The 2010 Advisory Committee meeting schedule is as follows:
January 8th
January 25th
February 11th
February 22nd
March 4th
March 16th
March 29th
All meetings will start at 9:00a.m.
Location: Department of Licensing,
Conference Room 209
405 Black Lake Boulevard S.W.
Olympia, WA 98502.
Friday, December 4, 2009
11-5-09 meeting minutes
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
November 5, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Dan Quirong, Management Analyst
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Mariah Wyrick, Troy Amundson, Geisha Elsea, Marty Artz, Pam Rogoski, Jacqueline Gibson, Genia Gaffaney, Joanna Schlosser, Million
Agenda:
Introductions
Review Minutes and Action Items from 10/22/09
Insurance
Permanent Cosmetics
Body Piercing Definition
Introductions were made of Department Staff, Advisory Committee and audience.
Minutes from October 22, 2009 were reviewed and approved by committee.
Insurance Discussion:
Susan reported that her research showed that most states do not require liability insurance.
Dan found the following information on liability insurance:
* ISU Westlake from California estimated costs are $750-900 yearly.
* Allen Financial Group-1st artist $600, any additional artists $355+tax. Includes: slip and fall & general liability.
Dan also called the Insurance Commissioner’s Office and found that they have not received any complaints on insurance companies not providing insurance coverage to tattoo, body art, or body piercing shop owners.
Trudie will be talking with administrators of different professions to find out if insurance requirements are standard in their program laws.
Decision: The group agrees that the language in the law as it is written now requiring insurance is okay as is.
License Breakdown:
Artist Operator License: Individual License for a person who practices body art, body piercing and tattooing.
Location: Shop license required for any location or any person who is subcontracting-not an employee. This license allows holder to work at another location for no more than 14 days.
Guest Artist Operator: is a temporary individual license issued to an artist who will engage in the practice of body art, body piercing, or tattooing as defined in this chapter for a period of no more than 30 days at a licensed convention, event, or a licensed shop.
Event Permit: is a temporary individual license to hold a body art, body piercing or tattooing convention or event in the State of Washington. Event permit holders must follow the requirements as defined for a location license.
Body Piercing Definition:
Committee agrees on language as it is written in the draft changes.
Permanent Cosmetics:
Defined permanent cosmetics as ”Permanent Cosmetics” is synonymous with cosmetic tattooing and includes the application of permanent eyeliner, eyebrows, lip liner, full lip color, and re-pigmentation using tattooing techniques of placing pigment under the skin.
Internship Training: It was determined that the qualification for the trainer would be defined in rule.
Next meeting: Cancel November 21st meeting. Will schedule meetings every other week staring back up in January 2010 extended through March. Will post on website and send out schedule on ListServ once finalized.
Action items from previous meeting:
* “Body Piercing” definition (by Association of Professional Piercers).~Mark has not heard back from the APP.
* DOL website~ The Department will post consumer information/public education.~ongoing.
* Insurance requirements~completed
* The Department will review Clark County, Nevada tattoo language ~ completed.
* 7-year experience requirement for instructors~ Department will review standards in other states.
* Meeting with Senator Kastama~ has a meeting scheduled on November 15th.
* The Department will draft language on the definition of piercing~ completed.
* The Department will draft language on the definition of healthcare professionals~ DOH has this definition
* Rules relating to shop inspections~ meetings will be scheduled to begin in January, 2010.
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
November 5, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Dan Quirong, Management Analyst
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Mariah Wyrick, Troy Amundson, Geisha Elsea, Marty Artz, Pam Rogoski, Jacqueline Gibson, Genia Gaffaney, Joanna Schlosser, Million
Agenda:
Introductions
Review Minutes and Action Items from 10/22/09
Insurance
Permanent Cosmetics
Body Piercing Definition
Introductions were made of Department Staff, Advisory Committee and audience.
Minutes from October 22, 2009 were reviewed and approved by committee.
Insurance Discussion:
Susan reported that her research showed that most states do not require liability insurance.
Dan found the following information on liability insurance:
* ISU Westlake from California estimated costs are $750-900 yearly.
* Allen Financial Group-1st artist $600, any additional artists $355+tax. Includes: slip and fall & general liability.
Dan also called the Insurance Commissioner’s Office and found that they have not received any complaints on insurance companies not providing insurance coverage to tattoo, body art, or body piercing shop owners.
Trudie will be talking with administrators of different professions to find out if insurance requirements are standard in their program laws.
Decision: The group agrees that the language in the law as it is written now requiring insurance is okay as is.
License Breakdown:
Artist Operator License: Individual License for a person who practices body art, body piercing and tattooing.
Location: Shop license required for any location or any person who is subcontracting-not an employee. This license allows holder to work at another location for no more than 14 days.
Guest Artist Operator: is a temporary individual license issued to an artist who will engage in the practice of body art, body piercing, or tattooing as defined in this chapter for a period of no more than 30 days at a licensed convention, event, or a licensed shop.
Event Permit: is a temporary individual license to hold a body art, body piercing or tattooing convention or event in the State of Washington. Event permit holders must follow the requirements as defined for a location license.
Body Piercing Definition:
Committee agrees on language as it is written in the draft changes.
Permanent Cosmetics:
Defined permanent cosmetics as ”Permanent Cosmetics” is synonymous with cosmetic tattooing and includes the application of permanent eyeliner, eyebrows, lip liner, full lip color, and re-pigmentation using tattooing techniques of placing pigment under the skin.
Internship Training: It was determined that the qualification for the trainer would be defined in rule.
Next meeting: Cancel November 21st meeting. Will schedule meetings every other week staring back up in January 2010 extended through March. Will post on website and send out schedule on ListServ once finalized.
Action items from previous meeting:
* “Body Piercing” definition (by Association of Professional Piercers).~Mark has not heard back from the APP.
* DOL website~ The Department will post consumer information/public education.~ongoing.
* Insurance requirements~completed
* The Department will review Clark County, Nevada tattoo language ~ completed.
* 7-year experience requirement for instructors~ Department will review standards in other states.
* Meeting with Senator Kastama~ has a meeting scheduled on November 15th.
* The Department will draft language on the definition of piercing~ completed.
* The Department will draft language on the definition of healthcare professionals~ DOH has this definition
* Rules relating to shop inspections~ meetings will be scheduled to begin in January, 2010.
Tuesday, November 17, 2009
We have a program director and a sponsoring senator!
Dear Committee Members:
As you may recall the Department of Licensing had a meeting last Thursday with Senator Kastima to discuss the proposed language changes of your law. I just wanted to take a minute and let you know that the meeting went very well. Senator Kastima seemed to be pleased and in agreement with all of the new language and has agreed to sponsor the bill for the 2010 legislative session that begins in January. It was a opportunity for me to brag about what a great group you are to work with and to let him know that you are willing to come to the legislature and speak in favor of the bill. We were very encouraged by the Senators support and look forward to working with him through this process.
Also, just wanted to let you know that we have filled Manager position for your program. Ben Rogers, who I think some of you may have met at a previous meeting has accepted the position and will begin on December 1st. Ben is looking forward to working with you all.
As promised we are working on meeting dates and trying to keep your availability in mind through this process. Once they have all been determined we will notify you so you can get your calendars set up. You should hear on that within the next couple of weeks. I will also keep you posted if anything new develops.
Have a great Holiday season everyone!
Sincerely,
Trudie Touchette
Administrator
Professional Licensing Support Services
(360) 664-6650
Mailto:ttouchette@dol.wa.gov
As you may recall the Department of Licensing had a meeting last Thursday with Senator Kastima to discuss the proposed language changes of your law. I just wanted to take a minute and let you know that the meeting went very well. Senator Kastima seemed to be pleased and in agreement with all of the new language and has agreed to sponsor the bill for the 2010 legislative session that begins in January. It was a opportunity for me to brag about what a great group you are to work with and to let him know that you are willing to come to the legislature and speak in favor of the bill. We were very encouraged by the Senators support and look forward to working with him through this process.
Also, just wanted to let you know that we have filled Manager position for your program. Ben Rogers, who I think some of you may have met at a previous meeting has accepted the position and will begin on December 1st. Ben is looking forward to working with you all.
As promised we are working on meeting dates and trying to keep your availability in mind through this process. Once they have all been determined we will notify you so you can get your calendars set up. You should hear on that within the next couple of weeks. I will also keep you posted if anything new develops.
Have a great Holiday season everyone!
Sincerely,
Trudie Touchette
Administrator
Professional Licensing Support Services
(360) 664-6650
Mailto:ttouchette@dol.wa.gov
Tuesday, November 10, 2009
November 19th meeting canceled.
The November 19th, 2009 Body Art, Body Piercing, and Tattoo Advisory Committee Meeting has been cancelled. We will resume meetings in January 2010. Schedule is to be determined and will be posted once finalized.
Sincerely,
Lawna Knight
Administrative Assistant to
Trudie Touchette/Susan Colard
Professional Licensing Support Services
W:(360) 664-6643 F: (360) 570-4957
Mailto:lknight@dol.wa.gov
Sincerely,
Lawna Knight
Administrative Assistant to
Trudie Touchette/Susan Colard
Professional Licensing Support Services
W:(360) 664-6643 F: (360) 570-4957
Mailto:lknight@dol.wa.gov
Friday, October 30, 2009
Minutes from October 22, 2009 meeting
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
October 22, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Dan Quirong, Management Analyst 1
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Geisha Elsea, Patti Rathbun, Miriah Wyrick, Ben Rogers, Marco Hernandez, Kathleen Tahitaker, Aaron Amundson, Jacqueline Gibson, Joanna Schlosser, Cameron Coolk, Maxwel Dannend, Pam Rowski, Mike Rempe
Agenda:
Introductions
Review Minutes and Action Items from 10/8/09
Review Draft Law
Lunch
Complete Review
Next Steps
Introduction:
Introductions were made of Advisory Committee, Department Staff and Audience.
Correspondence:
Safford, Fred - CA – Has concerns regarding the current tattoo law and how the basic competencies, sterilization as a statewide rule, grandfathering requirements, and body art scope will be written.
Review Minutes and Action Items from 10/8/09.
Draft Law Language Discussion:
DECISION: Move implementation date from July 2010 to January 2011.
DECISION: “Body Piercing” definition was changed to meet what Texas is currently using. The Association of Professional Piercers are working on a definition for body piercing.
DECISION: Amend the law to change “Individual” license title to “Artist Operator”. Also created a definition for “Mobile Unit” and “Guest Artist”.
DECISION: Temporary individual license for a non resident for less than 30 days.
DECISION: Temporary location license for a non resident for less than 14 days at one location in a calendar year.
DECISION: A location license will allow a licensed artist to work at another location unless you are out of state.
DECISION: grandfather language requirements include:
* 18 years of age
* 12 consecutive months practice within the last 3 years
* Holds a current certification for bloodborne pathogen training
There were discussions about inconsistencies in the internship training. Some permanent cosmetic trainers currently train for 100 hours, however the tattoo industry requires an 8 month internship.
Other points include:
* Changing from 100 hrs to 8 months is not feasible for permanent cosmetics.
* Tattoo representative are concerned about permanent cosmetic students not having a long enough training period.
Action items for the next meeting:
* Mark will report back when “Body Piercing” definition is created (by Association of professional piercers).
* The Department should include consumer information/public education on the DOL website.
* The Department will conduct research into insurance requirements for tattoo and body piercers.
* The Department will review Nevada language for tattoo – Clark County.
* The Department will review the 7 year experience requirement for instructors to see if higher than other states.
* Obtain a sponsor for the bill.
* The Department will draft language on the definition of piercing-ongoing
* The Department will draft language on the definition of healthcare professionals-N/A
* The Department will be working on how to properly inspect a shop.
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
October 22, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Dan Quirong, Management Analyst 1
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Geisha Elsea, Patti Rathbun, Miriah Wyrick, Ben Rogers, Marco Hernandez, Kathleen Tahitaker, Aaron Amundson, Jacqueline Gibson, Joanna Schlosser, Cameron Coolk, Maxwel Dannend, Pam Rowski, Mike Rempe
Agenda:
Introductions
Review Minutes and Action Items from 10/8/09
Review Draft Law
Lunch
Complete Review
Next Steps
Introduction:
Introductions were made of Advisory Committee, Department Staff and Audience.
Correspondence:
Safford, Fred - CA – Has concerns regarding the current tattoo law and how the basic competencies, sterilization as a statewide rule, grandfathering requirements, and body art scope will be written.
Review Minutes and Action Items from 10/8/09.
Draft Law Language Discussion:
DECISION: Move implementation date from July 2010 to January 2011.
DECISION: “Body Piercing” definition was changed to meet what Texas is currently using. The Association of Professional Piercers are working on a definition for body piercing.
DECISION: Amend the law to change “Individual” license title to “Artist Operator”. Also created a definition for “Mobile Unit” and “Guest Artist”.
DECISION: Temporary individual license for a non resident for less than 30 days.
DECISION: Temporary location license for a non resident for less than 14 days at one location in a calendar year.
DECISION: A location license will allow a licensed artist to work at another location unless you are out of state.
DECISION: grandfather language requirements include:
* 18 years of age
* 12 consecutive months practice within the last 3 years
* Holds a current certification for bloodborne pathogen training
There were discussions about inconsistencies in the internship training. Some permanent cosmetic trainers currently train for 100 hours, however the tattoo industry requires an 8 month internship.
Other points include:
* Changing from 100 hrs to 8 months is not feasible for permanent cosmetics.
* Tattoo representative are concerned about permanent cosmetic students not having a long enough training period.
Action items for the next meeting:
* Mark will report back when “Body Piercing” definition is created (by Association of professional piercers).
* The Department should include consumer information/public education on the DOL website.
* The Department will conduct research into insurance requirements for tattoo and body piercers.
* The Department will review Nevada language for tattoo – Clark County.
* The Department will review the 7 year experience requirement for instructors to see if higher than other states.
* Obtain a sponsor for the bill.
* The Department will draft language on the definition of piercing-ongoing
* The Department will draft language on the definition of healthcare professionals-N/A
* The Department will be working on how to properly inspect a shop.
Tuesday, October 20, 2009
October 8th DOL meeting minutes
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
October 8, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mark Collins, Debra Glugla, Scott Falbo
Audience: Dan Quirong, Christine Anthony, Patti Rathbun, Geisha Elsea, Cameron Cook, Maxwell Danner, Luis Martinez, Joanna Schlosser, Genia Gafanney, Thalia Brown, Charles Kincaid, Miriah Wyrick, Katherine Backman, Dave Brown, Pam Rogoski, Damon Conklin, Jacqueline Gibson, Travis Puckett, Will Bodnar,
Agenda:
Introductions
Review Minutes and Agenda Items from September 18th, 2009 meeting
Christine Anthony-Communication Plan
Review Draft Law Changes
Introductions were made of Advisory Committee, Department Staff and Audience
Committee reviewed minutes and agenda items from September 18, 2009 meeting.
Minutes were approved with one correction of a public attendee’s name.
Trudie introduced Christine Anthony, Public Relations Consultant.
Christine explained the plan is to start the communication to the public by sending out a press release in April 2010. She asked the group to give their ideas on the best avenues specific to the trades that would be helpful in contacting the industry professionals; i.e. newspapers, magazines, associations, etc. She expects that the media will most likely put out the communications in late June.
The second phase of the communication will be more of a reminder to the unlicensed professionals to get on board in obtaining a license.
Christine asked the group if they would like the Department to develop a brochure with after-care instructions that individuals can print off the website.
The following associations were noted by the committee as being good contacts for notification: Alliance of Professional Tattooists, National Tattooist Association, Association of Professional Piercers, Society of Permanent Cosmetics Professionals, American Academy of Micro pigmentation.
Conferences/Conventions Coming Up:
February 12-14th, 2010 Ink Travelers Convention, Vancouver, WA
May 14-16th, 2010 Lilac City Tattoo Expo, Spokane, WA
Committee members suggested the Department attend to provide information to the public on the licensing law. There was interest from the committee in assisting the department in providing information to the attendees of the convention.
Review of Draft Law Changes:
Personal Services:
DECISION: Group decided to prohibit personal services licenses on the basis of sanitation concerns.
ACTION: Department will look at wording for this.
Guest Operator Definition:
Discussion took place surrounding the need for the ability to work at another shop or convention if you are already licensed in Washington without obtaining a second license. Neither the location or operator license covers this option.
DECISION: Clarify Guest Artist language to rules.
ACTION: The Department will check with Dept. of Revenue on whether the UBI is needed for guest license.
ACTION: The Department will look at other states’ language on the location/operator licenses to provide availability for operators to work at a different location for a certain amount of time without having to obtain a location license.
Discussion on the Medical Quality Assurance Commission (MQAC) Interpretive Statement on Body Piercing. Trudie provided a copy of the interpretive statement. MQAC is scheduled to hold a meeting on December 4, 2009, to address this interpretive statement.
DECISION: It was voted and passed by majority of the group to use Texas’ statute language for the definition of body piercing: “the creation of an opening in an individual’s body, other than in the individual’s earlobe to insert jewelry or another decoration.”
Grandfather Period:
DECISION: change the grandfather period to state having twelve consecutive months of experience within the last three years.
Other language changes:
DECISION: In order to qualify as a trainer for interns the operator must hold a current license and have seven “consecutive” years of documented experience.
DECISION: Individuals from another jurisdiction (state) must have one year documented experience in order to qualify for an artist operator license.
DECISION: Define tattoo to include permanent makeup.
DECISION: Delay implementation date to January 1, 2011, to allow time for drafting rules.
ACTION ITEMS:
* Obtain a sponsor for the bill
* Trudie asked all to send any conference/convention/association meeting dates via email to the Department.
* Review Fiscal Note for estimated expenditures/revenue-Completed
* Invite Christine Anthony, Public Relations Consultant to discuss common language for media-Completed
* Department will bring the current drafted law changes for tattooing: Completed
* Department will bring back draft grandfather language with edits-Completed
Next meeting:
* Review draft edits of law
* Start drafting rules
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
October 8, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mark Collins, Debra Glugla, Scott Falbo
Audience: Dan Quirong, Christine Anthony, Patti Rathbun, Geisha Elsea, Cameron Cook, Maxwell Danner, Luis Martinez, Joanna Schlosser, Genia Gafanney, Thalia Brown, Charles Kincaid, Miriah Wyrick, Katherine Backman, Dave Brown, Pam Rogoski, Damon Conklin, Jacqueline Gibson, Travis Puckett, Will Bodnar,
Agenda:
Introductions
Review Minutes and Agenda Items from September 18th, 2009 meeting
Christine Anthony-Communication Plan
Review Draft Law Changes
Introductions were made of Advisory Committee, Department Staff and Audience
Committee reviewed minutes and agenda items from September 18, 2009 meeting.
Minutes were approved with one correction of a public attendee’s name.
Trudie introduced Christine Anthony, Public Relations Consultant.
Christine explained the plan is to start the communication to the public by sending out a press release in April 2010. She asked the group to give their ideas on the best avenues specific to the trades that would be helpful in contacting the industry professionals; i.e. newspapers, magazines, associations, etc. She expects that the media will most likely put out the communications in late June.
The second phase of the communication will be more of a reminder to the unlicensed professionals to get on board in obtaining a license.
Christine asked the group if they would like the Department to develop a brochure with after-care instructions that individuals can print off the website.
The following associations were noted by the committee as being good contacts for notification: Alliance of Professional Tattooists, National Tattooist Association, Association of Professional Piercers, Society of Permanent Cosmetics Professionals, American Academy of Micro pigmentation.
Conferences/Conventions Coming Up:
February 12-14th, 2010 Ink Travelers Convention, Vancouver, WA
May 14-16th, 2010 Lilac City Tattoo Expo, Spokane, WA
Committee members suggested the Department attend to provide information to the public on the licensing law. There was interest from the committee in assisting the department in providing information to the attendees of the convention.
Review of Draft Law Changes:
Personal Services:
DECISION: Group decided to prohibit personal services licenses on the basis of sanitation concerns.
ACTION: Department will look at wording for this.
Guest Operator Definition:
Discussion took place surrounding the need for the ability to work at another shop or convention if you are already licensed in Washington without obtaining a second license. Neither the location or operator license covers this option.
DECISION: Clarify Guest Artist language to rules.
ACTION: The Department will check with Dept. of Revenue on whether the UBI is needed for guest license.
ACTION: The Department will look at other states’ language on the location/operator licenses to provide availability for operators to work at a different location for a certain amount of time without having to obtain a location license.
Discussion on the Medical Quality Assurance Commission (MQAC) Interpretive Statement on Body Piercing. Trudie provided a copy of the interpretive statement. MQAC is scheduled to hold a meeting on December 4, 2009, to address this interpretive statement.
DECISION: It was voted and passed by majority of the group to use Texas’ statute language for the definition of body piercing: “the creation of an opening in an individual’s body, other than in the individual’s earlobe to insert jewelry or another decoration.”
Grandfather Period:
DECISION: change the grandfather period to state having twelve consecutive months of experience within the last three years.
Other language changes:
DECISION: In order to qualify as a trainer for interns the operator must hold a current license and have seven “consecutive” years of documented experience.
DECISION: Individuals from another jurisdiction (state) must have one year documented experience in order to qualify for an artist operator license.
DECISION: Define tattoo to include permanent makeup.
DECISION: Delay implementation date to January 1, 2011, to allow time for drafting rules.
ACTION ITEMS:
* Obtain a sponsor for the bill
* Trudie asked all to send any conference/convention/association meeting dates via email to the Department.
* Review Fiscal Note for estimated expenditures/revenue-Completed
* Invite Christine Anthony, Public Relations Consultant to discuss common language for media-Completed
* Department will bring the current drafted law changes for tattooing: Completed
* Department will bring back draft grandfather language with edits-Completed
Next meeting:
* Review draft edits of law
* Start drafting rules
Thursday, October 1, 2009
September 18th meeting minutes
I'd like to make a few comments to start out with before the official minutes.
In my opinion these meeting are going surprisingly well. The Department of Licensing has listened to us and taken our advise on every issue that has come up. They have said repeatedly that we are the experts and they are very happy we are there to advise them on the issues. The conversations are thorough and lively. We sometimes have disagreements among the advisers and debate until we come to a simple compromise. We vote and almost always have a unanimous result after discussions. It's quite an honor to be a part of the process and I'd like to invite everyone to come down and sit in on a meeting. They are open to the public and the public is always allowed to comment on topics as they are brought up.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation please call (360) 664-6643 or TTY (360) 664-8885.
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
September 18, 2009
9a.m.-2p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Tim McCarthy, David Conklin, Luis Martinez, Ted Turner, Lisa Benedict, Aaron Amundson, Joanna Schlosser, Jackie Gibson, Genia Gaffaney, Geisha Elsea, Patti Rathbun, Dan Quirong
Agenda:
Introductions
Review minutes from September 4, 2009 meeting and action items
Law Review-Starting with Section 14
Parking Lot Items
Nebraska License Info
Introductions were made of Advisory Committee, Department Staff and Audience
Action Item Update from September 4, 2009 meeting:
• Scott will contact Nevada State to see if they have a copy of their exam as a model
• Trudie will ask Christine Anthony to come to a meeting to discuss options for media plan-October 8th, 2009
• Bring back some drafted language for grandfathering and qualifications-Provided
• Partner with Department of Revenue/Department of Health to develop brochure (future)-Ongoing
Patti Rathbun, Department of Health explained that she has started pulling rules from all 50 states and looking for sterilization procedures and they all seem to be consistent. She plans to draft the components of the rules in the next month and will bring them to the November 5th meeting for the committee to review.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation please call (360) 664-6643 or TTY (360) 664-8885.
Continued review of Bill:
Section 14. No changes
Section 15. No changes
Section 16. No changes
Section 17. No changes
Section 18. No changes
Section 19. No changes
Section 20. Question on whether we need this in the new law.
Section 21. No changes
Section 22. No changes
Section 23. No changes
Section 24. No changes
Section 25. No changes
Parking Lot Items:
Nebraska information on guest licenses was reviewed.
Proposed definition of Guest Artist:
Any Individual who is a non-resident of the State of Washington who will engage in the practice defined in this chapter Sub (2) (1)(2), for a period of less than 30 days, will be required to register as a guest artist operator and obtain the appropriate business license through the Department of Revenue.
Proposed grandfather language:
(1) A person who applies for licensing on or before June 30, 2011 shall be considered to be qualified for licensing if the applicant has the following qualifications:
a. Is at least 18 years of age;
b. Provides proof of a minimum of one consecutive year practicing in the business of the profession of body art, body piercing or tattooing within the last seven years; and
c. Holds a current certification of Blood Born Pathogen training.
Proposed language after grandfather period:
(2) Applicants applying on or after July 1, 2011, will be required to meet the following requirements:
a. Is at least 18 years of age;
b. Provides proof of completion of an 8 month internship with training provided by an individual who has seven years documented experience in the profession of body art, body piercing or tattooing;
c. Holds a current certification of Blood Born Pathogen training; and
d. Meets all industry specific requirements as defined in rule.
• Section should include language that includes out of state licensees.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation please call (360) 664-6643 or TTY (360) 664-8885.
• Reciprocity should state the same as (1).
Piercing Guns discussion:
Committee discussed the possibility of needing to include piercing of the earlobe due to public safety concerns. Committee will discuss further at future meetings.
Body Art discussion:
• Committee discussed options of excluding extreme forms of body art in law due to insurance rates and liability reasons.
• Discussed option of excluding it in rule but keeping it in law because it is a growing population.
• Make an endorsement called “extreme body modification”.
• Excluding scarification, tongue splitting, suspension.
• Dermal Anchors were discussed and decided to not be considered an implant.
ACTION ITEMS:
• Department will bring in Fiscal Note for estimated expenditures/revenue.
• Invite Chris Anthony, Public Relations Consultant to next meeting to discuss common language for media.
• Department will bring the current law for tattooing to next meeting.
• Department will bring back draft grandfather language with edits.
Next Meeting: Begin drafting rules for the law.
Meeting adjourned: 2:00p.m.
In my opinion these meeting are going surprisingly well. The Department of Licensing has listened to us and taken our advise on every issue that has come up. They have said repeatedly that we are the experts and they are very happy we are there to advise them on the issues. The conversations are thorough and lively. We sometimes have disagreements among the advisers and debate until we come to a simple compromise. We vote and almost always have a unanimous result after discussions. It's quite an honor to be a part of the process and I'd like to invite everyone to come down and sit in on a meeting. They are open to the public and the public is always allowed to comment on topics as they are brought up.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation please call (360) 664-6643 or TTY (360) 664-8885.
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
September 18, 2009
9a.m.-2p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Tim McCarthy, David Conklin, Luis Martinez, Ted Turner, Lisa Benedict, Aaron Amundson, Joanna Schlosser, Jackie Gibson, Genia Gaffaney, Geisha Elsea, Patti Rathbun, Dan Quirong
Agenda:
Introductions
Review minutes from September 4, 2009 meeting and action items
Law Review-Starting with Section 14
Parking Lot Items
Nebraska License Info
Introductions were made of Advisory Committee, Department Staff and Audience
Action Item Update from September 4, 2009 meeting:
• Scott will contact Nevada State to see if they have a copy of their exam as a model
• Trudie will ask Christine Anthony to come to a meeting to discuss options for media plan-October 8th, 2009
• Bring back some drafted language for grandfathering and qualifications-Provided
• Partner with Department of Revenue/Department of Health to develop brochure (future)-Ongoing
Patti Rathbun, Department of Health explained that she has started pulling rules from all 50 states and looking for sterilization procedures and they all seem to be consistent. She plans to draft the components of the rules in the next month and will bring them to the November 5th meeting for the committee to review.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation please call (360) 664-6643 or TTY (360) 664-8885.
Continued review of Bill:
Section 14. No changes
Section 15. No changes
Section 16. No changes
Section 17. No changes
Section 18. No changes
Section 19. No changes
Section 20. Question on whether we need this in the new law.
Section 21. No changes
Section 22. No changes
Section 23. No changes
Section 24. No changes
Section 25. No changes
Parking Lot Items:
Nebraska information on guest licenses was reviewed.
Proposed definition of Guest Artist:
Any Individual who is a non-resident of the State of Washington who will engage in the practice defined in this chapter Sub (2) (1)(2), for a period of less than 30 days, will be required to register as a guest artist operator and obtain the appropriate business license through the Department of Revenue.
Proposed grandfather language:
(1) A person who applies for licensing on or before June 30, 2011 shall be considered to be qualified for licensing if the applicant has the following qualifications:
a. Is at least 18 years of age;
b. Provides proof of a minimum of one consecutive year practicing in the business of the profession of body art, body piercing or tattooing within the last seven years; and
c. Holds a current certification of Blood Born Pathogen training.
Proposed language after grandfather period:
(2) Applicants applying on or after July 1, 2011, will be required to meet the following requirements:
a. Is at least 18 years of age;
b. Provides proof of completion of an 8 month internship with training provided by an individual who has seven years documented experience in the profession of body art, body piercing or tattooing;
c. Holds a current certification of Blood Born Pathogen training; and
d. Meets all industry specific requirements as defined in rule.
• Section should include language that includes out of state licensees.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation please call (360) 664-6643 or TTY (360) 664-8885.
• Reciprocity should state the same as (1).
Piercing Guns discussion:
Committee discussed the possibility of needing to include piercing of the earlobe due to public safety concerns. Committee will discuss further at future meetings.
Body Art discussion:
• Committee discussed options of excluding extreme forms of body art in law due to insurance rates and liability reasons.
• Discussed option of excluding it in rule but keeping it in law because it is a growing population.
• Make an endorsement called “extreme body modification”.
• Excluding scarification, tongue splitting, suspension.
• Dermal Anchors were discussed and decided to not be considered an implant.
ACTION ITEMS:
• Department will bring in Fiscal Note for estimated expenditures/revenue.
• Invite Chris Anthony, Public Relations Consultant to next meeting to discuss common language for media.
• Department will bring the current law for tattooing to next meeting.
• Department will bring back draft grandfather language with edits.
Next Meeting: Begin drafting rules for the law.
Meeting adjourned: 2:00p.m.
September 4th meeting minutes
(I apologize for the delay in posting these minutes.)
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation, please call (360) 664-6643 or TTY (360) 664-8885.
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
September 4, 2009
9a.m.-3p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny
Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Pat Heyn, Geisha Elsea, Jimmy Walters, Ralph Osgood, Genia Gaffaney,
Joanna Schlosser, Damon Conklin
Agenda:
Introductions
Review minutes from August 21, 2009 meeting and action items
Law Review-Starting with Section 6
Identify needed changes to law (if any)
Introductions were made of Advisory Committee, Department Staff and Audience
Action Item Update from August 21, 2009 meeting:
• Department will provide a copy of the Uniform Regulation of Business and
Professions RCW - Copy Provided
• Department will research other states’ best practices in regards to mobile
and personal service operators – Listing of state rules were provided
• Department will put links to other state’s laws on the Department of
Licensing website. – A link to a third party website will be posted on the website.
Provided a webpage printout as a resource to use.
• Department will provide Candidate Information Bulletins (CIB) for National
Interstate Council of Boards of Cosmetology (NIC) body piercing, tattoo
exams to committee members – CIB’s were sent via email and copies were
provided at meeting.
• Update Status of Department of Health Rule Development – Reported that
CR101 should be filed within the next couple of weeks. This starts the process
for drafting and adopting rules.
• Troy Amundson will email state regulations on blood borne pathogens - Not
received.
• Department will bring language for “grandfather” period for operators from
the cosmetology law - Susan will discuss in meeting.
Page 2
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation, please call (360) 664-6643 or TTY (360) 664-8885.
September 4, 2009
Page 2
• Christy Brooker will provide list of shops that she has compiled- List is
compiled.
Section 6: Discussion on section six relating to qualifications for a license. The group
identified the following requirements:
• Applicant must be 18 years of age or older
• Satisfactory completion of 8-month internship under a licensee with 7 years
experience or in school training with a curriculum defined in rule
• Proof of current Blood Born Pathogen Certification as defined in rule
• Complete application
• Fee
Grandfather requirements: Susan presented some language from other program areas
and the following requirements were identified by the group:
• 18 years of age
• Proof of Blood Borne Pathogen Certification
• Insurance
• Proof of a minimum two years performing body piercing/body art or tattooing
services.
• Business license
Department of Revenue Presentation
John Wack, Tax information specialist from Department of Revenue spoke to the group
and provided information relating to which tax categories tattooing and piercing services
fall into. For specific questions and answers in writing John encouraged that individuals
contact Department of Revenue at www.dor.wa.gov . A tax requirement guide is also
available at this site.
Section 8 – No changes to this section
Discussion to clarify this section included:
• Yes answer on an application (convictions of criminal or civil action) will require
a background check on the applicant
• Insurance on the Business is mandatory
• Individual “employee” holding insurance is “employers” choice
• The safety and sanitation rule book used by cosmetology was shared and the
committee agreed they would like to see the same thing for their professions
• Licenses must be posted
Page 3
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation, please call (360) 664-6643 or TTY (360) 664-8885.
September 4, 2009
Page 3
• Complaint process was reviewed
Section 9 – No change to this section
• Refers to the Inspection notice
• Inspection results must be posted
Section 10 – No change to this section
• Refers to the requirement for a individual license for anyone providing piercing or
tattooing services in a shop
• Current law needs a correction “with the appropriate individual license needs to
be changed to without the appropriate individual license
• Need to maintain minimum standards with a focus on public safety.
Section 11 – No change to this section
• Reviewed guidelines for disciplinary action
Section 12 – No change to this section
• Review of possible sanctions resulting from disciplinary actions
Section 13 – No change to this section
• BAP – Discussion on the Brief Adjudicative Proceedings that are used when
administrative action is being taken on a shop or individual in violation of the
law. The process assures all are given the right to appeal any decision of the
department.
ACTION ITEMS:
• Scott will contact Nevada State to see if they have a copy of their exam as a
model.
• Trudie will ask Christine Anthony to come to a meeting to discuss options for
media plan.
• Bring back some drafted language for grandfathering and qualifications.
• Partner with Department of Revenue/Department of Health to develop brochure
(future).
Meeting Adjourned: 3:00 p.
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation, please call (360) 664-6643 or TTY (360) 664-8885.
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
September 4, 2009
9a.m.-3p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny
Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Pat Heyn, Geisha Elsea, Jimmy Walters, Ralph Osgood, Genia Gaffaney,
Joanna Schlosser, Damon Conklin
Agenda:
Introductions
Review minutes from August 21, 2009 meeting and action items
Law Review-Starting with Section 6
Identify needed changes to law (if any)
Introductions were made of Advisory Committee, Department Staff and Audience
Action Item Update from August 21, 2009 meeting:
• Department will provide a copy of the Uniform Regulation of Business and
Professions RCW - Copy Provided
• Department will research other states’ best practices in regards to mobile
and personal service operators – Listing of state rules were provided
• Department will put links to other state’s laws on the Department of
Licensing website. – A link to a third party website will be posted on the website.
Provided a webpage printout as a resource to use.
• Department will provide Candidate Information Bulletins (CIB) for National
Interstate Council of Boards of Cosmetology (NIC) body piercing, tattoo
exams to committee members – CIB’s were sent via email and copies were
provided at meeting.
• Update Status of Department of Health Rule Development – Reported that
CR101 should be filed within the next couple of weeks. This starts the process
for drafting and adopting rules.
• Troy Amundson will email state regulations on blood borne pathogens - Not
received.
• Department will bring language for “grandfather” period for operators from
the cosmetology law - Susan will discuss in meeting.
Page 2
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation, please call (360) 664-6643 or TTY (360) 664-8885.
September 4, 2009
Page 2
• Christy Brooker will provide list of shops that she has compiled- List is
compiled.
Section 6: Discussion on section six relating to qualifications for a license. The group
identified the following requirements:
• Applicant must be 18 years of age or older
• Satisfactory completion of 8-month internship under a licensee with 7 years
experience or in school training with a curriculum defined in rule
• Proof of current Blood Born Pathogen Certification as defined in rule
• Complete application
• Fee
Grandfather requirements: Susan presented some language from other program areas
and the following requirements were identified by the group:
• 18 years of age
• Proof of Blood Borne Pathogen Certification
• Insurance
• Proof of a minimum two years performing body piercing/body art or tattooing
services.
• Business license
Department of Revenue Presentation
John Wack, Tax information specialist from Department of Revenue spoke to the group
and provided information relating to which tax categories tattooing and piercing services
fall into. For specific questions and answers in writing John encouraged that individuals
contact Department of Revenue at www.dor.wa.gov . A tax requirement guide is also
available at this site.
Section 8 – No changes to this section
Discussion to clarify this section included:
• Yes answer on an application (convictions of criminal or civil action) will require
a background check on the applicant
• Insurance on the Business is mandatory
• Individual “employee” holding insurance is “employers” choice
• The safety and sanitation rule book used by cosmetology was shared and the
committee agreed they would like to see the same thing for their professions
• Licenses must be posted
Page 3
The Department of Licensing has a policy of providing equal access to its services.
If you need special accommodation, please call (360) 664-6643 or TTY (360) 664-8885.
September 4, 2009
Page 3
• Complaint process was reviewed
Section 9 – No change to this section
• Refers to the Inspection notice
• Inspection results must be posted
Section 10 – No change to this section
• Refers to the requirement for a individual license for anyone providing piercing or
tattooing services in a shop
• Current law needs a correction “with the appropriate individual license needs to
be changed to without the appropriate individual license
• Need to maintain minimum standards with a focus on public safety.
Section 11 – No change to this section
• Reviewed guidelines for disciplinary action
Section 12 – No change to this section
• Review of possible sanctions resulting from disciplinary actions
Section 13 – No change to this section
• BAP – Discussion on the Brief Adjudicative Proceedings that are used when
administrative action is being taken on a shop or individual in violation of the
law. The process assures all are given the right to appeal any decision of the
department.
ACTION ITEMS:
• Scott will contact Nevada State to see if they have a copy of their exam as a
model.
• Trudie will ask Christine Anthony to come to a meeting to discuss options for
media plan.
• Bring back some drafted language for grandfathering and qualifications.
• Partner with Department of Revenue/Department of Health to develop brochure
(future).
Meeting Adjourned: 3:00 p.
Tuesday, September 1, 2009
Department of Licensing hiring program manager for Body Art
Tattoo/ Body Art/Body Piercing Program Manager
Washington Management Service, Band 2
Olympia, Washington
Annual Compensation: $52,800 – 68,000 (DOQ)
Closes: September 7, 2009
MISSION
One vision, one voice - working together for a
safer Washington
VISION
Great people, great service - excellence every
time.
ABOUT DOL
◊DOL is the 2
nd
largest revenue generating
agency in the state collecting over $1.9 billion
annually in fees and taxes on fuel and vehicle
related services. More than 85 percent of state
funding for Washington’s transportation typically
comes from revenue DOL collects on behalf of
the state.
◊DOL employs more than 1,300 people in
various locations throughout the state of
Washington.
To learn more about DOL check out our website.
WHY WORK AT DOL?
At DOL we hire the brightest and most
committed people that we can get our hands on.
Once aboard, we do our best to keep them here
by encouraging personal and professional
growth. Some of the benefits of working at DOL
are:
◊Great people and great leadership equal a
great place to work! DOL employees are some
of the finest that state government has to offer.
We enjoy a reputation of being an industry
leader. We make sure each employee is treated
fairly and knows how their position contributes
to the agencies mission: One vision, one voice –
working together for a safer Washington.
◊Professional growth opportunities. At DOL we
understand the importance of building on the
talent we already have. DOL offers a wide
variety of professional development training
geared towards your individual needs. Because
we put special emphasis on training our
employees, you can bet there will be promotional
opportunities available to you within DOL. No
matter what your professional goals are, we’ll do
our best to help get you there.
◊We care about and take care of our employees!
DOL employees also have access to the
NEW GROUND FOR DOL – WHERE DO YOU FIT IN?
In the latest legislative session, new laws were established that require
the licensing and regulation of businesses and individuals engaged in
the practices of body art, body piercing, and tattooing. Department of
Licensing staff will partner with Department of Health representatives
and possibly Department of Revenue employees to implement the
different aspects of the new laws. We’re looking for a strong leader to
help us create and implement the plans, mechanisms and partnerships
necessary to institute and promote this new program by July of 2010.
THE OPPORTUNITY
Reporting to the Professional Licensing Support Services (PLSS)
Assistant Administrator, this position will work collaboratively with
other state employees and stakeholders to develop and oversee
licensing, inspection and investigation activities for the businesses of
tattooing, body art and body piercing. Further, this Program Manager
will monitor industry trends, program expenses and budget
requirements to aid in long range planning for program needs,
including legislation, rule changes and development of decision
packages for program enhancements and sustainability.
In addition to planning, coaching, and evaluating the work of three
other team members, the Program Manager will participate as a
member of the PLSS management team and contribute to the
formulation of the group’s strategic plan.
WORKING CONDITIONS:
Incumbent must be agreeable to the following in order to perform the
duties of this job.
-
Frequent travel to, and inspection of Body Art/Body Piercing/Tattoo
businesses with potential exposure to biohazards.
-
Work hours beyond 40 per week when necessary to meet business
objectives.
-
Flexible hours within the workday and work week to accommodate
inspection of businesses.
QUALIFICATIONS:
•
A minimum of two years experience developing, monitoring and
managing a budget of one million dollars or more;
• Two or more years experience supervising staff to include planning,
coaching, mentoring and evaluating performance;
•
Experience using advanced principles of management, including
strategic and operational planning;
Page 2
Page 2
Employee Assistance Program that assists
employees and their family members resolve
personal or work-related problems at no cost to
the employee.
◊Work life balance. DOL realizes that employee
satisfaction leads to improved organizational
performance. With up to 12-22 days of paid
vacation, 12 days of paid sick leave, 11 paid
holidays, and paid military/civil leave, you’ll have
time to focus on what’s most important to you,
both in and outside of the workplace.
◊Quality healthcare and dental coverage for you
and your dependents. With four affordable
healthcare plans and three free of charge dental
plans to choose from, you’ll be able to choose
the insurance that best fit the needs of you and
your dependents.
◊Retirement and savings plans. At DOL we
acknowledge that planning your financial future
is important to you. DOL employees have the
option of choosing between two employer match
retirement plans and an optional deferred
compensation plan that can be invested how you
choose.
◊Life insurance coverage.
◊Long term disability insurance.
◊Optional flexible spending account.
◊Optional long term care insurance.
◊Optional discounted auto and home insurance
plans.
DIVERSITY
The Washington State Department of Licensing
celebrates a diverse workforce. It is our policy
to provide equal opportunity in all terms and
conditions of employment. We encourage all
qualified persons, including members of
protected groups under applicable state or
federal law, to apply for our open positions.
Persons with disabilities who need assistance in
the application process or those needing this
announcement in an alternate format may call
(360) 664-1510 or TTY (360) 664-9492.
•
Proven experience in communicating effectively across a broad
spectrum of personnel/management;
•
Experience in development of legislation and rules;
•
Experience in reading, interpreting and critiquing proposed laws,
regulations, policies and procedures;
•
Experience with coordinating activities, schedules and services of a
work unit to ensure efficient operation.
Preferred/Desired Education and Experience
•
Bachelor’s degree in public administration, business management or
closely allied field; or
•
Two years of proven progressively responsible supervisory or
management experience.
APPLICATION INSTRUCTIONS
To apply for this position, e-mail the following to HRrecruit@dol.wa.gov with
a subject line of “09-070W –Tattoo”.
1. A written explanation describing how your skills and experience meet
the QUALIFICATIONS listed in this announcement.
2. Your chronological resume depicting work experience and/or education
that support your letter of interest.
3. A list of at least 3 professional references including names, professional
titles, and current phone numbers.
NOTES
This position is in the Washington Management Service (WMS), Band 2.
Annual compensation is between $52,800 and $68,000 and may be
negotiable depending upon qualifications. Additionally, WMS incumbents
may be eligible for additional progression increases in recognition of growth
and development on the job.
The act of submitting application materials is considered affirmation that the
information provided is complete and truthful. Prior to any new appointment
into DOL, a background check will be conducted.
The candidate pool certified for this recruitment may be used to fill future
similar vacancies for up to six months.
Washington Management Service, Band 2
Olympia, Washington
Annual Compensation: $52,800 – 68,000 (DOQ)
Closes: September 7, 2009
MISSION
One vision, one voice - working together for a
safer Washington
VISION
Great people, great service - excellence every
time.
ABOUT DOL
◊DOL is the 2
nd
largest revenue generating
agency in the state collecting over $1.9 billion
annually in fees and taxes on fuel and vehicle
related services. More than 85 percent of state
funding for Washington’s transportation typically
comes from revenue DOL collects on behalf of
the state.
◊DOL employs more than 1,300 people in
various locations throughout the state of
Washington.
To learn more about DOL check out our website.
WHY WORK AT DOL?
At DOL we hire the brightest and most
committed people that we can get our hands on.
Once aboard, we do our best to keep them here
by encouraging personal and professional
growth. Some of the benefits of working at DOL
are:
◊Great people and great leadership equal a
great place to work! DOL employees are some
of the finest that state government has to offer.
We enjoy a reputation of being an industry
leader. We make sure each employee is treated
fairly and knows how their position contributes
to the agencies mission: One vision, one voice –
working together for a safer Washington.
◊Professional growth opportunities. At DOL we
understand the importance of building on the
talent we already have. DOL offers a wide
variety of professional development training
geared towards your individual needs. Because
we put special emphasis on training our
employees, you can bet there will be promotional
opportunities available to you within DOL. No
matter what your professional goals are, we’ll do
our best to help get you there.
◊We care about and take care of our employees!
DOL employees also have access to the
NEW GROUND FOR DOL – WHERE DO YOU FIT IN?
In the latest legislative session, new laws were established that require
the licensing and regulation of businesses and individuals engaged in
the practices of body art, body piercing, and tattooing. Department of
Licensing staff will partner with Department of Health representatives
and possibly Department of Revenue employees to implement the
different aspects of the new laws. We’re looking for a strong leader to
help us create and implement the plans, mechanisms and partnerships
necessary to institute and promote this new program by July of 2010.
THE OPPORTUNITY
Reporting to the Professional Licensing Support Services (PLSS)
Assistant Administrator, this position will work collaboratively with
other state employees and stakeholders to develop and oversee
licensing, inspection and investigation activities for the businesses of
tattooing, body art and body piercing. Further, this Program Manager
will monitor industry trends, program expenses and budget
requirements to aid in long range planning for program needs,
including legislation, rule changes and development of decision
packages for program enhancements and sustainability.
In addition to planning, coaching, and evaluating the work of three
other team members, the Program Manager will participate as a
member of the PLSS management team and contribute to the
formulation of the group’s strategic plan.
WORKING CONDITIONS:
Incumbent must be agreeable to the following in order to perform the
duties of this job.
-
Frequent travel to, and inspection of Body Art/Body Piercing/Tattoo
businesses with potential exposure to biohazards.
-
Work hours beyond 40 per week when necessary to meet business
objectives.
-
Flexible hours within the workday and work week to accommodate
inspection of businesses.
QUALIFICATIONS:
•
A minimum of two years experience developing, monitoring and
managing a budget of one million dollars or more;
• Two or more years experience supervising staff to include planning,
coaching, mentoring and evaluating performance;
•
Experience using advanced principles of management, including
strategic and operational planning;
Page 2
Page 2
Employee Assistance Program that assists
employees and their family members resolve
personal or work-related problems at no cost to
the employee.
◊Work life balance. DOL realizes that employee
satisfaction leads to improved organizational
performance. With up to 12-22 days of paid
vacation, 12 days of paid sick leave, 11 paid
holidays, and paid military/civil leave, you’ll have
time to focus on what’s most important to you,
both in and outside of the workplace.
◊Quality healthcare and dental coverage for you
and your dependents. With four affordable
healthcare plans and three free of charge dental
plans to choose from, you’ll be able to choose
the insurance that best fit the needs of you and
your dependents.
◊Retirement and savings plans. At DOL we
acknowledge that planning your financial future
is important to you. DOL employees have the
option of choosing between two employer match
retirement plans and an optional deferred
compensation plan that can be invested how you
choose.
◊Life insurance coverage.
◊Long term disability insurance.
◊Optional flexible spending account.
◊Optional long term care insurance.
◊Optional discounted auto and home insurance
plans.
DIVERSITY
The Washington State Department of Licensing
celebrates a diverse workforce. It is our policy
to provide equal opportunity in all terms and
conditions of employment. We encourage all
qualified persons, including members of
protected groups under applicable state or
federal law, to apply for our open positions.
Persons with disabilities who need assistance in
the application process or those needing this
announcement in an alternate format may call
(360) 664-1510 or TTY (360) 664-9492.
•
Proven experience in communicating effectively across a broad
spectrum of personnel/management;
•
Experience in development of legislation and rules;
•
Experience in reading, interpreting and critiquing proposed laws,
regulations, policies and procedures;
•
Experience with coordinating activities, schedules and services of a
work unit to ensure efficient operation.
Preferred/Desired Education and Experience
•
Bachelor’s degree in public administration, business management or
closely allied field; or
•
Two years of proven progressively responsible supervisory or
management experience.
APPLICATION INSTRUCTIONS
To apply for this position, e-mail the following to HRrecruit@dol.wa.gov with
a subject line of “09-070W –Tattoo”.
1. A written explanation describing how your skills and experience meet
the QUALIFICATIONS listed in this announcement.
2. Your chronological resume depicting work experience and/or education
that support your letter of interest.
3. A list of at least 3 professional references including names, professional
titles, and current phone numbers.
NOTES
This position is in the Washington Management Service (WMS), Band 2.
Annual compensation is between $52,800 and $68,000 and may be
negotiable depending upon qualifications. Additionally, WMS incumbents
may be eligible for additional progression increases in recognition of growth
and development on the job.
The act of submitting application materials is considered affirmation that the
information provided is complete and truthful. Prior to any new appointment
into DOL, a background check will be conducted.
The candidate pool certified for this recruitment may be used to fill future
similar vacancies for up to six months.
First meeting minutes
Here are the official minutes from the first meeting. My apologies for taking too much time to update the blog about this meeting. I just received the minutes today. My opinion on the meeting follows.
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
August 21, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Dan Quirong, Christine Anthony, Thalia Brown, Yvonne Fred, Katherine Backman, Charles Strouss, Troy Amundson, others attended but did not sign in.
Agenda:
Introductions
Goals
Law Review
Identify needed changes to law (if any)
Introductions were made of Advisory Committee, Department Staff and Audience
Leslie Johnston submitted a draft mockup of rules to the Department and the Committee as a jump start.
Trudie read through Substitute Senate Bill (SSB) 5391 to discuss any areas that may need amendment.
Comments on SSB 5391:
Section 1
No changes-Some discussion on adding MRSA to the list of blood borne pathogens. However, it states in the language “including, but not limited to...” which encompasses them all.
Section 2
1. Definition of Body Art Comments: No changes
2. Definition of Body Piercing Comments: No changes at this time-more discussion may be necessary on exemption of stud & clasp piercing systems to pierce the lobe.
3. Definition of Director: No changes necessary
4. Definition of Individual License: No changes-each practice will require a license.
5. No changes-Discussion regarding the need for mobile operator or personal service operators.
6. No changes
7. Remove Subsection-Definition of tattoo artist not needed
8. Tattooing-no changes
Section 3: Duties of the Director-no changes
Section 4: Remove the term canceled from subsection 1 (a)
Section 5: No changes
Section 6: Skipping till next meeting
Section 7: No changes
Throughout the meeting the committee shared valuable information relating to their specific professions and identified needs.
Next Meeting: Starting with section 6 at next meeting.
Action Items:
* Department will provide a copy of the Uniform Regulation of Business and Professions RCW.
* Department will research other states’ best practices in regards to mobile and personal service operators.
* Department will put links to other state’s laws on the Department of Licensing website.
* Department will send Candidate Information Bulletins (CIB) for National Interstate Council of Boards of Cosmetology (NIC) body piercing, tattoo exams to committee members.
* Department will contact the Department of Health and report back to the committee on the safety and sanitation rule development process.
* Troy Amundson will email state regulations on blood borne pathogens.
* Department will bring language for “grandfather” period for operators from the cosmetology law.
* Christy Brooker will provide list of shops that she has compiled.
Homework:
Committee will bring back their ideas of minimum qualifications for their profession(s) in regards to education, minimum hours, and standards for training and exams. Do we want multiple exams, or a single exam?
My opinion:
I felt that this meeting went very well. The Department of Licensing was more than welcoming to all of us. They stated that they needed our help to make these rules and that they did not know much about our industry and would like to learn. They do not appear to want to make this an anti competitive list of requirements. We are returning this Friday with our individual ideas of what we think should be required. We all decided that this would be the most efficient way of discussing it. If we all bring our clear ideas on it than we can compare notes and make compromises. There are still a few days for you to message me with any input that you would like included in the discussion for this next meeting. Please feel free to.
Body Art, Body Piercing and Tattoo Advisory Committee
405 Black Lake Boulevard S.W., Room 209
Olympia, Washington 98502
August 21, 2009
9a.m.-5p.m.
Attendees:
Department: Trudie Touchette, Administrator
Susan Colard, Assistant Administrator
Lawna Knight, Administrative Assistant
Committee: Kenneth (Doc) Elsea, Christy Brooker, Leslie Johnston, Helen Piatt, Penny Rudy, Mary Tanneberg, Mark Collins, Debra Glugla, Scott Falbo
Audience: Dan Quirong, Christine Anthony, Thalia Brown, Yvonne Fred, Katherine Backman, Charles Strouss, Troy Amundson, others attended but did not sign in.
Agenda:
Introductions
Goals
Law Review
Identify needed changes to law (if any)
Introductions were made of Advisory Committee, Department Staff and Audience
Leslie Johnston submitted a draft mockup of rules to the Department and the Committee as a jump start.
Trudie read through Substitute Senate Bill (SSB) 5391 to discuss any areas that may need amendment.
Comments on SSB 5391:
Section 1
No changes-Some discussion on adding MRSA to the list of blood borne pathogens. However, it states in the language “including, but not limited to...” which encompasses them all.
Section 2
1. Definition of Body Art Comments: No changes
2. Definition of Body Piercing Comments: No changes at this time-more discussion may be necessary on exemption of stud & clasp piercing systems to pierce the lobe.
3. Definition of Director: No changes necessary
4. Definition of Individual License: No changes-each practice will require a license.
5. No changes-Discussion regarding the need for mobile operator or personal service operators.
6. No changes
7. Remove Subsection-Definition of tattoo artist not needed
8. Tattooing-no changes
Section 3: Duties of the Director-no changes
Section 4: Remove the term canceled from subsection 1 (a)
Section 5: No changes
Section 6: Skipping till next meeting
Section 7: No changes
Throughout the meeting the committee shared valuable information relating to their specific professions and identified needs.
Next Meeting: Starting with section 6 at next meeting.
Action Items:
* Department will provide a copy of the Uniform Regulation of Business and Professions RCW.
* Department will research other states’ best practices in regards to mobile and personal service operators.
* Department will put links to other state’s laws on the Department of Licensing website.
* Department will send Candidate Information Bulletins (CIB) for National Interstate Council of Boards of Cosmetology (NIC) body piercing, tattoo exams to committee members.
* Department will contact the Department of Health and report back to the committee on the safety and sanitation rule development process.
* Troy Amundson will email state regulations on blood borne pathogens.
* Department will bring language for “grandfather” period for operators from the cosmetology law.
* Christy Brooker will provide list of shops that she has compiled.
Homework:
Committee will bring back their ideas of minimum qualifications for their profession(s) in regards to education, minimum hours, and standards for training and exams. Do we want multiple exams, or a single exam?
My opinion:
I felt that this meeting went very well. The Department of Licensing was more than welcoming to all of us. They stated that they needed our help to make these rules and that they did not know much about our industry and would like to learn. They do not appear to want to make this an anti competitive list of requirements. We are returning this Friday with our individual ideas of what we think should be required. We all decided that this would be the most efficient way of discussing it. If we all bring our clear ideas on it than we can compare notes and make compromises. There are still a few days for you to message me with any input that you would like included in the discussion for this next meeting. Please feel free to.
Thursday, August 20, 2009
Board member list has been released
I just received this email from the Department of Licensing.
"The Department of Licensing has established a committee to advise the Department on the practice of Tattoo, Body Art, Body Piercing and Permanent Make-up. The committee will be assisting with the development of the Washington Administrative Codes (WAC’s) that will clarify the new Revised Code of Washington (RCW) that was adopted in legislature this year.
Listed below are the ten committee members as well as information relating to their profession and the area of the state they are from:
Leslie Johnston, Tattoo, Body Piercing, Shop Owner - Everett, Washington
Kenneth (Doc) Elsea, Tattoo, Body Piercing, Shop/School Owner - Leavenworth, Washington
Mark Collins, Body Piercing, Shop Owner - Anacortes/Burlington, Washington
Christy Brook, Tattoo, Body Piercing, Shop Owner - Seattle, Washington
Lonn Howard, Body Piercing, Shop Owner - Kennewick, Washington
Scott Falbo, Tattoo, Shop Owner - Olympia
Mary Tanneberg, Tattoo, Shop Owner - East Wenatchee, Washington
Penny Rudy, Tattoo, Shop Owner - Marysville, Washington
Debra Glugla, Tattoo, Shop Owner - Redmond, Washington
Helen Piatt, Tattoo - Tacoma, Washington
Meetings are open to the public and will be held at the Department of Licensing from 9am-5pm:
405 Black Lake Boulevard S.W.
Olympia, Washington 98502
Dates of meetings:
· August 21, 2009
· September 4, 2009
· September 18, 2009
· October 8, 2009
· October 22, 2009
· November 5, 2009
· November 19, 2009
Lawna Knight
Administrative Assistant to
Trudie Touchette/Susan Colard
Professional Licensing Support Services
W:(360) 664-6643 F: (360) 570-4957
Mailto:lknight@dol.wa.gov"
"The Department of Licensing has established a committee to advise the Department on the practice of Tattoo, Body Art, Body Piercing and Permanent Make-up. The committee will be assisting with the development of the Washington Administrative Codes (WAC’s) that will clarify the new Revised Code of Washington (RCW) that was adopted in legislature this year.
Listed below are the ten committee members as well as information relating to their profession and the area of the state they are from:
Leslie Johnston, Tattoo, Body Piercing, Shop Owner - Everett, Washington
Kenneth (Doc) Elsea, Tattoo, Body Piercing, Shop/School Owner - Leavenworth, Washington
Mark Collins, Body Piercing, Shop Owner - Anacortes/Burlington, Washington
Christy Brook, Tattoo, Body Piercing, Shop Owner - Seattle, Washington
Lonn Howard, Body Piercing, Shop Owner - Kennewick, Washington
Scott Falbo, Tattoo, Shop Owner - Olympia
Mary Tanneberg, Tattoo, Shop Owner - East Wenatchee, Washington
Penny Rudy, Tattoo, Shop Owner - Marysville, Washington
Debra Glugla, Tattoo, Shop Owner - Redmond, Washington
Helen Piatt, Tattoo - Tacoma, Washington
Meetings are open to the public and will be held at the Department of Licensing from 9am-5pm:
405 Black Lake Boulevard S.W.
Olympia, Washington 98502
Dates of meetings:
· August 21, 2009
· September 4, 2009
· September 18, 2009
· October 8, 2009
· October 22, 2009
· November 5, 2009
· November 19, 2009
Lawna Knight
Administrative Assistant to
Trudie Touchette/Susan Colard
Professional Licensing Support Services
W:(360) 664-6643 F: (360) 570-4957
Mailto:lknight@dol.wa.gov"
Thursday, August 13, 2009
History of the bill
This was sent to me by Troy Amundson who has been doing his best to give our industry a face in Olympia for the past five years. There have been several articles written about him in the papers during this long process.
"Hopefully, this may help alleviate some of the concerns raised by artists
regarding the passage of new state regulations. Please circulate this
email.
Beginning in 2003, Senator Jim Kastama has pursued regulations against the
tattoo and body piercing industries. His effort in this was motivated by a
constituent from his district, Kitty Candelaria. Kitty is the Director of
the National Hepatitis C Institute.
Jim Kastama
National Hepatitis C Institute
Their argument against the industry was that tattooing is one of the biggest
sources of Hepatitis C Virus (HCV) transmission.
In December 2004, I received a call from a contact at Public Health Seattle
& King County. They had received a complaint about a minor that had been
pierced without a parent present. When the health official informed the
parent that there were no laws on body piercing, the parent commented that
they had worked in Olympia and could get laws passed.
Seattle PI Article
I met with the parent and began working in support of body piercing and
scarification laws. I had two goals.
1) to secure representation as stakeholder industries,
2) to make every effort to see that only reasonable regulations could pass.
When I became aware of Senator Kastama's 2005 bill to regulate tattooing and
body piercing, I testified against it. I tried to notify as many artists as
possible of the impending legislation. This cycle has continued over the
last five years.
2005
Testified against
SB 5913 - 2009-10
SENATE BILL REPORT
SB 5913
Testified for
Seattle PI Article
HB 2090 - 2005-06
HOUSE BILL REPORT
HB 2090
Seattle PI Article
2006
Seattle Times Article
2007
Tesitified against
SB 5180 - 2009-10
SENATE BILL REPORT
SB 5180
Testified for
EHB 1383 - 2007-08
HOUSE BILL REPORT
EHB 1383
Lobbying for the body art industry
In 2008, I also testifed before the Cosmetology, Barbering, Esthetics and
Manicuring Advisory Board against the adoption of our professions under
their licensing program. I argued that tattooing, piercing, and permanent
cosmetics needed our own licensing program and should not be regulated by
the CBEM program.
2009
In January, I was notified that Senator Kastama had requested that the
Medical Quality Assurance Commission to make interpretive rulings on all
body art procedures - including traditional tattooing, permanent cosmetic
tattooing, body piercing, scarification, branding, suspension, implants, and
"tongue-splitting". It was also the same argument Kitty Candelaria had made
against my bill in a committee hearing the previous year.
I testified before the Medical Quality Assurance Commission that these
procedures should not be classified as medical. My biggest concerns are the
rulings against traditional tattooing, permanent cosmetic tattooing, and
body piercing.
Those who tattoo may face new rules
It became obvious that a number of legislators were determined to see our
professions licensed and inspected. One way or the other, it was coming
down. After almost five years of fighting Senator Kastama, I seized upon an
opportunity to force him to negotiate. We had the leverage to defuse his
biased, punitive language.
Wash. state senators push for official piercing regulations
After circulating the negotiated language to artists who have worked on
legislation in other states, it was determined this was legislation was
workable. It was not until then, that I pushed for the passage of this
bill. Over the years, I had sent out hundreds of emails to all of the
artists I could, with little to no response.
In that time, only about 20-25 artists ever showed up at committee hearings
to support these industries. The legislative session moves very quickly,
which is why most industries hire professional lobbyists to keep tabs on the
politicians. Often we only had 2-3 days notice before a committee hearing.
On several occasions, there was less than 24 hours notice of actions.
SSB 5391 is an enabling directive giving the Washington State Department of
Health and the Washington State Department of Licensing the authority to
write rules that become law under the Washington Administrative Code (WAC).
The bill itself, as written into the Revised Code of Washington (RCW) is
intentionally loose. This allows for more flexibility under the WAC. Also,
if the RCW is bad, it is much harder to change than the WAC.
It is common practice for these agencies to work with the stakeholder
industries. All of my contact with the agencies has been very positive and
encouraging.
The passage of this bill establishes our own licensing programs. It will be
modeled after the cosmetology program, which includes an advisory board of
practitioners that works with WSDOL to help make policy decisions and
changes. I believe the advisory board also represents the industries in
future legislative matters. We would be guaranteed a voice in all future
decisions relating to these industries.
It is extremely important that as many artists as possible participate in
forming the rules as they will be written. We will have until July 1, 2010
to write our program, it must be complete by then.
There are many, many unanswered questions at this point.
We will be looking at fair laws in other parts of the country. It is not
necessary to reinvent the wheel, we will choose a model code and improve it
to address the needs of the industry in this state.
For example, provisions for tattoo conventions and guest artists are totally
reasonable. We will look at what works well in other states and make
certain that nothing impedes our ability to continue these aspects of our
industries.
The best thing to do now, is to begin looking at what other parts of the
country have in place and what works. It is okay to be skeptical or express
concerns. In fact, there is no way to get the rules written in such a way
that everyone agrees on every detail. Professional discourse and
constructive input will be required to develop the future of our industries.
Ideally, we want the regulations to be supported by as many artists as
possible.
Dissemination of information is also important. I have frequently been
asked whether or not our indutries had a state association. I believe WABA
is an excellent way to circulate ideas and keep artists informed on any new
developments in our state.
I would personally like to apologize for not doing more this session to keep
the industry informed. Please understand that this has taken a tremendous
amount of effort and I have shouldered the majority of the burden with
little active support. Kastama's legislation would have screwed every
artist in this state years ago. I have done everything I could to stop him.
Please feel free to contact me if you have any questions.
Sincerely,
Troy Amundson
piercertroy@yahoo.com"
"Hopefully, this may help alleviate some of the concerns raised by artists
regarding the passage of new state regulations. Please circulate this
email.
Beginning in 2003, Senator Jim Kastama has pursued regulations against the
tattoo and body piercing industries. His effort in this was motivated by a
constituent from his district, Kitty Candelaria. Kitty is the Director of
the National Hepatitis C Institute.
Jim Kastama
National Hepatitis C Institute
Their argument against the industry was that tattooing is one of the biggest
sources of Hepatitis C Virus (HCV) transmission.
In December 2004, I received a call from a contact at Public Health Seattle
& King County. They had received a complaint about a minor that had been
pierced without a parent present. When the health official informed the
parent that there were no laws on body piercing, the parent commented that
they had worked in Olympia and could get laws passed.
Seattle PI Article
I met with the parent and began working in support of body piercing and
scarification laws. I had two goals.
1) to secure representation as stakeholder industries,
2) to make every effort to see that only reasonable regulations could pass.
When I became aware of Senator Kastama's 2005 bill to regulate tattooing and
body piercing, I testified against it. I tried to notify as many artists as
possible of the impending legislation. This cycle has continued over the
last five years.
2005
Testified against
SB 5913 - 2009-10
SENATE BILL REPORT
SB 5913
Testified for
Seattle PI Article
HB 2090 - 2005-06
HOUSE BILL REPORT
HB 2090
Seattle PI Article
2006
Seattle Times Article
2007
Tesitified against
SB 5180 - 2009-10
SENATE BILL REPORT
SB 5180
Testified for
EHB 1383 - 2007-08
HOUSE BILL REPORT
EHB 1383
Lobbying for the body art industry
In 2008, I also testifed before the Cosmetology, Barbering, Esthetics and
Manicuring Advisory Board against the adoption of our professions under
their licensing program. I argued that tattooing, piercing, and permanent
cosmetics needed our own licensing program and should not be regulated by
the CBEM program.
2009
In January, I was notified that Senator Kastama had requested that the
Medical Quality Assurance Commission to make interpretive rulings on all
body art procedures - including traditional tattooing, permanent cosmetic
tattooing, body piercing, scarification, branding, suspension, implants, and
"tongue-splitting". It was also the same argument Kitty Candelaria had made
against my bill in a committee hearing the previous year.
I testified before the Medical Quality Assurance Commission that these
procedures should not be classified as medical. My biggest concerns are the
rulings against traditional tattooing, permanent cosmetic tattooing, and
body piercing.
Those who tattoo may face new rules
It became obvious that a number of legislators were determined to see our
professions licensed and inspected. One way or the other, it was coming
down. After almost five years of fighting Senator Kastama, I seized upon an
opportunity to force him to negotiate. We had the leverage to defuse his
biased, punitive language.
Wash. state senators push for official piercing regulations
After circulating the negotiated language to artists who have worked on
legislation in other states, it was determined this was legislation was
workable. It was not until then, that I pushed for the passage of this
bill. Over the years, I had sent out hundreds of emails to all of the
artists I could, with little to no response.
In that time, only about 20-25 artists ever showed up at committee hearings
to support these industries. The legislative session moves very quickly,
which is why most industries hire professional lobbyists to keep tabs on the
politicians. Often we only had 2-3 days notice before a committee hearing.
On several occasions, there was less than 24 hours notice of actions.
SSB 5391 is an enabling directive giving the Washington State Department of
Health and the Washington State Department of Licensing the authority to
write rules that become law under the Washington Administrative Code (WAC).
The bill itself, as written into the Revised Code of Washington (RCW) is
intentionally loose. This allows for more flexibility under the WAC. Also,
if the RCW is bad, it is much harder to change than the WAC.
It is common practice for these agencies to work with the stakeholder
industries. All of my contact with the agencies has been very positive and
encouraging.
The passage of this bill establishes our own licensing programs. It will be
modeled after the cosmetology program, which includes an advisory board of
practitioners that works with WSDOL to help make policy decisions and
changes. I believe the advisory board also represents the industries in
future legislative matters. We would be guaranteed a voice in all future
decisions relating to these industries.
It is extremely important that as many artists as possible participate in
forming the rules as they will be written. We will have until July 1, 2010
to write our program, it must be complete by then.
There are many, many unanswered questions at this point.
We will be looking at fair laws in other parts of the country. It is not
necessary to reinvent the wheel, we will choose a model code and improve it
to address the needs of the industry in this state.
For example, provisions for tattoo conventions and guest artists are totally
reasonable. We will look at what works well in other states and make
certain that nothing impedes our ability to continue these aspects of our
industries.
The best thing to do now, is to begin looking at what other parts of the
country have in place and what works. It is okay to be skeptical or express
concerns. In fact, there is no way to get the rules written in such a way
that everyone agrees on every detail. Professional discourse and
constructive input will be required to develop the future of our industries.
Ideally, we want the regulations to be supported by as many artists as
possible.
Dissemination of information is also important. I have frequently been
asked whether or not our indutries had a state association. I believe WABA
is an excellent way to circulate ideas and keep artists informed on any new
developments in our state.
I would personally like to apologize for not doing more this session to keep
the industry informed. Please understand that this has taken a tremendous
amount of effort and I have shouldered the majority of the burden with
little active support. Kastama's legislation would have screwed every
artist in this state years ago. I have done everything I could to stop him.
Please feel free to contact me if you have any questions.
Sincerely,
Troy Amundson
piercertroy@yahoo.com"
The Legislation
Here's the
old laws if you would like to read over those first. The new legislation updates the old laws so if you see something that doesn't make sense referring to the old laws for that particular section may answer your question.
Here's the new legislation in full.
CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5391
61st Legislature
2009 Regular Session
Passed by the Senate April 22, 2009
YEAS 45 NAYS 2
President of the Senate
Passed by the House April 13, 2009
YEAS 95 NAYS 2
Speaker of the House of Representatives
CERTIFICATE
I, Thomas Hoemann, Secretary of the
Senate of the State of Washington,
do hereby certify that the attached
is SUBSTITUTE SENATE BILL 5391 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Secretary
Approved
Governor of the State of Washington
FILED
Secretary of State
State of Washington
_____________________________________________
SUBSTITUTE SENATE BILL 5391
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2009 Regular Session
State of Washington 61st Legislature 2009 Regular Session
By Senate Health & Long-Term Care (originally sponsored by Senators
Kastama, Haugen, Fairley, Roach, and Pflug)
READ FIRST TIME 02/24/09.
1 AN ACT Relating to regulating body art, body piercing, and
2 tattooing practitioners, shops, and businesses; amending RCW 70.54.340,
3 5.40.050, 43.24.150, and 18.235.020; adding a new chapter to Title 18
4 RCW; creating a new section; prescribing penalties; and providing an
5 effective date.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. The legislature finds and declares that the
8 practices of body piercing, tattooing, and other forms of body art
9 involve an invasive procedure with the use of needles, sharps,
10 instruments, and jewelry. These practices may be dangerous when
11 improper sterilization techniques are used, presenting a risk of
12 infecting the client with bloodborne pathogens including, but not
13 limited to, HIV, hepatitis B, and hepatitis C. It is in the interests
14 of the public health, safety, and welfare to establish requirements in
15 the commercial practice of these activities in this state.
16 NEW SECTION. Sec. 2. The definitions in this section apply
17 throughout this chapter and RCW 5.40.050 and 70.54.340 unless the
18 context clearly requires otherwise.
p. 1 SSB 5391.PL
1 (1) "Body art" means the practice of invasive cosmetic adornment
2 including the use of branding and scarification. "Body art" also
3 includes the intentional production of scars upon the body. "Body art"
4 does not include any health-related procedures performed by licensed
5 health care practitioners under their scope of practice.
6 (2) "Body piercing" means the process of penetrating the skin or
7 mucous membrane to insert an object, including jewelry, for cosmetic
8 purposes. "Body piercing" also includes any scar tissue resulting from
9 or relating to the piercing. "Body piercing" does not include the use
10 of stud and clasp piercing systems to pierce the earlobe in accordance
11 with the manufacturer's directions and applicable United States food
12 and drug administration requirements. "Body piercing" does not include
13 any health-related procedures performed by licensed health care
14 practitioners under their scope of practice, nor does anything in this
15 act authorize a person registered to engage in the business of body
16 piercing to implant or embed foreign objects into the human body or
17 otherwise engage in the practice of medicine.
18 (3) "Director" means the director of the department of licensing.
19 (4) "Individual license" means a body art, body piercing, or tattoo
20 practitioner license issued under this chapter.
21 (5) "Location license" means a license issued under this chapter
22 for a shop or business.
23 (6) "Shop or business" means a body art, body piercing, or
24 tattooing shop or business.
25 (7) "Tattoo artist" means a person who pierces or punctures the
26 human skin with a needle or other instrument for the purpose of
27 implanting an indelible mark, or pigment, into the skin for a fee.
28 (8) "Tattooing" means to pierce or puncture the human skin with a
29 needle or other instrument for the purpose of implanting an indelible
30 mark, or pigment, into the skin.
31 NEW SECTION. Sec. 3. In addition to any other duties imposed by
32 law, including RCW 18.235.030 and 18.235.040, the director has the
33 following powers and duties:
34 (1) To set all license, examination, and renewal fees in accordance
35 with RCW 43.24.086;
36 (2) To adopt rules necessary to implement this chapter;
SSB 5391.PL p. 2
1 (3) To prepare and administer or approve the preparation and
2 administration of licensing;
3 (4) To establish minimum safety and sanitation standards for
4 practitioners of body art, body piercing, or tattooing as determined by
5 the department of health;
6 (5) To maintain the official department record of applicants and
7 licensees;
8 (6) To set license expiration dates and renewal periods for all
9 licenses consistent with this chapter;
10 (7) To ensure that all informational notices produced and mailed by
11 the department regarding statutory and regulatory changes affecting any
12 particular class of licensees are mailed to each licensee in good
13 standing in the affected class whose mailing address on record with the
14 department has not resulted in mail being returned as undeliverable for
15 any reason; and
16 (8) To make information available to the department of revenue to
17 assist in collecting taxes from persons and businesses required to be
18 licensed under this chapter.
19 NEW SECTION. Sec. 4. (1) It is unlawful for any person to engage
20 in a practice listed in subsection (2) of this section unless the
21 person has a license in good standing as required by this chapter. A
22 license issued under this chapter is considered to be "in good
23 standing" except when:
24 (a) The license has expired or has been canceled and has not been
25 renewed in accordance with section 6 of this act;
26 (b) The license has been denied, revoked, or suspended under
27 section 12 or 14 of this act, and has not been reinstated; or
28 (c) The license is held by a person who has not fully complied with
29 an order of the director issued under section 12 of this act requiring
30 the licensee to pay restitution or a fine, or to acquire additional
31 training.
32 (2) The director may take action under RCW 18.235.150 and
33 18.235.160 against any person who does any of the following without
34 first obtaining, and maintaining in good standing, the license required
35 by this chapter:
36 (a) Engages in the practice of body art, body piercing, or
37 tattooing; or
p. 3 SSB 5391.PL
1 (b) Operates a shop or business.
2 NEW SECTION. Sec. 5. Upon completion of an application approved
3 by the department and payment of the proper fee, the director shall
4 issue the appropriate location license to any person who completes an
5 application approved by the department, provides certification of
6 insurance, and provides payment of the proper fee.
7 NEW SECTION. Sec. 6. (1) The director shall issue the appropriate
8 license to any applicant who meets the requirements as outlined in this
9 chapter. The director has the authority to set appropriate licensing
10 fees for body art, body piercing, and tattooing shops and businesses
11 and body art, body piercing, and tattooing individual practitioners.
12 Licensing fees for individual practitioners must be set in an amount
13 less than licensing fees for shops and businesses.
14 (2) Failure to renew a license by its expiration date subjects the
15 holder to a penalty fee and payment of each year's renewal fee, at the
16 current rate.
17 (3) A person whose license has not been renewed within one year
18 after its expiration date must have his or her license canceled and
19 must be required to submit an application, pay the license fee, meet
20 current licensing requirements, and pass any applicable examination or
21 examinations, in addition to the other requirements of this chapter,
22 before the license may be reinstated.
23 (4) Nothing in this section authorizes a person whose license has
24 expired to engage in a practice prohibited under section 4 of this act
25 until the license is renewed or reinstated.
26 (5) Upon request and payment of an additional fee to be established
27 by rule by the director, the director shall issue a duplicate license
28 to an applicant.
29 NEW SECTION. Sec. 7. (1) Subject to subsection (2) of this
30 section, licenses issued under this chapter expire as follows:
31 (a) A body art, body piercing, or tattooing shop or business
32 location license expires one year from issuance or when the insurance
33 required by section 8(1)(g) of this act expires, whichever occurs
34 first; and
SSB 5391.PL p. 4
1 (b) Body art, body piercing, or tattooing practitioner individual
2 licenses expire one year from issuance.
3 (2) The director may provide for expiration dates other than those
4 set forth in subsection (1) of this section for the purpose of
5 establishing staggered renewal periods.
6 NEW SECTION. Sec. 8. (1) A body art, body piercing, or tattooing
7 shop or business shall meet the following minimum requirements:
8 (a) Maintain an outside entrance separate from any rooms used for
9 sleeping or residential purposes;
10 (b) Provide and maintain for the use of its customers adequate
11 toilet facilities located within or adjacent to the shop or business;
12 (c) Any room used wholly or in part as a shop or business may not
13 be used for residential purposes, except that toilet facilities may be
14 used for both residential and business purposes;
15 (d) Meet the zoning requirements of the county, city, or town, as
16 appropriate;
17 (e) Provide for safe storage and labeling of equipment and
18 substances used in the practices under this chapter;
19 (f) Meet all applicable local and state fire codes; and
20 (g) Certify that the shop or business is covered by a public
21 liability insurance policy in an amount not less than one hundred
22 thousand dollars for combined bodily injury and property damage
23 liability.
24 (2) The director may by rule determine other requirements that are
25 necessary for safety and sanitation of shops or businesses. The
26 director may consult with the state board of health and the department
27 of labor and industries in establishing minimum shop and business
28 safety requirements.
29 (3) Upon receipt of a written complaint that a shop or business has
30 violated any provisions of this chapter, chapter 18.235 RCW, or the
31 rules adopted under either chapter, or at least once every two years
32 for an existing shop or business, the director or the director's
33 designee shall inspect each shop or business. If the director
34 determines that any shop or business is not in compliance with this
35 chapter, the director shall send written notice to the shop or
36 business. A shop or business which fails to correct the conditions to
37 the satisfaction of the director within a reasonable time is, upon due
p. 5 SSB 5391.PL
1 notice, subject to the penalties imposed by the director under RCW
2 18.235.110. The director may enter any shop or business during
3 business hours for the purpose of inspection. The director may
4 contract with health authorities of local governments to conduct the
5 inspections under this subsection.
6 (4) A shop or business shall obtain a certificate of registration
7 from the department of revenue.
8 (5) Shop or business location licenses issued by the department
9 must be posted in the shop or business's reception area.
10 (6) Body art, body piercing, and tattooing practitioner individual
11 licenses issued by the department must be posted at the licensed
12 person's work station.
13 NEW SECTION. Sec. 9. The director shall prepare and provide to
14 all licensed shops or businesses a notice to consumers. At a minimum,
15 the notice must state that body art, body piercing, and tattooing shops
16 or businesses are required to be licensed, that shops or businesses are
17 required to maintain minimum safety and sanitation standards, that
18 customer complaints regarding shops or businesses may be reported to
19 the department, and a telephone number and address where complaints may
20 be made.
21 NEW SECTION. Sec. 10. It is a violation of this chapter for any
22 person to engage in the commercial practice of body art, body piercing,
23 or tattooing except in a licensed shop or business with the appropriate
24 individual body art, body piercing, or tattooing license.
25 NEW SECTION. Sec. 11. In addition to the unprofessional conduct
26 described in RCW 18.235.130, the director may take disciplinary action
27 against any applicant or licensee under this chapter if the licensee or
28 applicant:
29 (1) Has been found to have violated any provisions of chapter 19.86
30 RCW;
31 (2) Has engaged in a practice prohibited under section 4 of this
32 act without first obtaining, and maintaining in good standing, the
33 license required by this chapter;
34 (3) Has failed to display licenses required in this chapter; or
SSB 5391.PL p. 6
1 (4) Has violated any provision of this chapter or any rule adopted
2 under it.
3 NEW SECTION. Sec. 12. If, following a hearing, the director finds
4 that any person or an applicant or licensee has violated any provision
5 of this chapter or any rule adopted under it, the director may impose
6 one or more of the following penalties:
7 (1) Denial of a license or renewal;
8 (2) Revocation or suspension of a license;
9 (3) A fine of not more than five hundred dollars per violation;
10 (4) Issuance of a reprimand or letter of censure;
11 (5) Placement of the licensee on probation for a fixed period of
12 time;
13 (6) Restriction of the licensee's authorized scope of practice;
14 (7) Requiring the licensee to make restitution or a refund as
15 determined by the director to any individual injured by the violation;
16 or
17 (8) Requiring the licensee to obtain additional training or
18 instruction.
19 NEW SECTION. Sec. 13. Any person aggrieved by the refusal of the
20 director to issue any license provided for in this chapter, or to renew
21 the same, or by the revocation or suspension of any license issued
22 under this chapter or by the application of any penalty under section
23 12 of this act has the right to appeal the decision of the director to
24 the superior court of the county in which the person maintains his or
25 her place of business. The appeal must be filed within thirty days of
26 the director's decision.
27 NEW SECTION. Sec. 14. The department shall immediately suspend
28 the license of a person who has been certified under RCW 74.20A.320 by
29 the department of social and health services as a person who is not in
30 compliance with a support order. If the person has continued to meet
31 all other requirements for reinstatement during the suspension,
32 reissuance of the license is automatic upon the department's receipt of
33 a release issued by the department of social and health services
34 stating that the licensee is in compliance with the order.
p. 7 SSB 5391.PL
1 NEW SECTION. Sec. 15. The legislature finds that the practices
2 covered by this chapter are matters vitally affecting the public
3 interest for the purpose of applying the consumer protection act,
4 chapter 19.86 RCW. A violation of this chapter is not reasonable in
5 relation to the development and preservation of business and is an
6 unfair or deceptive act in trade or commerce and an unfair method of
7 competition for the purpose of applying the consumer protection act,
8 chapter 19.86 RCW.
9 NEW SECTION. Sec. 16. The uniform regulation of business and
10 professions act, chapter 18.235 RCW, governs unlicensed practice, the
11 issuance and denial of licenses, and the discipline of licensees under
12 this chapter.
13 NEW SECTION. Sec. 17. This act shall be known and may be cited as
14 the "Washington body art, body piercing, and tattooing act."
15 NEW SECTION. Sec. 18. If any provision of this act or its
16 application to any person or circumstance is held invalid, the
17 remainder of the act or the application of the provision to other
18 persons or circumstances is not affected.
19 Sec. 19. RCW 70.54.340 and 2001 c 194 s 3 are each amended to read
20 as follows:
21 The secretary of health shall adopt by rule requirements, in
22 accordance with nationally recognized professional standards, for
23 precautions against the spread of disease, including the sterilization
24 of needles and other instruments, including sharps and jewelry,
25 employed by electrologists, persons engaged in the practice of body
26 art, body piercing, and tattoo artists ((in accordance with nationally
27 recognized professional standards)). The secretary shall consider the
28 ((universal)) standard precautions for infection control, as
29 recommended by the United States centers for disease control, and
30 guidelines for infection control, as recommended by ((the national
31 environmental health association and the alliance of professional
32 tattooists,)) national industry standards in the adoption of these
33 sterilization requirements.
SSB 5391.PL p. 8
1 Sec. 20. RCW 5.40.050 and 2001 c 194 s 5 are each amended to read
2 as follows:
3 A breach of a duty imposed by statute, ordinance, or administrative
4 rule shall not be considered negligence per se, but may be considered
5 by the trier of fact as evidence of negligence; however, any breach of
6 duty as provided by statute, ordinance, or administrative rule relating
7 to: (1) Electrical fire safety, (2) the use of smoke alarms, (3)
8 sterilization of needles and instruments used by persons engaged in the
9 practice of body art, body piercing, tattooing, or electrology, or
10 other precaution against the spread of disease, as required under RCW
11 70.54.350, or (4) driving while under the influence of intoxicating
12 liquor or any drug, shall be considered negligence per se.
13 Sec. 21. RCW 43.24.150 and 2008 c 119 s 22 are each amended to
14 read as follows:
15 (1) The business and professions account is created in the state
16 treasury. All receipts from business or professional licenses,
17 registrations, certifications, renewals, examinations, or civil
18 penalties assessed and collected by the department from the following
19 chapters must be deposited into the account:
20 (a) Chapter 18.11 RCW, auctioneers;
21 (b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;
22 (c) Chapter 18.96 RCW, landscape architects;
23 (d) Chapter 18.145 RCW, court reporters;
24 (e) Chapter 18.165 RCW, private investigators;
25 (f) Chapter 18.170 RCW, security guards;
26 (g) Chapter 18.185 RCW, bail bond agents;
27 (h) Chapter 18.280 RCW, home inspectors;
28 (i) Chapter 19.16 RCW, collection agencies;
29 (j) Chapter 19.31 RCW, employment agencies;
30 (k) Chapter 19.105 RCW, camping resorts;
31 (l) Chapter 19.138 RCW, sellers of travel;
32 (m) Chapter 42.44 RCW, notaries public; ((and))
33 (n) Chapter 64.36 RCW, timeshares; and
34 (o) Chapter 18.-- RCW (the new chapter created in section 24 of
35 this act).
36 Moneys in the account may be spent only after appropriation.
37 Expenditures from the account may be used only for expenses incurred in
p. 9 SSB 5391.PL
1 carrying out these business and professions licensing activities of the
2 department. Any residue in the account shall be accumulated and shall
3 not revert to the general fund at the end of the biennium.
4 (2) The director shall biennially prepare a budget request based on
5 the anticipated costs of administering the business and professions
6 licensing activities listed in subsection (1) of this section, which
7 shall include the estimated income from these business and professions
8 fees.
9 Sec. 22. RCW 18.235.020 and 2008 c 119 s 21 are each amended to
10 read as follows:
11 (1) This chapter applies only to the director and the boards and
12 commissions having jurisdiction in relation to the businesses and
13 professions licensed under the chapters specified in this section.
14 This chapter does not apply to any business or profession not licensed
15 under the chapters specified in this section.
16 (2)(a) The director has authority under this chapter in relation to
17 the following businesses and professions:
18 (i) Auctioneers under chapter 18.11 RCW;
19 (ii) Bail bond agents and bail bond recovery agents under chapter
20 18.185 RCW;
21 (iii) Camping resorts' operators and salespersons under chapter
22 19.105 RCW;
23 (iv) Commercial telephone solicitors under chapter 19.158 RCW;
24 (v) Cosmetologists, barbers, manicurists, and estheticians under
25 chapter 18.16 RCW;
26 (vi) Court reporters under chapter 18.145 RCW;
27 (vii) Driver training schools and instructors under chapter 46.82
28 RCW;
29 (viii) Employment agencies under chapter 19.31 RCW;
30 (ix) For hire vehicle operators under chapter 46.72 RCW;
31 (x) Limousines under chapter 46.72A RCW;
32 (xi) Notaries public under chapter 42.44 RCW;
33 (xii) Private investigators under chapter 18.165 RCW;
34 (xiii) Professional boxing, martial arts, and wrestling under
35 chapter 67.08 RCW;
36 (xiv) Real estate appraisers under chapter 18.140 RCW;
SSB 5391.PL p. 10
1 (xv) Real estate brokers and salespersons under chapters 18.85 and
2 18.86 RCW;
3 (xvi) Security guards under chapter 18.170 RCW;
4 (xvii) Sellers of travel under chapter 19.138 RCW;
5 (xviii) Timeshares and timeshare salespersons under chapter 64.36
6 RCW;
7 (xix) Whitewater river outfitters under chapter 79A.60 RCW; and
8 (xx) Home inspectors under chapter 18.280 RCW; and
9 (xxi) Body artists, body piercers, and tattoo artists, and body
10 art, body piercing, and tattooing shops and businesses, under chapter
11 18.-- RCW (the new chapter created in section 24 of this act).
12 (b) The boards and commissions having authority under this chapter
13 are as follows:
14 (i) The state board of registration for architects established in
15 chapter 18.08 RCW;
16 (ii) The cemetery board established in chapter 68.05 RCW;
17 (iii) The Washington state collection agency board established in
18 chapter 19.16 RCW;
19 (iv) The state board of registration for professional engineers and
20 land surveyors established in chapter 18.43 RCW governing licenses
21 issued under chapters 18.43 and 18.210 RCW;
22 (v) The state board of funeral directors and embalmers established
23 in chapter 18.39 RCW;
24 (vi) The state board of registration for landscape architects
25 established in chapter 18.96 RCW; and
26 (vii) The state geologist licensing board established in chapter
27 18.220 RCW.
28 (3) In addition to the authority to discipline license holders, the
29 disciplinary authority may grant or deny licenses based on the
30 conditions and criteria established in this chapter and the chapters
31 specified in subsection (2) of this section. This chapter also governs
32 any investigation, hearing, or proceeding relating to denial of
33 licensure or issuance of a license conditioned on the applicant's
34 compliance with an order entered under RCW 18.235.110 by the
35 disciplinary authority.
36 NEW SECTION. Sec. 23. The director of licensing and the
p. 11 SSB 5391.PL
1 department of health, beginning on the effective date of this section,
2 may take such steps as are necessary to ensure that this act is
3 implemented July 1, 2010.
4 NEW SECTION. Sec. 24. Sections 1 through 18 of this act
5 constitute a new chapter in Title 18 RCW.
6 NEW SECTION. Sec. 25. Sections 1 through 21 of this act take
7 effect July 1, 2010.
--- END ---
SSB 5391.PL p. 12
old laws if you would like to read over those first. The new legislation updates the old laws so if you see something that doesn't make sense referring to the old laws for that particular section may answer your question.
Here's the new legislation in full.
CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5391
61st Legislature
2009 Regular Session
Passed by the Senate April 22, 2009
YEAS 45 NAYS 2
President of the Senate
Passed by the House April 13, 2009
YEAS 95 NAYS 2
Speaker of the House of Representatives
CERTIFICATE
I, Thomas Hoemann, Secretary of the
Senate of the State of Washington,
do hereby certify that the attached
is SUBSTITUTE SENATE BILL 5391 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Secretary
Approved
Governor of the State of Washington
FILED
Secretary of State
State of Washington
_____________________________________________
SUBSTITUTE SENATE BILL 5391
_____________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2009 Regular Session
State of Washington 61st Legislature 2009 Regular Session
By Senate Health & Long-Term Care (originally sponsored by Senators
Kastama, Haugen, Fairley, Roach, and Pflug)
READ FIRST TIME 02/24/09.
1 AN ACT Relating to regulating body art, body piercing, and
2 tattooing practitioners, shops, and businesses; amending RCW 70.54.340,
3 5.40.050, 43.24.150, and 18.235.020; adding a new chapter to Title 18
4 RCW; creating a new section; prescribing penalties; and providing an
5 effective date.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. The legislature finds and declares that the
8 practices of body piercing, tattooing, and other forms of body art
9 involve an invasive procedure with the use of needles, sharps,
10 instruments, and jewelry. These practices may be dangerous when
11 improper sterilization techniques are used, presenting a risk of
12 infecting the client with bloodborne pathogens including, but not
13 limited to, HIV, hepatitis B, and hepatitis C. It is in the interests
14 of the public health, safety, and welfare to establish requirements in
15 the commercial practice of these activities in this state.
16 NEW SECTION. Sec. 2. The definitions in this section apply
17 throughout this chapter and RCW 5.40.050 and 70.54.340 unless the
18 context clearly requires otherwise.
p. 1 SSB 5391.PL
1 (1) "Body art" means the practice of invasive cosmetic adornment
2 including the use of branding and scarification. "Body art" also
3 includes the intentional production of scars upon the body. "Body art"
4 does not include any health-related procedures performed by licensed
5 health care practitioners under their scope of practice.
6 (2) "Body piercing" means the process of penetrating the skin or
7 mucous membrane to insert an object, including jewelry, for cosmetic
8 purposes. "Body piercing" also includes any scar tissue resulting from
9 or relating to the piercing. "Body piercing" does not include the use
10 of stud and clasp piercing systems to pierce the earlobe in accordance
11 with the manufacturer's directions and applicable United States food
12 and drug administration requirements. "Body piercing" does not include
13 any health-related procedures performed by licensed health care
14 practitioners under their scope of practice, nor does anything in this
15 act authorize a person registered to engage in the business of body
16 piercing to implant or embed foreign objects into the human body or
17 otherwise engage in the practice of medicine.
18 (3) "Director" means the director of the department of licensing.
19 (4) "Individual license" means a body art, body piercing, or tattoo
20 practitioner license issued under this chapter.
21 (5) "Location license" means a license issued under this chapter
22 for a shop or business.
23 (6) "Shop or business" means a body art, body piercing, or
24 tattooing shop or business.
25 (7) "Tattoo artist" means a person who pierces or punctures the
26 human skin with a needle or other instrument for the purpose of
27 implanting an indelible mark, or pigment, into the skin for a fee.
28 (8) "Tattooing" means to pierce or puncture the human skin with a
29 needle or other instrument for the purpose of implanting an indelible
30 mark, or pigment, into the skin.
31 NEW SECTION. Sec. 3. In addition to any other duties imposed by
32 law, including RCW 18.235.030 and 18.235.040, the director has the
33 following powers and duties:
34 (1) To set all license, examination, and renewal fees in accordance
35 with RCW 43.24.086;
36 (2) To adopt rules necessary to implement this chapter;
SSB 5391.PL p. 2
1 (3) To prepare and administer or approve the preparation and
2 administration of licensing;
3 (4) To establish minimum safety and sanitation standards for
4 practitioners of body art, body piercing, or tattooing as determined by
5 the department of health;
6 (5) To maintain the official department record of applicants and
7 licensees;
8 (6) To set license expiration dates and renewal periods for all
9 licenses consistent with this chapter;
10 (7) To ensure that all informational notices produced and mailed by
11 the department regarding statutory and regulatory changes affecting any
12 particular class of licensees are mailed to each licensee in good
13 standing in the affected class whose mailing address on record with the
14 department has not resulted in mail being returned as undeliverable for
15 any reason; and
16 (8) To make information available to the department of revenue to
17 assist in collecting taxes from persons and businesses required to be
18 licensed under this chapter.
19 NEW SECTION. Sec. 4. (1) It is unlawful for any person to engage
20 in a practice listed in subsection (2) of this section unless the
21 person has a license in good standing as required by this chapter. A
22 license issued under this chapter is considered to be "in good
23 standing" except when:
24 (a) The license has expired or has been canceled and has not been
25 renewed in accordance with section 6 of this act;
26 (b) The license has been denied, revoked, or suspended under
27 section 12 or 14 of this act, and has not been reinstated; or
28 (c) The license is held by a person who has not fully complied with
29 an order of the director issued under section 12 of this act requiring
30 the licensee to pay restitution or a fine, or to acquire additional
31 training.
32 (2) The director may take action under RCW 18.235.150 and
33 18.235.160 against any person who does any of the following without
34 first obtaining, and maintaining in good standing, the license required
35 by this chapter:
36 (a) Engages in the practice of body art, body piercing, or
37 tattooing; or
p. 3 SSB 5391.PL
1 (b) Operates a shop or business.
2 NEW SECTION. Sec. 5. Upon completion of an application approved
3 by the department and payment of the proper fee, the director shall
4 issue the appropriate location license to any person who completes an
5 application approved by the department, provides certification of
6 insurance, and provides payment of the proper fee.
7 NEW SECTION. Sec. 6. (1) The director shall issue the appropriate
8 license to any applicant who meets the requirements as outlined in this
9 chapter. The director has the authority to set appropriate licensing
10 fees for body art, body piercing, and tattooing shops and businesses
11 and body art, body piercing, and tattooing individual practitioners.
12 Licensing fees for individual practitioners must be set in an amount
13 less than licensing fees for shops and businesses.
14 (2) Failure to renew a license by its expiration date subjects the
15 holder to a penalty fee and payment of each year's renewal fee, at the
16 current rate.
17 (3) A person whose license has not been renewed within one year
18 after its expiration date must have his or her license canceled and
19 must be required to submit an application, pay the license fee, meet
20 current licensing requirements, and pass any applicable examination or
21 examinations, in addition to the other requirements of this chapter,
22 before the license may be reinstated.
23 (4) Nothing in this section authorizes a person whose license has
24 expired to engage in a practice prohibited under section 4 of this act
25 until the license is renewed or reinstated.
26 (5) Upon request and payment of an additional fee to be established
27 by rule by the director, the director shall issue a duplicate license
28 to an applicant.
29 NEW SECTION. Sec. 7. (1) Subject to subsection (2) of this
30 section, licenses issued under this chapter expire as follows:
31 (a) A body art, body piercing, or tattooing shop or business
32 location license expires one year from issuance or when the insurance
33 required by section 8(1)(g) of this act expires, whichever occurs
34 first; and
SSB 5391.PL p. 4
1 (b) Body art, body piercing, or tattooing practitioner individual
2 licenses expire one year from issuance.
3 (2) The director may provide for expiration dates other than those
4 set forth in subsection (1) of this section for the purpose of
5 establishing staggered renewal periods.
6 NEW SECTION. Sec. 8. (1) A body art, body piercing, or tattooing
7 shop or business shall meet the following minimum requirements:
8 (a) Maintain an outside entrance separate from any rooms used for
9 sleeping or residential purposes;
10 (b) Provide and maintain for the use of its customers adequate
11 toilet facilities located within or adjacent to the shop or business;
12 (c) Any room used wholly or in part as a shop or business may not
13 be used for residential purposes, except that toilet facilities may be
14 used for both residential and business purposes;
15 (d) Meet the zoning requirements of the county, city, or town, as
16 appropriate;
17 (e) Provide for safe storage and labeling of equipment and
18 substances used in the practices under this chapter;
19 (f) Meet all applicable local and state fire codes; and
20 (g) Certify that the shop or business is covered by a public
21 liability insurance policy in an amount not less than one hundred
22 thousand dollars for combined bodily injury and property damage
23 liability.
24 (2) The director may by rule determine other requirements that are
25 necessary for safety and sanitation of shops or businesses. The
26 director may consult with the state board of health and the department
27 of labor and industries in establishing minimum shop and business
28 safety requirements.
29 (3) Upon receipt of a written complaint that a shop or business has
30 violated any provisions of this chapter, chapter 18.235 RCW, or the
31 rules adopted under either chapter, or at least once every two years
32 for an existing shop or business, the director or the director's
33 designee shall inspect each shop or business. If the director
34 determines that any shop or business is not in compliance with this
35 chapter, the director shall send written notice to the shop or
36 business. A shop or business which fails to correct the conditions to
37 the satisfaction of the director within a reasonable time is, upon due
p. 5 SSB 5391.PL
1 notice, subject to the penalties imposed by the director under RCW
2 18.235.110. The director may enter any shop or business during
3 business hours for the purpose of inspection. The director may
4 contract with health authorities of local governments to conduct the
5 inspections under this subsection.
6 (4) A shop or business shall obtain a certificate of registration
7 from the department of revenue.
8 (5) Shop or business location licenses issued by the department
9 must be posted in the shop or business's reception area.
10 (6) Body art, body piercing, and tattooing practitioner individual
11 licenses issued by the department must be posted at the licensed
12 person's work station.
13 NEW SECTION. Sec. 9. The director shall prepare and provide to
14 all licensed shops or businesses a notice to consumers. At a minimum,
15 the notice must state that body art, body piercing, and tattooing shops
16 or businesses are required to be licensed, that shops or businesses are
17 required to maintain minimum safety and sanitation standards, that
18 customer complaints regarding shops or businesses may be reported to
19 the department, and a telephone number and address where complaints may
20 be made.
21 NEW SECTION. Sec. 10. It is a violation of this chapter for any
22 person to engage in the commercial practice of body art, body piercing,
23 or tattooing except in a licensed shop or business with the appropriate
24 individual body art, body piercing, or tattooing license.
25 NEW SECTION. Sec. 11. In addition to the unprofessional conduct
26 described in RCW 18.235.130, the director may take disciplinary action
27 against any applicant or licensee under this chapter if the licensee or
28 applicant:
29 (1) Has been found to have violated any provisions of chapter 19.86
30 RCW;
31 (2) Has engaged in a practice prohibited under section 4 of this
32 act without first obtaining, and maintaining in good standing, the
33 license required by this chapter;
34 (3) Has failed to display licenses required in this chapter; or
SSB 5391.PL p. 6
1 (4) Has violated any provision of this chapter or any rule adopted
2 under it.
3 NEW SECTION. Sec. 12. If, following a hearing, the director finds
4 that any person or an applicant or licensee has violated any provision
5 of this chapter or any rule adopted under it, the director may impose
6 one or more of the following penalties:
7 (1) Denial of a license or renewal;
8 (2) Revocation or suspension of a license;
9 (3) A fine of not more than five hundred dollars per violation;
10 (4) Issuance of a reprimand or letter of censure;
11 (5) Placement of the licensee on probation for a fixed period of
12 time;
13 (6) Restriction of the licensee's authorized scope of practice;
14 (7) Requiring the licensee to make restitution or a refund as
15 determined by the director to any individual injured by the violation;
16 or
17 (8) Requiring the licensee to obtain additional training or
18 instruction.
19 NEW SECTION. Sec. 13. Any person aggrieved by the refusal of the
20 director to issue any license provided for in this chapter, or to renew
21 the same, or by the revocation or suspension of any license issued
22 under this chapter or by the application of any penalty under section
23 12 of this act has the right to appeal the decision of the director to
24 the superior court of the county in which the person maintains his or
25 her place of business. The appeal must be filed within thirty days of
26 the director's decision.
27 NEW SECTION. Sec. 14. The department shall immediately suspend
28 the license of a person who has been certified under RCW 74.20A.320 by
29 the department of social and health services as a person who is not in
30 compliance with a support order. If the person has continued to meet
31 all other requirements for reinstatement during the suspension,
32 reissuance of the license is automatic upon the department's receipt of
33 a release issued by the department of social and health services
34 stating that the licensee is in compliance with the order.
p. 7 SSB 5391.PL
1 NEW SECTION. Sec. 15. The legislature finds that the practices
2 covered by this chapter are matters vitally affecting the public
3 interest for the purpose of applying the consumer protection act,
4 chapter 19.86 RCW. A violation of this chapter is not reasonable in
5 relation to the development and preservation of business and is an
6 unfair or deceptive act in trade or commerce and an unfair method of
7 competition for the purpose of applying the consumer protection act,
8 chapter 19.86 RCW.
9 NEW SECTION. Sec. 16. The uniform regulation of business and
10 professions act, chapter 18.235 RCW, governs unlicensed practice, the
11 issuance and denial of licenses, and the discipline of licensees under
12 this chapter.
13 NEW SECTION. Sec. 17. This act shall be known and may be cited as
14 the "Washington body art, body piercing, and tattooing act."
15 NEW SECTION. Sec. 18. If any provision of this act or its
16 application to any person or circumstance is held invalid, the
17 remainder of the act or the application of the provision to other
18 persons or circumstances is not affected.
19 Sec. 19. RCW 70.54.340 and 2001 c 194 s 3 are each amended to read
20 as follows:
21 The secretary of health shall adopt by rule requirements, in
22 accordance with nationally recognized professional standards, for
23 precautions against the spread of disease, including the sterilization
24 of needles and other instruments, including sharps and jewelry,
25 employed by electrologists, persons engaged in the practice of body
26 art, body piercing, and tattoo artists ((in accordance with nationally
27 recognized professional standards)). The secretary shall consider the
28 ((universal)) standard precautions for infection control, as
29 recommended by the United States centers for disease control, and
30 guidelines for infection control, as recommended by ((the national
31 environmental health association and the alliance of professional
32 tattooists,)) national industry standards in the adoption of these
33 sterilization requirements.
SSB 5391.PL p. 8
1 Sec. 20. RCW 5.40.050 and 2001 c 194 s 5 are each amended to read
2 as follows:
3 A breach of a duty imposed by statute, ordinance, or administrative
4 rule shall not be considered negligence per se, but may be considered
5 by the trier of fact as evidence of negligence; however, any breach of
6 duty as provided by statute, ordinance, or administrative rule relating
7 to: (1) Electrical fire safety, (2) the use of smoke alarms, (3)
8 sterilization of needles and instruments used by persons engaged in the
9 practice of body art, body piercing, tattooing, or electrology, or
10 other precaution against the spread of disease, as required under RCW
11 70.54.350, or (4) driving while under the influence of intoxicating
12 liquor or any drug, shall be considered negligence per se.
13 Sec. 21. RCW 43.24.150 and 2008 c 119 s 22 are each amended to
14 read as follows:
15 (1) The business and professions account is created in the state
16 treasury. All receipts from business or professional licenses,
17 registrations, certifications, renewals, examinations, or civil
18 penalties assessed and collected by the department from the following
19 chapters must be deposited into the account:
20 (a) Chapter 18.11 RCW, auctioneers;
21 (b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;
22 (c) Chapter 18.96 RCW, landscape architects;
23 (d) Chapter 18.145 RCW, court reporters;
24 (e) Chapter 18.165 RCW, private investigators;
25 (f) Chapter 18.170 RCW, security guards;
26 (g) Chapter 18.185 RCW, bail bond agents;
27 (h) Chapter 18.280 RCW, home inspectors;
28 (i) Chapter 19.16 RCW, collection agencies;
29 (j) Chapter 19.31 RCW, employment agencies;
30 (k) Chapter 19.105 RCW, camping resorts;
31 (l) Chapter 19.138 RCW, sellers of travel;
32 (m) Chapter 42.44 RCW, notaries public; ((and))
33 (n) Chapter 64.36 RCW, timeshares; and
34 (o) Chapter 18.-- RCW (the new chapter created in section 24 of
35 this act).
36 Moneys in the account may be spent only after appropriation.
37 Expenditures from the account may be used only for expenses incurred in
p. 9 SSB 5391.PL
1 carrying out these business and professions licensing activities of the
2 department. Any residue in the account shall be accumulated and shall
3 not revert to the general fund at the end of the biennium.
4 (2) The director shall biennially prepare a budget request based on
5 the anticipated costs of administering the business and professions
6 licensing activities listed in subsection (1) of this section, which
7 shall include the estimated income from these business and professions
8 fees.
9 Sec. 22. RCW 18.235.020 and 2008 c 119 s 21 are each amended to
10 read as follows:
11 (1) This chapter applies only to the director and the boards and
12 commissions having jurisdiction in relation to the businesses and
13 professions licensed under the chapters specified in this section.
14 This chapter does not apply to any business or profession not licensed
15 under the chapters specified in this section.
16 (2)(a) The director has authority under this chapter in relation to
17 the following businesses and professions:
18 (i) Auctioneers under chapter 18.11 RCW;
19 (ii) Bail bond agents and bail bond recovery agents under chapter
20 18.185 RCW;
21 (iii) Camping resorts' operators and salespersons under chapter
22 19.105 RCW;
23 (iv) Commercial telephone solicitors under chapter 19.158 RCW;
24 (v) Cosmetologists, barbers, manicurists, and estheticians under
25 chapter 18.16 RCW;
26 (vi) Court reporters under chapter 18.145 RCW;
27 (vii) Driver training schools and instructors under chapter 46.82
28 RCW;
29 (viii) Employment agencies under chapter 19.31 RCW;
30 (ix) For hire vehicle operators under chapter 46.72 RCW;
31 (x) Limousines under chapter 46.72A RCW;
32 (xi) Notaries public under chapter 42.44 RCW;
33 (xii) Private investigators under chapter 18.165 RCW;
34 (xiii) Professional boxing, martial arts, and wrestling under
35 chapter 67.08 RCW;
36 (xiv) Real estate appraisers under chapter 18.140 RCW;
SSB 5391.PL p. 10
1 (xv) Real estate brokers and salespersons under chapters 18.85 and
2 18.86 RCW;
3 (xvi) Security guards under chapter 18.170 RCW;
4 (xvii) Sellers of travel under chapter 19.138 RCW;
5 (xviii) Timeshares and timeshare salespersons under chapter 64.36
6 RCW;
7 (xix) Whitewater river outfitters under chapter 79A.60 RCW; and
8 (xx) Home inspectors under chapter 18.280 RCW; and
9 (xxi) Body artists, body piercers, and tattoo artists, and body
10 art, body piercing, and tattooing shops and businesses, under chapter
11 18.-- RCW (the new chapter created in section 24 of this act).
12 (b) The boards and commissions having authority under this chapter
13 are as follows:
14 (i) The state board of registration for architects established in
15 chapter 18.08 RCW;
16 (ii) The cemetery board established in chapter 68.05 RCW;
17 (iii) The Washington state collection agency board established in
18 chapter 19.16 RCW;
19 (iv) The state board of registration for professional engineers and
20 land surveyors established in chapter 18.43 RCW governing licenses
21 issued under chapters 18.43 and 18.210 RCW;
22 (v) The state board of funeral directors and embalmers established
23 in chapter 18.39 RCW;
24 (vi) The state board of registration for landscape architects
25 established in chapter 18.96 RCW; and
26 (vii) The state geologist licensing board established in chapter
27 18.220 RCW.
28 (3) In addition to the authority to discipline license holders, the
29 disciplinary authority may grant or deny licenses based on the
30 conditions and criteria established in this chapter and the chapters
31 specified in subsection (2) of this section. This chapter also governs
32 any investigation, hearing, or proceeding relating to denial of
33 licensure or issuance of a license conditioned on the applicant's
34 compliance with an order entered under RCW 18.235.110 by the
35 disciplinary authority.
36 NEW SECTION. Sec. 23. The director of licensing and the
p. 11 SSB 5391.PL
1 department of health, beginning on the effective date of this section,
2 may take such steps as are necessary to ensure that this act is
3 implemented July 1, 2010.
4 NEW SECTION. Sec. 24. Sections 1 through 18 of this act
5 constitute a new chapter in Title 18 RCW.
6 NEW SECTION. Sec. 25. Sections 1 through 21 of this act take
7 effect July 1, 2010.
--- END ---
SSB 5391.PL p. 12
Who am I? My resume
That's the first question that I would have asked too. The easiest way to answer that is to simply give you the resume. This is tooting my own horn a bit but that's what a resume is for right?
Christy M. Brooker
Damask Tattoo llc
Seattle, WA 98118
(206) 390-4831
History:
• 1998 to 2003: Altered Skin, Missoula, MT.
Completed a full apprenticeship under in tattooing and body piercing. Managed studio (staff training, procedure development and implementation, sterilization)
• 2003-2007: Apocalypse Tattoo, Seattle, WA
Full time tattoo artist at this world renowned studio.
• 2005: National Academy of Permanent Cosmetics
Completed training and certification in Permanent Cosmetics
• 2006-2008: Artcore Studios, Seattle, WA
Full time tattoo artist for 2 years
• 2009: Damask Tattoo llc
Opened Damask Tattoo in April 2009. A private, by appointment only studio.
Certifications and Licenses:
• Award winning tattoo artist (7 awards to date)
• NAPC certification in permanent cosmetics
• Yearly Blood Borne Pathogens Certification
Associations:
• Secretary for the Washington Association of Body Artists.
• Coordinator of the Women’s Tattoo Forum
• National Tattoo Association
• Association of Professional Tattooists.
• National Association of Professional Women
Christy M. Brooker
Damask Tattoo llc
Seattle, WA 98118
(206) 390-4831
History:
• 1998 to 2003: Altered Skin, Missoula, MT.
Completed a full apprenticeship under in tattooing and body piercing. Managed studio (staff training, procedure development and implementation, sterilization)
• 2003-2007: Apocalypse Tattoo, Seattle, WA
Full time tattoo artist at this world renowned studio.
• 2005: National Academy of Permanent Cosmetics
Completed training and certification in Permanent Cosmetics
• 2006-2008: Artcore Studios, Seattle, WA
Full time tattoo artist for 2 years
• 2009: Damask Tattoo llc
Opened Damask Tattoo in April 2009. A private, by appointment only studio.
Certifications and Licenses:
• Award winning tattoo artist (7 awards to date)
• NAPC certification in permanent cosmetics
• Yearly Blood Borne Pathogens Certification
Associations:
• Secretary for the Washington Association of Body Artists.
• Coordinator of the Women’s Tattoo Forum
• National Tattoo Association
• Association of Professional Tattooists.
• National Association of Professional Women
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