Current Status Introducing Body:House Bill Number:3857 Primary Sponsor:R. Young Committee Number:27 Type of Legislation:GB Subject:Tattoo artists and parlors Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Date Tabled:Apr 14, 1992 Computer Document Number:DKA/3316.AC Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Apr 14, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:R. Young Holt Rama Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3857 House Apr 14, 1992 Tabled in Committee 27
3857 House Apr 11, 1991 Introduced, read first time, 27
referred to Committee
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TO DESIGNATE SECTIONS 44-29-10 THROUGH 44-29-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, CHAPTER 29, TITLE 44 TO BE ENTITLED "GENERAL PROVISIONS"; TO REDESIGNATE SECTION 44-29-230 AS SECTION 44-29-147; TO DESIGNATE SECTIONS 44-29-60 THROUGH 44-29-147 AS ARTICLE 3, CHAPTER 29 OF TITLE 44 TO BE ENTITLED "SEXUALLY TRANSMITTED DISEASES"; TO DESIGNATE SECTIONS 44-29-150 THROUGH 44-29-210 AS ARTICLE 5, CHAPTER 29 OF TITLE 44 TO BE ENTITLED "SCHOOL HEALTH AND IMMUNIZATIONS"; TO AMEND CHAPTER 29, OF TITLE 44 BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 44-29-10 through 44-29-50 of the 1976 Code are designated Article 1, Chapter 29, Title 44 of the 1976 Code to be entitled "General Provisions".
SECTION 2. Section 44-29-230 of the 1976 Code is redesignated as Section 44-29-147 of the 1976 Code.
SECTION 3. Sections 44-29-60 through 44-29-147 of the 1976 Code are designated Article 3, Chapter 29, Title 44 of the 1976 Code to be entitled "Sexually Transmitted Diseases".
SECTION 4. Sections 44-29-150 through 44-29-210 of the 1976 Code are designated Article 5, Chapter 29, Title 44 of the 1976 Code to be entitled "School Health and Immunizations".
SECTION 5. Chapter 29, Title 44 of the 1976 Code is amended by adding:
Section 44-29-410. As used in this chapter:
(1) `Antiseptic technique' means the practice of prevention of infection by inhibiting the growth of infectious agents and the transmission of infectious agents from one person or place to another person or place.
(2) `Commissioner' means the commissioner of the South Carolina Department of Health and Environmental Control.
(3) `Communicable disease' means a disease caused by an infectious agent which may be transmitted directly or indirectly from one individual to another.
(4) `Person' means an individual, trust or estate, partnership, corporation, or association.
(5) `Department' means the South Carolina Department of Health and Environmental Control.
(6) `Tattoo' or `tattooing' means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.
(7) `Tattoo parlor' means an establishment operated by a person for the purpose of offering or performing tattooing.
(8) `Tattoo artist' means an individual who offers or performs tattooing.
Section 44-29-420. (A) No person may engage in tattooing or hold himself out as a tattoo artist in this State unless registered with the department pursuant to this section.
(B) In order to register as a tattoo artist in this State a person must:
(1) be over eighteen years of age;
(2) be of good moral character;
(3) for initial registration, submit to an inspection conducted by the department to test the applicant's fitness to perform tattooing by demonstrating knowledge of antiseptic techniques used in tattooing. The inspection must test the applicant's knowledge and practices of infection control and any other areas considered necessary by the department.
(C) Application for registration must be made on forms provided by the department, including a request for inspection form for first-time registrants and those who have allowed their registration to lapse, which must be completed and submitted to the department. The application must be accompanied by:
(1) for those born in the United States, a certified copy of the applicant's birth certificate; for those born outside the United States, proof of lawful entry into the United States;
(2) a registration fee of fifty dollars;
(3) a recent identification photograph of the applicant, head and shoulders, front view, approximately two by three inches in size;
(4) a completed `Inspection Request' form. The inspection must be completed within sixty days of submitting the request.
Section 44-29-430. (A) The department shall issue to applicants who have met satisfactorily the application requirements of Section 44-29-420, a registration as a tattoo artist in this State. This registration, unless suspended or revoked, expires on December thirty-first of each year.
(B) On or before the first day of November in each year, an application for renewal of registration must be mailed to every person to whom a registration has been issued during the current year. Every person registered who desires to renew his registration must file with the department the renewal application and pay a renewal fee of fifty dollars before December thirty-first.
(C) A registrant who allows his registration to lapse may be reinstated by submitting to the department an application and accompanying documents as required in Section 44-29-420.
Section 44-29-440. A tattoo artist shall prevent the transmission of communicable disease in performing tattooing and shall maintain the following minimal standards:
(1) Before working on each patron, a tattoo artist shall clean his own fingernails with a brush and shall wash and scrub his hands thoroughly with hot running water, using soap from a dispenser. A tattoo artist must wear a clean outer garment.
(2) Follow these tattooing procedures:
(a) The area of the body to be tattooed and all parts of the body which are visible must be examined for signs of intravenous drug use, open sores, lesions, oozing wounds, and skin diseases. If any are found or suspected, the person must not be tattooed.
(b) The skin must be prepared first by thorough soaping with an antiseptic soap. After the skin is shaved it also must be prepared by soaping and further disinfecting with an antiseptic solution such as seventy percent alcohol. Shaving must be done with a single use razor blade or razor.
(c) Following the cleansing of the patron's skin the tattoo artist shall wash and scrub his hands again in the manner prescribed in subitem (a). Before placing the design on the patron's skin, the tattoo artist shall treat the skin area with seventy percent alcohol which must be applied with sterile cotton or sterile gauze.
(d) The stencil for transferring the design to the skin must be cleansed and rinsed thoroughly in a germicidal solution according to the manufacturer's recommendations and then must be dried with sterile gauze or air dried before each use. After the stencil is applied the tattoo artist shall put on disposable gloves which must be used for a single tattooing procedure only.
(e) As the tattoo operation progresses any excess dye or pigment applied to the skin must be removed with sterile, lint-free material.
(f) Excess dye or pigment must be removed from the completed tattoo with sterile material saturated with germicidal solution. It must be allowed to dry. After drying a sterile lubricant must be applied from a collapsible metal or plastic tube and the entire area covered with a piece of sterile gauze.
(3) In preparing dyes or pigments nontoxic materials must be used. Single use, sterile, individual containers for dyes or pigments must be used for each patron. After tattooing the remaining unused dye or pigment must be discarded. The individual container must be resterilized in accordance with item (6) or discarded. All dyes used in tattooing must be manufactured for the purpose of tattooing and used without adulteration of the original formula.
(4) The following equipment must be used:
(a) A set of individual, single-use sterilized needle bars must be used for each patron. The open end of the needle tube of the tattooing machine must be cleaned and sterilized in an approved manner as set forth in item (6) before each use.
(b) The needle bars and tubes must be cleaned by use of an ultrasonic cleaner and sterilized. All equipment must be immersed for five minutes. Ultrasonic cleaning tank detergent must be changed daily. The tank must be scrubbed thoroughly with isopropyl alcohol between detergent changes.
(c) Not less than twenty-four sets of sterilized needles and tubes or tips must be on hand for each operator for the entire day or night operation.
(d) Storage cabinets must be maintained in a sanitary condition and all instruments, dyes, pigments, stencils, and other equipment when not in use must be stored in an orderly manner.
(5) Before tattooing another patron work surfaces must be cleaned with a germicidal solution.
(6) These sterilization procedures must be followed:
(a) Operational sterilizers must be provided in each tattoo parlor. All needle bars, grips, and tubes must be sterilized after each use by autoclaving under fifteen pounds of pressure for fifteen minutes. Temperature used in the autoclave must not be less than two hundred fifty degrees Fahrenheit or one hundred twenty-one degrees Celsius or according to manufacturer's specifications.
(b) The sterilizing date must be noted and evidence of sterilization must be demonstrated by color indicator or equivalent. Packs must be resterilized or used within thirty days.
(7) Immediately after tattooing the tattoo artist shall advise the patron verbally and in writing on the care of the tattoo and shall instruct the patron to consult a physician at the first sign of infection in the area of the tattoo.
Section 44-29-450. (A) No person, acting severally or jointly with any other person, may conduct, maintain, or operate a tattoo parlor in this State unless registered with the department pursuant to Section 44-29-460.
(B) No person, firm, partnership, or corporation may describe its services in any manner using the term or any form of the term `tattoo' unless the services are performed in a parlor that is registered with the department.
Section 44-29-460. (A) Application for a registration to conduct, maintain, or operate a tattoo parlor must be made in writing on forms provided by the department and must be submitted at least sixty days before the opening or the operation of the tattoo parlor.
(B) The application for registration must include the proposed location and address of the place of business and the name and address of the owner and manager with the following documentation:
(1) written proof that the owner and manager are at least eighteen years of age;
(2) criminal convictions, if any, of the corporation, owner and manager except minor traffic violations;
(3) a list of all owners, partners, and identification of those owners holding fifty percent or more of the interest in the business;
(4) a fee of fifty dollars;
(5) the name of the manager of the tattoo parlor;
(6) a list of all equipment;
(7) a floor plan of the tattoo parlor;
(8) appropriate certificates of compliance with all applicable local and state codes;
(9) written operating policies and procedures including, but not limited to, hours of business operation, nature of services, and sanitation and safety procedures.
Section 44-29-470. (A) Upon approval the department shall issue a tattoo parlor registration. The registration, unless suspended or revoked, expires on December thirty-first following its issuance and may be renewed from year to year after inspection, filing a renewal application, and upon approval by the department provided the registrant is in compliance with this article.
(B) A registration may be issued only to a specific applicant and for a specific location and is not transferable.
(C) A fifty dollar renewal fee must accompany the application for the annual registration renewal.
(D) A registrant who allows the registration to lapse may have it reinstated by submitting an application and accompanying documents and fee as required in Section 44-29-480 and other documentation as the department considers appropriate.
Section 44-29-480. (A) When a discontinuation or a change of ownership, operation, or location of a tattoo parlor is contemplated, the owner or manager shall notify the department in writing before the proposed action.
(B) When there is a change in ownership or in the operation or control of a tattoo parlor, the registration immediately becomes void and must be returned to the department. However, the department may extend the expiration date of the registration, allowing the facility to operate under the same conditions which applied to the prior registrant for such time as may be required for the processing of a new application not to exceed thirty days.
Section 44-29-490. (A) Duly authorized representatives of the department at all times may enter upon any and all parts of the premises on which a tattoo parlor is located and of the premises appurtenant thereto to conduct an investigation or inspection to determine if the tattoo parlor is in compliance with this article.
(B) Refusal to permit an inspection or investigation constitutes valid grounds for registration denial or revocation.
Section 44-29-500. (A) Each facility must submit to the department the name of individuals responsible for:
(1) the management and control of the operation and the maintenance of the facility;
(2) the conformity of the facility with the state and local laws and regulations pertaining to fire, safety, building, sanitation, personnel, and other relevant statutory and regulatory provisions; and
(3) the establishment of policies and procedures including, but not limited to, the nature of services offered, tattooing, sanitation, infection control, and other policies and procedures as may be required by the department.
(B) A tattoo parlor may only permit an individual who holds a current South Carolina registration as a tattoo artist to perform tattooing and use the title tattoo artist on or in connection with its tattoo parlor.
(C) If the owner or manager of a tattoo parlor is not a registered tattoo artist, a registered tattoo artist must be designated as the agent of the manager or owner, responsible for the direct supervision of all personnel and services relative to performing tattooing. The name of this individual designated as the agent must be submitted to the department.
Section 44-29-510. (A) A tattoo parlor must meet the following requirements:
(1) It must be maintained in a sanitary condition free from hazards.
(2) All work surfaces, walls, ceilings, and floors must be smooth and easily cleanable and have a nonabsorbent surface. There must be no carpeting in the tattooing area. Walls and ceilings must be painted in a light color. Walls, ceilings, and floors must be kept clean and in good repair, free from dust and debris. Floors, walls, or ceilings must not be swept or cleaned while tattooing.
(3) Adequate light and ventilation must be provided.
(4) It must contain a hand sink in the tattooing area for the exclusive use of the tattoo artist. The sink must be provided with hot and cold running water. A soap dispenser, disposable towels, and refuse containers must be available at the sink.
(5) Toilets and hand-washing facilities must be provided in convenient locations in conformance with all applicable building codes.
(6) It must be arranged to separate work areas from waiting customers, either by having a separate room for tattooing or by a distance of at least ten feet and a panel or other barrier at least six feet high. The panel must be constructed of solid opaque plastic or similar material.
(7) Equipment and supplies must be stored properly in designated storage cabinets.
(8) Smoking is not permitted in the tattooing area.
(9) Waste must be disposed of in accordance with the management of infectious waste pursuant to Chapter 93 of this title.
Section 44-29-520.(A) The department may deny an application or revoke or suspend a registration as a tattoo artist or for a tattoo parlor for failure of an applicant or registrant to comply with the provisions of this article.
(B) If an application is denied or a registration revoked or suspended, the commissioner shall notify the person by certified mail, setting forth the reasons for the proposed action and the applicant or registrant must be given an opportunity for a prompt and fair hearing in accordance with the provisions of the Administrative Procedures Act.
(C) If it appears to the commissioner that a person is in violation of a provision of this article, the commissioner may issue an order requiring compliance with this article.
Section 44-29-530. A person who violates any provision of this article is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand, five hundred dollars or imprisoned up to one year, or both."
SECTION 6. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for any a person to tattoo any part of the body of another person under the age of eighteen; provided, that it. However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's body of any age if in his medical opinion it is necessary when performing cosmetic or reconstructive surgery. Any A person violating the provisions of this section is guilty of a misdemeanor and, on upon conviction, must be punished by fine or imprisonment, or both, in the discretion of the court."
SECTION 7. This act takes effect upon approval by the Governor.