Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.120 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Mescher All Sponsors:Mescher Drafted Document Number:l:\council\bills\bbm\1001sd99.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Date of Last Amendment:20000223 Subject:Tattooing of person under eighteen unlawful, Minors, Crimes and Offenses, Health and Environmental Control History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000524 Recommitted to Committee 27 H3M House 20000524 Request for debate withdrawn by Representative J.H. Neal House 20000523 Request for debate withdrawn by Representative Gourdine McMahand J. Hines Hosey Lloyd House 20000517 Committee report: Favorable with 27 H3M amendment House 20000224 Recommitted to Committee 27 H3M House 20000223 Debate interrupted House 20000223 Amended House 20000215 Request for debate by Representative Woodrum Cotty Kirsh Stuart Kelley Walker R. Smith Seithel McMahand Moody- Lawrence Leach J. Hines Davenport Lloyd Scott Hosey Gourdine J.H. Neal Barfield ------ 20000210 Scrivener's error corrected House 20000209 Committee report: Favorable with 27 H3M amendment House 19990422 Introduced, read first time, 27 H3M referred to Committee Senate 19990421 Amended, read third time, sent to House Senate 19990420 Amended Senate 19990408 Read second time, ordered to third reading with notice of general amendments Senate 19990408 Committee amendment amended and adopted Senate 19990407 Committee report: Favorable with 11 SJ amendment Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981118 Prefiled, referred to Committee 11 SJ Versions of This Bill Revised on April 7, 1999 - Word format Revised on April 8, 1999 - Word format Revised on April 20, 1999 - Word format Revised on April 21, 1999 - Word format Revised on February 9, 2000 - Word format Revised on February 10, 2000 - Word format Revised on February 23, 2000 - Word format Revised on May 17, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 17, 2000
S. 120
S. Printed 5/17/00--H.
Read the first time April 22, 1999.
To whom was referred a Bill (S. 120), to amend Section 16-17-700, as amended, Code of Laws of South Carolina, 1976, relating to tattooing, so as to permit tattooing of persons over twenty-one years, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-34-10. As used in this chapter:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Tattoo facility' means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.
(3) 'Tattoo artist' means a person who practices body tattooing and who meets the requirements of this chapter.
Section 44-34-20. (A) The Department of Health and Environmental Control shall establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department shall provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.
(B) Prior to applying to the department for a permit, a tattoo facility must ensure that all tattoo artists obtain a certificate attesting to the successful completion of a course in blood borne pathogens and tattoo infection control as approved by the department; the tattoo facility must then apply for and obtain a permit issued by the department, who shall issue such permits, renewable annually, upon presentation of a certificate of each tattoo artist's initial and annual certification of successful completion of a course in blood borne pathogens, tattoo infection control; payment of an annual permitting fee of three hundred dollars per tattoo facility; and upon presentation of a certified copy of an ordinance passed by the local governing body where the business will be located approving the tattooing of persons within its jurisdiction.
Section 44-34-30. A tattoo artist must observe the following infection control precautions at all times:
(1) The tattoo artist must wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure.
(2) When necessary for the tattoo artist to perform a procedure on certain individuals who must undergo shaving of hair, either disinfected scissors or a single-use disposable razor must be used, and the skin must be cleaned with a germicidal solution approved by the department and used in accordance with the manufacturer's directions.
(3) It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person.
(4) The tattoo artist must always use single-use disposable gloves when setting up equipment and single-use disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect.
(5) The tattoo artist must always use on each recipient either:
(a) single-use disposable needles and injection equipment which is designated and sterilely packaged as single-use only and these needles and injection equipment must never be cleaned or reused in any manner on another client; or
(b) reusable needles and injection equipment only if properly sterilized by autoclave or chemical germicide used in accordance with the manufacturer's directions.
(6) All reusable instruments and other tattooing items other than inks must be properly sterilized by autoclave and sterilely packaged and labeled with the date of sterilization and a sterile indicator.
(7) Prior to any direct contact with the client, the tattoo artist in a sterile manner must place all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments or field must immediately result in cessation of the procedure and nonuse of all equipment until resterilized.
(8) The skin of the client must be scrubbed in a sterile surgical manner with a germicidal solution approved by the department and used in accordance with the manufacturer's direction.
(9) The use of gauze, alum, styptic pencils, or medical supplies considered necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.
The tattoo artist must not use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient.
(10) The technician must dispose of single-use used needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in an manner prescribed by the department.
(11) Each tattoo facility must keep a written log for two years of autoclave use including, but not limited to, the date and time of use and sterilization spore test strip results done at least monthly.
(12) The tattoo artist must allow and cooperate with on-site inspections as considered necessary by the department.
(13) A tattoo facility must include a room for the purpose of disinfecting and sterilization of equipment and this room must be physically separate from the room used for tattooing procedures to avoid cross contamination of equipment.
Section 44-34-40. (A) A person wishing to operate a tattoo facility shall register with the department prior to beginning practice. Upon completion of all the permitting requirements, the tattoo facility shall receive a permit. A permitted facility shall:
(1) obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;
(2) provide the department with its business address and the address at which the permittee performs any activity regulated by this chapter;
(3) pay an annual permit fee of three hundred dollars to the department;
(4) post the tattoo facility permit in a conspicuous place on the premises of a licensed tattoo facility.
(B) The department may charge an additional amount if necessary to cover the cost of inspection.
(C) Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.
Section 44-34-50. (A) A tattoo artist must be at least twenty one years old and shall possess a current Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification. The Red Cross First Aid Certification must be renewed every three years, and the Adult CPR Certification must be renewed annually. A tattoo artist must conspicuously display:
(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and
(2) the annual permit issued by the department.
(B) A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.
(C) A tattoo artist must obtain a certificate attesting to the successful completion of a course in blood borne pathogens and tattoo infection control as approved by the department.
Section 44-34-60. (A) The department may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities:
(1) an initial inspection which must be successfully completed as a condition of permitting;
(2) an inspection after any complaint is filed with the department; and
(3) inspections which may be conducted by the department at any time without previous notification to the tattoo facility.
(B) Each tattoo facility location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a tattoo artist uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site.
(C) A tattoo artist shall verify by means of a picture identification that a recipient is at least twenty-one years of age. For purposes of this section, 'picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
(D) A person who has his or her body tattooed while under the age of twenty-one in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.
Section 44-34-70. (A) The department may adopt regulations that do not conflict with, or are not more comprehensive than, the provisions of this chapter or with the standards adopted by the department and promulgated in regulations by the department.
(B) This chapter does not limit the department's ability to require a registrant to obtain any business license or permit that the department finds appropriate.
Section 44-34-80. The department may revoke, suspend, or refuse to issue or renew a permit pursuant to this chapter or may place a tattoo facility on probation upon proof that the operator of the facility under this chapter has:
(1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;
(3) obtained a tattoo facility license through fraud or deceit; or
(4) violated any applicable law or regulation.
Section 44-34-110. This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.
Section 44-34-120. (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of twenty-one years, unless the tattooing is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.
(B) This section does not apply to the tattooing of an emancipated minor.
(C) The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.
(D) Tattooing may not be performed upon a person impaired by drugs or alcohol. A person is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.
(E) Tattooing may not be performed on skin surfaces having a rash, pimples, boils, infections, or evidence of unhealthy conditions.
(F) A person who violates a provision of this chapter 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.
(G) All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter."
SECTION 2. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44. It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate, and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court up to two thousand five hundred dollars or imprisoned not more than one year, or both.
SECTION 3. This act takes effect October 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.
JOE E. BROWN, for Committee.
RECURRING NON-RECURRING
General Federal/Other General Federal/Other
Personal Service
& Employer
Contributions $137,711 $30,000 $ 0 $ 0
FTE (5.00) (0) (0) (0)
Operating Costs 17,440 0 17,500 0
Other: 0 0 0 0
TOTAL $155,151 $30,000 $17,500 $ 0
EXPLANATION OF IMPACT:
The Department of Health & Environmental Control (DHEC) estimates that there are approximately 100 tattooing facilities currently located throughout the State. One annual inspection and an estimated two complaint-related inspections per year would require DHEC to perform 300 inspections annually. DHEC estimates that 3 inspectors, 1 Administrative Specialist and 1 Registered Nurse/Manager would be required to implement this inspection program at a cost of $167,711 for salaries and fringe benefits. Operating costs are estimated at $3,488 per FTE. Therefore, recurring costs are estimated at $185,151 annually, of which $30,000 would be covered by other funds generated through annual permit fees. Non-recurring costs for one-time office set-up are estimated at $3,500 per FTE. Therefore, total first year costs are estimated at $202,651.
Section 44-34-40(B) states that DHEC may charge an additional amount if necessary to cover the cost of inspection. The impact on the General Fund of the State described above is based on the assumption that DHEC would not charge an additional fee above the $300 annual permit fee. If DHEC were to charge an additional fee, the impact on the general fund would be reduced by the amount of revenue derived from those charges.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER TWENTY-ONE YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF TWENTY-ONE WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. (A) It is unlawful for a person to tattoo:
(1) any part of the body of another person under the age of twenty one without express written consent of the parent or guardian of the person and unless the original written consent is kept on file, for a period of two years from the date of the tattoo, at the establishment performing the tattoo;
(2) any part of the head, face, or neck of another person;
(3) another person without first applying for and obtaining a permit issued by the South Carolina Department of Health and Environmental Control. The department shall issue this permit, renewable annually, to a person upon the submission of:
(a) a certificate of the applicant's successful completion of a course in infection control as approved by the department;
(b) payment of a three hundred dollar permit fee;
(c) a favorable recommendation of the local governing body where the business will be located. In making its recommendation, the local governing body shall consider the criminal background of the applicant as provided by the sheriff of the county where the applicant resides. If the background check is favorable, the local governing body must submit a favorable recommendation of the applicant; and
(d) a certified copy of an ordinance passed by the local governing body where the business will be located approving the tattooing of persons within its jurisdiction.
It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate, and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.
A person who violates the provisions of this section for a first offense is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court not less than five hundred dollars or imprisoned not more than one year, or both. For a second or subsequent offense, a person must be fined not less than five hundred dollars or imprisoned not less than one year, or both.
(B) A tattoo artist conspicuously shall display:
(1) a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice must also appear in any informed consent or release form which a tattoo artist uses;
(2) the certificate of successful completion of a course in infection control as approved by the department; and
(3) the permit issued by the department pursuant to subsection (A).
(C) A tattoo artist, in order to comply with department infection control precautions, must:
(1) wash his hands with soap and water before and after each recipient's procedure;
(2) use single-use disposable sterile or surgical style gloves when performing tattoo procedures on recipients. These gloves must never be washed or reused in any manner and must be immediately discarded and replaced upon notice of a tear or other defect;
(3) use sterilized or disposable razors on individuals who must undergo shaving of hair;
(4) clean the recipient's skin with a germicidal solution approved by the department;
(5) use on each recipient either (a) sterile, disposable needles and injection equipment which is designated and sterilely packaged as single-use only or (b) reusable needles and injection equipment only if properly sterilized by autoclave or chemical germicide used in accordance with the manufacturer's directions;
(6) dispose of the used needles and injection equipment in safety puncture-proof containers as approved by the department and must dispose of the used needle containers in a manner prescribed by the department; and
(7) allow and cooperate with on-site inspections as considered necessary by the department.
(D) A tattoo artist must not:
(1) use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient;
(2) use alum or styptic pencils considered necessary to control bleeding unless a separate, disposable single-use item is used on each recipient.
(E) A person engaged in tattooing shall verify by means of a picture identification that a recipient is at least twenty-one years of age. For purposes of this section, 'picture identification' means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.
(F) The department may revoke a permit or deny an application for a new or renewed permit for violations of the provisions of this section. The revocation or denial may be appealed as a contested case pursuant to the Administrative Procedures Act. A person engaged in tattooing whose permit has been revoked or denied may not reapply for a period of one year from the date of revocation or denial."
SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-705. A person who is tattooed while under the age of eighteen twenty-one in violation of Section 16-17-700(A)(1) may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees, subject to Section 15-3-40."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:04 A.M.