Bill Text: AZ HB2431 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Physical body adornment; establishments; certification
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-05-19 - Assigned to House RULES Committee [HB2431 Detail]
Download: Arizona-2020-HB2431-Introduced.html
REFERENCE TITLE: physical body
adornment; establishments; certification |
State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
HB 2431 |
|
Introduced by Representatives Butler: Blanc, Friese, Longdon, Salman, Terán |
AN ACT
amending title
36, Arizona Revised Statutes, by adding chapter 16; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 16, to read:
CHAPTER 16
BODY ART ESTABLISHMENTS
ARTICLE 1. GENERAL PROVISIONS
36-1801. Definitions
In this article, unless the context otherwise
requires:
1. "Body art":
(a) Means the
practice of physical body adornment by body piercing, tattooing, cosmetic
tattooing, permanent skin coloring, branding and scarification.
(b) Does
not include practices that are any of the following:
(i) Considered
by a state medical board to be medical procedures.
(ii) Noninvasive
forms of painting through the use of dyes or inks.
(iii) Considered
by the board of cosmetology to be aesthetics, cosmetology or nail technology.
2. "Body art establishment"
means any place where body art is performed, whether or not for profit, under
the direction of a body art establishment operator.
3. "Body art establishment
employee" means a person who practices body art at a body art
establishment under the direction of a body art establishment operator.
4. "Body art establishment
Operator" means a person who controls, operates, manages or practices body
art activities at a body art establishment.
5. "Body piercing" means
puncturing or penetrating a person's skin with a needle or sharpened jewelry
and inserting jewelry or another adornment in the opening. Body piercing includes ear piercing.
6. "Ear piercing" means the
puncturing of the outer perimeter or lobe of the ear with a needle.
7. "Local public health
department" means a local health department established pursuant to
chapter 1, article 4 of this title or a county environmental department.
8. "Tattooing" means any method of placing ink or other pigment into or under the skin or mucosa to permanently color the skin or mucosa by using a needle or any other instrument to puncture the skin. Tattooing includes all forms of cosmetic tattooing and permanent skin coloring such as eyeliner, eyebrows, lip liner, full lip color, repigmentation or camouflage.
36-1802. Certificates of operation; application; fees; posting
A. Beginning January 1, 2022, a body
art establishment operator who wishes to operate a body art establishment shall
have a current certificate of operation issued by a local public health
department. A body art establishment operator who wishes to operate
more than one body art establishment shall have a separate certificate of
operation for each establishment.
B. A local public health department
may establish fees relating to body art establishment certificates of operation.
C. An applicant for a certificate of
operation shall file a completed application as required by the local public
health department and shall include the application fee as prescribed by the
local public health department.
D. A certificate of operation issued
pursuant to this section is not transferable.
E. The body art establishment operator shall post the certificate of operation and a report of the most recent inspection, if applicable, in a prominent and conspicuous area where clients may readily observe them.
36-1803. Minimum standards for operation; county rules
A. The local public health department
shall adopt rules that prescribe minimum standards regarding all of the
following that each body art establishment must comply with as a condition of
operation:
1. Sanitation.
2. Pest control.
3. Proper disposal of equipment and
bodily fluids.
4. Sterilization of equipment and surface
areas.
5. Recordkeeping and other business
procedures.
6. Body art establishment employee
requirements.
7. A requirement for annual training
on bloodborne pathogens that includes at least the following:
(a) Training
conducted by a person or persons who are knowledgeable in exposure control and
infection prevention in the body art setting and who are approved by the local
public health department.
(b) Training
and training materials specific to performing body art that include a copy of
the occupational safety and health administration bloodborne pathogens standard
(29 Code of Federal Regulations section 1910.1030) and a copy and explanation
of applicable county, city or town ordinances that pertain to bloodborne
pathogens transmission control in body art.
(c) A
discussion of the transmission, control and symptoms of diseases that are
caused by bloodborne pathogens and the types and uses of personal protective
equipment, such as disposable gloves, including an explanation of the limits of
the equipment.
(d) Information
on signage required for biohazard materials and the importance of properly
labeling chemicals and supplies.
B. A county that regulates body art establishments shall adopt standards that are at least as stringent as those prescribed in subsection A of this section.
36-1804. Investigations; inspections; penalties
A. To determine compliance with the
requirements of this article, a local public health department may receive and
investigate complaints, initiate and conduct investigations and enter and
inspect a body art establishment or temporary body art establishment during
business hours.
B. If the local public health department
believes, pursuant to an inspection or investigation, that a body art
establishment operator is in violation of this article or rules adopted by the
local public health department, the local public health department may do any
of the following:
1. If the local public health
department determines that the violation does not pose a risk to the public
health or safety, notify the body art establishment operator in writing of its
findings and instruct the operator to take specific steps to correct the
violation within a reasonable time.
2. Issue a cease and desist order.
3. Impose a civil penalty as
prescribed by ordinance for each violation of this article. In
addition, the local public health department may assess and collect the
reasonable costs incurred in a disciplinary hearing if action is taken against
a person's certificate of operation.
4. Accept the voluntary surrender of
a certificate of operation.
5. If the local public health department determines that the public health or safety requires immediate action, order the summary suspension of a certificate of operation or the restriction of the body art establishment operator's business operation pending a hearing.
36-1805. Local government regulation
A. This article does not prohibit a
city, town or county from adopting and enforcing ordinances affecting body art
establishments, locations or settings in which individuals, entities or
businesses engage in the practice of body art.
B. A city, town or county may impose
ordinances that are more stringent than the rules adopted by the local public
health department pursuant to this article.