House Bill 0671

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    Florida House of Representatives - 2000                 HB 671

        By Representative Morroni






  1                      A bill to be entitled

  2         An act relating to public health; creating s.

  3         381.0076, F.S.; providing for regulation of

  4         tattoo parlors by the Department of Health;

  5         providing definitions; providing exemptions;

  6         requiring a license to operate a tattoo parlor

  7         and a temporary license to operate a temporary

  8         establishment; providing licensing procedures

  9         and fees; providing requirements with respect

10         to tattooing of minors; prohibiting certain

11         acts; providing penalties; providing for

12         injunction; providing for enforcement;

13         providing rulemaking authority; providing

14         specific requirements for operation of tattoo

15         parlors; repealing s. 877.04, F.S., relating to

16         prohibition of tattooing and penalties

17         therefor, to conform; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 381.0076, Florida Statutes, is

23  created to read:

24         381.0076  Regulation of tattoo parlors.--

25         (1)  LEGISLATIVE INTENT.--It is the intent of the

26  Legislature to protect the health, safety, and welfare of the

27  public from the spread of infectious diseases from practices

28  that prick, pierce, or scar the skin and therefore, to that

29  end, to regulate tattoo parlors.

30         (2)  DEFINITIONS.--As used in this section:

31         (a)  "Department" means the Department of Health.

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  1         (b)  "Establishment" means a tattoo parlor as defined

  2  in this section.

  3         (c)  "Licensee" means any person licensed under this

  4  section who is responsible for compliance with this section

  5  and the rules adopted under this section.

  6         (d)  "Operator" means an individual designated by a

  7  licensee to control the operation of an establishment.

  8         (e)  "Person" means any individual, partnership,

  9  corporation, or association.

10         (f)  "Safe level" means not more than 50 colonies of

11  microorganisms per 4 square inches of equipment or device

12  surface.

13         (g)  "Sanitization" means the effective bactericidal

14  treatment of surfaces of equipment and devices by a product

15  registered by the United States Environmental Protection

16  Agency which provides a sufficient concentration of chemicals

17  and enough time to reduce the bacterial count, including

18  pathogens, to a safe level.

19         (h)  "Sterilization" means the use of procedures that

20  destroy all microbial life, including viruses, on the

21  equipment or device.

22         (i)  "Stop-use order" means a written notice from the

23  department to a licensee requiring the licensee to remove a

24  piece of equipment or cease conducting a particular procedure

25  because the equipment is not being operated or the procedure

26  conducted in accordance with the requirements of this section

27  or any rule adopted pursuant thereto.

28         (j)  "Tattooing" means the act of making a permanent

29  mark or design on the skin by a process of either pricking and

30  ingraining an indelible pigment or raising scars.

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  1         (k)  "Tattoo parlor" means a place where tattooing

  2  occurs.

  3         (l)  "Temporary establishment" means a tattooing

  4  establishment that operates at a fixed location for a period

  5  of time of not more than 14 consecutive days in conjunction

  6  with a single event or celebration.

  7         (3)  EXEMPTIONS.--This section does not apply to the

  8  practice of any licensed health care professional under the

  9  regulatory jurisdiction of the department as long as the

10  person does not hold himself or herself out as a tattooing

11  establishment.

12         (4)  LICENSE REQUIRED.--

13         (a)  A person may not operate an establishment unless

14  it is licensed under this section.

15         (b)  Any person operating an establishment must obtain

16  a license from the department annually.

17         (c)  A license for an establishment is not transferable

18  from one place or person to another.

19         (d)  A license automatically expires on September 30 of

20  each year unless renewed by the department upon the request of

21  the licensee.

22         (e)  A current license must be displayed in a public

23  area of the establishment.

24         (f)  A person operating a temporary establishment must

25  receive a temporary license from the department prior to

26  operation. The department must be contacted at least 7 days

27  prior to commencement of operation of the establishment and

28  must conduct an inspection of the establishment to ensure

29  compliance with licensing requirements prior to issuing the

30  temporary license.

31         (5)  LICENSE APPLICATION.--

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  1         (a)  A person must apply to the department for an

  2  establishment license prior to commencement of operation and

  3  must apply for annual renewal of the license in order to

  4  continue operation.

  5         (b)  Application for an initial license or the renewal

  6  of a license must be on a form provided by the department and

  7  must be accompanied by the annual or prorated fee required in

  8  this section.

  9         (c)  The licensee must report any change in the

10  application information to the department before the change

11  may be put into operation.

12         (6)  FEES.--

13         (a)  Fees assessed under this section shall be

14  reasonably calculated to cover the cost of regulation under

15  this section, may be used only to meet the costs of carrying

16  out the requirements of this section, and are nonrefundable.

17         (b)  A person applying for initial licensure or

18  reactivation of an expired license at the beginning of the

19  licensing period or for renewal of a license shall pay the

20  full fee. All other applicants, whether for initial licensure

21  or reactivation of an expired license, shall pay a prorated

22  fee based on the number of quarters left until September 30.

23         (c)  Fees must be received by the department within 30

24  days after receipt of written notification from the department

25  that a fee is due. Failure to pay timely will result in the

26  assessment of a late fee. Fees are payable to the county

27  health department in the county where the establishment is

28  located.

29         (d)  The fees assessed under this section are, unless

30  prorated, as follows:

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  1         1.  The annual license fee, or license renewal fee, for

  2  a tattoo parlor is $150.

  3         2.  Each late fee is $100.

  4         3.  The fee for a temporary establishment license is

  5  $75.

  6         (7)  MINORS.--A person may not tattoo a minor without

  7  the written notarized consent of the minor's parent or legal

  8  guardian, and an establishment may not tattoo a minor under

  9  the age of 16 unless the minor is accompanied by a parent or

10  legal guardian.

11         (8)  PROHIBITED ACTS; PENALTIES; INJUNCTION.--

12         (a)  Each of the following acts constitutes a felony of

13  the third degree, punishable as provided in s. 775.082, s.

14  775.083, or s. 775.084:

15         1.  Owning, operating, or soliciting business as an

16  establishment in this state without first procuring a license

17  from the department, unless specifically exempted by this

18  section.

19         2.  Obtaining or attempting to obtain a license to

20  operate an establishment by means of fraud, misrepresentation,

21  or concealment.

22         (b)  Each of the following acts constitutes a

23  misdemeanor of the second degree, punishable as provided in s.

24  775.082 or s. 775.083:

25         1.  Failing to maintain the records required by this

26  section or knowingly making false entries in such records.

27         2.  Failing to comply with the requirements regarding

28  minors set forth in subsection (7).

29         (c)  In addition to any other punishment provided for,

30  the court may suspend or revoke the license of any licensee

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  1  under this section who has been found guilty of any violation

  2  of paragraph (a) or paragraph (b).

  3         (d)  If the department or any state attorney has

  4  probable cause to believe that an establishment or person has

  5  violated any provision of paragraph (a), an action may be

  6  brought by the department or the state attorney to enjoin such

  7  establishment or person from continuing such violation, or

  8  engaging therein or doing any acts in furtherance thereof, and

  9  the court may provide any other relief it deems appropriate.

10         (9)  ENFORCEMENT.--

11         (a)  The department shall inspect or investigate an

12  establishment as necessary, but at least annually, to ensure

13  compliance with this section. Department personnel may, at any

14  reasonable time, enter any establishment licensed under this

15  section or any premises the department has reason to believe

16  is being operated or maintained in violation of this section,

17  to determine compliance with this section or any rule adopted

18  under this section.

19         (b)  The department may impose an administrative fine,

20  not to exceed $1,000 per violation per day, for the violation

21  of any provision of this section, any rule adopted under this

22  section, or any term or condition of any license issued under

23  this section by the department.

24         (c)  In determining the amount of fine to be levied for

25  a violation, as provided in paragraph (b), the following

26  factors shall be considered:

27         1.  The severity of the violation and the extent to

28  which the provisions of this section, the rules adopted under

29  this section, or any terms or conditions of any license issued

30  under this section were violated.

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  1         2.  Actions taken by the licensee to correct the

  2  violation.

  3         3.  Any previous violations by the licensee.

  4         (d)  The department may issue a stop-use order, or

  5  institute legal action for injunctive or other relief, to

  6  enforce any provision of this section.

  7         (e)  The department may cancel, revoke, or suspend a

  8  license to operate an establishment if the licensee:

  9         1.  Fails to pay any fee required by this section;

10         2.  Obtains or attempts to obtain a license under this

11  section by fraud, misrepresentation, or concealment; or

12         3.  Violates any provision of this section or any rule

13  adopted under this section.

14         (f)1.  The department may issue a citation that

15  contains an order of correction or an order to pay a fine, or

16  both, for any violation of this section or the rules adopted

17  under this section, when the violation of the section or rule

18  is enforceable by an administrative or civil remedy or when

19  the violation of the section or rule is a misdemeanor of the

20  second degree. A citation constitutes a notice of proposed

21  agency action.

22         2.  A citation must be in writing and must describe the

23  particular nature of the violation, including specific

24  reference to the provision of law or rule allegedly violated.

25         3.  The fines imposed by a citation may not exceed

26  $1,000 for each violation. Each day the violation exists

27  constitutes a separate violation for which a citation may be

28  issued.

29         4.  The department shall inform the recipient of a

30  citation, by written notice pursuant to ss. 120.569 and

31  120.57, of the right to an administrative hearing to contest

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  1  the citation within 21 days after the date the citation is

  2  received. The citation must contain a conspicuous statement

  3  that if the recipient fails to pay any fine levied against the

  4  recipient within the time allowed or fails to appear to

  5  contest the citation after having requested a hearing, the

  6  recipient has waived the recipient's right to contest the

  7  citation and must pay the maximum fine.

  8         5.  The department may reduce or waive any fine imposed

  9  by a citation. In determining whether to reduce or waive a

10  fine, the department must consider the gravity of the

11  violation, the person's attempts at correcting the violation,

12  and the person's history of previous violations for which

13  enforcement actions were taken under this section.

14         6.  Any person who willingly refuses to sign and accept

15  a citation issued by the department commits a misdemeanor of

16  the second degree, punishable as provided in s. 775.082 or s.

17  775.083.

18         7.  This paragraph provides an alternative means of

19  enforcing this section, but does not prohibit the department

20  from enforcing this section or the rules adopted under this

21  section by any other means. However, the department may use

22  only a single method of enforcement for each violation.

23         (g)  The department shall deposit all fines it collects

24  under this section in the County Health Department Trust Fund

25  for use in providing services specified in this section.

26         (10)  RULES.--The department has authority to adopt

27  rules to implement this section.  Such rules may include

28  sanitation practices, sterilization requirements and

29  procedures, patient record content requirements, personnel

30  record retention requirements, patient notification

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  1  requirements and procedures, physical plant requirements,

  2  light requirements, and enforcement procedures.

  3         (11)  TATTOO PARLORS; SPECIFIC REQUIREMENTS.--

  4         (a)  A licensee or operator of a tattoo parlor may not

  5  allow any person to tattoo the body of any human being in the

  6  licensed establishment unless the person is licensed to

  7  practice medicine under chapter 458, osteopathic medicine

  8  under chapter 459, or dentistry under chapter 466 or the

  9  person is under the general supervision of a person licensed

10  to practice medicine under chapter 458, osteopathic medicine

11  under chapter 459, or dentistry under chapter 466.

12         (b)  A tattoo parlor must:

13         1.  Properly sterilize all instruments that pierce the

14  skin, directly aid in piercing the skin, or may come in

15  contact with instruments that pierce the skin, through such

16  means as storage in trays with other instruments or contact

17  with forceps, in accordance with the sterilization procedures

18  in this section.

19         2.  Sanitize all equipment indirectly used in

20  tattooing, including any beds, tables, headrests, armrests,

21  legrests, or handrails.

22         3.  Use protective infection barriers such as gloves

23  and masks when serving a customer. If the protective barriers

24  are contaminated, they must be properly disposed of

25  immediately. Protective barriers may only be used once and

26  only for one customer.

27         4.  If the skin is to be shaved, the shaving shall be

28  done, after the skin is washed with soap, using a new

29  single-service blade which is discarded after use on a single

30  customer.  Following shaving, the skin shall be washed with

31  soap and cleansed with an antiseptic.  If petroleum jelly is

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  1  used, it shall be applied with sterile gauze which shall be

  2  used only once and discarded.  After tattooing, the area must

  3  be cleaned with an antiseptic and bandaged with a loose, dry,

  4  sterile gauze dressing.

  5         5.  Provide each customer with written instructions on

  6  the proper care of the tattooed area so as to prevent

  7  infection.

  8         6.  Maintain a record of each customer's visit for a

  9  period of not less than 2 years, including, but not limited

10  to, the customer's name and date of visit, identification of

11  the tattoo, and the name of the person performing the

12  procedure.

13         7.  Report any injury or any complaint of injury to the

14  department on forms prescribed by the department and provide a

15  copy of the report to the complainant.

16         (c)  Sterilization procedures must include the

17  following:

18         1.  Proper autoclaving must be done according to the

19  autoclave manufacturer's instructions.

20         2.  There must be a sterilization indicator in each

21  autoclaving to monitor the sterilization procedure. The

22  indicator must indicate exposure to steam and 250° Fahrenheit.

23         3.  Contaminated instruments must be sterilized in the

24  following manner:

25         a.  The contaminated instruments must be thoroughly

26  cleansed with an antiseptic solution, according to the

27  instructions for the antiseptic solution, and hot water.

28         b.  The contaminated instruments and all other

29  instruments, must be packaged properly and loaded correctly

30  into the autoclave.

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  1         c.  The contaminated instruments must be sterilized by

  2  autoclave.

  3         4.  All sterilized instruments must be stored and

  4  handled in a manner that maintains sterility.

  5         5.  Autoclaves must be cleaned regularly and serviced

  6  at least once a year.

  7         6.  Each tattoo parlor utilizing autoclave

  8  sterilization techniques must post the sterilization

  9  procedures and ensure that personnel responsible for

10  performing the sterilization procedures are adequately

11  trained.

12         7.  All staff must be trained in proper

13  infection-control procedures.

14         8.  Presterilized, prewrapped, disposable instruments

15  may be used, but must be used in accordance with the

16  manufacturer's instructions.

17         (d)  The tattoo parlor must be in compliance with s.

18  381.0098.

19         Section 2.  Section 877.04, Florida Statutes, is hereby

20  repealed.

21         Section 3.  This act shall take effect October 1, 2000.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Provides for regulation of tattoo parlors by the
26    Department of Health. Defines terms and provides
      exemptions. Requires a license to operate a tattoo parlor
27    and a temporary license to operate a temporary
      establishment. Provides licensing procedures and fees.
28    Prohibits tattooing of a minor without consent of a
      parent or legal guardian and, if less than 16 years of
29    age, without being accompanied at the establishment by a
      parent or legal guardian. Prohibits other acts and
30    provides penalties therefor. Provides for injunction and
      enforcement. Provides rulemaking authority. Provides
31    specific requirements for operation of tattoo parlors.
      See bill for details.
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