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.

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

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.

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.