Bill Text: FL S0942 | 2010 | Regular Session | Comm Sub

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Bill Title: Practice of Tattooing [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-30 - Placed on Special Order Calendar; Read 2nd time -SJ 01246; Substituted CS/HB 729 -SJ 01246; Laid on Table, companion bill(s) passed, see CS/HB 729 (Ch. 2010-220) -SJ 01246 [S0942 Detail]

Download: Florida-2010-S0942-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 942 
 
By the Committee on Health Regulation; and Senator Sobel 
588-03213A-10                                          2010942c1 
1                        A bill to be entitled 
2         An act relating to the practice of tattooing; creating 
3         s. 381.00771, F.S.; defining terms; creating s. 
4         381.00773, F.S.; exempting certain personnel who 
5         perform tattooing for medical or dental purposes from 
6         regulation under specified provisions; creating s. 
7         381.00775, F.S.; prohibiting the practice of tattooing 
8         except by a person licensed or registered by the 
9         Department of Health; requiring tattoo artists to 
10         complete an education course and pass an examination; 
11         providing for the licensure of tattoo artists and the 
12         registration of guest tattoo artists licensed in 
13         jurisdictions outside this state; creating s. 
14         381.00777, F.S.; requiring the licensure of permanent 
15         tattoo establishments and temporary establishments; 
16         creating s. 381.00779, F.S.; providing practice 
17         requirements for tattoo artists, guest tattoo artists, 
18         tattoo establishments, and temporary establishments; 
19         requiring the department to inspect the establishments 
20         at specified intervals; creating s. 381.00781, F.S.; 
21         providing for fees for initial licensure or 
22         registration and the renewal or reactivation thereof; 
23         authorizing the adjustment of fees according to 
24         inflation or deflation; creating s. 381.00783, F.S.; 
25         specifying acts that constitute grounds for which the 
26         department may take disciplinary action; providing 
27         penalties; creating s. 381.00785, F.S.; providing 
28         penalties for certain violations involving the 
29         practice of tattooing; transferring, renumbering, and 
30         amending s. 877.04, F.S.; prohibiting the tattooing of 
31         a minor child except under certain circumstances; 
32         providing penalties; providing exceptions; creating s. 
33         381.00789, F.S.; requiring the department to adopt 
34         rules to administer the act; creating s. 381.00791, 
35         F.S.; providing that specified provisions do not 
36         preempt certain local laws and ordinances; providing 
37         an effective date. 
38 
39  Be It Enacted by the Legislature of the State of Florida: 
40 
41         Section 1. Section 381.00771, Florida Statutes, is created 
42  to read: 
43         381.00771 Definitions of terms used in ss. 381.00771 
44  381.00791.—As used in ss. 381.00771-381.00791, the term: 
45         (1) “Active license or registration” means a current 
46  license or registration issued by the department that is not 
47  suspended or revoked. 
48         (2) “Department” means the Department of Health. 
49         (3) “Guest tattoo artist” means a person who is licensed, 
50  registered, or certified to practice tattooing in a jurisdiction 
51  outside of this state who is registered with the department to 
52  practice tattooing in this state. 
53         (4) “Operator” means a person designated by a tattoo 
54  establishment or temporary establishment to control the 
55  operation of the establishment. 
56         (5) “Stop-use order” means a written notice from the 
57  department to a licensee or registrant requiring him or her to 
58  remove any tattooing equipment or supplies, or cease conducting 
59  any particular procedures, because the equipment or supplies are 
60  not being used or the procedures are not being conducted in 
61  accordance with ss. 381.00771-381.00791 or any rule adopted 
62  under those sections. 
63         (6) “Tattoo” means a mark or design made on or under the 
64  skin of a human being by a process of piercing and ingraining a 
65  pigment, dye, or ink in the skin. 
66         (7) “Tattoo artist” means a person licensed under ss. 
67  381.00771-381.00791 to practice tattooing. 
68         (8) “Tattoo establishment” means any permanent location, 
69  place, area, structure, or business where tattooing is 
70  performed. 
71         (9) “Temporary establishment” means any location, place, 
72  area, or structure where tattooing is performed during, and in 
73  conjunction with, a convention or other similar event that does 
74  not exceed 14 consecutive days. 
75         Section 2. Section 381.00773, Florida Statutes, is created 
76  to read: 
77         381.00773 Application of ss. 381.00771-381.00791; 
78  exemption.— 
79         (1) Except for s. 381.00787, which applies to all persons, 
80  ss. 381.00771-381.00791 do not apply to a person licensed to 
81  practice medicine or dentistry under chapter 458, chapter 459, 
82  or chapter 466 who performs tattooing exclusively for medical or 
83  dental purposes. 
84         (2) Sections 381.00771-381.00791 apply exclusively to the 
85  tattooing of human beings and do not apply to the tattooing of 
86  any animal. 
87         Section 3. Section 381.00775, Florida Statutes, is created 
88  to read: 
89         381.00775 Tattoo artists; licensure; registration of guest 
90  tattoo artists.— 
91         (1) Except as provided in s. 381.00773, a person may not 
92  tattoo the body of any human being in this state unless the 
93  person is licensed as a tattoo artist or registered as a guest 
94  tattoo artist under this section. 
95         (2)(a) A person seeking licensure as a tattoo artist must 
96  apply to the department in the format prescribed by the 
97  department. An application must include: 
98         1. The name and residence address of the applicant. 
99         2. The name and street address of each tattoo establishment 
100  and temporary establishment at which the applicant intends to 
101  practice tattooing in this state. 
102         (b) The department shall issue a license to an applicant 
103  who: 
104         1. Is 18 years of age or older. 
105         2. Submits a completed application. 
106         3. Pays the applicable license fee established in s. 
107  381.00781. 
108         4. Submits proof of successful completion of an education 
109  course approved by the department on blood-borne pathogens and 
110  communicable diseases. 
111         5. Submits proof of passage of an examination approved by 
112  the department on the material presented in the education 
113  course. 
114         (c) The department shall approve one or more education 
115  courses and examinations that allows a person to complete the 
116  requirements of subparagraphs (b)4. and 5. in person or through 
117  an Internet website. 
118         (d) A tattoo artist must, within 30 days after a change, 
119  notify the department of any change in the following information 
120  disclosed in his or her most recent application for issuance or 
121  renewal of his or her tattoo artist license in the format 
122  prescribed by the department: 
123         1. The name and residence address of the tattoo artist. 
124         2. The name and street address of each tattoo establishment 
125  in this state at which the tattoo artist has practiced tattooing 
126  for more than 14 days since the most recent renewal of his or 
127  her tattoo artist license or, if the license has not been 
128  renewed, since the license was issued. 
129         (3)(a) A person seeking registration as a guest tattoo 
130  artist must apply to the department in the format prescribed by 
131  the department. An application must include: 
132         1. The name and residence address of the applicant. 
133         2. The name and street address of each tattoo establishment 
134  and temporary establishment at which the applicant will practice 
135  under the guest tattoo artist registration. 
136         (b) The department shall issue a guest tattoo artist 
137  registration to an applicant who: 
138         1. Is 18 years of age or older. 
139         2. Submits a completed application. 
140         3. Pays the applicable registration fee established in s. 
141  381.00781. 
142         4. Holds an active license, registration, or certification 
143  issued by a jurisdiction outside this state, whether by another 
144  state, the District of Columbia, any possession or territory of 
145  the United States, or any foreign jurisdiction, if: 
146         a. The education and examination requirements of the 
147  license, registration, or certification substantially meet or 
148  exceed the requirements of subparagraphs (2)(b)4. and 5.; or 
149         b. The applicant submits proof of successful completion of 
150  an education course approved by the department under 
151  subparagraph (2)(b)4. and proof of passage of an examination 
152  approved by the department under subparagraph (2)(b)5. 
153         (4)(a) A tattoo artist license is valid for 1 year and must 
154  be renewed annually. 
155         (b) A guest tattoo artist registration is valid for 14 
156  days. A guest tattoo artist may apply for reregistration before 
157  or after expiration of his or her current registration. 
158         (5) A license or registration issued by the department 
159  under this section is not transferable. 
160         Section 4. Section 381.00777, Florida Statutes, is created 
161  to read: 
162         381.00777 Tattoo establishments; licensure; temporary 
163  establishments.— 
164         (1)(a) Except as provided in s. 381.00773, a person may not 
165  tattoo the body of any human being in this state except in a 
166  tattoo establishment or temporary establishment licensed under 
167  this section. 
168         (b) A person may not operate a tattoo establishment or 
169  temporary establishment in this state unless the establishment 
170  is licensed under this section. 
171         (2) A person seeking licensure of a tattoo establishment 
172  must apply to the department in the format prescribed by the 
173  department. An application must include: 
174         (a) The registered business name, including any fictitious 
175  names under which the tattoo establishment conducts business in 
176  the state. 
177         (b) The street address and telephone number of the tattoo 
178  establishment. 
179         (c) The name, mailing address, and telephone number of the 
180  tattoo establishment’s operator. 
181         (d) The name and address of the tattoo establishment’s 
182  registered agent for service of process in the state. 
183         (3) The department shall issue a tattoo establishment 
184  license to an applicant, if: 
185         (a) The applicant submits a completed application. 
186         (b) The applicant pays the applicable license fee 
187  established in s. 381.00781. 
188         (c) The establishment complies with all applicable local 
189  building, occupational, zoning, and health codes. 
190         (4) A temporary establishment must meet the same 
191  requirements for licensure as a permanent tattoo establishment. 
192         (5)(a) A license is valid only for the location listed on 
193  the license. A tattoo establishment must notify the department 
194  in the format prescribed by the department before any change of 
195  the licensed location. A tattoo establishment with more than one 
196  location must obtain a separate license for each location. 
197         (b) A tattoo establishment license is valid for 1 year and 
198  must be renewed annually. 
199         (c) A temporary establishment license is valid for the 
200  duration of a convention or other similar event for which the 
201  license is issued not to exceed 14 consecutive days. 
202         (6) A license issued by the department under this section 
203  is not transferable. 
204         Section 5. Section 381.00779, Florida Statutes, is created 
205  to read: 
206         381.00779 Practice requirements.— 
207         (1) A tattoo establishment or temporary establishment must: 
208         (a) Display an active license for the establishment in a 
209  manner that is easily visible to the public at all times while 
210  tattooing is performed in the establishment. 
211         (b) Ensure that each tattoo artist and guest tattoo artist, 
212  while practicing tattooing in the establishment, meets all 
213  applicable requirements of ss. 381.00771-381.00791. 
214         (c) Maintain sanitary conditions at all times in the 
215  establishment. 
216         (d) Comply with all state and local health codes and 
217  ordinances. 
218         (e) Allow the department to inspect the establishment 
219  pursuant to subsection (4). 
220         (f) Comply with s. 381.0098 and rules adopted under that 
221  section. 
222         (2) A tattoo artist or guest tattoo artist must: 
223         (a) Display his or her active license in a manner that is 
224  easily visible to the public at all times while practicing 
225  tattooing. 
226         (b) Practice tattooing exclusively in an establishment 
227  licensed under ss. 381.00771-381.00791. 
228         (c) Maintain sanitary conditions at all times in an 
229  establishment. 
230         (d) Comply with all state and local health codes and 
231  ordinances. 
232         (3) A tattoo artist or guest tattoo artist may tattoo the 
233  body of a minor child only to the extent authorized in s. 
234  381.00787. A tattoo establishment or temporary establishment 
235  must keep, for the period prescribed by the department, each 
236  written notarized consent submitted under s. 381.00787(3)(c) by 
237  the parent or legal guardian of a minor child who is tattooed in 
238  the establishment. 
239         (4) The department may inspect and investigate each tattoo 
240  establishment and temporary establishment as necessary to ensure 
241  compliance with ss. 381.00771-381.00791. However, the department 
242  shall inspect each tattoo establishment at least annually and 
243  shall inspect each temporary establishment before and, as 
244  necessary, during a convention or similar event with which the 
245  establishment is connected. 
246         Section 6. Section 381.00781, Florida Statutes, is created 
247  to read: 
248         381.00781 Fees; disposition.— 
249         (1) The department shall establish by rule the following 
250  fees: 
251         (a) Fee for the initial licensure of a tattoo establishment 
252  and the renewal of such license, which, except as provided in 
253  subsection (2), may not exceed $250 per year. 
254         (b) Fee for licensure of a temporary establishment, which, 
255  except as provided in subsection (2), may not exceed $250. 
256         (c) Fee for the initial licensure of a tattoo artist and 
257  the renewal of such license, which, except as provided in 
258  subsection (2), may not exceed $150 per year. 
259         (d) Fee for registration or reregistration of a guest 
260  tattoo artist, which, except as provided in subsection (2), may 
261  not exceed $45. 
262         (e) Fee for reactivation of an inactive tattoo 
263  establishment license or tattoo artist license. A license 
264  becomes inactive if it is not renewed before the expiration of 
265  the current license. 
266         (2) The department may annually adjust the maximum fees 
267  authorized under subsection (1) according to the rate of 
268  inflation or deflation indicated by the Consumer Price Index for 
269  All Urban Consumers, U.S. City Average, All Items, as reported 
270  by the United States Department of Labor. 
271         Section 7. Section 381.00783, Florida Statutes, is created 
272  to read: 
273         381.00783 Grounds for discipline; administrative 
274  penalties.— 
275         (1) The following acts constitute grounds for which 
276  disciplinary action specified in subsection (2) may be taken by 
277  the department against any tattoo establishment, temporary 
278  establishment, tattoo artist, guest tattoo artist, operator of a 
279  tattoo establishment, or unlicensed person engaged in activities 
280  regulated under ss. 381.00771-381.00791: 
281         (a) Providing false information on an application for 
282  licensure or registration. 
283         (b) Violating a state or local health code or ordinance. 
284         (c) Violating any provision of ss. 381.00771-381.00791, 
285  rule adopted under those sections, or lawful order of the 
286  department. 
287         (d) Being found guilty of or pleading nolo contendere to, 
288  regardless of adjudication, a crime in any jurisdiction which 
289  relates to the practice of tattooing or the operation of a 
290  tattoo establishment or temporary establishment. 
291         (e) Committing fraud, deceit, negligence, or misconduct in 
292  the practice of tattooing or the operation of a tattoo 
293  establishment or temporary establishment. 
294         (f) Aiding, procuring, or assisting a person to unlawfully 
295  practice tattooing or unlawfully operate a tattoo establishment 
296  or temporary establishment. 
297         (g) Failing to keep the written notarized consent of the 
298  parent or legal guardian of a minor child who is tattooed in a 
299  tattoo establishment or temporary establishment for the period 
300  specified pursuant to s. 381.00779(3) or knowingly making false 
301  entries in a parent’s or legal guardian’s written notarized 
302  consent. 
303         (2) When the department determines that a person commits 
304  any of the acts set forth in subsection (1), the department may 
305  enter an order imposing one or more of the following penalties: 
306         (a) Refusal to issue a license or registration or renew a 
307  license. 
308         (b) Suspension or revocation of a license or registration. 
309         (c) Imposition of an administrative fine not to exceed 
310  $1,500 for each count or separate violation. 
311         (d) Issuance of a reprimand. 
312         (e) Placement of the licensee or registrant on probation 
313  for a specified period and subject to the conditions that the 
314  department may specify. 
315         (f) Issuance of a stop-use order. 
316         (g) Corrective action. 
317         (3) The department shall impose stricter penalties for the 
318  repetition of violations and as the severity of violations 
319  escalate, distinguishing lesser violations from those that 
320  endanger the public health. 
321         (4) Disciplinary proceedings shall be conducted as provided 
322  in chapter 120. 
323         Section 8. Section 381.00785, Florida Statutes, is created 
324  to read: 
325         381.00785 Criminal penalties.— 
326         (1) A person may not: 
327         (a) Operate a tattoo establishment or temporary 
328  establishment in this state without a license. 
329         (b) Practice tattooing in this state without a tattoo 
330  artist license or guest tattoo artist registration, except as 
331  provided in s. 381.00773. 
332         (c) Practice tattooing in this state at any place other 
333  than a tattoo establishment or temporary establishment, except 
334  as provided in s. 381.00773. 
335         (d) Obtain or attempt to obtain a license or registration 
336  by means of fraud, misrepresentation, or concealment. 
337         (2) A person who violates this section commits a 
338  misdemeanor of the second degree, punishable as provided in s. 
339  775.082 or s. 775.083. 
340         Section 9. Section 877.04, Florida Statutes, is 
341  transferred, renumbered as section 381.00787, Florida Statutes, 
342  and amended to read: 
343         381.00787 877.04 Tattooing prohibited; penalty.— 
344         (1) A It is unlawful for any person may not to tattoo the 
345  body of a minor child younger than 16 years of age unless the 
346  any human being; except that tattooing is may be performed for 
347  medical or dental purposes by a person licensed to practice 
348  medicine or dentistry under chapter chapters 458, chapter and 
349  459, or chapter 466, or by a person under his or her general 
350  supervision as defined by the Board of Medicine. 
351         (2) Any person who violates the provisions of this section 
352  shall be guilty of a misdemeanor of the second degree, 
353  punishable as provided in s. 775.082 or s. 775.083. 
354         (3) A person may not tattoo the No body of a minor child 
355  who is at least 16 years of age, but younger than 18 years of 
356  age, unless: 
357         (a) The minor child is accompanied by his or her parent or 
358  legal guardian; 
359         (b) The minor child and his or her parent or legal guardian 
360  each submit proof of his or her identity by producing a 
361  government-issued photo identification; 
362         (c) The parent or legal guardian submits his or her shall 
363  be tattooed without the written notarized consent in the format 
364  prescribed by the department; of the parent or legal guardian. 
365         (d) The parent or legal guardian submits proof that he or 
366  she is the parent or legal guardian of the minor child; and 
367         (e) The tattooing is performed by a tattoo artist or guest 
368  tattoo artist licensed under ss. 381.00771-381.00791 or a person 
369  licensed to practice medicine or dentistry under chapter 458, 
370  chapter 459, or chapter 466. 
371         (4) A person who violates this section commits a 
372  misdemeanor of the second degree, punishable as provided in s. 
373  775.082 or s. 775.083. However, a person who tattoos the body of 
374  a minor child younger than 18 years of age does not violate this 
375  section, if: 
376         (a) The person carefully inspects what appears to be a 
377  government-issued photo identification that represents that the 
378  minor child is 18 years of age or older. 
379         (b) The minor child falsely represents himself or herself 
380  as being 18 years of age or older and presents a fraudulent 
381  identification. 
382         (c) A reasonable person of average intelligence would 
383  believe that the minor child is 18 years of age or older and 
384  that the photo identification is genuine, was issued to the 
385  minor child, and truthfully represents the minor child’s age. 
386         Section 10. Section 381.00789, Florida Statutes, is created 
387  to read: 
388         381.00789 Rulemaking.—The department shall adopt rules to 
389  administer ss. 381.00771-381.00791. Such rules may include, but 
390  are not limited to, rules defining terms; prescribing 
391  educational requirements for tattoo artists and guest tattoo 
392  artists, health and safety requirements, sanitation practices, 
393  and sterilization requirements and procedures; and providing 
394  requirements for tattoo equipment, customer notification, the 
395  contents of customer records, the retention of records, and 
396  physical plants. The department shall consult with 
397  representatives of the tattooing industry in this state during 
398  the development of such rules. 
399         Section 11. Section 381.00791, Florida Statutes, is created 
400  to read: 
401         381.00791 Local laws and ordinances.—Sections 381.00771 
402  381.00791 do not preempt any local law or ordinance of a county 
403  or municipality that imposes regulations on tattoo 
404  establishments, temporary establishments, tattoo artists, or the 
405  practice of tattooing which are in addition to those sections. 
406         Section 12. This act shall take effect January 1, 2012.