BILL REQ. #:  S-1496.1 

Read first time 02/14/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to regulating tattooing and body piercing businesses; amending RCW 18.16.010, 18.16.020, 18.16.030, 18.16.050, 18.16.060, 18.16.130, 18.16.170, 18.16.180, 18.16.190, 18.16.200, 18.16.290, 70.54.320, 70.54.330, 70.54.340, and 70.54.350; reenacting and amending RCW 18.16.175; adding new sections to chapter 18.16 RCW; and prescribing penalties.

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

Sec. 1   RCW 18.16.010 and 2002 c 111 s 1 are each amended to read as follows:
     The legislature recognizes that the practices of cosmetology, barbering, manicuring, ((and)) esthetics, tattooing, and body piercing involve the use of tools, invasive procedures, and chemicals which may be dangerous when mixed or applied improperly, and therefore finds it necessary in the interest of the public health, safety, and welfare to regulate those practices in this state.

Sec. 2   RCW 18.16.020 and 2003 c 400 s 2 are each amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
     (1) "Apprenticeship program" means an apprenticeship pilot program approved under RCW 18.16.280 for the practice of cosmetology, barbering, esthetics, and manicuring, which expires July 1, 2006.
     (2) "Apprentice" means a person engaged in a state-approved apprenticeship program and who may receive a wage or compensation while engaged in the program.
     (3) "Department" means the department of licensing.
     (4) "Board" means the cosmetology, barbering, esthetics, ((and)) manicuring, tattooing, and body piercing advisory board.
     (5) "Director" means the director of the department of licensing or the director's designee.
     (6) "The practice of cosmetology" means arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp; temporary removal of superfluous hair by use of depilatories, waxing, or tweezing; manicuring and pedicuring, limited to cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and nails of the hands and feet, excluding the application and removal of sculptured or otherwise artificial nails; esthetics limited to toning the skin of the scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and eyebrows.
     (7) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology.
     (8) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and mustache and beard design of the hair of the face, neck, and scalp.
     (9) "Barber" means a person licensed under this chapter to engage in the practice of barbering.
     (10) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and the nails of the hands or feet, and the application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances.
     (11) "Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.
     (12) "Practice of esthetics" means care of the skin by application and use of preparations, antiseptics, tonics, essential oils, or exfoliants, or by any device or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, pore extraction, or product application and removal; the temporary removal of superfluous hair by means of lotions, creams, mechanical or electrical apparatus, appliance, waxing, tweezing, or depilatories; tinting of eyelashes and eyebrows; and lightening the hair, except the scalp, on another person.
     (13) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.
     (14) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, or esthetician, and is enrolled in an instructor-trainee curriculum in a school licensed under this chapter.
     (15) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, barbering, esthetics, manicuring, or instructor-trainee to students and is licensed under this chapter.
     (16) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives instruction in any of the curricula of cosmetology, barbering, esthetics, manicuring, or instructor-training with or without tuition, fee, or cost, and who does not receive any wage or commission.
     (17) "Instructor" means a person who gives instruction in a school in a curriculum in which he or she holds a license under this chapter, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, and has passed a licensing examination approved or administered by the director. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give instruction in a school in a curriculum in which he or she holds a license under this chapter. An applicant who holds an instructional credential from an accredited community or technical college and who has passed a licensing examination approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school in a curriculum in which he or she holds a license under this chapter.
     (18) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.
     (19) "Salon/shop" means any building, structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, ((or)) manicuring, tattooing, or body piercing is conducted; provided that any person, except employees of a salon/shop, who operates from a salon/shop is required to meet all salon/shop licensing requirements and may participate in the apprenticeship program when certified by the advisory committee as established by the department of labor and industries apprenticeship council.
     (20) "Crossover training" means training approved by the director as training hours that may be credited to current licensees for similar training received in another profession licensed under this chapter.
     (21) "Approved security" means surety bond.
     (22) "Personal services" means a location licensed under this chapter where the practice of cosmetology, barbering, manicuring, or esthetics is performed for clients in the client's home, office, or other location that is convenient for the client.
     (23) "Individual license" means a cosmetology, barber, manicurist, esthetician, or instructor license issued under this chapter.
     (24) "Location license" means a license issued under this chapter for a salon/shop, school, personal services, or mobile unit.
     (25) "Mobile unit" is a location license under this chapter where the practice of cosmetology, barbering, esthetics, or manicuring is conducted in a mobile structure. Mobile units must conform to the health and safety standards set by rule under this chapter.
     (26) "Curriculum" means the courses of study taught at a school, set by rule under this chapter, and approved by the department. After consulting with the board, the director may set by rule a percentage of hours in a curriculum, up to a maximum of ten percent, that could include hours a student receives while training in a salon/shop under a contract approved by the department. Each curriculum must include at least the following required hours:
     (a) Cosmetologist, one thousand six hundred hours;
     (b) Barber, one thousand hours;
     (c) Manicurist, six hundred hours;
     (d) Esthetician, six hundred hours;
     (e) Instructor-trainee, five hundred hours.
     (27) "Student monthly report" means the student record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the school and provided to the student, audited annually by the department, and kept on file by the school for three years.
     (28) "Tattoo artist" means a person who practices the business of tattooing for a fee.
     (29) "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.
     (30) "Body piercer" means a person who performs body piercing.
     (31) "Body piercing" means the creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration. This act does not authorize a licensed body piercer to implant or embed foreign objects into the human body or otherwise engage in the practice of medicine.

Sec. 3   RCW 18.16.030 and 2004 c 51 s 7 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 shall have 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 examinations;
     (4) To establish minimum safety and sanitation standards for schools, instructors, cosmetologists, barbers, manicurists, estheticians, tattoo artists, body piercers, salons/shops, personal services, and mobile units;
     (5) To establish curricula for the training of students under this chapter;
     (6) To maintain the official department record of applicants and licensees;
     (7) To establish by rule the procedures for an appeal of an examination failure;
     (8) To set license expiration dates and renewal periods for all licenses consistent with this chapter;
     (9) 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 or on inactive status 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
     (10) To make information available to the department of revenue to assist in collecting taxes from persons required to be licensed under this chapter.

Sec. 4   RCW 18.16.050 and 2002 c 111 s 4 are each amended to read as follows:
     (1) There is created a state cosmetology, barbering, esthetics, ((and)) manicuring, tattooing, and body piercing advisory board consisting of ((nine)) twelve members appointed by the director. These members of the board shall include: A representative of private schools licensed under this chapter; a representative of public vocational technical schools licensed under this chapter; a consumer who is unaffiliated with the cosmetology, barbering, esthetics, or manicuring industry; ((and)) six members who are currently practicing licensees who have been engaged in the practice of manicuring, esthetics, barbering, or cosmetology for at least three years; and three members who are currently practicing licensees who have been engaged in the practice of tattooing or body piercing for at least three years. Members shall serve a term of three years. Any board member may be removed for just cause. The director may appoint a new member to fill any vacancy on the board for the remainder of the unexpired term.
     (2) Board members shall be entitled to compensation pursuant to RCW 43.03.240 for each day spent conducting official business and to reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060.
     (3) The board may seek the advice and input of officials from the following state agencies: (a) The work force training and education coordinating board; (b) the department of employment security; (c) the department of labor and industries; (d) the department of health; (e) the department of licensing; and (f) the department of revenue.

Sec. 5   RCW 18.16.060 and 2004 c 51 s 1 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 shall be 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 18.16.110; (b) the license has been denied, revoked, or suspended under RCW 18.16.210, 18.16.230, or 18.16.240, and has not been reinstated; (c) the license is held by a person who has not fully complied with an order of the director issued under RCW 18.16.210 requiring the licensee to pay restitution or a fine, or to acquire additional training; or (d) the license has been placed on inactive status at the request of the licensee, and has not been reinstated in accordance with RCW 18.16.110(3).
     (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) Except as provided in subsection (3) of this section, engages in the commercial practice of cosmetology, barbering, esthetics, ((or)) manicuring, tattooing, or body piercing;
     (b) Instructs in a school;
     (c) Operates a school; or
     (d) Operates a salon/shop, personal services, or mobile unit.
     (3) A person who receives a license as an instructor may engage in the commercial practice for which he or she held a license when applying for the instructor license without also renewing the previously held license. However, a person licensed as an instructor whose license to engage in a commercial practice is not or at any time was not renewed may not engage in the commercial practice previously permitted under that license unless that person renews the previously held license.

Sec. 6   RCW 18.16.130 and 1991 c 324 s 10 are each amended to read as follows:
     Any person who is properly licensed in any state, territory, or possession of the United States, or foreign country shall be eligible for examination if the applicant submits the approved application and fee and provides proof to the director that he or she is currently licensed in good standing as a cosmetologist, barber, manicurist, esthetician, instructor, tattoo artist, body piercer, or the equivalent in that jurisdiction. Upon passage of the required examinations the appropriate license will be issued.

Sec. 7   RCW 18.16.170 and 2002 c 111 s 10 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 salon/shop, personal services, or mobile unit license expires one year from issuance or when the insurance required by RCW 18.16.175(1)(g) expires, whichever occurs first;
     (b) A school license expires one year from issuance; and
     (c) Cosmetologist, barber, manicurist, esthetician, ((and)) instructor, tattoo artist, and body piercer licenses expire two years 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 18.16.175 and 2002 c 111 s 11 and 2002 c 86 s 216 are each reenacted and amended to read as follows:
     (1) A salon/shop or mobile unit 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 salon/shop or mobile unit;
     (c) Any room used wholly or in part as a salon/shop or mobile unit shall not be used for residential purposes, except that toilet facilities may be used jointly for 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 chemicals used in the practices under this chapter;
     (f) Meet all applicable local and state fire codes; and
     (g) Certify that the salon/shop or mobile unit 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 salons/shops, personal services, or mobile units. The director may consult with the state board of health and the department of labor and industries in establishing minimum salon/shop, personal services, and mobile unit safety requirements.
     (3) Personal services license holders shall certify coverage of a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
     (4) Upon receipt of a written complaint that a salon/shop or mobile unit 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 salon/shop or mobile unit, the director or the director's designee shall inspect each salon/shop or mobile unit. If the director determines that any salon/shop or mobile unit is not in compliance with this chapter, the director shall send written notice to the salon/shop or mobile unit. A salon/shop or mobile unit which fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any salon/shop or mobile unit 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.
     (5) A salon/shop, personal services, or mobile unit shall obtain a certificate of registration from the department of revenue.
     (6) This section does not prohibit the use of motor homes as mobile units if the motor home meets the health and safety standards of this section.
     (7) Salon/shop or mobile unit licenses issued by the department must be posted in the salon/shop or mobile unit's reception area.
     (8) Cosmetology, barbering, esthetics, ((and)) manicuring, tattooing, and body piercing licenses issued by the department must be posted at the licensed person's work station.

Sec. 9   RCW 18.16.180 and 1991 c 324 s 16 are each amended to read as follows:
     The director shall prepare and provide to all licensed salons/shops a notice to consumers. At a minimum, the notice shall state that cosmetology, barber, esthetics, ((and)) manicure, tattooing, and body piercing salons/shops are required to be licensed, that salons/shops are required to maintain minimum safety and sanitation standards, that customer complaints regarding salons/shops may be reported to the department, and a telephone number and address where complaints may be made.

Sec. 10   RCW 18.16.190 and 1991 c 324 s 20 are each amended to read as follows:
     It is a violation of this chapter for any person to engage in the commercial practice of cosmetology, barbering, esthetics, ((or)) manicuring, tattooing, or body piercing except in a licensed salon/shop or the home, office, or other location selected by the client for obtaining the services of a personal service operator, or with the appropriate individual license when delivering services to placebound clients. Placebound clients are defined as persons who are ill, disabled, or otherwise unable to travel to a salon/shop.

Sec. 11   RCW 18.16.200 and 2004 c 51 s 4 are each amended to read as follows:
     In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any applicant or licensee under this chapter if the licensee or applicant:
     (1) Has been found to have violated any provisions of chapter 19.86 RCW;
     (2) Has engaged in a practice prohibited under RCW 18.16.060 without first obtaining, and maintaining in good standing, the license required by this chapter;
     (3) Has engaged in the commercial practice of cosmetology, barbering, manicuring, ((or)) esthetics, tattooing, or body piercing in a school;
     (4) Has not provided a safe, sanitary, and good moral environment for students in a school or the public;
     (5) Has failed to display licenses required in this chapter; or
     (6) Has violated any provision of this chapter or any rule adopted under it.

Sec. 12   RCW 18.16.290 and 2004 c 51 s 2 are each amended to read as follows:
     (1) If the holder of an individual license in good standing submits a written and notarized request that the licensee's cosmetology, barber, manicurist, esthetician, ((or)) instructor, tattooing, or body piercing license be placed on inactive status, together with a fee equivalent to that established by rule for a duplicate license, the department shall place the license on inactive status until the expiration date of the license. If the date of the request is no more than six months before the expiration date of the license, a request for a two-year extension of the inactive status, as provided under subsection (2) of this section, may be submitted at the same time as the request under this subsection.
     (2) If the holder of a license placed on inactive status under this section submits, by the expiration date of the license, a written and notarized request to extend that status for an additional two years, the department shall, without additional fee, extend the expiration date of: (a) The licensee's individual license; and (b) the inactive status for two years from the expiration date of the license.
     (3) A license placed on inactive status under this section may not be extended more frequently than once in any twenty-four month period or for more than six consecutive years.
     (4) If, by the expiration date of a license placed on inactive status under this section, a licensee is unable, or fails, to request that the status be extended and the license is not renewed, the license shall be canceled.

Sec. 13   RCW 70.54.320 and 2001 c 194 s 1 are each amended to read as follows:
     The legislature finds and declares that the practice((s)) of electrology ((and tattooing)) involves 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 practice((s)) of electrology ((and tattooing)) in this state.

Sec. 14   RCW 70.54.330 and 2001 c 194 s 2 are each amended to read as follows:
     The definitions in this section apply throughout RCW 70.54.320, 70.54.340, and 70.54.350 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.))

Sec. 15   RCW 70.54.340 and 2001 c 194 s 3 are each amended 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.

Sec. 16   RCW 70.54.350 and 2001 c 194 s 4 are each amended to read as follows:
     (1) Any person who practices electrology ((or tattooing)) shall comply with the rules adopted by the department of health under RCW 70.54.340.
     (2) A violation of this section is a misdemeanor.

NEW SECTION.  Sec. 17   A new section is added to chapter 18.16 RCW to read as follows:
     All tattooing and body piercing salon/shops shall provide a written report of any infection or allergic reaction resulting from electrology, tattooing, or body piercing to the department of health within seventy-two hours of its occurrence or knowledge thereof. The report shall include:
     (1) The name of the infected client;
     (2) The name and address of the salon/shop where the tattooing or body piercing was performed;
     (3) The name of the tattoo artist or body piercer;
     (4) The date of the tattooing or body piercing practice;
     (5) The location of the infection;
     (6) The name and address of the health care practitioner, if any; and
     (7) Any other information considered relevant to the situation.

NEW SECTION.  Sec. 18   A new section is added to chapter 18.16 RCW to read as follows:
     (1) Licensed tattoo artists and body piercers shall meet the following standards and any others the board may adopt:
     (a) Compliance with 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;
     (b) Compliance with sterilization procedures using sterilization equipment approved by the United States food and drug administration for the purpose of sterilization, and adequate in size to accommodate necessary utensils and instruments; and
     (c) Case history cards shall be kept for each client for five years.
     (2) A violation of this section is a misdemeanor punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 19   A new section is added to chapter 18.16 RCW to read as follows:
     The board, in addition to any other penalty prescribed under this chapter, may assess civil fines and costs, including attorneys' fees, after proper notice and an opportunity to be heard, against a licensed tattoo artist or body piercer for a violation of this chapter or rules adopted under this chapter in an amount not to exceed five thousand dollars for the first violation, ten thousand dollars for the second violation, and fifteen thousand dollars for the third violation and for each subsequent violation. In determining the amount of a penalty to be assessed under this section, the board may consider the following factors: (1) Willfulness of the violation; (2) repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.