SB-0593, As Passed House, November 28, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 593

      A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending the heading of part 131 and 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, 13110,

and 13111.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1          PART 131. TATTOO PARLORS BODY ART FACILITIES

 2        Sec. 13101. (1) As used in this part:

 3  (a) "Alcoholic liquor" means that term as defined in section

 4  105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 5  436.1105.

 6        (b) "Body art facility" means the location at which an

 1  individual does 1 or more of the following for compensation:

 2        (i) Performs tattooing.

 3        (ii) Performs branding.

 4        (iii) Performs body-piercing.

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

 6  tissue other than an ear for a nonmedical purpose.

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

 8  tissue by burning with a hot iron or other instrument.

 9  (e) (c) "Controlled substance" means that term as defined in

10  section 7104.

11  (f) "Department" means the department of community health.

12        (g) "Local governing entity" means that term as defined in

13  section 2406.

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

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

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

17  Laws 1968 PA 293, MCL 722.4.

18  (i) "Smoking" means that term as defined in section 12601.

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

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

21  individual by the insertion of a pigment under the skin.

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

23  individual by production of scars other than by branding.

24        (2) In addition, article 1 contains general definitions and

25  principles of construction applicable to all articles in this

26  code.

27        Sec. 13102. (1) An Subject to section 13104, an individual

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

 2  unless the individual obtains the prior written informed consent

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

 4  legal guardian shall execute the written, informed consent

 5  required under this subsection in the presence of the individual

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

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

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

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

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

11  Laws.

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

13  piercing on another individual if the other individual is under

14  the influence of intoxicating alcoholic liquor or a controlled

15  substance.

16  Sec. 13104. (1) Beginning January 1, 2009, an individual

17  shall not tattoo, brand, or perform body-piercing on another

18  individual unless the tattooing, branding, or body-piercing

19  occurs at a body art facility licensed under this part.

20        (2) The owner or operator of a body art facility shall apply

21  to the department for a body art facility license under this part

22  on a form provided by the department and at the time of

23  application shall pay to the department the appropriate fee

24  prescribed under subsection (3). If the department determines

25  that the application is complete and the body art facility

26  proposed or operated by the applicant meets the requirements of

27  this part and any rules promulgated under this part, the

 1  department shall issue a license to the applicant for the

 2  operation of that body art facility. Except for a temporary

 3  license issued under this part, the license is effective for 3

 4  years.

 5        (3) Subject to section 13108, the owner or operator of a

 6  body art facility shall pay 1 of the following fees at the time

 7  of application for a body art facility license:

8       (a) For an initial 3-year license.............  $  500.00.

9       (b) For a 3-year renewal of a license.........  $  300.00.

10      (c) For a temporary license to operate a body

11 art facility at a fixed location for not more than

12 a 2-week period....................................  $  100.00.

13  Sec. 13105. (1) Before issuing a license to an applicant

14  under this part, the department shall receive the results of an

15  inspection of the premises of the body art facility that is the

16  subject of the application from the appropriate local health

17  department. The local health department shall convey the results

18  of the inspection of the premises of the body art facility that

19  is the subject of the application to the department as soon as

20  practical after the inspection occurs.

21        (2) The appropriate local health department shall inspect

22  each body art facility prior to being licensed under this part

23  and shall at least annually inspect each body art facility

24  licensed under this part to ensure compliance with this part.

25  Subject to section 13108, the department shall authorize a local

26  health department under section 2235 to perform the inspections

 1  required under this subsection.

 2        (3) The department shall issue a license under this part to

 3  a specific person for a body art facility at a specific location.

 4  A license issued under this part is nontransferable.

 5  Sec. 13106. The owner or operator of a body art facility

 6  licensed under this part shall apply to the department for

 7  renewal of the license not less than 30 days before the license

 8  expires. Upon payment of the renewal fee prescribed by section

 9  13104(3), the department shall renew the license if the applicant

10  is in compliance with this part and any rules promulgated under

11  this part. The department shall consult with the appropriate

12  local health department to determine that compliance.

13  Sec. 13107. A person who owns or operates a body art

14  facility licensed under this part shall do all of the following:

15        (a) Display the license issued under this part in a

16  conspicuous place within the customer service area of the body

17  art facility.

18        (b) Comply with and ensure that the body art facility is in

19  compliance with this part and part 138 and with rules promulgated

20  under those parts.

21        (c) Ensure that the body art facility as a whole and any

22  individual engaged in tattooing, cleaning tattooing instruments,

23  performing branding or body-piercing, or cleaning branding or

24  body-piercing instruments comply with the bloodborne pathogen

25  safety standards under 29 CFR 1910.1030.

26        (d) Ensure that tattooing, branding, or body-piercing is

27  performed in a sterile field with sterile needles and only

 1  single-use ink.

 2        (e) Maintain a confidential record of each individual who

 3  has been tattooed or branded or who has had body-piercing

 4  performed at the body art facility and make the records available

 5  for inspection by a local health department. The record shall

 6  include, at a minimum, the individual's name, address, age, and

 7  signature; the date; the design and location of the tattooing,

 8  branding, or body-piercing; the name of the individual performing

 9  the tattooing, branding, or body-piercing; and any known

10  complications the individual has with any tattooing, branding, or

11  body-piercing done at that body art facility. The owner,

12  operator, manager, or person having control of the body art

13  facility shall provide a copy of the record to the individual at

14  the time he or she is tattooed, is branded, or has body-piercing

15  performed. The department shall develop guidelines for the

16  confidential handling of this record, including, but not limited

17  to, the maintenance, storage, inspection, and destruction of the

18  record.

19        (f) Prohibit smoking within the body art facility.

20        (g) Provide each customer with a written information sheet

21  distributed or approved by the department that provides at least

22  all of the following:

23        (i) Instructions on the care of a tattoo site, brand site, or

24  body-piercing site.

25        (ii) A recommendation that an individual seek medical

26  attention if the tattoo site, brand site, or body-piercing site

27  becomes infected or painful or if the person develops a fever

 1  soon after being tattooed, branded, or having body-piercing

 2  performed.

 3        (iii) Notice that the individual may be allowed to donate

 4  blood within the standard deferral period if the individual

 5  presents a copy of the record required under subdivision (e) to

 6  the blood donor facility.

 7        (h) Maintain on file on the premises of the body art

 8  facility and have available for inspection by a local health

 9  department all of the following:

10        (i) All of the following regarding each technician employed

11  by or who performs tattooing, branding, or body piercing at the

12  body art facility:

13        (A) His or her full legal name.

14        (B) His or her exact duties at the facility.

15        (C) His or her date of birth.

16        (D) His or her gender.

17        (E) His or her home address.

18        (F) His or her home and work telephone numbers.

19        (G) His or her prior or other current places of employment

20  as a technician, if known.

21        (H) His or her training and experience.

22        (I) An identification photo.

23        (J) Documentation of compliance with the educational,

24  training, or experience requirements of the department under this

25  part.

26        (K) Documentation of HBV vaccination status or other

27  vaccination status requirements of the department under this

 1  part.

 2        (ii) Full legal name of the body art facility.

 3        (iii) The hours of operation of the body art facility.

 4        (iv) All of the following regarding each owner and operator

 5  of the body art facility:

 6        (A) His or her full legal name.

 7        (B) His or her home address.

 8        (C) His or her home and work telephone numbers.

 9        (v) A complete description of all tattooing, branding, or

10  body piercing performed at the body art facility.

11        (vi) A complete inventory of all instruments, body jewelry,

12  sharps, and inks used for the tattooing, branding, or body

13  piercing performed at the body art facility. The inventory shall

14  include the name of the item's manufacturer and serial or lot

15  number, if applicable. The body art facility may provide invoices

16  or orders to satisfy this requirement if determined appropriate

17  by the department or the local health department.

18        (vii) A copy of this part and rules promulgated under this

19  part.

20  Sec. 13108. (1) Pursuant to section 2235, the department

21  shall authorize a local health department to enforce this part

22  and any rules promulgated under this part. A local health

23  department authorized to enforce this part and any rules

24  promulgated under this part shall enforce this part and any rules

25  promulgated under this part pursuant to sections 2461(2) and

26  2462. In addition to the penalties and remedies under this part,

27  a local health department may enforce this part and any rules

 1  promulgated under this part through an action commenced pursuant

 2  to section 2465 or any other appropriate action authorized by

 3  law.

 4        (2) If a local health department of a county or city under

 5  part 24 is unable or unwilling to perform the functions required

 6  in this section and the county or city is not part of a district

 7  that has created a district health department pursuant to section

 8  2415, the county or city, through an intergovernmental agreement,

 9  may contract with another local governing entity to have that

10  entity's local health department perform the functions required

11  in this section. The contracting parties under this subsection

12  shall obtain the department's approval before execution of the

13  intergovernmental agreement.

14        (3) Pursuant to section 2444, a local governing entity of a

15  local health department authorized to enforce this part under

16  this section may fix and require the payment of fees by

17  applicants and licensees for services required to be performed by

18  the local health department under this section.

19        (4) Unless they conflict with standards of this part or

20  rules are promulgated by the department regarding safety

21  standards, a local health department shall use as guidance in

22  enforcing this part the safety standards issued by the national

23  environmental health association in "Body Art: A Comprehensive

24  Guidebook and Model Code".

25        (5) In addition to any other enforcement action authorized

26  by law, a person alleging a violation of this part may bring a

27  civil action in a court of competent jurisdiction for appropriate

 1  injunctive relief.

 2  Sec. 13109. Except as otherwise provided in sections 13103

 3  and 13110, a person who violates this part or a rule promulgated

 4  under this part is guilty of a misdemeanor punishable by

 5  imprisonment for not more than 90 days or a fine of not more than

 6  $100.00, or both, for each violation.

 7  Sec. 13110. A person shall not give or sell to a minor a

 8  body-piercing kit or other body-piercing device. A person who

 9  violates this section is responsible for a state civil infraction

10  and is subject to a civil fine of not more than $500.00. This

11  section shall be enforced pursuant to chapter 88 of the revised

12  judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835.

13        Sec. 13111. A local governing entity of a local health

14  department authorized to enforce this part under section 13108

15  may adopt and enforce local codes, ordinances, or regulations

16  that are more stringent than the minimum applicable standards set

17  forth in this part or rules promulgated under this part. This

18  part shall not relieve the applicant for a license or a licensee

19  from the responsibility for securing a local permit or complying

20  with applicable local codes, regulations, or ordinances that are

21  in addition to this part.