SF 525

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

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

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

Section 1.

[146B.01] DEFINITIONS.

Subdivision 1.

Scope.

The terms defined in this section apply to this chapter.

Subd. 2.

Aftercare.

"Aftercare" means written instructions given to a client,
specific to the procedure rendered, on caring for the body art and surrounding area. These
instructions must include information on when to seek medical treatment.

Subd. 3.

Antiseptic.

"Antiseptic" means an agent that destroys disease-causing
microorganisms on human skin or mucosa.

Subd. 4.

Apprentice.

"Apprentice" means an individual working under the direct
supervision of a licensed technician in a licensed body art establishment according to
the requirements under section 146B.04.

Subd. 5.

Body art.

"Body art" means physical body adornment using, but not
limited to, the following techniques: body piercing, tattooing, micropigmentation, and
cosmetic tattooing. This definition of body art does not include piercing of the outer
perimeter or lobe of the ear using a presterilized single-use stud-and-clasp ear piercing
system. This definition of body art does not include practices that are part of a medical
procedure performed by board-certified medical or dental personnel including, but not
limited to, implants under the skin.

Subd. 6.

Body art establishment.

"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, whether or not for profit, is performed.

Subd. 7.

Body piercing.

"Body piercing" means the penetration or puncturing of
human skin by any method for the purpose of inserting jewelry or other objects in or
through the human body. This definition does not include any procedure performed by
a licensed or registered health professional if the procedure is within the professional's
scope of practice.

Subd. 8.

Commissioner.

"Commissioner" means the commissioner of health.

Subd. 9.

Contaminated waste.

"Contaminated waste" means: any liquid or
semiliquid blood or other potentially infectious materials; contaminated items that would
release blood or other potentially infectious materials in a liquid or semiliquid state
if compressed; items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling; and sharps and any
wastes containing blood and other potentially infectious materials, as defined in Code of
Federal Regulations, title 29, section 1910.1030, known as "Occupational Exposure to
Bloodborne Pathogens."

Subd. 10.

Department.

"Department" means the Department of Health.

Subd. 11.

Disinfection.

"Disinfection" means the destruction of disease-causing
microorganisms on inanimate objects or surfaces, rendering the objects safe for use or
handling.

Subd. 12.

Equipment.

"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.

Subd. 13.

Establishment plan.

"Establishment plan" means a scale drawing of the
establishment's layout illustrating how the establishment complies with the requirements
of this chapter.

Subd. 14.

Guest artist.

"Guest artist" means an individual who performs body art
procedures according to the requirements under section 146B.04.

Subd. 15.

Hand sink.

"Hand sink" means a room equipped with hot and cold water
held under pressure, used solely for washing hands, wrists, arms, or other portions of
the body.

Subd. 16.

Hot water.

"Hot water" means water at a temperature of at least 110
degrees Fahrenheit.

Subd. 17.

Jewelry.

"Jewelry" means any personal ornament inserted into a newly
pierced area.

Subd. 18.

Liquid chemical germicide.

"Liquid chemical germicide" means a
tuberculocidal disinfectant or sanitizer registered with the Environmental Protection
Agency.

Subd. 19.

Operator.

"Operator" means any individual who controls, operates,
or manages body art activities at a body art establishment and who is responsible for
compliance with these regulations, whether actually performing body art activities or not.

Subd. 20.

Procedure area.

"Procedure area" means the physical space or room used
solely for conducting body art procedures.

Subd. 21.

Procedure surface.

"Procedure surface" means the surface area of
furniture or accessories that may come into contact with the client's clothed or unclothed
body during a body art procedure and the area of the client's skin where the body art
procedure is to be performed and the surrounding area, or any other associated work
area requiring sanitizing.

Subd. 22.

Sanitization.

"Sanitization" means a process of reducing the numbers of
microorganisms on clean surfaces and equipment to a safe level.

Subd. 23.

Safe level.

"Safe level" means not more than 50 colonies of
microorganisms per four square inches of equipment or procedure surface.

Subd. 24.

Sharps.

"Sharps" means any object, sterile or contaminated, that may
purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited
to, presterilized singe-use needles, scalpel blades, and razor blades.

Subd. 25.

Sharps container.

"Sharps container" means a closed, puncture-resistant,
leak-proof container, labeled with the international biohazard symbol, that is used for
handling, storage, transportation, and disposal.

Subd. 26.

Single use.

"Single use" means products or items intended for onetime
use which are disposed of after use on a client. This definition includes, but is not limited
to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and
sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink
cups, and protective gloves.

Subd. 27.

Standard precautions or universal precautions.

"Standard precautions
or universal precautions" means the guidelines and controls published by the Centers for
Disease Control and Prevention (CDC) as "guidelines for prevention of transmission
of human immunodeficiency virus and hepatitis B virus to health care and public
safety workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989,
Vol. 38, No. S-6, and as "recommendation for preventing transmission of human
immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive
procedures," in MMWR, July 12, 1991, Vol. 40, No. RR-Subd. T.

Subd. 28.

Sterilization.

"Sterilization" means a process resulting in the destruction
of all forms of microbial life, including highly resistant bacterial spores.

Subd. 29.

Tattooing.

"Tattooing" means any method of placing ink 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 tattooing and micropigmentation.

Subd. 30.

Technician.

"Technician" means any individual who conducts or
practices body art procedures at a body art establishment.

Subd. 31.

Temporary body art establishment.

"Temporary body art establishment"
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.

Sec. 2.

[146B.02] ESTABLISHMENT LICENSE PROCEDURES.

Subdivision 1.

General.

Beginning January 1, 2010, no person acting generally
or jointly with any other person may maintain, own, or operate a body art establishment
in the state without an establishment license issued by the commissioner in accordance
with this chapter.

Subd. 2.

Requirements.

(a) Each application for an establishment license must be
submitted to the commissioner on a form provided by the commissioner accompanied
with the applicable fee required under section 146B.10. The application must contain:

(1) the name of the owner and operator of the establishment;

(2) certificates of compliance with all applicable local and state codes;

(3) a description of the general nature of the business;

(4) a copy of a to-scale drawing of the establishment's layout that provides sufficient
detail to ensure compliance with the requirements of this chapter; and

(5) any other relevant information deemed necessary by the commissioner.

(b) Upon approval, the commissioner shall issue an establishment license. The
license is valid commencing on the date of issuance for three years after which time the
license may be renewed upon approval by the commissioner.

Subd. 3.

Inspection.

(a) Before issuing an initial license or renewing a license, the
commissioner shall conduct an inspection of the body art establishment and a review of
any records necessary to ensure that the standards required under this chapter are met.

(b) If the establishment seeking licensure is new construction or if a licensed
establishment is remodeling, the commissioner shall inspect the establishment at least
once during the construction or remodeling process to ensure that construction is in
conformance with this chapter.

(c) The commissioner shall have the authority to enter the premises to make the
inspection. Refusal to permit an inspection constitutes valid grounds for licensure denial
or revocation.

Subd. 4.

Location restricted.

No person may perform body art procedures at
any location other than a body art establishment licensed under this chapter except as
permitted under subdivisions 6 and 8.

Subd. 5.

Transfer and display of license.

A body art establishment license must
be issued to a specific person and location and is not transferable. A valid license must
be prominently displayed onsite.

Subd. 6.

Temporary events permit.

(a) An owner or operator of a temporary
body establishment shall submit an application for a temporary events permit to the
commissioner at least 14 days before the start of the event. The application must include
the specific days and hours of operation. The owner or operator shall comply with the
requirements of this chapter.

(b) The temporary events permit must be prominently displayed at the location.

(c) The temporary events permit, if approved, must be valid for the specified dates
and hours listed on the application. No temporary events permit may be issued for longer
than a 21-day period.

Subd. 7.

Establishment information.

The following information must be kept on
file for two years on the premises of the establishment and must be made available for
inspection upon request by the commissioner:

(1) a description of all body art procedures performed by the establishment;

(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, if available;

(3) copies of the spore tests conducted in the sterilizer; and

(4) the following information for each technician, apprentice, or guest artist
employed or performing body art procedures in the establishment:

(i) name;

(ii) home address;

(iii) home telephone number;

(iv) date of birth;

(v) copy of an identification photo;

(vi) duties performed; and

(vii) license number or apprenticeship or guest artist registration number.

Subd. 8.

Exception.

(a) Any body art establishment located within a county or
municipal jurisdiction that has enacted an ordinance that establishes licensure for body art
establishments operating within the jurisdiction shall be exempt from this chapter if the
provisions of the ordinance meet or exceed the provisions of this chapter.

(b) Any technician, apprentice, or guest artist employed by or performing body art
procedures in the establishment must be licensed or registered as required under this
chapter.

Sec. 3.

[146B.03] LICENSURE FOR BODY ART TECHNICIANS.

Subdivision 1.

Licensure required.

Effective January 1, 2010, no individual may
perform body art procedures unless the individual holds a valid technician license issued
by the commissioner under this chapter, except as provided in subdivision 3.

Subd. 2.

Designation.

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

Subd. 3.

Exceptions.

(a) The following individuals may perform body art
procedures within the scope of their practice without a technician's license:

(1) a physician licensed under chapter 147;

(2) a nurse licensed under sections 148.171 to 148.285;

(3) a chiropractor licensed under chapter 148;

(4) an acupuncturist licensed under chapter 147B;

(5) a physician's assistant registered under chapter 147A; or

(6) a dental professional licensed or registered under chapter 150A.

(b) An individual registered as an apprentice or guest artist under section 146B.04
may perform body art procedures in accordance with the requirements of section 146B.04
without a technician's license.

Subd. 4.

Licensure requirements.

(a) An applicant for licensure under this section
shall submit to the commissioner on a form provided by the commissioner:

(1) proof that the applicant is over the age of 18;

(2) all fees required under section 146B.10;

(3) proof of completing a minimum of 200 hours of supervised training as an
apprentice under section 146B.04;

(4) proof of having satisfactorily completed a course approved by the commissioner
on bloodborne pathogens, the prevention of disease transmission, infection control, and
aseptic technique. Courses to be considered for approval by the commissioner may
include those administered by one of the following:

(i) the American Red Cross;

(ii) United States Occupational Safety and Health Administration (OSHA); or

(iii) the Alliance of Professional Tattooists; and

(5) any other relevant information requested by the commissioner.

(b) Until January 1, 2011, the supervised training requirement under paragraph (a),
clause (3), shall be waived by the commissioner if the applicant submits evidence to
the commissioner that the applicant has, at a minimum, 200 hours of performing body
art procedures within the last five years.

Subd. 5.

Action on licensure applications.

The commissioner shall notify the
applicant in writing of the action taken on the application. If licensure is denied, the
applicant must be notified of the determination and the grounds for it, and the applicant
may request a hearing on the determination by filing a written statement with the
commissioner within 20 days after receipt of the notice of denial. After the hearing, the
commissioner shall notify the applicant in writing of the decision.

Subd. 6.

License by reciprocity.

The commissioner shall issue a technician's
license to a person who holds a current license, certification, or registration from another
state if the commissioner determines that the standards for licensure, certification, or
registration in the other jurisdiction meets or exceeds the requirements for licensure stated
in this chapter and a letter is received from that jurisdiction stating that the applicant
is in good standing.

Subd. 7.

Licensure term; renewal.

A technician's license is valid for one year from
the date of issuance and may be renewed upon payment of the renewal fee established
under section 146B.10.

Subd. 8.

Transfer and display of license.

A license issued under this section is
not transferable to another individual. A valid license must be located at the site and
available to the public upon request.

Sec. 4.

[146B.04] APPRENTICESHIP AND GUEST ARTISTS.

Subdivision 1.

General.

Before an individual may begin an apprenticeship or work
as a guest artist, a licensed technician shall register the apprentice or guest artist with the
commissioner by submitting the name of the apprentice or guest artist to the commissioner
on a form provided by the commissioner. The form must include:

(1) the name of the apprentice or guest artist;

(2) the name of the licensed technician supervising the apprenticeship or sponsoring
the guest artist;

(3) proof of having satisfactorily completed a course approved by the commissioner
on bloodborne pathogens, the prevention of disease transmission, infection control, and
aseptic technique; and

(4) the starting and anticipated completion dates of the apprenticeship or the dates
the guest artist will be working.

Subd. 2.

Supervision.

An apprentice shall complete a minimum of 200 hours of
training under the direct supervision of a licensed technician. For purposes of this chapter,
"direct supervision" means that a licensed technician is present when the apprentice is
performing body art procedures.

Subd. 3.

Guest artists.

A guest artist may not conduct body art procedures for more
than 30 days per calendar year per licensed establishment. If the guest artist exceeds this
time period, the guest artist shall apply for a technician's license.

Sec. 5.

[146B.05] GROUNDS FOR EMERGENCY CLOSURE.

Subdivision 1.

General.

If any of the following conditions exist, the owner or
operator of a licensed establishment may be ordered by the commissioner to discontinue
all operations of a licensed body art establishment:

(1) evidence of a sewage backup in an area of the body art establishment where
body art activities are conducted;

(2) lack of potable, plumbed, or hot or cold water to the extent that handwashing or
toilet facilities are not operational;

(3) lack of electricity or gas service to the extent that handwashing, lighting, or
toilet facilities are not operational;

(4) significant damage to the body art establishment due to tornado, fire, flood,
or another disaster;

(5) evidence of an infestation of rodents or other vermin;

(6) evidence of contamination, filthy conditions, untrained staff, or poor personal
hygiene;

(7) evidence of existence of a public health nuisance;

(8) use of instruments or jewelry that are not sterile;

(9) failure to maintain required records;

(10) failure to use gloves as required;

(11) failure to properly dispose of sharps, blood or body fluids, or items contaminated
by blood or body fluids;

(12) failure to properly report complaints of potential bloodborne pathogen
transmission to the commissioner; or

(13) evidence of a positive spore test on the sterilizer.

Subd. 2.

Reopening requirements.

Prior to reopening, the establishment shall
submit to the commissioner satisfactory proof that the problem condition causing the
need for the emergency closure has been corrected or removed by the operator of the
establishment. A body art establishment may not reopen without the written approval of
the commissioner.

Sec. 6.

[146B.06] STANDARDS FOR HEALTH AND SAFETY.

Subdivision 1.

Establishment standards.

(a) Except as permitted under subdivision
1a, the body art establishment must meet the health and safety standards in this subdivision
before a licensed technician may conduct body art procedures at the establishment.

(b) There must be no less than 45 square feet of floor space for each procedure
area in the body art establishment.

(c) The procedure area must be separated from the bathroom, retail sales area, hair
salon area, or any other area that may cause potential contamination of work surfaces.

(d) For clients requesting privacy, at a minimum, a divider, curtain, or partition must
be provided to separate multiple procedure areas.

(e) All procedure surfaces must be smooth, nonabsorbent, and easily cleanable.

(f) The establishment must have a readily accessible hand sink that is not in a
restroom, does not require access through a door, and is equipped with:

(1) potable hot and cold running water under pressure;

(2) liquid hand soap;

(3) single-use paper towels; and

(4) a garbage can with a foot-operated lid or with no lid.

(g) The establishment must have at least one available bathroom equipped with a
toilet and a hand sink, which must be supplied with:

(1) potable hot and cold running water under pressure;

(2) liquid hand soap;

(3) single-use paper towels or a mechanical hand drier or blower;

(4) a garbage can with a foot-operated lid or with no lid;

(5) a self-closing door; and

(6) adequate ventilation.

(h) An artificial light source equivalent to 20-foot candles at three feet above the
floor.

(i) At least 100-foot candles of light must be provided at the level where body
art procedures are performed, where sterilization takes place, and where instruments
and sharps are assembled.

(j) All ceilings in the body art establishment must be in good condition.

(k) All walls and floors must be free of open holes or cracks and be washable.

(l) All facilities within the establishment must be maintained in a clean and sanitary
condition and in good working order.

(m) No animals shall be allowed in the procedure area, unless the animal is a
service animal.

Subd. 2.

Establishment exception.

(a) Any establishment that is operating as a
body art establishment on August 1, 2009, is exempt from any health and safety standard
required under subdivision 1 that would require remodeling in order to comply including,
but not limited to, adding a new procedure area, plumbing changes, or expanding existing
space. If the establishment proceeds with any remodeling plans after August 1, 2009, the
remodeling must meet all health and safety standards required under subdivision 1.

(b) An exemption from any of the standards in subdivision 1 must be approved by
the commissioner.

Subd. 3.

Standards for equipment, instruments, and supplies.

(a) Equipment,
instruments, and supplies must comply with the health and safety standards in this
subdivision before a licensed technician may conduct body art procedures.

(b) Jewelry used as part of a body piercing procedure must be made of surgical
implant-grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium,
titanium, or platinum, or a dense low-porosity plastic.

(c) Jewelry used as part of a body piercing procedure must be free of nicks,
scratches, or irregular surfaces and must be properly sterilized before use.

(d) Reusable instruments must be thoroughly washed to remove all organic matter,
rinsed, and sterilized before and after use.

(e) Needles must be single-use needles and sterilized before use.

(f) Sterilization must be conducted using steam heat or chemical vapor.

(g) Steam heat sterilization units must be operated according to the manufacturer's
specifications.

(h) At least once a month, but not to exceed 30 days between tests, a spore test must
be conducted on the sterilizer to ensure that it is working properly. If a positive spore test
result is received, the sterilizer may not be used until a negative result is obtained.

(i) All inks and other pigments used in a body art procedure must be specifically
manufactured for tattoo procedures. Approved inks and pigments may be diluted with
distilled water or alcohol.

(j) Immediately before applying a tattoo, the quantity of the ink needed must be
transferred from the ink bottle and placed into single-use paper or plastic cups immediately
before applying the tattoo. Upon completion of the tattoo, the single-use cups and their
contents must be discarded.

(k) All tables, chairs, furniture, or other procedure surfaces that may be exposed to
blood or body fluids during the tattooing or body piercing procedure must be cleanable
and must be sanitized after each client with a liquid chemical germicide.

(l) Single-use towels or wipes must be provided to the client. These towels must be
dispensed in a manner that precludes contamination and disposed of in a washable garbage
container with a foot-operated lid or with no lid and a liner.

(m) All bandages and surgical dressings used must be sterile or bulk-packaged
clean and stored in a clean, closed container.

(n) All equipment and instruments must be maintained in good working order and in
a clean and sanitary condition.

(o) All instruments and supplies must be stored clean and dry in covered containers.

(p) Single-use disposable barriers must be provided on all equipment that cannot be
sterilized as part of the procedure as required under this section including, but not limited
to, spray bottles, procedure light fixture handles, and tattoo machines.

Subd. 4.

Standards for body art procedures.

(a) Body art procedures must comply
with the health and safety standards in this subdivision.

(b) The skin area subject to a body art procedure must be thoroughly cleaned
with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only
single-use towels or wipes may be used to clean the skin.

(c) Whenever it is necessary to shave the skin, a new disposable razor must be
used for each client.

(d) No body art procedure may be performed on any area of the skin where there is
an evident infection, irritation, or open wound.

(e) Single-use gloves of adequate size and quality to preserve dexterity must be
used for touching clients, for handling sterile instruments, or for handling blood or body
fluids. Nonlatex gloves must be provided for use with clients or employees who request
them. Gloves must be changed if a glove becomes damaged or comes in contact with
any nonclean surface or objects or with a third person. At a minimum, gloves must be
discarded after the completion of a procedure on a client. Hands and wrists must be
washed before putting on a clean pair of gloves and after removing a pair of gloves.
Gloves may not be reused.

Subd. 5.

Standards for technicians.

(a) Technicians must comply with the health
and safety standards in this subdivision.

(b) Technicians must scrub their hands and wrists thoroughly for 20 seconds before
and after performing a body art procedure. Technicians must also wash hands after contact
with the client receiving the procedure or after contact with potentially contaminated
materials.

(c) Technicians must wear clean clothing and use a disposable barrier, such as an
apron, when performing body art procedures.

(d) A technician may not smoke, eat, or drink while performing body art procedures.

Subd. 6.

Contamination standards.

(a) Infectious waste and sharps must be
managed according to sections 116.76 to 116.83 and must be disposed of by an approved
infectious waste hauler at a site permitted to accept the waste, according to Minnesota
Rules, parts 7035.9100 to 7035.9150. Sharps ready for disposal must be disposed of
in an approved sharps container.

(b) Contaminated waste that may release liquid blood or body fluids when
compressed or that may release dried blood or body fluids when handled must be placed in
an approved red bag that is marked with the international biohazard symbol.

(c) Contaminated waste that does not release liquid blood or body fluids when
compressed or handled may be placed in a covered receptacle and disposed of through
normal approved disposal methods.

(d) Storage of contaminated waste onsite must not exceed the period specified by
Code of Federal Regulations, title 29, section 1910.1030.

Sec. 7.

[146B.07] PROFESSIONAL STANDARDS.

Subdivision 1.

Standard practice.

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

(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;

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

(3) a valid passport;

(4) a resident alien card; or

(5) a tribal identification card.

(b) No technician shall tattoo or pierce any individual under the age of 18 years
unless the individual provides a notarized parental consent or the individual's parent or
legal guardian is present. The consent must include both the custodial and noncustodial
parents, where applicable. Nipple and genital piercing or tattooing is prohibited on an
individual under the age of 18 years regardless of parental consent.

(c) Before performing any body art procedure, the technician must provide the client
with a disclosure and authorization form that indicates whether the client has:

(1) diabetes;

(2) a history of hemophilia;

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

(4) a history of epilepsy, seizures, fainting, or narcolepsy;

(5) any condition that requires the client to take medications such as anticoagulants
that thin the blood or interfere with blood clotting; or

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

The technician shall ask the client to sign and date the disclosure and authorization form
confirming that the information listed on the form was provided.

(d) No technician shall perform body art procedures on any individual who appears
to be under the influence of alcohol, controlled substances as defined in section 152.01,
subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.

(e) No technician shall perform body art procedures while under the influence of
alcohol, controlled substances as defined under section 152.01, subdivision 4, or hazardous
substances as defined in the rules adopted under chapter 182.

(f) No technician shall administer anesthetic injections or other medications.

Subd. 2.

Informed consent.

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

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

(2) that a piercing may leave scarring.

Subd. 3.

Client record maintenance.

For each client, the body art establishment
operator shall maintain proper records of each procedure. 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:

(1) the date of the procedure;

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

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

(4) a description of the body art procedure performed;

(5) the name and license number of the technician performing the procedure;

(6) a copy of the consent form required under subdivision 2; and

(7) if the client is under the age of 18 years, a copy of the consent form signed by the
parents as required under subdivision 1.

Subd. 4.

Aftercare.

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

Subd. 5.

State, county, and municipal public health regulations.

An operator
and technician shall comply with all applicable state, county, and municipal requirements
regarding public health.

Subd. 6.

Notification.

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

Sec. 8.

[146B.08] INVESTIGATION PROCESS AND GROUNDS FOR
DISCIPLINARY ACTION.

Subdivision 1.

Investigations of complaints.

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 this chapter or the
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 this chapter, the commissioner shall follow the procedures
in section 214.10.

Subd. 2.

Rights of applicants and licensees.

The rights of an applicant denied
licensure are stated in section 146B.03, subdivision 5. A licensee may not be subjected to
disciplinary action under this section without first having an opportunity for a contested
case hearing under chapter 14.

Subd. 3.

Grounds for disciplinary action by commissioner.

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:

(1) intentionally submitted false or misleading information to the commissioner;

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

(3) violated any provision of this chapter;

(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;

(5) aided or abetted another person in violating any provision of this chapter;

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

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

(8) advertised in a manner that is false or misleading;

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

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

(11) obtained money, property, or services from a client through harassment, duress,
deception, or fraud; or

(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.

Subd. 4.

Disciplinary actions.

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:

(1) refuse to grant or renew licensure;

(2) suspend licensure for a period not exceeding one year;

(3) revoke licensure;

(4) take any reasonable lesser action against an individual upon proof that the
individual has violated this chapter ; or

(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.

Subd. 5.

Consequences of disciplinary actions.

Upon the suspension or revocation
of licensure, the technician or establishment shall cease to:

(1) perform body art procedures;

(2) use titles protected under this chapter; and

(3) represent to the public that the technician or establishment is licensed by the
commissioner.

Subd. 6.

Reinstatement requirements after disciplinary action.

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.03 for renewing licensure must be met before licensure
may be reinstated.

Sec. 9.

[146B.09] COUNTY OR MUNICIPAL REGULATION.

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

Sec. 10.

[146B.10] FEES.

Subdivision 1.

Annual licensing fees.

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

(b) The fee for the establishment licensure is $.......

(c) The fee for a temporary body art establishment permit renewal is $.......

Subd. 2.

Penalty for late renewals.

The penalty fee for late submission for renewal
applications is $.......

Subd. 3.

Deposit.

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

Sec. 11. EFFECTIVE DATE.

Sections 1 to 10 are effective August 1, 2009.