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COMMITTEE REPORT
February 14, 2001
S. 49
S. Printed 2/14/01--S.
Read the first time January 10, 2001.
To whom was referred a Bill (S. 49) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-17-705 so as to provide that a person under twenty-one years of who obtains a tattoo in violation of Section 16-17-700, 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 must establish by regulation sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department must 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 in accordance with the Administrative Procedures Act 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, which must issue these 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 and tattoo infection control; payment of an annual permitting fee of three hundred dollars per tattoo facility; and a certified copy of an ordinance passed by the local governing body where the business will be located which authorizes the tattooing of persons within its jurisdiction.
Section 44-34-30. A tattoo artist must comply with the following infection control measures or standards 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 a 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 results of sterilization spore test strip tests performed 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 must register with the department prior to beginning practice. Upon completion of all the permitting requirements, the tattoo facility must receive a permit. A permitted facility must:
(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; and
(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 must 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 perform 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 must 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 utilized by a tattoo artist. 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 must 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) 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 must promulgate regulations as required by Section 44-34-20 and such other regulations as may be necessary but which do not conflict with the provisions of this chapter.
(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 impaired by drugs or alcohol 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 upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
WILLIAM MESCHER, for Committee.
FIRST YEAR GENERAL FUNDS: $ 0
FIRST YEAR FEDERAL AND/OR OTHER FUNDS: $202,651
ANNUAL TOTAL THEREAFTER: $185,151
EXPLANATION OF IMPACT:
In the absence of specific data indicating the number of tattoo establishments in the state that might arise after enactment of this bill, DHEC estimates there could be 100 tattoo facilities operating in the State in the first year after enactment. This would require DHEC to establish health, safety and permitting standards, conduct annual inspections and investigate complaints. Therefore, DHEC estimates that 5.00 FTEs would be needed to implement a minimal permitting/inspection program (3.00 Inspectors, 1.00 Administrative Specialist and 1.00 Registered Nurse/Manager). Salaries (including fringe benefits) are estimated at $167,711. Operating costs are estimated at $17,440 ($3,488 per FTE). Therefore, recurring costs are estimated at $185,151 annually, of which $30,000 would be obtained from the $300 annual facility permit fee. In addition, one-time office set-up costs are estimated at $17,500 ($3,500 per FTE).
Since sections 44-34-40 and 44-34-120 of the bill authorize DHEC to charge fees and impose fines, it appears to be legislative intent that this program be self-supporting. Therefore, as long as other funds revenue derived from fines and fees is sufficient, there would be no impact on the General Fund of the State. However, there is no assurance that the number of tattoo establishments will provide a sufficient base to support program expenditures.
LOCAL GOVERNMENT IMPACT:
One of the conditions for receiving a tattoo facility permit is the presentation (to DHEC) 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. Pursuant to Section 2-7-76 of the Code of Laws of South Carolina, 1976, the Office of State Budget has surveyed members of the FIST Network. The responses will be forwarded upon receipt.
SPECIAL NOTES:
Until the program is implemented and it becomes known as to how many such facilities there are in the state, it is not yet possible to estimate the amount of revenue that would be generated from this program. However, the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-705. A person less than twenty-one years of age 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 the cost of the action and attorney's fees subject to Section 15-3-40."
SECTION 2. 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 twenty-one without the 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 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 must 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 shall submit a favorable recommendation of the applicant.
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. A person who is convicted of a second or subsequent offense 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 who does not have express written consent of his parent or guardian 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 3. This act takes effect upon approval by the Governor.
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