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                                                       PRINTER'S NO. 912

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 847 Session of 1997


        INTRODUCED BY GREENLEAF AND TOMLINSON, APRIL 1, 1997

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           APRIL 1, 1997

                                     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 and body piercing technicians.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2 of the act of December 20, 1985
    14  (P.L.457, No.112), known as the Medical Practice Act of 1985, is
    15  amended by adding definitions to read:
    16  Section 2.  Definitions.
    17     The following words and phrases when used in this act shall
    18  have the meanings given to them in this section unless the
    19  context clearly indicates otherwise:
    20     * * *
    21     "Body piercing."  The puncturing of a part of the body of a


     1  live human being so as to create a permanent hole for cosmetic
     2  purposes.
     3     "Body piercing technician."  A person licensed to practice
     4  body piercing by the State Board of Medicine.
     5     * * *
     6     "Tattoo."  The process by which indelible marks or decorative
     7  designs are created by introducing pigments beneath the surface
     8  of the skin through the use of needles.
     9     "Tattoo artist."  A person licensed to practice tattooing by
    10  the State Board of Medicine.
    11     * * *
    12     Section 2.  The act is amended by adding sections to read:
    13  Section 15.1.  Tattoo artist.
    14     (a)  General rule.--A tattoo artist shall act in accordance
    15  with regulations authorized by this section.
    16     (b)  Regulations.--The board shall promulgate regulations for
    17  tattoo artists which shall include, but not be limited to:
    18         (1)  Prescribing procedures and conditions for
    19     sterilization, storage of sterilized equipment,
    20     resterilization and disposal of discarded needles and other
    21     equipment.
    22         (2)  Providing for a written examination for applicants
    23     for licensure.
    24         (3)  Prohibiting application of a tattoo on an individual
    25     who is visibly intoxicated.
    26  Section 15.2.  Body piercing technician.
    27     (a)  General rule.--A body piercing technician shall act in
    28  accordance with regulations authorized by this section.
    29     (b)  Regulations.--The board shall promulgate regulations for
    30  body piercing technicians which shall include, but not be
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     1  limited to:
     2         (1)  Prescribing procedures and conditions for
     3     sterilization, storage of sterilized equipment,
     4     resterilization and disposal of discarded needles and other
     5     equipment.
     6         (2)  Providing for a written examination for applicants
     7     for licensure.
     8         (3)  Prohibiting the body piercing of an individual who
     9     is visibly intoxicated.
    10     Section 3.  Section 22(a) of the act is amended to read:
    11  Section 22.  Licenses and certificates; general qualifications.
    12     (a)  Types of licenses and certificates.--The board may grant
    13  the following licenses and certificates:
    14         (1)  License without restriction.
    15         (2)  Interim limited license.
    16         (3)  Graduate license.
    17         (4)  Institutional license.
    18         (5)  Temporary license.
    19         (6)  Extraterritorial license.
    20         (7)  Midwife license.
    21         (8)  Physician assistant certificate.
    22         (9)  Tattoo artist license.
    23         (10)  Body piercing technician license.
    24     * * *
    25     Section 4.  The act is amended by adding sections to read:
    26  Section 36.2.  Tattoo artist license.
    27     (a)  General rule.--A tattoo artist license empowers the
    28  holder to practice tattooing.
    29     (b)  Requirements.--A tattoo artist license may not be issued
    30  to the applicant unless the requirements set forth in this act
    19970S0847B0912                  - 3 -

     1  and rules and regulations issued by the board are met.
     2  Section 36.3.  Body piercing technician license.
     3     (a)  General rule.--A body piercing technician license
     4  empowers the holder to practice body piercing.
     5     (b)  Requirements.--A body piercing technician license may
     6  not be issued to the applicant unless the requirements set forth
     7  in this act and rules and regulations issued by the board are
     8  met.
     9     Section 5.  This act shall take effect as follows:
    10         (1)  The addition of sections 15.1(b) and 15.2(b) of the
    11     act shall take effect immediately.
    12         (2)  This section shall take effect immediately.
    13         (3)  The remainder of this act shall take effect in 180
    14     days.











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