SF 2968

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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.

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 Aftercare. new text end

new text begin "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.
new text end

new text begin Subd. 3. new text end

new text begin Antiseptic. new text end

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

new text begin Subd. 4. new text end

new text begin Apprentice. new text end

new text begin "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.
new text end

new text begin Subd. 5. new text end

new text begin Body art. new text end

new text begin "Body art" means physical body adornment using, but not
limited to, the following techniques: body piercing, tattooing, 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.
new text end

new text begin Subd. 6. 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, whether or not for profit, is performed.
new text end

new text begin Subd. 7. new text end

new text begin Body piercing. new text end

new text begin "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.
new text end

new text begin Subd. 8. 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. 9. new text end

new text begin Contaminated waste. new text end

new text begin "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."
new text end

new text begin Subd. 10. 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. 11. new text end

new text begin Disinfection. new text end

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

new text begin Subd. 12. 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. 13. new text end

new text begin Establishment plan. new text end

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

new text begin Subd. 14. new text end

new text begin Guest artist. new text end

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

new text begin Subd. 15. new text end

new text begin Hand sink. new text end

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

new text begin Subd. 16. new text end

new text begin Hot water. new text end

new text begin "Hot water" means water at a temperature of at least 110
degrees Fahrenheit.
new text end

new text begin Subd. 17. 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. 18. new text end

new text begin Liquid chemical germicide. new text end

new text begin "Liquid chemical germicide" means a
disinfectant or sanitizer registered with the Environmental Protection Agency.
new text end

new text begin Subd. 19. new text end

new text begin Operator. new text end

new text begin "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.
new text end

new text begin Subd. 20. new text end

new text begin Procedure area. new text end

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

new text begin Subd. 21. new text end

new text begin Procedure surface. new text end

new text begin "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.
new text end

new text begin Subd. 22. new text end

new text begin Sanitization. new text end

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

new text begin Subd. 23. new text end

new text begin Safe level. new text end

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

new text begin Subd. 24. new text end

new text begin Sharps. new text end

new text begin "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.
new text end

new text begin Subd. 25. new text end

new text begin Sharps container. new text end

new text begin "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.
new text end

new text begin Subd. 26. new text end

new text begin Single use. new text end

new text begin "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.
new text end

new text begin Subd. 27. new text end

new text begin Standard precautions or universal precautions. new text end

new text begin "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.
new text end

new text begin Subd. 28. new text end

new text begin Sterilization. new text end

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

new text begin Subd. 29. new text end

new text begin Tattooing. new text end

new text begin "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.
new text end

new text begin Subd. 30. new text end

new text begin Technician. new text end

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

new text begin Subd. 31. new text end

new text begin Temporary body art establishment. new text end

new text begin "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.
new text end

Sec. 2.

new text begin [146B.02] ESTABLISHMENT LICENSE PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin (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:
new text end

new text begin (1) the name of the owner and operator of the establishment;
new text end

new text begin (2) certificates of compliance with all applicable local and state codes;
new text end

new text begin (3) a description of the general nature of the business;
new text end

new text begin (4) a copy of an establishment plan that provides sufficient detail to ensure
compliance with the requirements of this chapter; and
new text end

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Inspection. new text end

new text begin (a) Before issuing 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.
new text end

new text begin (b) 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.
new text end

new text begin Subd. 4. new text end

new text begin Location restricted. new text end

new text begin No person may perform body art procedures at
any location other than a licensed body art establishment except as permitted under
subdivision 6.
new text end

new text begin Subd. 5. new text end

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

new text begin 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.
new text end

new text begin Subd. 6. new text end

new text begin Temporary events permit. new text end

new text begin (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.
new text end

new text begin (b) The temporary events permit must be prominently displayed at the location.
new text end

new text begin (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.
new text end

new text begin Subd. 7. 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 upon request by the commissioner:
new text end

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

new text begin (3) copies of the spore tests conducted in the sterilizer; and
new text end

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

new text begin (i) name;
new text end

new text begin (ii) address;
new text end

new text begin (iii) telephone number;
new text end

new text begin (iv) date of birth;
new text end

new text begin (v) copy of an identification photo;
new text end

new text begin (vi) duties performed; and
new text end

new text begin (vii) license number or apprenticeship or guest artist registration number.
new text end

Sec. 3.

new text begin [146B.03] 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
individual may perform body art procedures unless the individual 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 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.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) The following individuals 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 154; or
new text end

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

new text begin (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.
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 on a form provided by 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) all fees required under section 146B.10;
new text end

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

new text begin (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:
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 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.
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 payment of the renewal fee.
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 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.
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 individual. A valid license must be located at the site and
available to the public upon request.
new text end

Sec. 4.

new text begin [146B.04] APPRENTICESHIP AND GUEST ARTISTS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin 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:
new text end

new text begin (1) the name of the apprentice or guest artist;
new text end

new text begin (2) the name of the licensed technician supervising the apprenticeship or sponsoring
the guest artist; and
new text end

new text begin (3) the starting and anticipated completion dates of the apprenticeship or the dates
the guest artist will be working.
new text end

new text begin Subd. 2. new text end

new text begin Supervision. new text end

new text begin 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
conducting body art procedures.
new text end

new text begin Subd. 3. new text end

new text begin Guest artists. new text end

new text begin 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.
new text end

Sec. 5.

new text begin [146B.05] GROUNDS FOR EMERGENCY CLOSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin 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:
new text end

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

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

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

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

new text begin (5) evidence of an infestation of rodents or other vermin;
new text end

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

new text begin (7) evidence of existence of a public health nuisance;
new text end

new text begin (8) use of instruments or jewelry that are not sterile;
new text end

new text begin (9) failure to maintain required records;
new text end

new text begin (10) failure to use gloves as required;
new text end

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

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

new text begin (13) evidence of a positive spore test on the sterilizer.
new text end

new text begin Subd. 2. new text end

new text begin Reopening requirements. new text end

new text begin 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.
new text end

Sec. 6.

new text begin [146B.06] STANDARDS FOR HEALTH AND SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment standards. new text end

new text begin 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.
new text end

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

new text begin (b) 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.
new text end

new text begin (c) For clients requesting privacy, at a minimum, a divider, curtain, or partition must
be provided to separate multiple procedure areas.
new text end

new text begin (d) All procedure surfaces must be smooth, nonabsorbent, and easily cleanable.
new text end

new text begin (e) the establishment must have a readily accessible hand sink that is not in a public
restroom and is equipped with:
new text end

new text begin (1) potable hot and cold running water under pressure;
new text end

new text begin (2) liquid hand soap;
new text end

new text begin (3) single-use paper towels; and
new text end

new text begin (4) a garbage can with a hands-free lid.
new text end

new text begin (f) The establishment must have at least one available bathroom equipped with a
toilet and a hand lavatory, which must be supplied with:
new text end

new text begin (1) potable hot and cold running water under pressure;
new text end

new text begin (2) liquid hand soap;
new text end

new text begin (3) single-use paper towels or a mechanical hand drier or blower;
new text end

new text begin (4) a garbage can with a hands-free lid;
new text end

new text begin (5) a self-closing door; and
new text end

new text begin (6) adequate ventilation.
new text end

new text begin (g) An artificial light source equivalent to 20-foot candles at three feet above the
floor.
new text end

new text begin (h) 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.
new text end

new text begin (i) All ceilings in the body art establishment must be in good condition.
new text end

new text begin (j) All walls and floors must be free of open holes or cracks and be washable.
new text end

new text begin (k) All facilities within the establishment must be maintained in a clean and sanitary
condition and in good working order.
new text end

new text begin Subd. 2. new text end

new text begin Standards for equipment, instruments, and supplies. new text end

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

new text begin (a) 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.
new text end

new text begin (b) 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.
new text end

new text begin (c) Reusable instruments must be thoroughly washed to remove all organic matter,
rinsed, and sterilized before and after use.
new text end

new text begin (d) Needles must be single-use needles and sterilized before use.
new text end

new text begin (e) Sterilization must be conducted using steam heat or chemical vapor.
new text end

new text begin (f) Steam heat sterilization units must be operated according to the manufacturer's
specifications.
new text end

new text begin (g) 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.
new text end

new text begin (h) 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.
new text end

new text begin (i) 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.
new text end

new text begin (j) 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 sanitized
after each client with a liquid chemical germicide.
new text end

new text begin (k) 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 hands-free lid and a liner.
new text end

new text begin (l) All bandages and surgical dressings used must be sterile or bulk-packaged clean
and stored in a clean, closed container.
new text end

new text begin (m) All equipment and instruments must be maintained in good working order and
in a clean and sanitary condition.
new text end

new text begin (n) All instruments and supplies must be stored clean and dry in covered containers.
new text end

new text begin (o) 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.
new text end

new text begin Subd. 3. new text end

new text begin Standards for body art procedures. new text end

new text begin Body art procedures must comply
with the health and safety standards in this subdivision.
new text end

new text begin (a) 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.
new text end

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

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

new text begin (d) 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.
new text end

new text begin Subd. 4. new text end

new text begin Standards for technicians. new text end

new text begin Technicians must comply with the health
and safety standards in this subdivision.
new text end

new text begin (a) Each technician must scrub his or her hands and wrists thoroughly for 20 seconds
before and after performing a body art procedure. Each technician must also wash his
or her hands after contact with the client receiving the procedure or after contact with
potentially contaminated materials.
new text end

new text begin (b) Each technician must wear clean clothing and use a disposable barrier, such as an
apron, when performing body art procedures.
new text end

new text begin (c) A technician may not smoke, eat, or drink while performing body art procedures.
new text end

new text begin Subd. 5. new text end

new text begin Contamination standards. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

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

Sec. 7.

new text begin [146B.07] PROFESSIONAL STANDARDS.
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 must 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;
new text end

new text begin (4) a resident alien card; or
new text end

new text begin (5) a tribal identification 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 written parental consent. 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.
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 interfere 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 shall ask the client to sign and date the release form confirming that the
information listed on the form was provided.
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, controlled substances as defined in section 152.01,
subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.
new text end

new text begin (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.
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
shall 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 considered 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 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:
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 license number of the technician performing the procedure;
new text end

new text begin (6) a copy of the consent form required under subdivision 2; and
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Aftercare. new text end

new text begin 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.
new text end

new text begin Subd. 5. new text end

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

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

new text begin Subd. 6. new text end

new text begin Notification. new text end

new text begin 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.
new text end

Sec. 8.

new text begin [146B.08] INVESTIGATION PROCESS AND GROUNDS FOR
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 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.
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 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.
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 information in response to a written request,
via certified mail, by the commissioner;
new text end

new text begin (3) violated any provision of this chapter;
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 provision 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 are 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 client 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 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 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:
new text end

new text begin (1) perform body art procedures;
new text end

new text begin (2) use titles protected under this chapter; and
new text end

new text begin (3) 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.03 for renewing licensure must be met before licensure
may be reinstated.
new text end

Sec. 9.

new text begin [146B.09] 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. 10.

new text begin [146B.10] 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 establishment licensure is $.......
new text end

new text begin (c) The fee for a temporary body art establishment permit 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