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: 41 468.85 Short title.—This part may be cited as the “Tattoo 42 Practice and Tattoo Establishment Act.” 43 468.851 Definitions.—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. 73 468.852 License 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. 86 468.853 Exemption.—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. 90 468.854 Prohibited 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. 101 468.855 Qualifications 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. 175 468.856 Practice 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. 268 486.857 Fees; 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. 284 468.858 Disciplinary 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. 320 468.859 Rulemaking.—The department shall adopt rules to 321 administer this part. 322 468.86 Intern 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. 354 468.861 Penalties.— 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.