Florida Senate - 2009                                    SB 1130
       
       
       
       By Senator Sobel
       
       
       
       
       31-00816B-09                                          20091130__
    1                        A bill to be entitled                      
    2         An act relating to the practice of tattooing; creating
    3         part XVII of ch. 468, F.S., the Tattoo Practice and
    4         Tattoo Establishment Act; providing definitions;
    5         prohibiting the practice of tattooing unless a person
    6         is licensed or registered by the Department of Health;
    7         requiring the licensure of a tattoo establishment;
    8         requiring that the department establish requirements
    9         for licensure and registration; exempting physicians
   10         licensed under ch. 458 or ch. 459, F.S., from
   11         regulation under the act; prohibiting a tattooist from
   12         tattooing under certain circumstances; specifying
   13         requirements for licensure and license renewal;
   14         providing requirements for registration as an intern
   15         tattooist or apprentice tattooist; providing
   16         requirements for licensure for a tattoo establishment;
   17         requiring a tattooist to complete a course in
   18         continuing education; prohibiting the transfer of a
   19         license or registration; providing practice
   20         requirements for tattooists, intern tattooists, and
   21         apprentice tattooists; specifying fees for initial
   22         licensure and registration and annual renewal thereof;
   23         specifying acts that constitute grounds under which
   24         the department may take disciplinary action; providing
   25         for disciplinary proceedings and fines; authorizing
   26         the department to adopt rules to administer the act;
   27         providing requirements for persons applying for
   28         registration as an intern tattooist or apprentice
   29         tattooist; providing penalties for certain violations
   30         involving the practice of tattooing; authorizing the
   31         department or the state attorney to enjoin a
   32         continuing violation of the act; providing an
   33         effective date.
   34         
   35  Be It Enacted by the Legislature of the State of Florida:
   36         
   37         Section 1. Part XVII of chapter 468, Florida Statutes,
   38  consisting of sections 468.85, 468.851, 468.852, 468.853,
   39  468.854, 468.855, 468.856, 468.857, 468.858, 468.859, 468.86,
   40  and 468.861, is created to read:
   41         468.85Short title.—This part may be cited as the “Tattoo
   42  Practice and Tattoo Establishment Act.”
   43         468.851Definitions.—As used in this part, the term:
   44         (1)“Active license or registration” means a current
   45  license or registration issued by the department which is not
   46  suspended or revoked.
   47         (2)“Apprentice tattooist” means a person registered with
   48  the department to learn tattooing under the direct supervision
   49  of a licensed tattooist.
   50         (3)“Department” means the Department of Health.
   51         (4)“Direct supervision” means supervision by a licensed
   52  tattooist who is physically on the premises of the tattoo
   53  establishment.
   54         (5)“Guest tattooist” means a person who has a professional
   55  background in tattooing in another state, who is registered with
   56  the department to learn tattooing under the direct supervision
   57  of a licensed tattooist, and whose registration expires after 45
   58  days and may not be renewed for 6 months.
   59         (6)“In-service hours” means the number of hours that an
   60  autoclave is in operation.
   61         (7)“Intern tattooist” means a person who has a
   62  professional background in tattooing in another state and who is
   63  registered with the department to learn tattooing under the
   64  direct supervision of a licensed tattooist.
   65         (8)“Tattoo” means a mark or design made on or under the
   66  skin by a process of piercing and engraving a pigment, dye, or
   67  ink in the skin.
   68         (9)“Tattoo establishment” means any permanent location,
   69  place, area, structure, or business used for the practice of
   70  tattooing or the instruction of tattooing.
   71         (10)“Tattooist” means a person licensed under this part to
   72  practice tattooing or provide instruction on tattooing.
   73         468.852License required.—
   74         (1)(a)A person may not practice tattooing in this state
   75  unless the person is licensed as a tattooist or is registered as
   76  an intern tattooist, an apprentice tattooist, or a guest
   77  tattooist under this part.
   78         (b)A business may not be identified as a tattoo
   79  establishment unless the establishment is licensed in accordance
   80  with this part.
   81         (2)The department shall establish requirements for
   82  licensure and registration, in consultation with the
   83  professional tattooing industry in this state, and shall develop
   84  forms by which to verify an applicant's training and employment
   85  prior to licensure or registration.
   86         468.853Exemption.This part does not apply to a physician
   87  licensed under chapter 458 or to an osteopathic physician
   88  licensed under chapter 459 when the physician is practicing his
   89  or her profession.
   90         468.854Prohibited acts.A person may not:
   91         (1)Operate a tattoo establishment or practice tattooing
   92  unless the person holds an active license or registration and
   93  practices in accordance with this part.
   94         (2)Practice tattooing on a minor.
   95         (3)Practice tattooing upon an impaired customer or a
   96  customer who has exuding sores, weeping dermatitis, or a
   97  contagious disease, excluding the common cold.
   98         (4)Practice tattooing when the tattooist has exuding
   99  sores, weeping dermatitis, or a contagious disease, excluding
  100  the common cold.
  101         468.855Qualifications for licensure; license renewal.
  102         (1)Any person who desires to be licensed as a tattooist or
  103  registered as an intern tattooist, guest tattooist, or
  104  apprentice tattooist must apply to the department for a license
  105  or registration.
  106         (2)An applicant for licensure as a tattooist must meet the
  107  following requirements:
  108         (a)Successfully pass the licensure examination for
  109  tattooing from the department.
  110         (b)Submit a completed application to the department and
  111  pay the application fee.
  112         (c)Submit proof of completion of an education course on
  113  blood-borne pathogens and communicable diseases.
  114         (d)1.For licensure on or before December 31, 2009, submit
  115  written recommendations for licensure from five professional
  116  tattooists who are practicing in this state, demonstrate 5 years
  117  of previous practice of professional tattooing, and provide
  118  proof of status as a professional tattooist by:
  119         a.Submitting an occupational license as a tattooist from
  120  any municipality or county;
  121         b.Providing proof of employment in or ownership of
  122  property that has an occupational license for the purpose of
  123  tattooing; or
  124         c.Submitting copies of prior federal income tax filings as
  125  a professional tattooist.
  126         2.For licensure after December 31, 2009, submit written
  127  recommendations for licensure from five tattooists who have been
  128  licensed for at least 3 years and have supervised an intern
  129  tattooist or apprentice tattooist for a minimum of 1 year.
  130         (3)An applicant for registration as an intern tattooist
  131  must submit to the department:
  132         (a)A completed application and the application fee.
  133         (b)Proof of direct supervision by a licensed tattooist.
  134         (4)An applicant for registration as an apprentice
  135  tattooist must submit to the department:
  136         (a)A completed application and the application fee.
  137         (b)Proof of direct supervision by a licensed tattooist.
  138         (5)An applicant may obtain licensure of a tattoo
  139  establishment if the applicant submits a completed application
  140  and application fee to the department and the department
  141  verifies that:
  142         (a)The establishment, furnishings, and equipment are clean
  143  and in good repair.
  144         (b)The floors, tables, and chairs in the tattoo station
  145  and sterilization area are constructed of smooth surfaces that
  146  can be sanitized.
  147         (c)Running water is installed in the establishment in
  148  compliance with local ordinances.
  149         (d)There is a functioning toilet that is easily accessible
  150  to customers.
  151         (e)There is at least one sink for hand washing which is
  152  easily accessible to the tattooist and equipped with running
  153  water, antibacterial soap, and single-use disposable towels.
  154         (f)There are a sufficient number of trash containers that
  155  are easily accessible to the tattooist for the disposal of
  156  towels or other absorbent material, and for the disposal of
  157  dyes, inks, or pigments previously used on a customer.
  158         (g)The establishment is in compliance with the local
  159  building, occupational, zoning, and health codes.
  160         (h)All water-carried sewage is disposed of by a public
  161  sewage system or a sewage system that is constructed and
  162  operating in conformance with local ordinances.
  163         (i)There is a functioning autoclave on the premises of the
  164  establishment for sterilizing tattoo-related equipment.
  165         (6)The applicant for licensure or registration must
  166  provide proof to the department of meeting the requirements for
  167  licensure or registration.
  168         (7)The department shall renew a license or registration
  169  according to rules adopted by the department. A tattooist must
  170  complete a course of continuing education on blood-borne
  171  pathogens and communicable diseases, as prescribed by the
  172  department.
  173         (8)A license or registration issued by the department
  174  under this part is not transferable.
  175         468.856Practice requirements for tattooists; requirements
  176  for tattoo establishments.
  177         (1)A licensed tattooist must:
  178         (a)Provide direct supervision to an intern tattooist who
  179  is registered with the department as being under the supervision
  180  of the licensed tattooist.
  181         (b)Provide direct supervision to an apprentice tattooist
  182  who is registered with the department as being under the
  183  supervision of the licensed tattooist.
  184         (c)Display a current license in a manner that is easily
  185  visible to the public.
  186         (d)Practice tattooing only in a licensed tattoo
  187  establishment that complies with the requirements of this part.
  188         (e)Before applying a tattoo, provide the customer with
  189  information on procedures for follow-up care after receiving the
  190  tattoo and obtain written acknowledgement from the customer of
  191  receipt of such information.
  192         (f)Ensure that each person applying a tattoo under the
  193  supervision of the licensed tattooist washes his or her hands
  194  before and after each application.
  195         (g)Maintain sanitary conditions at all times in the tattoo
  196  establishment, as defined by department rule.
  197         (h)Use sterilized needles and tubes that have been
  198  sterilized in an autoclave before use on a customer for at
  199  least:
  200         1.Twenty minutes at 15 pounds of pressure per square inch
  201  at a temperature of 240° Fahrenheit or 116° Celsius; or
  202         2.Fifteen minutes at 20 pounds of pressure per square inch
  203  at a temperature of 250° Fahrenheit or 121° Celsius.
  204         (i)At least once every 90 days or 40 in-service hours,
  205  whichever comes first, verify that the autoclave is properly
  206  sterilizing needles and tubes by use of the KILIT Ampule
  207  Sterilization Test or its equivalent. A tattooist must maintain
  208  an autoclave log for each use and list the amount of equipment
  209  placed in the autoclave, the time the equipment is placed into
  210  and removed from the autoclave, the temperature of the
  211  autoclave, the pressure used by the autoclave, the final
  212  results, and the signature of his or her name or initials when
  213  removing the equipment from the autoclave. A tattooist must also
  214  maintain records of autoclave verification for at least 3 years,
  215  and the records are subject to inspection by the department.
  216         (j)Use only single-use towels or other absorbent material
  217  for drying, cleaning, disinfecting, scrubbing, or bandaging the
  218  skin of the tattooist or the customer. The towel or material
  219  must be immediately disposed of after use.
  220         (k)Use only single-use containers for dyes, inks, or
  221  pigments. The containers of dyes, inks, or pigments must be
  222  disposed of immediately after use.
  223         (l)Use single-use razors and dispose of each razor
  224  immediately after use, or use a shaver that is disinfected after
  225  each use.
  226         (m)Comply with all state and local health codes and
  227  ordinances.
  228         (n)Report to the department any person or establishment in
  229  violation of this part.
  230         (o)Store all stencils, needles, and tubes when not in use
  231  in clean, closed cabinets or containers.
  232         (2)An intern tattooist must:
  233         (a)Practice tattooing only under the direct supervision of
  234  a licensed tattooist.
  235         (b)Display a current registration in a manner that is
  236  easily visible to the public.
  237         (c)Identify himself or herself as an intern tattooist in
  238  oral or written communication to the public which is intended to
  239  promote the intern's practice or recognition as a tattooist.
  240         (d)Comply with the requirements for practice as a licensed
  241  tattooist enumerated in paragraphs (1)(d)-(o).
  242         (3)An apprentice tattooist must:
  243         (a)Practice tattooing only under the direct supervision of
  244  a licensed tattooist.
  245         (b)Display a current registration in a manner that is
  246  easily visible to the public.
  247         (c)Comply with the requirements for practice as a licensed
  248  tattooist enumerated in paragraphs (1)(d)-(o).
  249         (4)A tattooist who operates a tattoo establishment must:
  250         (a)Comply with the requirements for licensure enumerated
  251  in s. 468.855.
  252         (b)Display a current license for the establishment in a
  253  manner that is easily visible to the public.
  254         (c)Display a copy of procedures for follow-up care after
  255  receiving a tattoo and provide a copy to all customers.
  256         (d)Ensure that each tattooist who operates in the tattoo
  257  establishment meets all applicable requirements of this part.
  258         (e)Maintain for at least 3 years copies of autoclave
  259  sterilization tests. Copies of the tests from the previous year
  260  must be maintained on the premises of the tattoo establishment.
  261         (f)Allow periodic inspection and enforcement by authorized
  262  agents of the department.
  263         (g)Report to the department any person or tattoo
  264  establishment in violation of this part.
  265         (5)Any person who is licensed or registered under this
  266  part must notify the department within 14 days following any
  267  change in the name or address of the licensee or registrant.
  268         486.857Fees; disposition.The department shall establish
  269  by rule fees for initial licensure or registration, annual
  270  renewal fees, and reactivation fees for an inactive license or
  271  registration in accordance with ss. 456.004 and 456.025. A
  272  license or registration that is not timely renewed becomes
  273  inactive.
  274         (1)The annual fee for a tattoo establishment license may
  275  not exceed $500.
  276         (2)The annual fee for licensure as a tattooist may not
  277  exceed $250.
  278         (3)The annual fee for registration as an intern tattooist
  279  may not exceed $250.
  280         (4)The annual fee for registration as an apprentice
  281  tattooist may not exceed $150.
  282         (5)The fee for registration as a guest tattooist may not
  283  exceed $150 per registration.
  284         468.858Disciplinary grounds.
  285         (1)In addition to the grounds set forth in s. 456.072, the
  286  following acts constitute grounds for which the department may
  287  take disciplinary action against a person licensed or registered
  288  under this part:
  289         (a)Violating a state or local health code or ordinance.
  290         (b)Making a false, deceptive, or misleading advertisement
  291  or deceptively failing to identify oneself as an intern,
  292  apprentice, or guest tattooist.
  293         (c)Providing false information on an application for
  294  licensure or registration or on an autoclave test.
  295         (d)Violating any applicable provision of this part, a rule
  296  adopted under this part, a lawful order of the department, or
  297  any applicable provision of chapter 456 or rule adopted under
  298  chapter 456.
  299         (e)Having a comparable license, registration, or
  300  certification revoked, suspended, or otherwise acted against by
  301  the licensing authority of another state, territory, or country.
  302         (f)Being found guilty of or pleading nolo contendere to,
  303  regardless of adjudication, a crime in any jurisdiction which
  304  relates to the practice of tattooing or operating a tattoo
  305  establishment.
  306         (g)Committing fraud, deceit, negligence, or misconduct in
  307  practicing tattooing or operating a tattoo establishment.
  308         (h)Aiding, assisting, procuring, or advising any
  309  unlicensed person in the practice of tattooing or the operation
  310  of a tattoo establishment.
  311         (2)The department may revoke, suspend, fine, place on
  312  probation with conditions, reprimand, or deny subsequent renewal
  313  of licensure or registration to any licensee or registrant who
  314  violates subsection (1).
  315         (3)Disciplinary proceedings shall be conducted as provided
  316  in chapters 120 and 456.
  317         (4)The maximum fine per violation is $1,500, and the
  318  department shall adopt by rule procedures for taking
  319  disciplinary action against a licensee or registrant.
  320         468.859Rulemaking.The department shall adopt rules to
  321  administer this part.
  322         468.86Intern and apprentice tattooist programs.
  323         (1)(a)Any person applying for registration as an intern
  324  tattooist must apply on forms supplied by the department. The
  325  applicant must provide to the department:
  326         1.A written agreement from the supervising tattooist that
  327  the applicant will serve the internship under the direct
  328  supervision of the supervising tattooist.
  329         2.Proof of practice in a licensed tattoo establishment.
  330         3.Proof of compliance with the conditions of registration
  331  for an intern tattooist, set forth in s. 468.855.
  332         4.Proof of successful completion of a course of study on
  333  first aid and blood-borne pathogens and communicable diseases.
  334         (b)An applicant for registration as an intern tattooist
  335  must provide any material requested by the department to verify
  336  compliance with the intern program.
  337         (2)(a)Any person applying for registration as an
  338  apprentice tattooist must apply on forms supplied by the
  339  department. The applicant must provide to the department:
  340         1.A written agreement from the supervising tattooist that
  341  the applicant will serve the apprenticeship under the direct
  342  supervision of the supervising tattooist.
  343         2.Proof of practice in a licensed tattoo establishment.
  344         3.Proof of compliance with the conditions of registration
  345  for an apprentice tattooist, set forth in s. 468.855.
  346         4.Proof of successful completion of a course of study on
  347  first aid and blood-borne pathogens and communicable diseases.
  348         (b)An applicant for registration as an apprentice
  349  tattooist must provide any material requested by the department
  350  to verify compliance with the intern program.
  351         (c)An apprentice tattooist must use the words “apprentice
  352  tattooist” in any advertisement or written document relating to
  353  the practice of tattooing by the apprentice tattooist.
  354         468.861Penalties.
  355         (a)Each of the following acts constitutes a felony of the
  356  third degree, punishable as provided in s. 775.082, s. 775.083,
  357  or s. 775.084:
  358         1.Owning, operating, or soliciting business as a tattoo
  359  establishment in this state without first procuring a license
  360  from the department, unless specifically exempted by this
  361  section.
  362         2.Obtaining or attempting to obtain a license to operate a
  363  tattoo establishment by means of fraud, misrepresentation, or
  364  concealment.
  365         3.Tattooing a minor.
  366         4.Practicing tattooing upon an impaired customer or a
  367  customer who has exuding sores, weeping dermatitis, or a
  368  contagious disease, excluding the common cold.
  369         5.Practicing tattooing when the tattooist has exuding
  370  sores, weeping dermatitis, or a contagious disease, excluding
  371  the common cold.
  372         (b)A person who fails to maintain the records required by
  373  this part or who knowingly makes false entries in such records
  374  commits a misdemeanor of the second degree, punishable as
  375  provided in s. 775.082 or s. 775.083.
  376         (c)In addition to any other punishment provided for in
  377  this section, the court may suspend or revoke the license of any
  378  licensee or registrant who is found guilty of any violation of
  379  paragraph (a) or paragraph (b).
  380         (d)If the department or any state attorney has probable
  381  cause to believe that an establishment or person has violated
  382  paragraph (a), the department or state attorney may bring an
  383  action to enjoin the establishment or person from engaging in or
  384  continuing such violation or doing any act in furtherance
  385  thereof, and the court may provide any other relief it finds
  386  appropriate.
  387         Section 2. This act shall take effect July 1, 2009.