|S.F. No. 525 - Regulation of Body Art Technicians and Establishments (Second Engrossment)|
|Author:||Senator Yvonne Prettner Solon|
|Prepared by:||Katie Cavanor, Senate Counsel (651/296-3801)|
|Date:||March 19, 2009|
Section 1 (146B.01) defines the following terms: "aftercare," "antiseptic," "apprentice," "body art," "body art establishment," "body piercing," "commissioner," "contaminated waste," "department," "disinfection," "equipment," "establishment plan," "guest artist," "hand sink," "hot water," "jewelry," "liquid chemical germicide," "operator," "procedure area," "procedure surface," "sanitization," "safe level," "sharps," "sharps containers," "single use," "standard precautions or universal precautions," "sterilization," "tattooing," "technician," and "temporary body art establishment."
Section 2 (146B.02) establishes the licensure procedures for body art establishments.
Subdivision 1 states that beginning January 1, 2010, no person may maintain, own, or operate a body art establishment in the state without an establishment license issued by the Commissioner of Health under this chapter.
Subdivision 2 states that each application for an establishment license must be submitted on a form provided by the commissioner and accompanied with the applicable fee. Lists the information that must be included in the application. Upon approval of the application, the commissioner shall issue an establishment license, and the license shall be valid for a period of three years from the date of issuance and may be renewed upon approval by the commissioner.
Subdivision 3 requires the commissioner to inspect the body art establishment and review any records necessary to ensure that the standards required under this chapter are met before issuing a license. The commissioner is authorized to enter the premise to make the inspection.
Subdivision 4 prohibits the performance of any body art procedure at any location other than a licensed body art establishment except as otherwise permitted.
Subdivision 5 requires the license to be issued to a specific person and location and states that it is not transferable. It also requires the license to be prominently displayed onsite.
Subdivision 6 authorizes an owner or operator of a temporary body establishment to submit an application for a temporary events permit to the commissioner at least 14 days before the start of the event. The permit must be prominently displayed at the location. If the permit is approved, it is only valid for the specified dates and hours listed on the application and no permit can last longer than a 21-day period.
Subdivision 7 lists the information that must be kept on file for two years on the premise of the establishment, and must be made available for inspection upon the request of the commissioner.
Section 3 (146B.03) establishes licensure procedures for body art technicians.
Subdivision 1 states that beginning January 1, 2010, no individual may perform body art procedures without a valid technician license issued by the Commissioner of Health under this chapter.
Subdivision 2 prohibits an individual from using certain titles or other letters in connection with the individual's name in a way that represents that the individual is engaged in the practice of tattooing or body piercing unless the individual is licensed to perform body art procedures under this chapter.
Subdivision 3 lists a number of health care professionals who may perform body art procedures within the scope of their practice without a technician license. A registered apprentice or guest artist is authorized to perform body art procedures without a technician's license.
Subdivision 4 states that an application and the applicable fees must be submitted to the commissioner on a form provided by the commissioner. The requirements that must be met for licensure are: (1) proof that the applicant is over 18; (2) proof of completing 200 hours of supervised training as an apprentice; and (3) proof of satisfactorily completing an approved course on bloodborne pathogens, the prevention of disease transmission, infection control, and aseptic technique. Until January 1, 2011, the supervised training requirement shall be waived if the applicant submits evidence to the commissioner that the applicant has, at a minimum, 200 hours of performing body art procedures within the last five years.
Subdivision 5 requires the commissioner to notify the applicant in writing on the action taken on the application. If the application is denied, the applicant has 20 days to file a request for a hearing on the determination. After the hearing, the commissioner must notify the applicant in writing of the decision.
Subdivision 6 requires the commissioner to issue a technician's license to any individual who holds a current license, certification, or registration from a municipality located within the state or from another jurisdiction if the commissioner determines that the standards in the other jurisdiction meets or exceeds the requirements of this chapter and a letter is received from that jurisdiction stating that the applicant is in good standing.
Subdivision 7 states that a technician's license is valid for one year and may be renewed upon payment of a renewal fee.
Subdivision 8 states that the license is not transferable to another individual and must be onsite and available to the public upon request.
Section 4 (146B.04) establishes the apprenticeship and guest artist registration.
Subdivision 1 states that before an individual may begin an apprenticeship or work as a guest artist, a licensed technician must register the apprentice or guest artist with the commissioner. The registration form must include the name of the apprentice or guest artist; the name of the licensed technician supervising the apprenticeship or sponsoring the guest artist; and the starting and anticipated completion dates of the apprenticeship or the dates the guest artist will be working.
Subdivision 2 requires an apprentice to complete a minimum of 200 hours of training under the direct supervision of a licensed technician.
Subdivision 3 prohibits a guest artist from conducting body art procedures for more than 30 days per calendar year per licensed establishment. If the guest artist exceeds this limit, the artist must apply for a technician's license.
Section 5 (146B.05) establishes grounds for closing an establishment.
Subdivision 1 states that the commissioner may order an owner or operator of a licensed establishment to discontinue all operations if certain conditions exist. These conditions are listed.
Subdivision 2 requires the establishment to submit to the commissioner proof that the problem or condition causing the closure has been corrected or removed, prior to reopening. An establishment may not reopen without written approval by the commissioner.
Section 6 (146B.06) establishes health and safety standards.
Subdivision 1 requires the establishment to meet the health and safety standards listed in this subdivision before a licensed technician may conduct body art procedures at the establishment.
Subdivision 2 requires that the equipment, instruments, and supplies must comply with the health and safety standards listed in this subdivision before a licensed technician may conduct body art procedures.
Subdivision 3 requires the body art procedures to comply with the health and safety standards that are listed in this subdivision.
Subdivision 4 requires the technician to comply with the health and safety standards listed in this subdivision.
Subdivision 5 establishes standards for handling infectious and contaminated waste.
Section 7 (146B.07) establishes professional standards for technicians.
Subdivision 1, paragraph (a), requires a technician to require proof of age before performing a body art procedure.
Paragraph (b) prohibits a technician from tattooing or piercing any individual under the age of 18, without parental consent. Nipple or genital piercing or tattooing is prohibited on any individual under the age of 18, regardless of parental consent.
Paragraph (c) requires the technician to provide the client with a disclosure authorization form before performing any body art procedure.
Paragraph (d) prohibits a technician from performing any body art procedure on any individual who appears to be under the influence of alcohol, controlled substances, or hazardous substances.
Paragraph (e) prohibits a technician from performing any body art procedure while under the influence of alcohol, controlled substance, or hazardous substances.
Paragraph (f) prohibits a technician from administering anesthetics or other medication.
Subdivision 2 requires a technician to obtain from the client a signed and dated informed consent form before performing a body art procedure.
Subdivision 3 requires the body art establishment operator to maintain proper records of each procedure. These records must be kept for two years, and must be available for inspection by the commissioner upon request.
Subdivision 4 requires a technician to provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The instructions must advise the client to consult with a health care professional at the first sign of infection.
Subdivision 5 requires an operator and technician to comply with all applicable state, county, and municipal public health requirements.
Subdivision 6 requires the operator of an establishment to immediately notify the commissioner or local public health authority of any reports they receive of a potential bloodborne pathogen transmission.
Section 8 (146B.08) establishes the investigation process and grounds for disciplinary action.
Subdivision 1 authorizes the commissioner to initiate an investigation upon receiving a signed complaint or other signed written communication that alleges or implies that an individual or establishment has violated this chapter.
Subdivision 2 states that a licensee has the opportunity for a contested case hearing under Minnesota Statutes, chapter 14.
Subdivision 3 states the grounds for disciplinary action.
Subdivision 4 states the possible actions that may be taken by the commissioner if the commissioner finds grounds for such action.
Subdivision 5 states that upon suspension or revocation of licensure, an establishment or technician shall cease to perform body art procedures, use the protected titles, and represent to the public that the technician or establishment is licensed by the commissioner.
Subdivision 6 permits a technician who has had licensure suspended to petition the commissioner for reinstatement following the period of suspension.
Section 9 (146B.09) states that nothing in this chapter preempts or supersedes any county or municipal ordinances relating to land use, building and construction requirements, nuisance control, or licensing of commercial enterprises in general.
Section 10 (146B.10) establishes fees.
Section 11 establishes an effective date.
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