H 3857 Session 109 (1991-1992)
H 3857 General Bill, By R.M. Young, D.N. Holt and J. Rama
A Bill 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.
04/11/91 House Introduced and read first time HJ-21
04/11/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-21
04/14/92 House Tabled in committee
A BILL
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:
"Article 7
Tattooing and Tattoo Parlors
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.
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