrologist" means a person who practices the business of
electrology for a fee.
(2)
"Electrology" means the process by which hair is permanently removed
through the utilization of solid needle/probe electrode epilation, including
thermolysis, being of shortwave, high frequency type, and including
electrolysis, being of galvanic type, or a combination of both which is
accomplished by a superimposed or sequential blend.
(3)
"Tattoo artist" means a person who practices the business of
tattooing for a fee.
(4)
"Tattooing" means the indelible mark, figure, or decorative design
introduced by insertion of nontoxic dyes or pigments into or under the
subcutaneous portion of the skin upon the body of a live human being for
cosmetic or figurative purposes.
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 and instruments by electrologists and tattoo artists in accordance with
nationally recognized professional standards. The secretary shall consider the
universal precautions for infection control, as recommended by the United
States centers for disease control, and guidelines for infection control, as
recommended by the national environmental health association and the alliance
of professional tattooists, 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 electrology or tattooing 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 1986 c 305 s 901 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 section 4 of this act, or driving while
under the influence of intoxicating liquor or any drug, shall be considered
negligence per se.
Passed the House April 16, 2001.
Passed the Senate April 9, 2001.
Approved by the Governor May
7, 2001.
Filed
in Office of Secretary of State May 7, 2001.
