Sunday, December 26, 2010

Feedback?

I'm starting to be completely bi-polar about this.
On one hand I want to raise the bar. I want to do everything I can to help elevate this industry to a professional level. The industry itself is bi=-polar. Half of us are professionals who do everything we can to educate ourselves and keep a high cleanliness and quality standard. The other half doesn't think that they need to stay educated or clean and pumps out poor quality work all day. There's a mash up of all of these traits across the board of course but I'm trying to make a point.
I'm talking to all sorts of people across this spectrum. Some are telling us to back off and stop everything. Some want to lobby to have everything put back to when we weren't regulated at all. (Not an option by the way.) And some say let's stand up and do everything we can to tighten it up and get the scratchers shut down. So I swing back and forth because I want the public to be safe and get beautiful tattoos but I also want to have a relaxing nights sleep where I don't stay up wondering why everyone is so angry with the work we're doing. We didn't make these laws or start them as you can see if you read the entry called "History of the Bill". We are just trying to make them livable and actually worth the money we have to spend on the licenses. If anyone can get a license then it doesn't mean anything. If you actually have to learn the craft and the facts about cross contamination then it means that we're educated professionals and I'm willing to pay for that. The new bill simply requires a standard apprenticeship from someone who has been tattooing for seven years or more. Not state sponsored schools. They have neither the money or the interest in building or paying for schools and none of us, that I know of, would support that anyway. I have always been apposed to tattoo schools and remain against them. So where is everyone on all this?

Sunday, November 28, 2010

Proposed new language for 2011

Washington State Tattoo and Piercing Regulations

Washington State is noted as having one of the most citizen accessible state governments in the country. Our legislators and state agencies have been very eager to work closely with professional artists. Building positive working relationships is critical to the success of the regulatory process.

Our legislature passed an enabling directive to establish a new licensing program under the jurisdiction of the Washington State Department of Licensing (WSDOL) and the Washington State Department of Health (WSDOH). As written into the Revised Code of Washington (RCW), our strategy was to keep the language somewhat simple. The reason was to codify the details of the regulations as Washington Administrative Code (WAC).

To change the RCW, requires going through the entire process of lobbying the Washington State Legislature. To change the WAC, artists can work directly with the WSDOL to address specific issues without the action of the Legislature. This has been commended as an excellent strategy, allowing for a more dynamic set of regulations that allow for industry growth. Specific issues or problems that arise may be dealt with in a much more timely and efficient manner.

As the new licensing program has moved forward, it has become apparent that some changes need to be made to the original RCW. Working together, the WSDOL and artists have drafted new language to introduce to the legislature. The next legislative session begins in January.

To introduce the new language we only need one Senator willing to be the prime sponsor of the bill. We have recently confirmed that our prime sponsor will be Senator Ed Murray (D), Majority Caucus Chair. He is the second highest-ranking member of the majority party. Ed has been a stalwart champion of our industries and has been our prime sponsor in previous years.

We have also secured the co-sponsorship of Senator Jeanne Kohl-Welles (D), Chair of Commerce & Labor Committee, and Senator Margarita Prentice (D), Chair of Ways & Means Committee. We are in communication with Senator Linda Evans Parlette (R), Minority Caucus Chair, Senator Curits King (R), and Senator Jim Kastama (D), who was the original sponsor of the bill. We have always tried to move this issue forward as a good, non-partisan public health issue. This has allowed for a broad spectrum of bipartisan support.

Already the issue has broad support in both the House and the Senate. We are optimistic that we will be able to make the necessary revisions next session. Our proactive and professional approach allows us to readdress this issue. All of our government officials realize that is it common for such revisions to be made any time a state agency is delegated a new task.

The biggest concern with the new law is the cost of the license. Unfortunately, no one has any clue how many body piercers, tattoo artists, and permanent cosmetic artists are working in this state. The formula used to calculate the budget was based on the most similar state with a licensing program (Oregon) and scaled up by population. By law, this is a closed or self-sustaining program. All of the revenue generated is for this program only and cannot be used for anything else.

It may take several years for the cost to balance out. If more artists get their license, the cost comes down. If the program performs under budget, the cost comes down. If we make numerous complaints about that “other” shop, the WSDOL must make more inspections and the cost goes up. As these industries grow, the licensing program will be able to grow with it. The budget does not in any way rely upon fines, although it would make sense that a portion of a fine would go towards the cost of that inspection.

It is also important to consider some of the long-term gains of this legislation. We have been acknowledged and welcomed as professionals by the legislature and all state agencies. We are guaranteed representation in all future matters that may arise with regard to our industries. Local health jurisdictions are all aware of the new program and can bring forward public health concerns that may arise in a particular area. Even area blood banks are reconsidering their policies on tattooed and pierced donors with documentation of the procedure being done in a licensed shop.

The City of Seattle has required a tattoo shop license since 1952. Only tattoo shops. A piercing shop didn’t have to have the license and the law was never applied to permanent cosmetic tattooing. The Seattle Municipal Code was old, outdated, and barbaric. It has since been dropped in favor of the new state regulations. It was a revenue generator and cost tattoo shops over $500 a year with minimal enforcement.

The problem with the government is that not enough citizens get involved. You do get points for showing up. By proactively asking for help to regulate our industries, we have demonstrated our interest in being part of the process. Professional conduct and fact-based debate is easy high ground to take and keep. Put aside all personal or industry politics and display a willingness to work with anyone. Every year, we invite our biggest opposition to work with us.

This has been a work in progress, but we are optimistic that this program will move forward in a positive and constructive manner. We are building a solid foundation to begin the regulation of these industries.



BILL REQUEST CODE REVISER'S OFFICE
_____________________________________________



BILL REQ. #: S-0044.1/11

ATTY/TYPIST: AL:crs

BRIEF DESCRIPTION: Concerning body art, body piercing, and tattooing.


AN ACT Relating to body art, body piercing, and tattooing; amending RCW 18.300.010, 18.300.020, 18.300.030, 18.300.050, 18.300.060, 18.300.070, 18.300.090, and 18.300.130; and adding new sections to chapter 18.300 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.300.010 and 2009 c 412 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter and RCW 5.40.050 and 70.54.340 unless the context clearly requires otherwise.
(1) "Body art" means the practice of invasive cosmetic adornment including the use of branding and scarification. "Body art" also includes the intentional production of scars upon the body. "Body art" does not include any health-related procedures performed by licensed health care practitioners under their scope of practice.
(2) "Body piercing" means the process of penetrating the skin or mucous membrane to insert an object, including jewelry, for cosmetic purposes. "Body piercing" also includes any scar tissue resulting from or relating to the piercing. "Body piercing" does not include the use of stud and clasp piercing systems to pierce the earlobe in accordance with the manufacturer's directions and applicable United States food and drug administration requirements. "Body piercing" does not include any health-related procedures performed by licensed health care practitioners under their scope of practice, nor does anything in ((chapter 412, Laws of 2009)) this chapter authorize a person registered to engage in the business of body piercing to implant or embed foreign objects into the human body or otherwise engage in the practice of medicine.
(3) "Department" means the department of licensing.
(4) "Director" means the director of the department of licensing or his or her designee.
(((4))) (5) "Individual operator license" means a license issued to a person to perform body art, body piercing, or ((tattoo practitioner license issued)) tattooing under this chapter.
(((5))) (6) "Location license" means a license issued to a shop or business under this chapter ((for a shop or business)).
(((6))) (7) "Shop or business" means a body art, body piercing, or tattooing shop or business.
(((7) "Tattoo artist" means a person who pierces or punctures the human skin with a needle or other instrument for the purpose of implanting an indelible mark, or pigment, into the skin for a fee.))
(8) "Tattooing" means to pierce or puncture the human skin with a needle or other instrument for the purpose of implanting an indelible mark, or pigment, into the skin.
Sec. 2. RCW 18.300.020 and 2009 c 412 s 3 are each amended to read as follows:
((In addition to any other duties imposed by law, including RCW 18.235.030 and 18.235.040, the director has the following powers and duties)) The director must:
(1) ((To)) Set all license, examination, and renewal fees in accordance with RCW 43.24.086 and 18.300.050;
(2) ((To)) Adopt rules necessary to implement this chapter;
(3) ((To)) Prepare and administer or approve the preparation and administration of licensing;
(4) ((To)) Establish minimum safety and sanitation standards for practitioners of body art, body piercing, or tattooing as determined by the department of health;
(5) ((To)) Maintain the official department record of applicants and licensees;
(6) ((To)) Set license expiration dates and renewal periods for all licenses consistent with this chapter;
(7) ((To)) Ensure that all informational notices produced and mailed by the department regarding statutory and regulatory changes affecting any particular class of licensees are mailed to each licensee in good standing in the affected class whose mailing address on record with the department has not resulted in mail being returned as undeliverable for any reason; and
(8) ((To)) Make information available to the department of revenue to assist in collecting taxes from persons and businesses required to be licensed under this chapter.
Sec. 3. RCW 18.300.030 and 2009 c 412 s 4 are each amended to read as follows:
(1) It is unlawful for any person to engage in a practice listed in subsection (2) of this section unless the person has a license in good standing as required by this chapter. A license issued under this chapter is considered to be "in good standing" except when:
(a) The license has expired ((or has been canceled)) and has not been renewed in accordance with RCW 18.300.050;
(b) The license has been denied, revoked, or suspended under RCW 18.300.110 or 18.300.130, and has not been reinstated; or
(c) The license is held by a person who has not fully complied with an order of the director issued under RCW 18.300.110 requiring the licensee to pay restitution or a fine, or to acquire additional training.
(2) The director may take action under RCW 18.235.150 and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good standing, the license required by this chapter:
(a) Engages in the practice of body art, body piercing, or tattooing; or
(b) Operates a shop or business.
Sec. 4. RCW 18.300.050 and 2009 c 412 s 6 are each amended to read as follows:
(1) The director shall issue ((the appropriate)) an individual operator license or a location license to any applicant who meets the requirements ((as outlined in)) of this chapter. The director ((has the authority to)) may set appropriate ((licensing)) fees for ((body art, body piercing, and tattooing shops and businesses and body art, body piercing, and tattooing individual practitioners)) individual operator licenses and location licenses. Licensing fees for individual ((practitioners)) operator licenses must be set in an amount less than licensing fees for ((shops and businesses)) location licenses.
(2) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year's renewal fee, at the current rate.
(3) ((A person whose license has not been renewed within one year after its expiration date must have his or her license canceled and must be required to submit an application, pay the license fee, meet current licensing requirements, and pass any applicable examination or examinations, in addition to the other requirements of this chapter, before the license may be reinstated.
(4))) Nothing in this section authorizes a person whose license has expired to engage in a practice prohibited under RCW 18.300.030 until the license is renewed or reinstated.
(((5))) (4) Upon request and payment of an additional fee to be established by rule by the director, the director shall issue a duplicate license to an applicant.
NEW SECTION. Sec. 5. A new section is added to chapter 18.300 RCW to read as follows:
(1) Before July 1, 2013, a person qualifies for an individual operator license if he or she:
(a) Completes an application and pays a licensing fee established by the department;
(b) Is at least eighteen years old;
(c) Provides the department proof of bloodborne pathogen training; and
(d) Meets all applicable industry specific requirements as defined by the department.
(2) Beginning July 1, 2013, a person qualifies for an individual operator license if he or she:
(a) Completes an application and pays a licensing fee established by the department of licensing;
(b) Is at least eighteen years old;
(c) Provides the department proof of bloodborne pathogen training;
(d) During the three years before the date of the application, completes an internship program under section 6 of this act; and
(e) Meets all applicable industry specific requirements as defined by the department.
(3) The department may issue a guest artist license to a nonresident of Washington state who intends to engage in the practice of body art, body piercing, or tattooing in this state. Guest artists must meet the requirements of subsection (1) of this section, practice in accordance with department rules, and are subject to this chapter. Guest artist licenses may be issued for a period of up to thirty days. The department may adopt rules relating to renewal or reissuance of guest artist licenses.
(4) The department may issue an individual operator license to a nonresident of Washington state if the applicant can demonstrate at least three consecutive years of documented experience practicing in the profession of body art, body piercing, or tattooing and that this experience occurred within the five-year period before the date of the application.
NEW SECTION. Sec. 6. A new section is added to chapter 18.300 RCW to read as follows:
Beginning July 1, 2013, applicants for an individual operator license must demonstrate completion of an internship program. The internship program must consist of at least twelve consecutive months of training in the profession of body art, body piercing, or tattooing that are completed in accordance with department rules. A person in an internship program must be trained by an individual operator licensee who has seven consecutive years of documented experience in the profession of body art, body piercing, or tattooing.
Sec. 7. RCW 18.300.060 and 2009 c 412 s 7 are each amended to read as follows:
(1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows:
(a) A ((body art, body piercing, or tattooing shop or business)) location license expires one year from issuance or when the insurance required by RCW 18.300.070(1)(g) expires, whichever occurs first; and
(b) ((Body art, body piercing, or tattooing practitioner)) Individual operator licenses expire one year from issuance.
(2) The director may provide for expiration dates other than those set forth in subsection (1) of this section for the purpose of establishing staggered renewal periods.
Sec. 8. RCW 18.300.070 and 2009 c 412 s 8 are each amended to read as follows:
(1) A ((body art, body piercing, or tattooing shop or business)) location license holder shall meet the following minimum requirements for the licensed shop or business:
(a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;
(b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the shop or business;
(c) Any room used wholly or in part as a shop or business may not be used for residential purposes, except that toilet facilities may be used for both residential and business purposes;
(d) Meet the zoning requirements of the county, city, or town, as appropriate;
(e) Provide for safe storage and labeling of equipment and substances used in the practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(g) Certify that the shop or business is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
(2) The ((director)) department may by rule determine other requirements that are necessary for safety and sanitation of shops or businesses. The ((director)) department may consult with the state board of health and the department of labor and industries in establishing minimum shop and business safety requirements.
(3) Upon receipt of a written complaint that a shop or business has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing shop or business, the ((director or the director's designee shall)) department must inspect each shop or business. If the ((director)) department determines that any shop or business is not in compliance with this chapter, the ((director shall)) department must send written notice to the shop or business. A shop or business which fails to correct the conditions to the satisfaction of the ((director)) department within a reasonable time is, upon due notice, subject to the penalties imposed by the ((director)) department under RCW 18.235.110. The ((director)) department may enter any shop or business during business hours for the purpose of inspection. The ((director)) department may contract with health authorities of local governments to conduct the inspections under this subsection.
(4) A shop or business shall obtain a certificate of registration from the department of revenue.
(5) ((Shop or business)) Location licenses issued by the department must be posted in the shop or business's reception area.
(6) ((Body art, body piercing, and tattooing practitioner)) Individual operator licenses issued by the department must be posted at the licensed person's work station.
Sec. 9. RCW 18.300.090 and 2009 c 412 s 10 are each amended to read as follows:
It is a violation of this chapter for any person to engage in the commercial practice of body art, body piercing, or tattooing except in a licensed shop or business with the appropriate ((individual)) body art, body piercing, or tattooing individual operator license.
Sec. 10. RCW 18.300.130 and 2009 c 412 s 14 are each amended to read as follows:
The department shall immediately suspend the license of a person who has been certified under RCW ((74.20A.320)) 74.20A.324 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
NEW SECTION. Sec. 11. A new section is added to chapter 18.300 RCW to read as follows:
The department shall suspend the license of any person who has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the department must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's license may not be reissued until the person provides the department a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the suspension, reinstatement is automatic upon receipt of the notice and payment of any reinstatement fee the department may impose.

Tuesday, July 13, 2010

FAQ's for the new licenses

I've been hearing allot of frustration about the new licenses and fees so I'm going to cover some frequently asked questions here. I first want to let everyone know that all of the meetings have been open to the public and continue to be. If you want to be involved in this process you are very welcome to be. Please know that the following is from my perspective and does not represent the DOL, WABA or anyone but myself.
First off, a little bit for the Seattle area people and then we'll move on to all of Washington.
Our King county shop license is no longer going to be required now that the state is taking over so we will only have to have the state shop license for each owner or independent contractor. I worked with Ben Rodgers, the director of the body art department for the state to get rid of any licenses in King County and the shop license this year was pro-rated to $250 instead of the $500 that it cost before since it would no longer be needed after July 1st.
There are two applications on the DOL website. One is for your artist license and one is for your shop license. Each independent contractor has to have an artist license for each art that they provide, tattoo, permanent cosmetics or body art (body art was used to describe branding and scarification.) They will also have to get a location license. An independent contractor is technically operating his or her own business and therefore has to have all the licenses that a shop owner has. I had to get a tattoo license, a perm. cos. license and a location license which totaled up to $800.
When regulation is new it is always going to go through a maturity period. The law was written intentionally vague so that we could get the advisory board together to clarify and make rules that would regulate without the department trying to do it with no knowledge of our industry. We did that and have continued to do that for the last ten months. The problem is that we got a sponsor for the bill and then he dropped us at the last minute so we couldn't get the new language through. That means we where left with this unclear and very vague law this year. We are working very hard to get the new language to the house floor next year so that there will be training requirements and actual regulation. That is what will legitimize us. We have been meeting with Senators and Representatives for the last few months to get the new law through. So now for the big questions.
Why are Clair's and other piercing places not included under this law? They are. Unless they are only doing earlobe piercing. Earlobe piercings are not covered under this law. If they are doing anything other than earlobes they will have to get licensed. We can not regulate earlobe piercings because we can't fight their lawyers. These are huge corporations that will completely destroy this whole process if we try to stop them from piercing ears. It's just not worth risking the whole process that has been going on for six years now. (Read the history post in this blog for the full story.)
Why are the fees so high?
When a program first starts they have to meet their budget. They based their numbers off of Oregon. Our program is a closed program and it is illegal for any of the money that we spend on our licenses to go into the general fund. It stays in our program to pay for our program. If there is a surplus then the fees will have to go down. There are several cosmetology programs that started out at several hundred dollars for the license and have now gone down to less than a hundred dollars. It has happened in the past and I've met people who said that their fees went down. If we can point out to the department all the little permanent cosmetics places and back alley tattoo shops then they will contact them and it will improve our chances of fees dropping. No one is targeting us because they have no reason to as this money does not go into the general fund.
Back to that location license. We are working on the language in the new bill that may clarify that it is for the physical location and not for each business in the location. That was the original intent but once it was interpreted the independent contractor issue made it complicated. Changing it is not a sure thing. We are just trying to work on it. These things take allot of time and have to go through allot of hands so we're doing what we can. If artists are employees then they don't have to have the location license.
I know it's expensive but I think Shawn from the Hive said it best when he said "that's $42 a month. I smoke more than that." We are working very hard to make these laws and licenses more clear, understandable and monetarily affordable. Please trust that we did everything we could including yelling, negotiating and talking in the advisory board meetings to get the fees lower and to get piercing gun shops regulated. These where the two things we couldn't do. There was a huge amount of other things that we did change and we are working to change even more. Please let me know if you have more questions and I'll do my best to answer them.

Friday, June 4, 2010

DOL Rule hearing and fee schedule. update

STATE OF WASHINGTON
DEPARTMENT OF LICENSING
PO Box 9026 Ÿ Olympia, Washington 98507-9026




May 21, 2010





YOU ARE INVITED TO ATTEND A PUBLIC RULE HEARING





Why is this notice being sent to me?

To notify you that we are proposing rules and fees in order to regulate body art, body piercing and tattooing and to give you an opportunity to comment.



Why is the department proposing rules and fees?

RCW 18.300 the law relating to Body Art, Body Piercing and Tattooing was passed by Legislature during the 2009 Legislative session. The Department has developed rules to carry out this new law.



What are the proposed rules?

The new rules include definitions, standard universal precautions for preventing the spread of diseases, licensing requirements, fee schedule and minimum safety and sanitation standards. A copy of the new rules can be found at:

http://apps.leg.wa.gov/documents/laws/wsr/2010/01/10-01-035.htm



What are the proposed fees?

(see reverse side)



When and where will the hearing take place?
It will take place on June 8, 2010 at 9:30 a.m. at:

Department of Licensing

Building 2, Conference Room 209,

405 Black Lake Boulevard SW

Olympia, Washington 98502



Do I have to respond to this notice or attend the hearing?

No. This notice is for your information only.



We welcome your comments

You can comment at the hearing in person or send your written comments to:



Mail: Department of Licensing

Body Art, Body Piercing and Tattoo Program

Post Office Box 9026

Olympia, Washington 98507

Email: ndalmas@dol.wa.gov

Fax: (360) 664-2550



Notice of Public Rule Hearing

May 21, 2010

Page 2





Written comments must be received no later than June 4, 2010.



Questions regarding this notice or to view the proposed rule notice?

Call (360) 664-6660 or visit our website at http://www.dol.wa.gov/business/tattoo/tatrules.html.









Title of Fee


Fee

Individual License:







Tattoo


$250




Body Art


$250




Body Piecing


$250




Permanent Cosmetics


$250

Location License:







Shop/Business


$300




Mobile Unit


$300




Event


$300

Individual License Renewal:







Tattoo


$250




Body Art


$250




Body Piercing


$250




Permanent Cosmetics


$250

Location License Renewal:







Shop/Business


$300




Mobile Unit


$300




Event


$300

Individual License Late Renewal:







Tattoo


$350




Body Art


$350




Body Piercing


$350




Permanent Cosmetics


$350

Location License Late Renewal:







Shop/Business


$400




Mobile Unit


$400




Duplicate License


$50







Cameron Dalmas

Administrative Assistant

Washington State Department of Licensing

Business and Professions Division

Professional Licensing Support Services

PO Box 9026

Olympia, WA 98507

360 664-6643 Phone

360 664-2550 Fax

Tuesday, May 11, 2010

updates on rule hearings for DOL & DOH

The Department of Licensing will be the department that is in charge of our licensing as of July 2010. The Department of Health will not. They still have a say in how we do business though as they are in charge of public health. Because of the new laws the DOH re-wrote it's rules so that they would be in sync with the DOL rules. They are communicating through this process even though they are separate departments. If you have licensing questions direct them to the Department of Licensing not the Department of Health.

The rule hearing for the Department of Health was on May 3rd 2010. We had speeches prepared but turned down the option when they informed us that they where going to go ahead with the rules as written since there was no one there in opposition. The reason that we where all in favor of the new rules is that Patti Rathbun of DOH had attended almost all of the Department of Licensing Advisory board meetings and durring those meetings had shared with us the rules as they where being written. Patti took every piece of advise that we gave her under advisement and made compromises where she could. We went through the new rules word for word and she worked with us to make rules that are acceptable for body artists that we can live with and that will not be too expensive to follow. (I say "too expensive to follow" because the Seattle rules state that there has to be a sink available to every artist without so much as a curtain or door separating it from the work station. Because of the set up in some studios there was no room for such a sink so they would have to move locations making it such a huge expense it could put them out of business.) The new DOH rules are simple, easy to follow and most of us have been following them already or at least we should be.
The Department of Licensing rule hearing is on June 8th at 9:30 am at the Washington Department of Licensing in Olympia. These are rules that we also went through word for word at the advisory board meetings. We debated and compromised to get a good set of rules that follow the new laws that will go into affect in July of 2010. They are simple and easy to follow. I will post an update about the hearing when I get more information about it.

Friday, April 9, 2010

Department of Health Rule Hearing scheduled

The Department of Health worked very closely with us last year and took all of our advise for the new rules for Washington State. If you have questions about anything just let me know. The new rules are a perfect compromise as far as we where concerned given all the information that we had.

The following Rule Hearing information is regarding the Department of Health’s proposed rules.

The hearing on the proposed rules for Chapter 246-145 WAC, Body Art, Body Piercing, Tattooing and Electrology is scheduled for May 3, 2010, beginning at 1:30 p.m. at the Department of Health in Tumwater WA. The notice of hearing and proposed rules are located at: https://fortress.wa.gov/doh/policyreview/Documents/1007158tatoobodypiercingfinal.pdf These proposed rules establish sterilization and infection control requirements for body art, body piercering and tattooing.

Comments on the proposed rules may be provided by May 3, 2010 the following three ways:

1. Post your comments at: https://fortress.wa.gov/doh/policyreview/AddComment.aspx?ID=605;

2. Submit written comments to: Patti Rathbun, Department of Health, PO Box 47890, Olympia WA 98504-7890; or

3. Provide comments at the May 3, 2010, hearing scheduled to begin at 1:30 p.m. at the Department of Health, 310 Israel Road SE, Tumwater WA, in Conference Room 152/153. Directions are located at: http://www.doh.wa.gov/DOHDirections/PointPlaza.htm

If you have any questions regarding this rule hearing, please feel free to contact Patti Rathbun at (360) 236-4067.

Thursday, February 25, 2010

Update on legislation

It's been a while since I've updated this blog because the meetings are less formal now and unfortunately that means that they done' take minutes and send them to us anymore.
For the last few months the advisory board members including myself have re-written the legislation that passed last year to be more clear and fair. The DOL asked a senator to sponsor the new re-write and he agreed. Then when they presented it to him he stated that he had some concerns and would not sponsor it this year.
What this means is that the current bill will stand this year. It requires licensing but does not have any licensing requirements. As of July 2010 all body artists will need to simply pay for their body artists licenses to obtain one. This may sound like they just want our money but the money collected for licenses will go directly into our program and it is illegal for them to put it into the general fund. Our money will pay for our program and nothing else. We are continuing to refine the re-write the bill and will be presenting it next year with another senator as a sponsor. If passed this bill will have requirements, grandfathering, temporary licensing and health and safety rules. We will be sending out information as it comes to light and will be asking for everyone's help once the bill hits the floor of the House next year. if you have any questions please let me or the other advisory board members know and we will do our best to answer you. In my opinion it would be best to contact your representatives when we have a unified statement in place and not before. If the industry appears fragmented or unprofessional they will be less likely to listen to us. Talking badly about senators could cost us votes next year so please refrain from that as well. We will be drafting a statement and sending it out as soon as we can. If you want to be on my email list please let me know at christy@damasktattoo.com or gettat2dbyme2gmail.com

Draft rules for Dep. of Health

You can comment on the rules that where drafted by the Department of Health before they go into affect. We went over them with a fine tooth comb at the advisory board meetings and we're fairly satisfied. These will go into affect in July of 2010.


The period of time to comment on the Department of Health’s Draft Rules has been extended to March 8, 2010.



Comments can be posted directly to their web comment site at the following address: https://fortress.wa.gov/doh/policyreview/AddComment.aspx?ID=596





For your convenience, use the attached link to access the Draft Rules that were originally sent out on February 18, 2010:



https://fortress.wa.gov/doh/policyreview/Documents/Draft246145WACbodyartpiercingtattoing.pdf







Cameron Dalmas

Administrative Assistant to:

Trudie Touchette & Susan Colard

Washington State Department of Licensing

Business and Professions Division

Professional Licensing Support Services

PO Box 9026

Olympia, WA 98507

360 664-6643 Phone

360 664-2550 Fax

ndalmas@dol.wa.gov

MS: 48051