Minnesota Legislature
HF 1582
as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2015 01:56pm
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A bill for an act
relating to health; modifying licensing requirements for body piercing
technicians; amending Minnesota Statutes 2014, sections 146B.01, subdivisions
6, 28, by adding a subdivision; 146B.03, subdivisions 4, 6, by adding
subdivisions; 146B.07, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 146B.01, subdivision 6, is amended to read:
Subd. 6.
Body piercing.
"Body piercing" means the penetration or puncturing of the
skin by any methodnew text begin , including microdermal piercing,new text end for the purpose of inserting jewelry
or other objects in or through the body. new text begin The term "new text end body piercingnew text begin "new text end also includes deleted text begin branding,
scarification, suspension, subdermal implantation, microdermal, and tongue bifurcation.deleted text end new text begin :
new text end
new text begin
(1) basic body piercing, which means body piercing that does not include advanced
body piercing, complex body piercing, or prohibited body piercing;
new text end
new text begin
(2) advanced body piercing, which means body piercing of the female and male
genitalia that are not prohibited body piercing; and
new text end
new text begin
(3) complex body piercing, which means body piercing that is branding,
scarification, suspension, subdermal implantation, and tongue bifurcation.
new text end
Body piercing does not include the piercing of the outer perimeter or the lobe of the ear
using a presterilized single-use stud-and-clasp ear-piercing system.
Sec. 2.
Minnesota Statutes 2014, section 146B.01, is amended by adding a subdivision
to read:
new text begin Subd. 21a. new text end
new text begin Prohibited body piercing. new text end
new text begin
"Prohibited body piercing" means any
of the piercings commonly known as horizontal tongue piercing, gum piercing, eyelid
piercing, and Princess Albertina piercing.
new text end
Sec. 3.
Minnesota Statutes 2014, section 146B.01, subdivision 28, is amended to read:
Subd. 28.
Supervision.
"Supervision" means the physical presence of a technician
licensed under this chapter while a body art procedure is being performeddeleted text begin .deleted text end new text begin and includes:
new text end
new text begin
(1) direct supervision, which means the constant physical presence of a technician
licensed under this chapter within five feet of the temporary technician who is performing
a body art procedure; and
new text end
new text begin
(2) indirect supervision, which means the constant physical presence of a technician
licensed under this chapter in the establishment while a body art procedure is being
performed by a temporary technician.
new text end
Sec. 4.
Minnesota Statutes 2014, section 146B.03, subdivision 4, is amended to read:
Subd. 4.
Licensure requirements.
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) the type of license the applicant is applying for;
(3) all fees required under section 146B.10;
(4) deleted text begin proof of completing a minimum of 200 hours of supervised experience within
each area for which the applicant is seeking a license, and must include an affidavit from
the supervising licensed techniciandeleted text end new text begin a log showing completion of the supervised experience
as specified in subdivision 12new text end ;
(5) new text begin a signed affidavit from each licensed technician who the applicant listed as
providing supervision for each required activity;
new text end
new text begin (6) new text end proof of having satisfactorily completed new text begin a minimum of five hours of new text end coursework
within the year preceding application and 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, but are not
limited to, 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
deleted text begin (6)deleted text end new text begin (7)new text end any other relevant information requested by the commissioner.
Sec. 5.
Minnesota Statutes 2014, section 146B.03, subdivision 6, is amended to read:
Subd. 6.
Licensure term; renewal.
(a) A technician's license is valid for two
years from the date of issuance and may be renewed upon payment of the renewal fee
established under section 146B.10.
(b) At renewal, a licensee must submit proof of continuing education approved by
the commissioner in the areas identified in subdivision 4, clause deleted text begin (5)deleted text end new text begin (6)new text end .
new text begin
(c) The commissioner shall notify the technician of the pending expiration of a
technician license at least 90 days prior to license expiration.
new text end
Sec. 6.
Minnesota Statutes 2014, section 146B.03, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Required supervised experience. new text end
new text begin
An applicant for a body art technician
license shall complete the following minimum supervised experience for licensure:
new text end
new text begin
(1) an applicant for a tattoo technician license or a dual body art technician license
must complete a minimum of 200 hours of tattoo experience under supervision;
new text end
new text begin
(2) an applicant for a body piercing technician license or a dual body art technician
license must complete the following supervised experience requirements:
new text end
new text begin
(i) for basic body piercing, the applicant must perform 250 body piercings under
direct supervision and 250 body piercings under indirect supervision;
new text end
new text begin
(ii) for advanced body piercing, the applicant must have met the supervised
experience requirements for basic body piercing and perform at least five body piercings
of female genitalia and at least five body piercings of male genitalia under direct
supervision; or
new text end
new text begin
(iii) for complex body piercing, the applicant must have met the supervised
experience requirements for basic and advanced body piercing and perform any
combination of at least ten complex body piercings under direct supervision; and
new text end
new text begin
(3) the required advanced body piercings and complex body piercings may be
performed as part of the piercings required under clause (2), item (i).
new text end
Sec. 7.
Minnesota Statutes 2014, section 146B.03, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Transition period for body piercing requirements. new text end
new text begin
(a) The licensure
requirements under subdivision 4 shall be effective for all applicants for new licenses
issued after January 1, 2016.
new text end
new text begin
(b) For license renewals after January 1, 2016, in addition to the renewal
requirements of this chapter, applicants for renewal of a body piercing technician license
must transition their license as follows:
new text end
new text begin
(1) individuals holding a valid body piercing technician license may receive a body
piercing technician license that indicates the technician meets the basic body piercing
licensing requirements;
new text end
new text begin
(2) individuals holding a valid body piercing technician license may receive a body
piercing technician license that indicates the technician meets the advanced body piercing
technician licensing requirements upon showing the technician has performed at least five
body piercings of female genitalia and five body piercings of male genitalia while licensed
as a body piercing technician under this chapter; or
new text end
new text begin
(3) individuals holding a valid body piercing technician license may receive a body
piercing technician license that indicates the technician meets the complex body piercing
technician licensing requirements upon showing the individual meets the requirements
in clause (2) and has performed any combination of at least ten complex body piercings
while licensed as a body piercing technician under this chapter.
new text end
Sec. 8.
Minnesota Statutes 2014, section 146B.07, subdivision 1, is amended to read:
Subdivision 1.
Proof of age.
(a) A technician shall require proof of agenew text begin from clients
who state they are 18 years of age or oldernew text end 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) 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.
(c) The form must include a statement informing the client that the technician shall
not perform a body art procedure if the client fails to complete or sign the disclosure and
authorization form, and the technician may decline to perform a body art procedure if the
client has any identified health conditions.
(d) The technician shall ask the client to sign and date the disclosure and
authorization form confirming that the information listed on the form is accurate.
(e) Before performing any body art procedure, the technician shall offer and make
available to the client personal draping, as appropriate.
Sec. 9.
Minnesota Statutes 2014, section 146B.07, subdivision 2, is amended to read:
Subd. 2.
Parent or legal guardian consent; prohibitions.
(a) A technician may
perform body piercings on an individual under the age of 18 deleted text begin ifdeleted text end new text begin when:
new text end
new text begin (1) new text end the individual's parent or legal guardian is present deleted text begin anddeleted text end new text begin ;
new text end
new text begin
(2) the parent or legal guardian provides personal identification as provided in
subdivision 1, paragraph (a), clauses (1) to (5);
new text end
new text begin
(3) the individual under age 18 provides proof of identification and age as provided
in subdivision 1, paragraph (a), clauses (1) to (5), by a current student identification, or by
another method that includes a photograph and the name of the individual;
new text end
new text begin
(4) the parent or legal guardian provides other documentation to reasonably establish
that the individual is the parent or the legal guardian of the individual under age 18 who is
seeking a body piercing;
new text end
new text begin (5) new text end a consent form and the authorization form under subdivision 1, paragraph (b) is
signed by the parent or legal guardian in the presence of the techniciandeleted text begin ,deleted text end new text begin ;new text end and
new text begin (6)new text end the piercing is not prohibited under paragraph (c).
(b) No technician shall tattoo any individual under the age of 18 regardless of
parental or guardian consent.
(c) No nipple deleted text begin or genital piercing, branding, scarification, suspension, subdermal
implantation, microdermal, or tongue bifurcationdeleted text end new text begin piercing, advanced body piercings, or
complex body piercings new text end shall be performed by any technician on any individual under
the age of 18 regardless of parental or guardian consent.
(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.