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.