HB 1343

1
A bill to be entitled
2An act relating to the practice of tattooing; creating
3part XVII of ch. 468, F.S., the Tattoo Practice and Tattoo
4Establishment Act; providing definitions; prohibiting the
5practice of tattooing unless a person is licensed or
6registered by the Department of Health; requiring the
7licensure of a tattoo establishment; requiring that the
8department establish requirements for licensure and
9registration; exempting physicians licensed under ch. 458
10or ch. 459, F.S., from regulation under the act;
11prohibiting a tattooist from tattooing under certain
12circumstances; specifying requirements for licensure and
13license renewal; providing requirements for registration
14as an intern tattooist or apprentice tattooist; providing
15requirements for licensure for a tattoo establishment;
16requiring a tattooist to complete a course in continuing
17education; prohibiting the transfer of a license or
18registration; providing practice requirements for
19tattooists, intern tattooists, and apprentice tattooists;
20providing requirements for a tattooist who operates a
21tattoo establishment; specifying fees for initial
22licensure and registration and annual renewal thereof;
23specifying acts that constitute grounds under which the
24department may take disciplinary action; providing for
25disciplinary proceedings and fines; authorizing the
26department to adopt rules to administer the act; providing
27requirements for persons applying for registration as an
28intern tattooist or apprentice tattooist; providing
29penalties for certain violations involving the practice of
30tattooing; authorizing the department or the state
31attorney to enjoin a continuing violation of the act;
32providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Part XVII of chapter 468, Florida Statutes,
37consisting of sections 468.85, 468.851, 468.852, 468.853,
38468.854, 468.855, 468.856, 468.857, 468.858, 468.859, 468.86,
39and 468.861, is created to read:
40     468.85  Short title.--This part may be cited as the "Tattoo
41Practice and Tattoo Establishment Act."
42     468.851  Definitions.--As used in this part, the term:
43     (1)  "Active license or registration" means a current
44license or registration issued by the department which is not
45suspended or revoked.
46     (2)  "Apprentice tattooist" means a person registered with
47the department to learn tattooing under the direct supervision
48of a licensed tattooist.
49     (3)  "Department" means the Department of Health.
50     (4)  "Direct supervision" means supervision by a licensed
51tattooist who is physically on the premises of the tattoo
52establishment.
53     (5)  "Guest tattooist" means a person who has a
54professional background in tattooing in another state, who is
55registered with the department to learn tattooing under the
56direct supervision of a licensed tattooist, and whose
57registration expires after 45 days and may not be renewed for 6
58months.
59     (6)  "Inservice hours" means the number of hours that an
60autoclave is in operation.
61     (7)  "Intern tattooist" means a person who has a
62professional background in tattooing in another state and who is
63registered with the department to learn tattooing under the
64direct supervision of a licensed tattooist.
65     (8)  "Tattoo" means a mark or design made on or under the
66skin by a process of piercing and engraving a pigment, dye, or
67ink in the skin.
68     (9)  "Tattoo establishment" means any permanent location,
69place, area, structure, or business used for the practice of
70tattooing or for instruction on tattooing.
71     (10)  "Tattooist" means a person licensed under this part
72to practice tattooing or provide instruction on tattooing.
73     468.852  License required.--
74     (1)(a)  A person may not practice tattooing in this state
75unless the person is licensed as a tattooist or is registered as
76an intern tattooist, an apprentice tattooist, or a guest
77tattooist under this part.
78     (b)  A business may not be identified as a tattoo
79establishment unless the establishment is licensed in accordance
80with this part.
81     (2)  The department shall establish requirements for
82licensure and registration, in consultation with the
83professional tattooing industry in this state, and shall develop
84forms by which to verify an applicant's training and employment
85prior to licensure or registration.
86     468.853  Exemption.--This part does not apply to a
87physician licensed under chapter 458 or to an osteopathic
88physician licensed under chapter 459 when the physician is
89practicing his or her profession.
90     468.854  Prohibited acts.--A person may not:
91     (1)  Operate a tattoo establishment or practice tattooing
92unless the person holds an active license or registration and
93practices in accordance with this part.
94     (2)  Practice tattooing on a minor.
95     (3)  Practice tattooing upon an impaired customer or a
96customer who has exuding sores, weeping dermatitis, or a
97contagious disease, excluding the common cold.
98     (4)  Practice tattooing when the tattooist has exuding
99sores, weeping dermatitis, or a contagious disease, excluding
100the common cold.
101     468.855  Qualifications for licensure; license renewal.--
102     (1)  Any person who desires to be licensed as a tattooist
103or registered as an intern tattooist, guest tattooist, or
104apprentice tattooist must apply to the department for a license
105or registration.
106     (2)  An applicant for licensure as a tattooist must meet
107the following requirements:
108     (a)  Successfully pass the licensure examination for
109tattooing from the department.
110     (b)  Submit a completed application to the department and
111pay the application fee.
112     (c)  Submit proof of completion of an education course on
113blood-borne pathogens and communicable diseases.
114     (d)1.  For licensure on or before December 31, 2009, submit
115written recommendations for licensure from five professional
116tattooists who are practicing in this state, demonstrate 5 years
117of previous practice of professional tattooing, and provide
118proof of status as a professional tattooist by:
119     a.  Submitting an occupational license as a tattooist from
120any municipality or county;
121     b.  Providing proof of employment in or ownership of
122property that has an occupational license for the purpose of
123tattooing; or
124     c.  Submitting copies of prior federal income tax filings
125as a professional tattooist.
126     2.  For licensure after December 31, 2009, submit written
127recommendations for licensure from five tattooists who have been
128licensed for at least 3 years and have supervised an intern
129tattooist or apprentice tattooist for a minimum of 1 year.
130     (3)  An applicant for registration as an intern tattooist
131must 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
135tattooist 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
139establishment if the applicant submits a completed application
140and application fee to the department and the department
141verifies that:
142     (a)  The establishment, furnishings, and equipment are
143clean and in good repair.
144     (b)  The floors, tables, and chairs in the tattoo station
145and sterilization area are constructed of smooth surfaces that
146can be sanitized.
147     (c)  Running water is installed in the establishment in
148compliance with local ordinances.
149     (d)  There is a functioning toilet that is easily
150accessible to customers.
151     (e)  There is at least one sink for hand washing which is
152easily accessible to the tattooist and equipped with running
153water, antibacterial soap, and single-use disposable towels.
154     (f)  There are a sufficient number of trash containers that
155are easily accessible to the tattooist for the disposal of
156towels or other absorbent material, and for the disposal of
157dyes, inks, or pigments previously used on a customer.
158     (g)  The establishment is in compliance with the local
159building, occupational, zoning, and health codes.
160     (h)  All water-carried sewage is disposed of by a public
161sewage system or a sewage system that is constructed and
162operating in conformance with local ordinances.
163     (i)  There is a functioning autoclave on the premises of
164the establishment for sterilizing tattoo-related equipment.
165     (6)  The applicant for licensure or registration must
166provide proof to the department of meeting the requirements for
167licensure or registration.
168     (7)  The department shall renew a license or registration
169according to rules adopted by the department. A tattooist must
170complete a course of continuing education on blood-borne
171pathogens and communicable diseases, as prescribed by the
172department.
173     (8)  A license or registration issued by the department
174under this part is not transferable.
175     468.856  Practice requirements for tattooists; requirements
176for tattoo establishments.--
177     (1)  A licensed tattooist must:
178     (a)  Provide direct supervision to an intern tattooist who
179is registered with the department as being under the supervision
180of the licensed tattooist.
181     (b)  Provide direct supervision to an apprentice tattooist
182who is registered with the department as being under the
183supervision of the licensed tattooist.
184     (c)  Display a current license in a manner that is easily
185visible to the public.
186     (d)  Practice tattooing only in a licensed tattoo
187establishment that complies with the requirements of this part.
188     (e)  Before applying a tattoo, provide the customer with
189information on procedures for follow-up care after receiving the
190tattoo and obtain written acknowledgement from the customer of
191receipt of such information.
192     (f)  Ensure that each person applying a tattoo under the
193supervision of the licensed tattooist washes his or her hands
194before and after each application.
195     (g)  Maintain sanitary conditions at all times in the
196tattoo establishment, as defined by department rule.
197     (h)  Use sterilized needles and tubes that have been
198sterilized in an autoclave before use on a customer for at
199least:
200     1.  Twenty minutes at 15 pounds of pressure per square inch
201at a temperature of 240° Fahrenheit or 116° Celsius; or
202     2.  Fifteen minutes at 20 pounds of pressure per square
203inch at a temperature of 250° Fahrenheit or 121° Celsius.
204     (i)  At least once every 90 days or 40 inservice hours,
205whichever comes first, verify that the autoclave is properly
206sterilizing needles and tubes by use of the KILIT Ampule
207Sterilization Test or its equivalent. A tattooist must maintain
208an autoclave log for each use and list the amount of equipment
209placed in the autoclave, the time the equipment is placed into
210and removed from the autoclave, the temperature of the
211autoclave, the pressure used by the autoclave, the final
212results, and the signature of his or her name or initials when
213removing the equipment from the autoclave. A tattooist must also
214maintain records of autoclave verification for at least 3 years,
215and the records are subject to inspection by the department.
216     (j)  Use only single-use towels or other absorbent material
217for drying, cleaning, disinfecting, scrubbing, or bandaging the
218skin of the tattooist or the customer. The towel or material
219must be immediately disposed of after use.
220     (k)  Use only single-use containers for dyes, inks, or
221pigments. The containers of dyes, inks, or pigments must be
222disposed of immediately after use.
223     (l)  Use single-use razors and dispose of each razor
224immediately after use, or use a shaver that is disinfected after
225each use.
226     (m)  Comply with all state and local health codes and
227ordinances.
228     (n)  Report to the department any person or establishment
229in violation of this part.
230     (o)  Store all stencils, needles, and tubes when not in use
231in clean, closed cabinets or containers.
232     (2)  An intern tattooist must:
233     (a)  Practice tattooing only under the direct supervision
234of a licensed tattooist.
235     (b)  Display a current registration in a manner that is
236easily visible to the public.
237     (c)  Identify himself or herself as an intern tattooist in
238oral or written communication to the public which is intended to
239promote the intern's practice or recognition as a tattooist.
240     (d)  Comply with the requirements for practice as a
241licensed tattooist enumerated in paragraphs (1)(d)-(o).
242     (3)  An apprentice tattooist must:
243     (a)  Practice tattooing only under the direct supervision
244of a licensed tattooist.
245     (b)  Display a current registration in a manner that is
246easily visible to the public.
247     (c)  Comply with the requirements for practice as a
248licensed 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
251in s. 468.855.
252     (b)  Display a current license for the establishment in a
253manner that is easily visible to the public.
254     (c)  Display a copy of procedures for follow-up care after
255receiving a tattoo and provide a copy to all customers.
256     (d)  Ensure that each tattooist who operates in the tattoo
257establishment meets all applicable requirements of this part.
258     (e)  Maintain for at least 3 years copies of autoclave
259sterilization tests. Copies of the tests from the previous year
260must be maintained on the premises of the tattoo establishment.
261     (f)  Allow periodic inspection and enforcement by
262authorized agents of the department.
263     (g)  Report to the department any person or tattoo
264establishment in violation of this part.
265     (5)  Any person who is licensed or registered under this
266part must notify the department within 14 days following any
267change in the name or address of the licensee or registrant.
268     486.857  Fees; disposition.--The department shall establish
269by rule fees for initial licensure or registration, annual
270renewal fees, and reactivation fees for an inactive license or
271registration in accordance with ss. 456.004 and 456.025. A
272license or registration that is not timely renewed becomes
273inactive.
274     (1)  The annual fee for a tattoo establishment license may
275not exceed $500.
276     (2)  The annual fee for licensure as a tattooist may not
277exceed $250.
278     (3)  The annual fee for registration as an intern tattooist
279may not exceed $250.
280     (4)  The annual fee for registration as an apprentice
281tattooist may not exceed $150.
282     (5)  The fee for registration as a guest tattooist may not
283exceed $150 per registration.
284     468.858  Disciplinary grounds.--
285     (1)  In addition to the grounds set forth in s. 456.072,
286the following acts constitute grounds for which the department
287may take disciplinary action against a person licensed or
288registered under this part:
289     (a)  Violating a state or local health code or ordinance.
290     (b)  Making a false, deceptive, or misleading advertisement
291or deceptively failing to identify oneself as an intern,
292apprentice, or guest tattooist.
293     (c)  Providing false information on an application for
294licensure or registration or on an autoclave test.
295     (d)  Violating any applicable provision of this part, a
296rule adopted under this part, a lawful order of the department,
297or any applicable provision of chapter 456 or rule adopted under
298chapter 456.
299     (e)  Having a comparable license, registration, or
300certification revoked, suspended, or otherwise acted against by
301the licensing authority of another state, territory, or country.
302     (f)  Being found guilty of or pleading nolo contendere to,
303regardless of adjudication, a crime in any jurisdiction which
304relates to the practice of tattooing or operating a tattoo
305establishment.
306     (g)  Committing fraud, deceit, negligence, or misconduct in
307practicing tattooing or operating a tattoo establishment.
308     (h)  Aiding, assisting, procuring, or advising any
309unlicensed person in the practice of tattooing or the operation
310of a tattoo establishment.
311     (2)  The department may revoke, suspend, fine, place on
312probation with conditions, reprimand, or deny subsequent renewal
313of licensure or registration to any licensee or registrant who
314violates subsection (1).
315     (3)  Disciplinary proceedings shall be conducted as
316provided in chapters 120 and 456.
317     (4)  The maximum fine per violation is $1,500, and the
318department shall adopt by rule procedures for taking
319disciplinary action against a licensee or registrant.
320     468.859  Rulemaking.--The department shall adopt rules to
321administer this part.
322     468.86  Intern and apprentice tattooist programs.--
323     (1)(a)  Any person applying for registration as an intern
324tattooist must apply on forms supplied by the department. The
325applicant must provide to the department:
326     1.  A written agreement from the supervising tattooist that
327the applicant will serve the internship under the direct
328supervision of the supervising tattooist.
329     2.  Proof of practice in a licensed tattoo establishment.
330     3.  Proof of compliance with the conditions of registration
331for an intern tattooist, set forth in s. 468.855.
332     4.  Proof of successful completion of a course of study on
333first aid and blood-borne pathogens and communicable diseases.
334     (b)  An applicant for registration as an intern tattooist
335must provide any material requested by the department to verify
336compliance with the intern program.
337     (2)(a)  Any person applying for registration as an
338apprentice tattooist must apply on forms supplied by the
339department. The applicant must provide to the department:
340     1.  A written agreement from the supervising tattooist that
341the applicant will serve the apprenticeship under the direct
342supervision of the supervising tattooist.
343     2.  Proof of practice in a licensed tattoo establishment.
344     3.  Proof of compliance with the conditions of registration
345for an apprentice tattooist, set forth in s. 468.855.
346     4.  Proof of successful completion of a course of study on
347first aid and blood-borne pathogens and communicable diseases.
348     (b)  An applicant for registration as an apprentice
349tattooist must provide any material requested by the department
350to verify compliance with the apprenticeship program.
351     (c)  An apprentice tattooist must use the words "apprentice
352tattooist" in any advertisement or written document relating to
353the practice of tattooing by the apprentice tattooist.
354     468.861  Penalties.--
355     (1)  Each of the following acts constitutes a felony of the
356third degree, punishable as provided in s. 775.082, s. 775.083,
357or s. 775.084:
358     (a)  Owning, operating, or soliciting business as a tattoo
359establishment in this state without first procuring a license
360from the department, unless specifically exempted by this part.
361     (b)  Obtaining or attempting to obtain a license to operate
362a tattoo establishment by means of fraud, misrepresentation, or
363concealment.
364     (c)  Tattooing a minor.
365     (d)  Practicing tattooing upon an impaired customer or a
366customer who has exuding sores, weeping dermatitis, or a
367contagious disease, excluding the common cold.
368     (e)  Practicing tattooing when the tattooist has exuding
369sores, weeping dermatitis, or a contagious disease, excluding
370the common cold.
371     (2)  A person who fails to maintain the records required by
372this part or who knowingly makes false entries in such records
373commits a misdemeanor of the second degree, punishable as
374provided in s. 775.082 or s. 775.083.
375     (3)  In addition to any other punishment provided for in
376this section, the court may suspend or revoke the license or
377registration of any licensee or registrant who is found guilty
378of any violation of subsection (1) or subsection (2).
379     (4)  If the department or any state attorney has probable
380cause to believe that an establishment or person has violated
381subsection (1), the department or state attorney may bring an
382action to enjoin the establishment or person from engaging in or
383continuing such violation or doing any act in furtherance
384thereof, and the court may provide any other relief it finds
385appropriate.
386     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.