Bill Text: IL HB3375 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Tattoo and Body Piercing Establishment Registration Act. Defines "person". Provides that the Department of Public Health is authorized to establish and assess penalties or fines against any person who violates the Act or rules adopted under the Act (instead of "a registrant for violations of this Act or regulations adopted under this Act"). Throughout the Act, replaces references to "owner" with "operator". Provides that the operator of an establishment (rather than "an establishment") must meet specified operating requirements. Provides that the Department of Public Health may assess a late fee if the renewal application and renewal fee are not submitted on or before the registration expiration date. Provides that in no circumstance will any penalties or fines exceed $1,000 per day for each day the violation continues (instead of "for each day the registrant remains in violation").

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2015-07-23 - Public Act . . . . . . . . . 99-0117 [HB3375 Detail]

Download: Illinois-2015-HB3375-Chaptered.html

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Public Act 099-0117
HB3375 Enrolled LRB099 00331 HEP 20337 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Tattoo and Body Piercing Establishment
Registration Act is amended by changing Sections 10, 15, 25,
35, 40, and 80 as follows:
(410 ILCS 54/10)
Sec. 10. Definitions. In this Act:
"Aseptic technique" means a practice that prevents and
hinders the transmission of disease-producing microorganisms
from one person or place to another.
"Body piercing" means penetrating the skin to make a hole,
mark, or scar that is generally permanent in nature. "Body
piercing" does not include practices that are considered
medical procedures or the puncturing of the outer perimeter or
lobe of the ear using a pre-sterilized, single-use stud and
clasp ear piercing system.
"Client" means the person, customer, or patron whose skin
will be tattooed or pierced.
"Communicable disease" means a disease that can be
transmitted from person to person directly or indirectly,
including diseases transmitted via blood or body fluids.
"Department" means the Department of Public Health or other

health authority designated as its agent.
"Director" means the Director of Public Health or his or
her designee.
"Establishment" means a body-piercing operation, a
tattooing operation, or a combination of both operations in a
multiple-type establishment.
"Ink cup" means a small container for an individual portion
of pigment that may be installed in a holder or palette and in
which a small amount of pigment of a given color is placed.
"Multi-type establishment" means an operation encompassing
both body piercing and tattooing on the same premises and under
the same management.
"Person" means any individual, group of individuals,
association, trust, partnership, corporation, or limited
liability company.
"Procedure area" means the immediate area where
instruments and supplies are placed during a procedure.
"Operator" means an individual, partnership, corporation,
association, or other entity engaged in the business of owning,
managing, or offering services of body piercing or tattooing.
"Sanitation" means the effective bactericidal and
veridical treatment of clean equipment surfaces by a process
that effectively destroys pathogens.
"Single use" means items that are intended for one time and
one person use only and are to then be discarded.
"Sterilize" means to destroy all living organisms

including spores.
"Tattooing" means making permanent marks on the skin of a
live human being by puncturing the skin and inserting indelible
colors. "Tattooing" includes imparting permanent makeup on the
skin, such as permanent lip coloring and permanent eyeliner.
"Tattooing" does not include any of the following:
(1) The practice of electrology as defined in the
Electrology Licensing Act.
(2) The practice of acupuncture as defined in the
Acupuncture Licensing Act.
(3) The use, by a physician licensed to practice
medicine in all its branches, of colors, dyes, or pigments
for the purpose of obscuring scar tissue or imparting color
to the skin for cosmetic, medical, or figurative purposes.
(Source: P.A. 94-1040, eff. 7-1-07.)
(410 ILCS 54/15)
Sec. 15. Registration required.
(a) A certificate of registration issued by the Department
shall be required prior to the operation of any establishment
or multi-type establishment. The operator owner of the facility
shall file an application for a certificate of registration
with the Department that shall be accompanied by the requisite
fee, as determined by the Department, and include all of the
following information:
(1) The applicant's (operator) (owner) name, address,

telephone number, and age. In order to qualify for a
certificate of registration under this Act, an applicant
must be at least 18 years of age.
(2) The name, address, and phone number of the
establishment.
(3) The type and year of manufacture of the equipment
proposed to be used for tattooing or body piercing.
(4) The sterilization and operation procedures to be
used by the establishment.
(5) Any other information required by the Department.
(b) If the operator owner owns or operates more than one
establishment, the operator owner shall file a separate
application for each facility owned or operated.
(Source: P.A. 94-1040, eff. 7-1-07.)
(410 ILCS 54/25)
Sec. 25. Operating requirements. All establishments
registered under this Act must comply with the following
requirements:
(1) The operator of an An establishment must ensure
that all body piercing and tattooing procedures are
performed in a clean and sanitary environment that is
consistent with sanitation techniques established by the
Department.
(2) The operator of an An establishment must ensure
that all body piercing and tattooing procedures are

performed in a manner that is consistent with an aseptic
technique established by the Department.
(3) The operator of an An establishment must ensure
that all equipment and instruments used in body piercing
and tattooing procedures are either single use and
pre-packaged instruments or in compliance with
sterilization techniques established by the Department.
(4) The operator of an An establishment must ensure
that single use ink is used in all tattooing procedures.
(Source: P.A. 94-1040, eff. 7-1-07.)
(410 ILCS 54/35)
Sec. 35. Expiration and renewal of registration; display.
(a) A certificate of registration issued under this Act
shall expire and may be renewed annually. The Department may
assess a late fee if the renewal application and renewal fee
are not submitted on or before the registration expiration
date. The Department shall by rule determine the amount of the
fee assessed under this subsection (a).
(b) Registration is valid for a single location and only
for the operator named on the certificate. Registration is not
transferable.
(c) The certificate of registration issued by the
Department shall be conspicuously displayed within the sight of
clients upon entering the establishment.
(Source: P.A. 94-1040, eff. 7-1-07.)

(410 ILCS 54/40)
Sec. 40. Change of operator ownership. In the event of a
change of operator ownership, the new operator owner must apply
for a certificate of registration prior to taking possession of
the property. A provisional certificate of registration may be
issued by the Department until an initial inspection for a
certificate of registration can be performed by the Department
or its designee.
(Source: P.A. 94-1040, eff. 7-1-07.)
(410 ILCS 54/80)
Sec. 80. Penalties; fines. The Department is authorized to
establish and assess penalties or fines against any person who
violates this Act or rules adopted a registrant for violations
of this Act or regulations adopted under this Act. In no
circumstance will any penalties or fines exceed $1,000 per day
for each day the registrant remains in violation continues.
(Source: P.A. 94-1040, eff. 7-1-07.)