House Introduced Bill 4468

HOUSE BILL No. 4468

March 15, 2001, Introduced by Reps. Hale, Lemmons, Clark, Garza, Bogardus, Neumann, Rivet, Zelenko, Jacobs, Hardman,
Stallworth, Thomas and McConico and referred to the Committee on Commerce.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 13101 and 13102 (MCL 333.13101 and

333.13102), as added by 1996 PA 223, and by adding sections

13104, 13105, 13106, 13107, 13108, 13109, and 13110.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 13101. As used in this part:

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(A) "ALCOHOLIC LIQUOR" MEANS THAT TERM AS DEFINED IN

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SECTION 105 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998

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PA 58, MCL 436.1105.

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(B) (a) "Body-piercing" means the perforation of human

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tissue other than an ear for a nonmedical purpose.

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(C) (b) "Branding" means a permanent mark made on human

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tissue by burning with a hot iron or other instrument.

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(D) "COMMUNICABLE DISEASE" MEANS THAT TERM AS DEFINED IN

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SECTION 5101.

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(E) (c) "Controlled substance" means that term as defined

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in section 7104.

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(F) "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER AND INDUS-

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TRY SERVICES.

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(G) (d) "Minor" means an individual under 18 years of age

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who is not emancipated under section 4 of Act No. 293 of the

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Public Acts of 1968, being section 722.4 of the Michigan Compiled

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Laws 1968 PA 293, MCL 722.4.

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(H) "SMOKING" MEANS THAT TERM AS DEFINED IN SECTION 12601.

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(I) (e) "Tattoo" means 1 or more of the following:

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(i) An indelible mark made upon the body of another individ-

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ual by the insertion of a pigment under the skin.

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(ii) An indelible design made upon the body of another indi-

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vidual by production of scars other than by branding.

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(J) "TATTOO FACILITY" MEANS THE GEOGRAPHIC LOCATION AT WHICH

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AN INDIVIDUAL DOES 1 OR MORE OF THE FOLLOWING FOR COMPENSATION:

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(i) PERFORMS TATTOOING.

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(ii) PERFORMS BRANDING.

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(iii) PERFORMS BODY-PIERCING.

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Sec. 13102. (1) An SUBJECT TO SECTION 13104, AN individ-

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ual shall not tattoo, brand, or perform body-piercing on a minor

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unless the individual obtains the prior written informed consent

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of the minor's parent or legal guardian. The minor's parent or

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legal guardian shall execute the written, informed consent

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required under this subsection in the presence of the individual

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performing the tattooing, branding, or body-piercing on the minor

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or in the presence of an employee or agent of that individual.

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For purposes of this section, "minor" does not include a minor

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who is emancipated pursuant to section 4 of Act No. 293 of the

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Public Acts of 1968, being section 722.4 of the Michigan Compiled

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Laws.

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(2) An individual shall not tattoo, brand, or perform

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body-piercing on another individual if the other individual is

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under the influence of intoxicating ALCOHOLIC liquor or a con-

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trolled substance.

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SEC. 13104. (1) AFTER THE EFFECTIVE DATE OF THE RULES

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PROMULGATED UNDER SECTION 13108, AN INDIVIDUAL SHALL NOT TATTOO,

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BRAND, OR PERFORM BODY-PIERCING ON ANOTHER INDIVIDUAL UNLESS THE

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TATTOOING, BRANDING, OR BODY-PIERCING OCCURS AT A TATTOO FACILITY

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LICENSED UNDER THIS PART.

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(2) THE OWNER OR OPERATOR OF A TATTOO FACILITY MAY APPLY TO

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THE DEPARTMENT FOR A TATTOO FACILITY LICENSE UNDER THIS PART ON A

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FORM PROVIDED BY THE DEPARTMENT, AND AT THE TIME OF APPLICATION

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SHALL PAY TO THE DEPARTMENT THE APPROPRIATE FEE PRESCRIBED UNDER

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SUBSECTION (3). IF THE DEPARTMENT DETERMINES THAT THE APPLICA-

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TION IS COMPLETE AND THE TATTOO FACILITY PROPOSED OR OPERATED BY

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THE APPLICANT MEETS THE REQUIREMENTS OF THIS PART AND THE RULES

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PROMULGATED UNDER THIS PART, THE DEPARTMENT SHALL ISSUE A LICENSE

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TO THE APPLICANT FOR THE OPERATION OF THAT TATTOO FACILITY. THE

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LICENSE IS EFFECTIVE FOR 1 YEAR OR FOR A TIME PERIOD PRESCRIBED

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BY RULE OF THE DEPARTMENT.

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(3) SUBJECT TO SECTION 13108, THE OWNER OR OPERATOR OF A

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TATTOO FACILITY SHALL PAY 1 OF THE FOLLOWING FEES AT THE TIME OF

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APPLICATION FOR A TATTOO FACILITY LICENSE:

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(A) FOR AN INITIAL ANNUAL LICENSE...................$250.00.

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(B) FOR A 1-YEAR, OR OTHER PERIOD OF TIME PRESCRIBED

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BY RULE PROMULGATED BY THE DEPARTMENT UNDER

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SECTION 13108, RENEWAL OF AN ANNUAL LICENSE..............$200.00.

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(C) FOR A TEMPORARY LICENSE TO OPERATE A TATTOO

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FACILITY AT A FIXED LOCATION FOR NOT MORE THAN A 2-WEEK

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PERIOD...................................................$ 50.00.

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SEC. 13105. (1) BEFORE ISSUING A LICENSE TO AN APPLICANT

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UNDER THIS PART, THE DEPARTMENT SHALL INSPECT THE PREMISES OF THE

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TATTOO FACILITY THAT IS THE SUBJECT OF THE APPLICATION.

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(2) THE DEPARTMENT SHALL PERIODICALLY INSPECT EACH TATTOO

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FACILITY LICENSED UNDER THIS PART TO ENSURE COMPLIANCE WITH THIS

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PART. THE DEPARTMENT MAY AUTHORIZE A LOCAL HEALTH DEPARTMENT

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UNDER SECTION 2235 TO PERFORM THE INSPECTIONS REQUIRED UNDER THIS

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SUBSECTION.

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(3) THE DEPARTMENT SHALL ISSUE A LICENSE UNDER THIS PART TO

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A SPECIFIC PERSON FOR A TATTOO FACILITY AT A SPECIFIC LOCATION.

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A LICENSE ISSUED UNDER THIS PART IS NONTRANSFERABLE.

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SEC. 13106. THE OWNER OR OPERATOR OF A TATTOO FACILITY

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LICENSED UNDER THIS PART SHALL APPLY TO THE DEPARTMENT FOR

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RENEWAL OF THE LICENSE NOT LESS THAN 30 DAYS BEFORE THE LICENSE

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EXPIRES. UPON PAYMENT OF THE RENEWAL FEE PRESCRIBED BY SECTION

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13104(3), THE DEPARTMENT SHALL RENEW THE LICENSE IF THE APPLICANT

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IS IN COMPLIANCE WITH THIS PART AND RULES PROMULGATED UNDER THIS

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PART.

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SEC. 13107. A PERSON WHO OWNS OR OPERATES A TATTOO FACILITY

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LICENSED UNDER THIS PART SHALL DO EACH OF THE FOLLOWING:

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(A) DISPLAY THE LICENSE ISSUED UNDER THIS PART IN A CONSPIC-

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UOUS PLACE WITHIN THE CUSTOMER SERVICE AREA OF THE TATTOO

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FACILITY.

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(B) ENSURE THAT THE TATTOO FACILITY IS IN COMPLIANCE WITH

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PART 138 AND WITH RULES PROMULGATED UNDER THAT PART.

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(C) ENSURE THAT AN INDIVIDUAL ENGAGED IN TATTOOING IN THE

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TATTOO FACILITY WEARS DISPOSABLE GLOVES APPROVED BY THE DEPART-

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MENT WHEN TATTOOING OR CLEANING TATTOOING INSTRUMENTS AND WHEN

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PERFORMING BRANDING OR BODY-PIERCING OR CLEANING BRANDING OR

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BODY-PIERCING INSTRUMENTS.

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(D) MAINTAIN A PERMANENT RECORD OF EACH INDIVIDUAL WHO HAS

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BEEN TATTOOED OR BRANDED OR WHO HAS HAD BODY-PIERCING PERFORMED

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AT THE TATTOO FACILITY, AND MAKE THE RECORDS AVAILABLE FOR

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INSPECTION BY THE DEPARTMENT OR A LOCAL HEALTH DEPARTMENT. THE

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RECORD SHALL INCLUDE, AT A MINIMUM, THE INDIVIDUAL'S NAME,

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ADDRESS, AGE, AND SIGNATURE, THE DATE, THE DESIGN AND LOCATION OF

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THE TATTOOING, BRANDING, OR BODY-PIERCING, AND THE NAME OF THE

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INDIVIDUAL PERFORMING THE TATTOOING, BRANDING, OR BODY-PIERCING.

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(E) PROHIBIT SMOKING WITHIN THE TATTOO FACILITY.

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(F) COMPLY WITH SECTION 13102(2).

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(G) PROVIDE EACH CUSTOMER WITH A WRITTEN INFORMATION SHEET

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DISTRIBUTED OR APPROVED BY THE DEPARTMENT THAT PROVIDES

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INSTRUCTIONS ON THE CARE OF A TATTOO SITE, BRAND SITE, OR

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BODY-PIERCING SITE, AND THAT INCLUDES A RECOMMENDATION THAT AN

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INDIVIDUAL SEEK MEDICAL ATTENTION IF THE TATTOO SITE, BRAND SITE,

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OR BODY-PIERCING SITE BECOMES INFECTED OR PAINFUL, OR IF THE

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PERSON DEVELOPS A FEVER SOON AFTER BEING TATTOOED, BRANDED, OR

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HAVING BODY-PIERCING PERFORMED.

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(H) WITHIN 24 HOURS OF BECOMING AWARE THAT AN INDIVIDUAL

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TATTOOED, BRANDED, OR BODY-PIERCED AT THE TATTOO FACILITY IS

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INFECTED WITH A COMMUNICABLE DISEASE, NOTIFY THE DEPARTMENT.

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SEC. 13108. (1) THE DEPARTMENT SHALL DO EACH OF THE

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FOLLOWING:

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(A) ENFORCE THIS PART AND THE RULES PROMULGATED UNDER THIS

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PART.

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(B) PROMULGATE RULES NECESSARY TO IMPLEMENT THIS PART,

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INCLUDING, BUT NOT LIMITED TO, RULES GOVERNING EACH OF THE

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FOLLOWING:

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(i) TATTOO FACILITY DESIGN AND CONSTRUCTION.

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(ii) TATTOO, BRANDING, AND BODY-PIERCING EQUIPMENT STAN-

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DARDS, INCLUDING, BUT NOT LIMITED TO, CLEANING AND STERILIZATION

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REQUIREMENTS.

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(iii) TATTOO DYE STANDARDS.

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(iv) INSPECTION OF TATTOO FACILITIES.

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(v) TATTOO FACILITY LICENSE RENEWAL.

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(C) DEVELOP AND DISTRIBUTE THE INFORMATION SHEET DESCRIBED

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IN SECTION 13107(G), OR APPROVE INFORMATION SHEETS DEVELOPED BY

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ANOTHER ENTITY.

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(2) THE DEPARTMENT MAY DO EACH OF THE FOLLOWING:

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(A) APPOINT AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT

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IN RULE DEVELOPMENT UNDER THIS PART.

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(B) AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, SUSPEND,

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REVOKE, OR DENY A LICENSE OR LICENSE RENEWAL UNDER THIS PART FOR

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A VIOLATION OF THIS PART OR A RULE PROMULGATED UNDER THIS PART.

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(3) IN ADDITION TO ANY OTHER ENFORCEMENT ACTION AUTHORIZED

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BY LAW, A PERSON ALLEGING A VIOLATION OF THIS PART MAY BRING A

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CIVIL ACTION FOR APPROPRIATE INJUNCTIVE RELIEF.

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SEC. 13109. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 13103

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AND 13110, A PERSON WHO VIOLATES THIS PART OR A RULE PROMULGATED

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UNDER THIS PART IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRIS-

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ONMENT FOR NOT MORE THAN 90 DAYS, OR A FINE OF NOT MORE THAN

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$100.00, OR BOTH, FOR EACH VIOLATION.

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SEC. 13110. A PERSON SHALL NOT GIVE OR SELL TO A MINOR A

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BODY-PIERCING KIT OR OTHER BODY-PIERCING DEVICE. A PERSON WHO

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VIOLATES THIS SECTION IS RESPONSIBLE FOR A STATE CIVIL INFRAC-

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TION, AND IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $500.00.

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THIS SECTION SHALL BE ENFORCED PURSUANT TO CHAPTER 88 OF THE

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REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.8801 TO

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600.8835.

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