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COMMITTEE REPORT
April 7, 1999
S. 120
S. Printed 4/7/99--S.
Read the first time January 12, 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, 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 therein the following:
/ 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 eighteen;
(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; and
(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.
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.
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 eighteen 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 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." /
Amend title to conform.
WILLIAM MESCHER, for Committee.
EXPLANATION OF IMPACT:
The Department of Health & Environmental Control (DHEC):
Since the bill does not require DHEC to inspect or regulate such businesses, there is no cost to DHEC as a result of enacting Senate Bill 120.
Department of Corrections
A review of this bill by the department indicates there would be no impact to the General Fund of the State due to the fact that the bill regulates "tattooing" and convictions of repeated "tattooing" violations are not expected to be significant and the proposed penalty has a maximum of one year imprisonment.
Judicial Department:
The Judicial Department projects that the legalization of tattooing will have a minimal fiscal impact on the General Fund of the State which assumes the additional costs can be absorbed.
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 EIGHTEEN 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 EIGHTEEN 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, as last amended by Act 184 of 1993, is further 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 eighteen;
(2) part of the head, face, or neck of another person;
(3) a person without following the November 15, 1985, Centers for Disease Control document (MMWR Volume 34, Number 45) entitled 'Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus in the Workplace', the June 23, 1989, Centers for Disease Control document (MMWR Volume 38, Number S-6) entitled 'Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public Safety Workers' as these documents apply to personal service workers, or equivalent guidelines developed by the Department of Health and Environmental Control and appropriate supplements or revisions to these documents or these guidelines.
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.
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 or imprisoned not more than one year, or both. For a second or subsequent offense, a person must be fined in the discretion of the court and must be sentenced to a mandatory term of imprisonment of one year.
(B) A tattoo artist conspicuously shall display a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to 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.
(C)(1) A person engaged in tattooing shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.
(2) 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."
SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-705. A person under the age of eighteen who is tattooed 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."
SECTION 3. This act takes effect upon approval by the Governor.
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