PRIOR PRINTER'S NO. 376 PRINTER'S NO. 3236
No. 332 Session of 1997
INTRODUCED BY KREBS, THOMAS, HENNESSEY, KAISER, DeLUCA, MELIO,
TIGUE, GORDNER, SHANER, TRUE, OLASZ, ZUG, DALEY, CLYMER,
WOJNAROSKI, STABACK, BEBKO-JONES, COLAFELLA, HORSEY, LYNCH,
CARONE, E. Z. TAYLOR, TULLI AND CORPORA, FEBRUARY 10, 1997
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 18, 1998
AN ACT
1 Amending the act of December 20, 1985 (P.L.457, No.112), <--
2 entitled "An act relating to the right to practice medicine
3 and surgery and the right to practice medically related acts;
4 reestablishing the State Board of Medical Education and
5 Licensure as the State Board of Medicine and providing for
6 its composition, powers and duties; providing for the
7 issuance of licenses and certificates and the suspension and
8 revocation of licenses and certificates; providing penalties;
9 and making repeals," providing for the regulation of tattoo
10 artists.
11 REGULATING TATTOO, BODY-PIERCING AND CORRECTIVE COSMETIC <--
12 ARTISTS.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 2 of the act of December 20, 1985 <--
16 (P.L.457, No.112), known as the Medical Practice Act of 1985, is
17 amended by adding definitions to read:
18 Section 2. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
1 * * *
2 "Facial tattoo." Any tattoo applied above the neck,
3 including eyelids, eyebrows or lips.
4 * * *
5 "Tattoo." The process by which indelible marks or decorative
6 designs are created by introducing pigments beneath the surface
7 of the skin through the use of needles.
8 "Tattoo artist." A person licensed to practice tattooing by
9 the State Board of Medicine.
10 * * *
11 Section 2. The act is amended by adding a section to read:
12 Section 15.1. Tattoo artist.
13 (a) General rule.--A tattoo artist shall act in accordance
14 with regulations authorized by this section.
15 (b) Regulations.--The board shall promulgate regulations for
16 tattoo artists which shall include, but not be limited to:
17 (1) Prohibiting the use of anesthetic injections, other
18 medications and prescription drugs.
19 (2) Prescribing procedures and conditions for
20 sterilization, storage of sterilized equipment,
21 resterilization and disposal of discarded needles and other
22 equipment.
23 (3) Prohibiting application of facial tattoos.
24 (4) Providing for a written examination for applicants
25 for tattoo artist licensure.
26 Section 3. Section 22(a) of the act is amended to read:
27 Section 22. Licenses and certificates; general qualification.
28 (a) Types of licenses and certificates.--The board may grant
29 the following licenses and certificates:
30 (1) License without restriction.
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1 (2) Interim limited license.
2 (3) Graduate license.
3 (4) Institutional license.
4 (5) Temporary license.
5 (6) Extraterritorial license.
6 (7) Midwife license.
7 (8) Physician assistant certificate.
8 (9) Tattoo artist license.
9 * * *
10 Section 4. The act is amended by adding a section to read:
11 Section 36.2. Tattoo artist license.
12 (a) General rule.--A tattoo artist license empowers the
13 holder to practice tattooing.
14 (b) Requirements.--A tattoo artist license may not be issued
15 to the applicant unless the requirements set forth in this act
16 and rules and regulations issued by the board are met.
17 Section 5. This act shall take effect in 180 days.
18 SECTION 1. SHORT TITLE. <--
19 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE TATTOO, BODY
20 PIERCING AND CORRECTIVE COSMETIC ARTISTS ACT.
21 SECTION 2. LEGISLATIVE INTENT.
22 IT IS THE INTENT OF THE GENERAL ASSEMBLY TO DIRECT THE
23 DEPARTMENT OF HEALTH TO ESTABLISH HEALTH STANDARDS FOR THE
24 PRACTICE OF TATTOOING, BODY PIERCING AND CORRECTIVE COSMETICS
25 WITHIN THIS COMMONWEALTH. THIS WILL BE ACHIEVED THROUGH THE
26 IMPOSITION OF REGULATIONS AND THE REGISTRATION OF ALL TATTOO
27 ARTISTS, BODY-PIERCING ARTISTS AND CORRECTIVE COSMETIC ARTISTS
28 WITH THE DEPARTMENT OF HEALTH.
29 SECTION 3. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "BODY PIERCING." THE PROCESS OF BREACHING THE SKIN OR MUCOUS
4 MEMBRANE FOR THE PURPOSE OF INSERTION OF ANY OBJECT, INCLUDING,
5 BUT NOT LIMITED TO, JEWELRY FOR COSMETIC PURPOSES. THE TERM DOES
6 NOT INCLUDE EAR PIERCING OR NAIL PIERCING.
7 "BODY PIERCING ARTIST." ANY PERSON WHO ACTUALLY PERFORMS
8 BODY PIERCING OR WHO OPERATES, CONDUCTS OR MANAGES ANY BODY-
9 PIERCING ESTABLISHMENT.
10 "CORRECTIVE COSMETIC ARTIST." ANY PERSON WHO ACTUALLY
11 PERFORMS CORRECTIVE COSMETICS.
12 "CORRECTIVE COSMETICS." THE APPLICATION OF TATTOOS ON A LIVE
13 HUMAN BEING FOR MEDICAL SITUATIONS THAT OTHERWISE COULD NOT BE
14 CORRECTED OR IMPROVED, INCLUDING, BUT NOT LIMITED TO, BURN
15 SCARS, ACNE SCARS, AGE SPOTS AND SKIN DISCOLORATION DUE TO LOSS
16 OF PIGMENTATION.
17 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
18 "FACIAL TATTOO." A TATTOO APPLIED ABOVE THE NECK, INCLUDING,
19 BUT NOT LIMITED TO, EYELIDS, EYEBROWS OR LIPS.
20 "INFECTIOUS DISEASE." A DISEASE OF HUMANS OR ANIMALS
21 RESULTING FROM A TRANSMISSIBLE INFECTION, WHETHER OR NOT PATENT,
22 APPARENT, INAPPARENT, LATENT, CLINICAL OR SUBCLINICAL.
23 "REGISTRY." THE TATTOO, BODY-PIERCING AND CORRECTIVE
24 COSMETIC ARTISTS CENTRAL REGISTRY.
25 "SANITIZATION." THE REDUCTION OF THE POPULATION OF
26 MICROORGANISMS TO SAFE LEVELS AS DETERMINED BY PUBLIC HEALTH
27 OFFICIALS.
28 "STERILIZATION." THE PROCESS OF DESTRUCTION OF ALL FORMS OF
29 LIFE BY PHYSICAL OR CHEMICAL MEANS.
30 "TATTOO." THE INDELIBLE MARK, FIGURE OR DECORATIVE DESIGN
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1 INTRODUCED BY INSERTION OF NONTOXIC DYES OR PIGMENTS INTO OR
2 UNDER THE SUBCUTANEOUS PORTION OF THE SKIN OR BY THE PRODUCTION
3 OF SCARS UPON THE BODY OF A LIVE HUMAN BEING.
4 "TATTOO ARTIST." ANY PERSON WHO ACTUALLY PERFORMS TATTOOING
5 OR WHO OPERATES, CONDUCTS OR MANAGES ANY TATTOO ESTABLISHMENT.
6 "TATTOOING." THE PROCESS BY WHICH THE SKIN IS MARKED OR
7 COLORED BY INSERTION OF NONTOXIC DYES OR PIGMENTS INTO OR UNDER
8 THE SUBCUTANEOUS PORTION OF THE SKIN SO AS TO FORM INDELIBLE
9 MARKS FOR COSMETIC OR FIGURATIVE PURPOSES.
10 "TEMPORARY ESTABLISHMENT." AN ESTABLISHMENT WHICH PERFORMS
11 TATTOOING, BODY-PIERCING, OR BOTH, IS OPERATED BY AN INDIVIDUAL
12 REGISTERED UNDER THIS ACT AND WHICH OPERATES OUTSIDE OF A
13 REGISTERED FACILITY AT A FIXED LOCATION FOR A PERIOD OF TIME OF
14 NOT MORE THAN SEVEN CONSECUTIVE DAYS IN CONJUNCTION WITH A
15 SINGLE EVENT OR CELEBRATION.
16 SECTION 4. REGISTRY.
17 THE DEPARTMENT SHALL, BY REGULATION, ESTABLISH THE TATTOO,
18 BODY-PIERCING AND CORRECTIVE COSMETIC ARTISTS CENTRAL REGISTRY.
19 ALL PERSONS WHO PERFORM TATTOOING, BODY-PIERCING OR CORRECTIVE
20 COSMETIC SERVICES WITHIN THIS COMMONWEALTH SHALL MEET THE
21 REQUIREMENTS OF THIS ACT AND SHALL REGISTER WITH THE DEPARTMENT
22 ON FORMS PROVIDED BY THE DEPARTMENT.
23 SECTION 5. POWERS AND DUTIES OF DEPARTMENT.
24 (A) GENERAL RULE.--THE DEPARTMENT, IN THE EXERCISE OF ITS
25 DUTIES UNDER THIS ACT, SHALL HAVE THE POWER TO ADOPT SUCH
26 REGULATIONS AS ARE REASONABLY NECESSARY TO CARRY OUT THE
27 PURPOSES OF THIS ACT. REGULATIONS SHALL BE ADOPTED IN CONFORMITY
28 WITH THE PROVISIONS OF THE ACT OF JUNE 25, 1982 (P.L.633,
29 NO.181), KNOWN AS THE REGULATORY REVIEW ACT, AND SHALL INCLUDE,
30 BUT NOT BE LIMITED TO:
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1 (1) TATTOO, BODY-PIERCING AND CORRECTIVE COSMETIC
2 ESTABLISHMENT REGISTRATION AND FACILITY REGISTRATION
3 REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO:
4 (I) PHYSICAL LOCATION.
5 (II) SPECIFICATIONS OF WALLS, CEILINGS, FLOORS,
6 PARTITIONS, FIXTURES, EQUIPMENT AND OTHER APPURTENANCES.
7 (III) LIGHTING.
8 (IV) VENTILATION.
9 (V) WATER SUPPLY.
10 (VI) LIQUID WASTE DISPOSAL.
11 (VII) REFUSE STORAGE AND DISPOSAL.
12 (VIII) TOILETS AND LAVATORIES.
13 (IX) SINKS.
14 (X) INSECT AND RODENT CONTROL.
15 (2) TEMPORARY ESTABLISHMENT REGISTRATION REQUIREMENTS.
16 (3) TATTOO ARTIST AND BODY-PIERCING ARTIST REGISTRATION
17 REQUIREMENTS.
18 (4) APPRENTICE TATTOO ARTIST AND BODY-PIERCING ARTIST
19 REGISTRATION REQUIREMENTS.
20 (5) DEVELOPMENT AND MAINTENANCE OF AND REGISTRATION IN
21 THE TATTOO, BODY-PIERCING AND CORRECTIVE COSMETIC ARTISTS
22 CENTRAL REGISTRY.
23 (6) TATTOO ARTIST AND BODY-PIERCING ARTIST HYGIENE.
24 (7) HEALTH, SANITIZATION, STERILIZATION AND SAFETY
25 STANDARDS FOR TATTOO, BODY-PIERCING OR CORRECTIVE COSMETIC
26 ESTABLISHMENTS AND TEMPORARY ESTABLISHMENTS.
27 (8) TATTOO AND BODY-PIERCING ESTABLISHMENT AND TEMPORARY
28 ESTABLISHMENT RECORDKEEPING.
29 (9) QUALIFICATIONS FOR THE REGISTRATION OF CORRECTIVE
30 COSMETIC ARTISTS.
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1 (B) EXAMINATION.--THE DEPARTMENT SHALL REQUIRE THE
2 SUCCESSFUL COMPLETION OF A WRITTEN EXAMINATION REGARDING HEALTH,
3 SANITIZATION, STERILIZATION AND SAFETY STANDARDS PRIOR TO
4 ISSUING A REGISTRATION TO ANY TATTOO ARTIST, BODY-PIERCING
5 ARTIST OR CORRECTIVE COSMETIC ARTIST.
6 (C) REGISTRATION.--THE DEPARTMENT SHALL REGISTER:
7 (1) ANY APPLICANT WHO SUCCESSFULLY PASSES THE
8 EXAMINATION AND MEETS THE REQUIREMENTS FOR REGISTRATION IN
9 ACCORDANCE WITH THE REGULATIONS PROMULGATED UNDER THIS ACT.
10 (2) ANY TATTOO OR BODY-PIERCING ESTABLISHMENT OR
11 TEMPORARY ESTABLISHMENT WHICH HAS BEEN INSPECTED AND MEETS
12 FACILITY REQUIREMENTS IN ACCORDANCE WITH THE REGULATIONS
13 WHERE TATTOOING, BODY-PIERCING OR CORRECTIVE COSMETIC
14 SERVICES WILL BE PERFORMED.
15 (D) INSPECTION.--THE DEPARTMENT SHALL INSPECT EVERY
16 ESTABLISHMENT AT WHICH TATTOOING, BODY-PIERCING OR CORRECTIVE
17 COSMETICS ARE PERFORMED PRIOR TO ISSUING A FACILITY
18 REGISTRATION. THE DEPARTMENT MAY ALSO CONDUCT INSPECTIONS OF
19 REGISTERED FACILITIES AND TEMPORARY ESTABLISHMENTS AS THE
20 DEPARTMENT DEEMS NECESSARY TO CARRY OUT THIS ACT. THE INSPECTION
21 SHALL INSURE THAT REQUIRED STERILIZATION, SANITATION AND SAFETY
22 STANDARDS ARE MAINTAINED.
23 (E) FEES.--ALL FEES REQUIRED UNDER THIS ACT SHALL BE FIXED
24 BY THE DEPARTMENT BY REGULATION AND SHALL BE SUBJECT TO THE ACT
25 OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
26 REVIEW ACT.
27 (F) LIMITATION.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO
28 PERMIT THE DEPARTMENT TO REGULATE ARTISTIC ASPECTS OF TATTOOING,
29 BODY-PIERCING OR CORRECTIVE COSMETICS WHICH ARE UNRELATED TO
30 HEALTH, SANITIZATION, STERILIZATION OR SAFETY STANDARDS.
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1 (G) DEPARTMENTAL ACTIONS.--ALL ACTIONS OF THE DEPARTMENT IN
2 ACCORDANCE WITH THIS ACT WHICH RESULT IN A REFUSAL TO ISSUE A
3 REGISTRATION FOR REASONS OTHER THAN FAILURE TO PASS A WRITTEN
4 EXAMINATION REQUIRED BY THIS ACT OR ACTION WHICH SUSPENDS OR
5 REVOKES A REGISTRATION SHALL BE SUBJECT TO THE RIGHT OF NOTICE,
6 HEARING AND ADJUDICATION AND THE RIGHT OF APPEAL THEREFROM IN
7 ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE
8 AND PROCEDURE OF COMMONWEALTH AGENCIES).
9 SECTION 6. DUTIES AND RESPONSIBILITIES OF ARTISTS.
10 (A) HEALTH OF TATTOO ARTISTS AND BODY-PIERCING ARTISTS.--THE
11 DEPARTMENT SHALL ESTABLISH BY REGULATION MINIMUM HEALTH
12 STANDARDS FOR ALL REGISTRANTS AND PERSONS WORKING IN ANY AREA OF
13 A TATTOO OR BODY-PIERCING ESTABLISHMENT WHICH MAY BE NECESSARY
14 TO PREVENT THE CONTAMINATION OF TATTOO OR BODY-PIERCING
15 EQUIPMENT, SUPPLIES OR WORK SURFACES WITH PATHOGENIC ORGANISMS.
16 (B) INFECTIOUS DISEASE.--A NOTARIZED STATEMENT FROM A
17 LICENSED PHYSICIAN SHALL BE PROVIDED TO THE DEPARTMENT, PRIOR TO
18 THE ISSUANCE OF A REGISTRATION UNDER THIS ACT, CONFIRMING THAT
19 THE ARTIST WAS EXAMINED BY THE PHYSICIAN, A TEST OF THE ARTIST'S
20 BLOOD WAS MADE AND THE RESULTS OF THAT TEST INDICATE THAT:
21 (1) THE ARTIST IS FREE FROM ALL CONTAGIOUS AND
22 INFECTIOUS DISEASES, INCLUDING HEPATITIS B;
23 (2) THE ARTIST HAS EITHER COMPLETED OR WAS OFFERED AND
24 DECLINED A VACCINATION SERIES;
25 (3) ANTIBODY TESTING REVEALS THAT THE ARTIST IS IMMUNE
26 TO CERTAIN DISEASES; OR
27 (4) A VACCINE IS CONTRADICTED FOR MEDICAL REASONS.
28 (C) NOTIFICATIONS.--VERBAL AND WRITTEN INSTRUCTIONS FOR THE
29 CARE OF THE TATTOOED OR PIERCED SITE ON THE BODY SHALL BE
30 PROVIDED TO EACH CUSTOMER BY THE TATTOO ARTIST OR BODY-PIERCING
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1 ARTIST UPON THE COMPLETION OF THE PROCEDURE. THE WRITTEN
2 INSTRUCTIONS SHALL ADVISE THE CUSTOMER TO CONSULT A PHYSICIAN AT
3 THE FIRST SIGN OF INFECTION AND CONTAIN THE NAME, ADDRESS AND
4 PHONE NUMBER OF THE TATTOO OR BODY-PIERCING ESTABLISHMENT.
5 SECTION 7. MINORS.
6 (A) PROHIBITIONS.--IT SHALL BE UNLAWFUL FOR ANY PERSON TO
7 PERFORM TATTOOING OR BODY-PIERCING SERVICES ON ANY OTHER PERSON
8 UNDER 18 YEARS OF AGE WITHOUT THE WRITTEN CONSENT OF A PARENT OR
9 LEGAL GUARDIAN OF THAT OTHER PERSON.
10 (B) REGULATION.--THE DEPARTMENT SHALL PROMULGATE REGULATIONS
11 ESTABLISHING STANDARDS FOR VERIFICATION OF AGE AND DOCUMENTATION
12 OF CONSENT.
13 (C) REVOCATION.--ANY PERSON WHO PERFORMS TATTOOING OR BODY-
14 PIERCING SERVICES ON ANY BODY PART OF A PERSON UNDER 18 YEARS OF
15 AGE WITHOUT PROPER CONSENT AS ESTABLISHED IN SUBSECTION (A)
16 SHALL HAVE THE REGISTRATION UNDER THIS ACT REVOKED FOR TWO
17 YEARS.
18 (D) REGISTRATION.--ANY PERSON WHO VIOLATES SUBSECTION (A)
19 MAY NOT BE REGISTERED FOR TWO YEARS FROM THE DATE OF VIOLATION
20 OR REVOCATION, WHICHEVER IS LATER.
21 SECTION 8. POWERS OF MUNICIPALITIES.
22 (A) MUNICIPAL ORDINANCES PRESERVED.--NOTHING IN THIS ACT
23 SHALL SUPERSEDE THE POWER OF A MUNICIPALITY TO INSPECT TATTOO,
24 OR BODY-PIERCING ESTABLISHMENTS OR TEMPORARY ESTABLISHMENTS, TO
25 REGULATE THE MANNER IN WHICH TATTOOING OR BODY-PIERCING MAY BE
26 PERFORMED, TO LEVY LAWFUL TAXES AND FEES AND TO REQUIRE THE
27 PURCHASE OF A BUSINESS PRIVILEGE LICENSE UNRELATED TO COMPETENCE
28 IN THE PRACTICE OF TATTOOING OR BODY PIERCING. NO MUNICIPALITY
29 SHALL REQUIRE A TATTOO ARTIST OR BODY-PIERCING ARTIST REGISTERED
30 UNDER THIS ACT TO OBTAIN A MUNICIPAL LICENSE TO ENGAGE IN
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1 TATTOO, TEMPORARY TATTOO OR BODY-PIERCING SERVICES IN THE
2 MUNICIPALITY. NOTHING IN THIS ACT SHALL PRECLUDE A MUNICIPALITY
3 FROM DENYING OR REVOKING A LOCAL PERMIT FOR FAILURE TO COMPLY
4 WITH A LOCAL ORDINANCE NOT INCONSISTENT WITH THIS ACT OR
5 REGULATIONS OF THE DEPARTMENT PROMULGATED UNDER THIS ACT.
6 (B) FAILURE TO COMPLY WITH LOCAL ORDINANCE.--A REGISTRANT
7 UNDER THIS ACT WHO FAILS TO COMPLY WITH A MUNICIPAL ORDINANCE
8 CONCERNING THE INSPECTION OF TATTOO OR BODY-PIERCING
9 ESTABLISHMENTS OR TEMPORARY ESTABLISHMENTS, OR THE MANNER IN
10 WHICH THE MUNICIPALITY REQUIRES TATTOO AND BODY-PIERCING
11 SERVICES TO BE PERFORMED, SHALL BE SUBJECT TO DISCIPLINARY
12 PROCEEDINGS UNDER THIS ACT.
13 SECTION 9. UNLAWFUL ACTS.
14 (A) UNREGISTERED PRACTICE.--IT IS UNLAWFUL FOR ANY PERSON TO
15 PRACTICE TATTOOING, BODY-PIERCING OR CORRECTIVE COSMETICS, OR TO
16 HOLD HIMSELF OUT AS A PRACTITIONER OF OR ENTITLED OR AUTHORIZED
17 TO PRACTICE TATTOOING, BODY-PIERCING OR CORRECTIVE COSMETICS, OR
18 TO ASSUME ANY TITLE OF "TATTOOIST," "TATTOO ARTIST," "BODY-
19 PIERCER," "BODY-PIERCING ARTIST," "CORRECTIVE COSMETICS ARTIST"
20 OR OTHER LETTERS OR TITLES IN CONNECTION WITH THAT PERSON'S NAME
21 WHICH IN ANY WAY REPRESENTS HIMSELF AS BEING ENGAGED IN THE
22 PRACTICE OF TATTOOING, BODY-PIERCING OR CORRECTIVE COSMETICS, OR
23 AUTHORIZED TO DO SO, UNLESS THAT PERSON HAS BEEN DULY REGISTERED
24 AND AUTHORIZED TO ENGAGE IN THE PRACTICE UNDER THIS ACT.
25 (B) UNREGISTERED FACILITIES.--IT IS UNLAWFUL FOR ANY PERSON
26 TO OPERATE A TATTOO, BODY-PIERCING, OR CORRECTIVE COSMETIC
27 ESTABLISHMENT OR TEMPORARY ESTABLISHMENT THAT IS NOT REGISTERED
28 WITH THE DEPARTMENT.
29 (C) INJECTIONS.--IT IS UNLAWFUL FOR A TATTOO ARTIST, BODY-
30 PIERCING ARTIST OR CORRECTIVE COSMETIC ARTIST TO ADMINISTER
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1 ANESTHETIC INJECTIONS OR OTHER MEDICATIONS AND PRESCRIPTION
2 DRUGS.
3 (D) FACIAL TATTOOS.--IT IS UNLAWFUL FOR ANY PERSON OTHER
4 THAN A CORRECTIVE COSMETIC ARTIST REGISTERED UNDER THIS ACT, OR
5 A PHYSICIAN OR SURGEON LICENSED IN THIS COMMONWEALTH, TO PERFORM
6 FACIAL TATTOO SERVICES ON ANY OTHER PERSON.
7 SECTION 10. DISCIPLINARY MATTERS.
8 (A) GENERAL.--THE DEPARTMENT MAY SUSPEND OR REVOKE ANY
9 REGISTRATION ISSUED UNDER THIS ACT FOR ANY OF THE FOLLOWING
10 REASONS:
11 (1) FAILING TO DEMONSTRATE THE QUALIFICATIONS OR
12 STANDARDS FOR A REGISTRATION CONTAINED IN THIS ACT OR
13 REGULATIONS OF THE DEPARTMENT.
14 (2) MAKING MISLEADING, DECEPTIVE, UNTRUE OR FRAUDULENT
15 REPRESENTATIONS IN OBTAINING A REGISTRATION.
16 (3) BEING UNABLE TO PRACTICE WITH REASONABLE SKILL AND
17 SAFETY TO THE PUBLIC BY REASON OF ILLNESS, ADDICTION TO DRUGS
18 OR ALCOHOL, HAVING BEEN CONVICTED OF A FELONIOUS ACT
19 PROHIBITED BY THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
20 KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC
21 ACT, OR CONVICTED OF A FELONY RELATING TO A CONTROLLED
22 SUBSTANCE IN A COURT OF LAW OF THE UNITED STATES OR ANY OTHER
23 STATE, TERRITORY, POSSESSION OR COUNTRY, OR OF MENTAL
24 INCOMPETENCY. AN APPLICANT'S STATEMENT ON THE APPLICATION
25 DECLARING THE ABSENCE OF A CONVICTION SHALL BE DEEMED
26 SATISFACTORY EVIDENCE OF THE ABSENCE OF A CONVICTION UNLESS
27 THE DEPARTMENT HAS SOME EVIDENCE TO THE CONTRARY.
28 (4) VIOLATING A LAWFUL REGULATION PROMULGATED BY THE
29 DEPARTMENT OR VIOLATING A LAWFUL ORDER OF THE DEPARTMENT
30 PREVIOUSLY ENTERED BY THE DEPARTMENT IN A DISCIPLINARY
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1 PROCEEDING.
2 (5) KNOWINGLY MAINTAINING A PROFESSIONAL CONNECTION OR
3 ASSOCIATION WITH ANY PERSON WHO IS IN VIOLATION OF THIS ACT
4 OR REGULATION OF THE DEPARTMENT OR KNOWINGLY AIDING,
5 ASSISTING, PROCURING OR ADVISING ANY UNREGISTERED PERSON TO
6 PRACTICE A PROFESSION CONTRARY TO THIS ACT OR REGULATIONS OF
7 THE DEPARTMENT.
8 (6) ACTING IN SUCH MANNER AS TO PRESENT AN IMMEDIATE AND
9 CLEAR DANGER TO PUBLIC HEALTH OR SAFETY.
10 (7) MAKING A FALSE OR DECEPTIVE BIENNIAL REGISTRATION
11 WITH THE DEPARTMENT.
12 (B) AUTHORIZED ACTIONS.--IN ADDITION TO TAKING DISCIPLINARY
13 OR CORRECTIVE ACTION AGAINST A REGISTRANT UNDER THIS ACT OR
14 PURSUANT TO OTHER STATUTORY AUTHORITY, THE DEPARTMENT MAY:
15 (1) DENY THE APPLICATION FOR A REGISTRATION OR ANY OTHER
16 PRIVILEGE GRANTED BY THE DEPARTMENT.
17 (2) REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT A
18 REGISTRATION.
19 (3) STAY ENFORCEMENT OF ANY SUSPENSION AND PLACE A
20 REGISTRANT ON PROBATION WITH THE RIGHT TO VACATE THE
21 PROBATIONARY ORDER FOR NONCOMPLIANCE.
22 (C) FAILURE TO COMPLY WITH CONDITIONS.--FAILURE OF A
23 REGISTRANT TO COMPLY WITH THE CONDITIONS REQUIRED BY THE
24 DEPARTMENT SHALL BE GROUNDS FOR RECONSIDERATION OF THE MATTER
25 AND INSTITUTION OF FORMAL CHARGES AGAINST THE REGISTRANT.
26 (D) REINSTATEMENT OF REGISTRATION.--UNLESS ORDERED TO DO SO
27 BY THE COMMONWEALTH COURT OR ON APPEAL THEREFROM, THE DEPARTMENT
28 MAY NOT REINSTATE THE REGISTRATION OF A PERSON WHICH HAS BEEN
29 REVOKED FOR TWO YEARS FROM THE DATE OF VIOLATION OR REVOCATION,
30 WHICHEVER IS LATER. ANY PERSON WHOSE REGISTRATION HAS BEEN
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1 REVOKED MAY APPLY FOR REINSTATEMENT, AFTER A PERIOD OF AT LEAST
2 TWO YEARS, BUT MUST MEET ALL OF THE REGISTRATION REQUIREMENTS OF
3 THIS ACT, INCLUDING THE EXAMINATION REQUIREMENT, IF THAT PERSON
4 DESIRES TO PRACTICE THE ART OF TATTOOING, BODY-PIERCING OR
5 CORRECTIVE COSMETICS UNDER THIS ACT AT ANY TIME AFTER SUCH
6 REVOCATION.
7 (E) SURRENDER OF SUSPENDED OR REVOKED REGISTRATION.--THE
8 DEPARTMENT SHALL REQUIRE A PERSON WHOSE REGISTRATION HAS BEEN
9 SUSPENDED OR REVOKED TO RETURN THE REGISTRATION IN SUCH MANNER
10 AS THE DEPARTMENT DIRECTS.
11 SECTION 11. PENALTIES.
12 ANY PERSONS WHO VIOLATES ANY PROVISION OF THIS ACT COMMITS A
13 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE
14 SENTENCED TO PAY A FINE OF NOT MORE THAN $1,000 OR TO
15 IMPRISONMENT FOR NOT MORE THAN THREE MONTHS, OR BOTH.
16 SECTION 12. INJUNCTIVE RELIEF.
17 IT SHALL BE UNLAWFUL FOR ANY PERSON TO PRACTICE OR ATTEMPT TO
18 OFFER TO PRACTICE TATTOOING, BODY-PIERCING OR CORRECTIVE
19 COSMETICS WITHOUT HAVING AT THE TIME OF SO DOING A VALID,
20 UNEXPIRED, UNREVOKED AND UNSUSPENDED REGISTRATION ISSUED UNDER
21 THIS ACT. THE UNLAWFUL PRACTICE OF TATTOOING, BODY-PIERCING OR
22 CORRECTIVE COSMETICS MAY BE ENJOINED BY THE COURTS ON PETITION
23 OF THE DEPARTMENT. IN ANY SUCH PROCEEDING IT SHALL NOT BE
24 NECESSARY TO SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED BY THE
25 ACTIONS COMPLAINED OF. IF IT IS FOUND THAT THE RESPONDENT HAS
26 ENGAGED IN THE UNLAWFUL PRACTICE OF TATTOOING OR BODY PIERCING,
27 THE COURT SHALL ENJOIN THE RESPONDENT FROM SO PRACTICING UNLESS
28 AND UNTIL THE RESPONDENT REGISTERS WITH THE DEPARTMENT. THIS
29 PROCEDURE IN SUCH CASES SHALL BE THE SAME AS IN ANY OTHER
30 INJUNCTION SUIT. THE REMEDY BY INJUNCTION AUTHORIZED BY THIS
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1 SECTION SHALL BE IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL
2 PROSECUTION AND PUNISHMENT AUTHORIZED BY LAW.
3 SECTION 13. EXEMPTIONS.
4 (A) GENERAL RULE.--NOTHING IN THIS ACT SHALL PREVENT:
5 (1) A PHYSICIAN OR SURGEON LICENSED IN THIS COMMONWEALTH
6 FROM PERFORMING BODY-PIERCING OR TATTOOING SERVICES FOR
7 MEDICAL REASONS; OR
8 (2) A FUNERAL DIRECTOR LICENSED IN THIS COMMONWEALTH
9 FROM PERFORMING BODY-PIERCING OR TATTOOING SERVICES AS
10 REQUIRED BY THAT PROFESSION.
11 (B) PHYSICIAN-BASED CORRECTIVE COSMETICS ESTABLISHMENTS.--
12 NOTHING IN THIS ACT SHALL REQUIRE THE REGISTRATION OF CORRECTIVE
13 COSMETICS ESTABLISHMENTS PHYSICALLY LOCATED IN A LICENSED
14 PHYSICIAN'S OFFICE, HOSPITAL OR CLINIC. THOSE ESTABLISHMENTS
15 SHALL ALSO BE EXEMPT FROM FACILITY REQUIREMENTS AS PROVIDED FOR
16 IN SECTION 5(A)(1).
17 SECTION 14. EFFECTIVE DATE.
18 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
19 (1) SECTION 5(A) SHALL TAKE EFFECT IN TWO YEARS.
20 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
21 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
22 DAYS.
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