HF 402

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to health occupations; establishing a regulation system for technicians
performing body art procedures and for body art establishments; proposing
coding for new law as Minnesota Statutes, chapter 146B.

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

Section 1.

new text begin [146B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms defined in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Body art. new text end

new text begin "Body art" means physical adornment using the following
techniques: body piercing, tattooing, and cosmetic tattooing.
new text end

new text begin Subd. 3. new text end

new text begin Body art establishment. new text end

new text begin "Body art establishment" means any place or
premise, whether public or private, temporary or permanent in nature or location, where
the practice of body art is performed, whether or not for profit.
new text end

new text begin Subd. 4. new text end

new text begin Body piercing. new text end

new text begin "Body piercing" means the penetration or puncturing of
the skin or mucous membrane for the purpose of inserting jewelry or other objects. This
definition does not include any medical procedure performed by licensed medical or
dental professionals or to the puncturing of the outer perimeter or lobe of the ear using
presterilized single-use stud and clasp ear-piercing system.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 6. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Health.
new text end

new text begin Subd. 7. new text end

new text begin Equipment. new text end

new text begin "Equipment" means all machinery, including fixtures,
containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks,
and all other apparatus and appurtenances used in the operation of a body art establishment.
new text end

new text begin Subd. 8. new text end

new text begin Jewelry. new text end

new text begin "Jewelry" means any personal ornament inserted into a newly
pierced area.
new text end

new text begin Subd. 9. new text end

new text begin Operator. new text end

new text begin "Operator" means any person who controls, operates, or
manages a body art establishment, whether that person actually performs body art
procedures or not.
new text end

new text begin Subd. 10. new text end

new text begin Tattooing. new text end

new text begin "Tattooing" means any method of placing ink, dye, or other
pigments into or under the skin or mucosa with needles or any other instruments used to
puncture the skin, resulting in permanent coloration of the skin or mucosa. This definition
includes cosmetic procedures such as eye lining, lip lining, or repigmentation.
new text end

new text begin Subd. 11. new text end

new text begin Technician. new text end

new text begin "Technician" means any individual who performs body
art activities.
new text end

new text begin Subd. 12. new text end

new text begin Temporary event. new text end

new text begin "Temporary event" means any place or premise
operating at a fixed location where an operator performs body art procedures for no more
than 21 days in conjunction with a single event or celebration.
new text end

Sec. 2.

new text begin [146B.02] LICENSURE FOR BODY ART TECHNICIANS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure required. new text end

new text begin Except as provided in subdivision 3, no person
shall perform body art procedures unless the person holds a valid technician license issued
by the commissioner under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin No person shall use the title of "tattooist," "tattoo artist,"
"body piercer," "body piercing artist," or other letters or titles in connection with that
person's name which in any way represents that the person is engaged in the practice
of tattooing or body piercing, or authorized to do so unless the person is licensed and
authorized to perform body art procedures under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin The following persons may perform body art procedures
within the scope of their practice without a technician's license:
new text end

new text begin (1) a physician licensed under chapter 147;
new text end

new text begin (2) a nurse licensed under sections 148.171 to 148.285;
new text end

new text begin (3) a chiropractor licensed under chapter 148;
new text end

new text begin (4) an acupuncturist licensed under chapter 147B;
new text end

new text begin (5) a physician's assistant registered under chapter 147A;
new text end

new text begin (6) a cosmetologist licensed under chapter 155A; or
new text end

new text begin (7) a dental professional licensed or registered under chapter 150A.
new text end

new text begin Subd. 4. new text end

new text begin Licensure requirements. new text end

new text begin An applicant for licensure under this section
shall submit to the commissioner:
new text end

new text begin (1) proof that the applicant is over the age of 18;
new text end

new text begin (2) a completed application for licensure on a form provided by the commissioner;
new text end

new text begin (3) all fees required under section 146B.06;
new text end

new text begin (4) proof of having satisfactorily completed a training course approved by the
commissioner that includes no less than six hours related to bloodborne pathogens,
infection control, and aseptic technique. Courses to be considered for approval by the
commissioner may include those administered by one of the following:
new text end

new text begin (i) the American Red Cross;
new text end

new text begin (ii) United States Occupational Safety and Health Administration (OSHA); or
new text end

new text begin (iii) the Alliance of Professional Tattooists; and
new text end

new text begin (5) any other information requested by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Action on licensure applications. new text end

new text begin Within 120 days upon receipt of the
application, the commissioner must notify the applicant in writing of the action taken on
the application. An applicant denied licensure must be notified of the determination and
the grounds for it, and may request a hearing on the determination by filing a written
statement of issues with the commissioner within 20 days after receipt of the notice from
the commissioner. After the hearing, the commissioner must notify the applicant in
writing of the decision.
new text end

new text begin Subd. 6. new text end

new text begin Licensure term; renewal. new text end

new text begin (a) A technician's license is valid for one
year from the date of issuance.
new text end

new text begin (b) A technician's license may be renewed annually upon:
new text end

new text begin (1) payment of the renewal fee; and
new text end

new text begin (2) submission of proof of having satisfactorily completed a training course
approved by the commissioner that includes not less than four hours related to bloodborne
pathogens, infection control, and aseptic technique.
new text end

new text begin Subd. 7. new text end

new text begin License by reciprocity. new text end

new text begin The commissioner shall issue a technician's
license to a person who holds a current license, certification, or registration from a
municipality located within the state or from another jurisdiction if the commissioner
determines that the standards for licensure, certification, or registration in the other
jurisdiction meet or exceed the requirements for licensure stated in this chapter and a letter
is received from that jurisdiction that the applicant is in good standing.
new text end

new text begin Subd. 8. new text end

new text begin Transfer and display of license. new text end

new text begin A license issued under this section is
not transferable to another person. A valid license shall be located onsite and available to
the public upon request.
new text end

Sec. 3.

new text begin [146B.03] LICENSURE FOR BODY ART ESTABLISHMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure required. new text end

new text begin (a) No person acting severally or jointly with
any other person shall maintain, own, or operate a body art establishment in the state
without an establishment license issued by the commissioner under this chapter.
new text end

new text begin (b) No person shall describe provided services in any manner under the title "Tattoo"
or "Body Piercing" unless the services are performed in a body art establishment that is
licensed by the commissioner according to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) a medical facility licensed under chapter 144;
new text end

new text begin (2) an office or clinic of a professional identified under section 146B.02, subdivision
3; or
new text end

new text begin (3) an establishment in which only ear piercing is performed.
new text end

new text begin Subd. 3. new text end

new text begin Licensure requirements. new text end

new text begin (a) An applicant for licensure under this section
shall submit to the commissioner at least 120 days before the opening of the establishment:
new text end

new text begin (1) a completed application for licensure on a form provided by the commissioner;
new text end

new text begin (2) the name of the owner and operator of the establishment;
new text end

new text begin (3) appropriate certificates of compliance with all applicable local and state codes;
new text end

new text begin (4) a copy of operating policies and procedures pertaining to the nature of services
provided, sanitation, sterilization, and safety procedures established for the protection of
the clients and technicians;
new text end

new text begin (5) all fees required under section 146B.06; and
new text end

new text begin (6) any other information required by the commissioner to ensure public health
safety.
new text end

new text begin (b) Upon approval, the commissioner shall issue a license. The license is valid for
one year from the date of issuance and may be renewed upon inspection and approval by
the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Inspection. new text end

new text begin Before issuing a license to a new establishment, the
commissioner shall inspect each body art establishment and at least once a year conduct
a routine inspection. The inspection shall ensure that required sanitation, sterilization,
and safety standards are maintained. The commissioner shall have the authority to enter
the premises of a body art establishment to make any investigation or inspection required
according to this chapter. Refusal to permit inspection or investigation shall constitute
valid grounds for licensure denial or revocation.
new text end

new text begin Subd. 5. new text end

new text begin Location restricted. new text end

new text begin No person shall perform body art procedures at any
place other than a licensed body art establishment.
new text end

new text begin Subd. 6. new text end

new text begin Transfer and display of license. new text end

new text begin An establishment license shall be issued
to a specific person and shall not be transferable. A valid license shall be located onsite
and available to the public upon request.
new text end

new text begin Subd. 7. new text end

new text begin Temporary events. new text end

new text begin Temporary body art establishments and individuals
performing body art procedures at a temporary event must meet the requirements of
this chapter.
new text end

new text begin Subd. 8. new text end

new text begin Change of ownership, operation, or location. new text end

new text begin (a) When a change
of ownership, location, or discontinuation of business as a body art establishment is
contemplated, the owner or manager shall notify the commissioner in writing before
the proposed change.
new text end

new text begin (b) Upon a change in ownership or in the operation or control of a licensed body
art establishment, the license shall immediately become void and shall be returned to the
commissioner. The commissioner may extend the expiration date of the license allowing
the establishment to operate under the same conditions that applied to the prior licensee
for the time that is required for processing a new application.
new text end

new text begin Subd. 9. new text end

new text begin Grounds for closure. new text end

new text begin Upon finding any of the following, the commissioner
may order the discontinuance of all operations of a body art establishment:
new text end

new text begin (1) failure to possess a valid license as required under this chapter;
new text end

new text begin (2) evidence of the existence of a public health threat;
new text end

new text begin (3) using equipment or jewelry that is not sterile;
new text end

new text begin (4) failure to properly dispose of sharps, blood or body fluids, or items containing
blood or body fluids;
new text end

new text begin (5) failure to properly report complaints to the commissioner or local health
authority of potential bloodborne pathogen transmission; or
new text end

new text begin (6) evidence of a violation of this chapter.
new text end

new text begin Subd. 10. new text end

new text begin Establishment information. new text end

new text begin The following information must be kept on
file for two years on the premises of the establishment and must be made available for
inspection by the commissioner:
new text end

new text begin (1) a description of all body art procedures performed at the establishment;
new text end

new text begin (2) an inventory of instruments, body jewelry, sharps, inks, or pigments used for all
procedures, including the names of manufacturers and serial and lot numbers; and
new text end

new text begin (3) the name, address, and license number for each technician employed or
performing body art procedures at the establishment.
new text end

Sec. 4.

new text begin [146B.04] PROFESSIONAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Standard practice. new text end

new text begin (a) A technician shall require proof of age
before performing any body art procedure on a client. Proof of age shall be established
by one of the following methods:
new text end

new text begin (1) a valid driver's license or identification card issued by the state of Minnesota or
another state that includes a photograph and date of birth of the individual;
new text end

new text begin (2) a valid military identification card issued by the United States Department of
Defense;
new text end

new text begin (3) a valid passport; or
new text end

new text begin (4) a resident alien card.
new text end

new text begin (b) No technician shall tattoo or pierce any individual under the age of 18 years
unless the individual provides the written permission of both custodial and noncustodial
parents, where applicable. The written permission of at least one parent must be provided
in person at the establishment. Nipple and genital piercing or tattooing is prohibited on a
minor under age 18 regardless of parental consent.
new text end

new text begin (c) Before performing any body art procedure, the technician must provide the client
with a release form that indicates whether the client has:
new text end

new text begin (1) diabetes;
new text end

new text begin (2) a history of hemophilia;
new text end

new text begin (3) a history of skin diseases, skin lesions, or skin sensitivities to soap or
disinfectants;
new text end

new text begin (4) a history of epilepsy, seizures, fainting, or narcolepsy;
new text end

new text begin (5) any condition that requires the client to take medications such as anticoagulants
that thin the blood or interferes with blood clotting; or
new text end

new text begin (6) any other information that would aid the technician in the body art procedure
process evaluation.
new text end

new text begin The technician must ask the client to sign and date the release form confirming that
the information listed on the form was obtained or an attempt was made to obtain the
information on the form.
new text end

new text begin (d) No technician shall perform body art procedures on any individual who appears
to be under the influence of alcohol, a controlled substance as defined in section 152.01,
subdivision 4, or a hazardous substance as defined in Minnesota Rules, parts 5206.0100
and 5206.1500.
new text end

new text begin (e) No technician shall perform body art procedures while under the influence of
alcohol, a controlled substance as defined in section 152.01, subdivision 4, or a hazardous
substance as defined in Minnesota Rules, parts 5206.0100 and 5206.1500.
new text end

new text begin (f) No technician shall administer anesthetic injections or other medications.
new text end

new text begin Subd. 2. new text end

new text begin Informed consent. new text end

new text begin Before performing a body art procedure, the technician
must obtain from the client a signed and dated informed consent form. The consent form
must disclose:
new text end

new text begin (1) that a tattoo is permanent and may only be removed with a surgical procedure
and that any effective removal may leave scarring; and
new text end

new text begin (2) that a piercing may leave scarring.
new text end

new text begin Subd. 3. new text end

new text begin Client record maintenance. new text end

new text begin The body art establishment operator must
maintain proper records for each client. The records of the procedure must be kept for
two years and must be available for inspection by the commissioner upon request. The
record must include the following:
new text end

new text begin (1) the date of the procedure;
new text end

new text begin (2) the information on the required picture identification showing the name, age,
and current address of the client;
new text end

new text begin (3) a copy of the release form signed and dated by the client required under
subdivision 1, paragraph (c);
new text end

new text begin (4) a description of the body art procedure performed;
new text end

new text begin (5) the name and the license number of the technician performing the procedure;
new text end

new text begin (6) a copy of the consent form required under this subdivision; and
new text end

new text begin (7) a copy of the written permission of the parents if the client is a minor as required
under subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Tools and equipment. new text end

new text begin A technician performing a body art procedure must
use tools and equipment that have been properly sterilized and kept in a sterile condition
that meets the standards of the National Centers for Disease Control and Prevention.
new text end

new text begin Subd. 5. new text end

new text begin Aftercare. new text end

new text begin Upon the completion of the procedure, a technician must
provide each client with verbal and written instructions for the care of the tattooed or
pierced site. The written instructions shall advise the client to consult a health care
professional at the first sign of infection.
new text end

new text begin Subd. 6. new text end

new text begin State and municipal public health regulations. new text end

new text begin An operator and
technician must comply with all applicable state and municipal requirements regarding
public health.
new text end

new text begin Subd. 7. new text end

new text begin Notification. new text end

new text begin The operator of the body art establishment must immediately
notify the commissioner or local health authority of any reports they receive of a potential
bloodborne pathogen transmission.
new text end

Sec. 5.

new text begin [146B.05] INVESTIGATION PROCESS AND DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Investigations of complaints. new text end

new text begin The commissioner may initiate an
investigation upon receiving a signed complaint or other signed written communication
that alleges or implies that an individual or establishment has violated requirements of
this chapter or rules adopted according to this chapter. According to section 214.13,
subdivision 6, in the receipt, investigation, and hearing of a complaint that alleges or
implies an individual or establishment has violated requirements of this chapter, the
commissioner shall follow the procedures in section 214.10.
new text end

new text begin Subd. 2. new text end

new text begin Rights of applicants and licensees. new text end

new text begin The rights of an applicant denied
licensure are defined in section 146B.02, subdivision 5. A licensee shall not be subjected
to disciplinary action under this section without first having an opportunity for a contested
case hearing under chapter 14.
new text end

new text begin Subd. 3. new text end

new text begin Grounds for disciplinary action by commissioner. new text end

new text begin The commissioner
may take any of the disciplinary actions listed in subdivision 4 on proof that a technician
or an operator of an establishment has:
new text end

new text begin (1) intentionally submitted false or misleading information to the commissioner;
new text end

new text begin (2) failed, within 30 days, to provide by certified mail information in response
to a written request by the commissioner;
new text end

new text begin (3) violated sections 146B.01 to 146B.07;
new text end

new text begin (4) failed to perform services with reasonable judgment, skill, or safety due to the
use of alcohol or drugs, or other physical or mental impairment;
new text end

new text begin (5) aided or abetted another person in violating any requirement of this chapter;
new text end

new text begin (6) been or is being disciplined by another jurisdiction, if any of the grounds for the
discipline is the same or substantially equivalent to those under this chapter;
new text end

new text begin (7) not cooperated with the commissioner in an investigation conducted according to
subdivision 1;
new text end

new text begin (8) advertised in a manner that is false or misleading;
new text end

new text begin (9) engaged in conduct likely to deceive, defraud, or harm the public;
new text end

new text begin (10) demonstrated a willful or careless disregard for the health, welfare, or safety
of a client;
new text end

new text begin (11) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud; or
new text end

new text begin (12) failed to refer a client for medical evaluation or to other health care professionals
when appropriate or when a client indicated symptoms associated with diseases that
could be medically or surgically treated.
new text end

new text begin Subd. 4. new text end

new text begin Disciplinary actions. new text end

new text begin If the commissioner finds that a technician or
an operator of an establishment should be disciplined according to subdivision 3, the
commissioner may take any one or more of the following actions:
new text end

new text begin (1) refuse to grant or renew licensure;
new text end

new text begin (2) suspend licensure for a period not exceeding one year;
new text end

new text begin (3) revoke licensure;
new text end

new text begin (4) take any reasonable lesser action against an individual upon proof that the
individual has violated the requirements of this chapter new text end new text begin ; or
new text end

new text begin (5) impose, for each violation, a civil penalty not exceeding $10,000 that deprives
the licensee of any economic advantage gained by the violation and that reimburses the
department for costs of the investigation and proceedings resulting in disciplinary action,
including the amount paid for services of the Office of Administrative Hearings, the
amount paid for services of the Office of the Attorney General, attorney fees, court
reporters, witnesses, reproduction of records, department staff time, and expenses incurred
by department staff.
new text end

new text begin Subd. 5. new text end

new text begin Consequences of disciplinary actions. new text end

new text begin Upon the suspension or revocation
of licensure, the technician or establishment shall cease to perform body art procedures, to
use titles protected under this chapter, and to represent to the public that the technician or
establishment is licensed by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement requirements after disciplinary action. new text end

new text begin A technician
who has had licensure suspended may petition on forms provided by the commissioner
for reinstatement following the period of suspension specified by the commissioner. The
requirements of section 146B.02 for renewing licensure must be met before licensure
may be reinstated.
new text end

Sec. 6.

new text begin [146B.06] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Annual licensing fees. new text end

new text begin (a) The fee for the initial technician licensure
and annual licensure renewal is $........
new text end

new text begin (b) The fee for the initial establishment licensure and annual licensure renewal is
$.......
new text end

new text begin Subd. 2. new text end

new text begin Penalty for late renewals. new text end

new text begin The penalty fee for late submission for renewal
applications is $........
new text end

new text begin Subd. 3. new text end

new text begin Deposit. new text end

new text begin Fees collected by the commissioner under this section must be
deposited in the state government special revenue fund.
new text end

Sec. 7.

new text begin [146B.07] MUNICIPAL REGULATION.
new text end

new text begin Nothing in this chapter preempts or supersedes any municipal ordinances relating
to land use, building and construction requirements, nuisance control, or the licensing of
commercial enterprises in general.
new text end

Sec. 8.

new text begin [146B.08] RULES.
new text end

new text begin The commissioner shall adopt rules necessary to administer sections 146B.01 to
146B.07 to protect the health and safety of the public, including rules governing the
following health and safety standards:
new text end new text begin new text end

new text begin (1) skin preparation;
new text end

new text begin (2) hand washing and hygiene;
new text end

new text begin (3) glove use; and
new text end

new text begin (4) proper handling and disposal of needles, other sharp instruments, blood and other
body fluids, and contaminated products as required by the National Centers for Disease
Control and Prevention.
new text end