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90_HB2496 New Act 5 ILCS 80/4.19 new Creates the Tattoo Artist License Act to provide for the regulation of tattoo artists and persons performing body piercing by the Department of Professional Regulation through licensure requirements. Amends the Regulatory Agency Sunset Act to sunset the Tattoo Artist License Act on January 1, 2009. LRB9007942NTsbA LRB9007942NTsbA 1 AN ACT concerning tattoo artists. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Tattoo Artist License Act. 6 Section 5. Definitions. As used in this Act: 7 "Body piercing" means making a hole in a part of the 8 human body, except for ears, for the purpose of inserting and 9 affixing an artificial object but not for the purpose of 10 providing health related care or treatment by a physician 11 licensed to practice medicine in all its branches, a dentist 12 licensed under the Illinois Dental Practice Act, a podiatrist 13 licensed under the Podiatric Medical Practice Act of 1987, or 14 an acupuncturist licensed under the Acupuncture Practice Act. 15 "Department" means the Department of Professional 16 Regulation. 17 "Director" means the Director of Professional Regulation 18 or a duly authorized representative. 19 "License" means a license issued to a tattoo artist under 20 this Act. 21 "Physician" means a person licensed to practice medicine 22 in all its branches under the Medical Practice Act of 1987. 23 "Tattoo" means an indelible mark or decorative design 24 created by the introduction of dyes or pigments beneath the 25 surface of the skin with the aid of needles or other devices. 26 "Tattoo artist" means an individual who applies tattoos 27 or performs body piercing. 28 Section 10. License requirement. 29 (a) Except as otherwise provided by law, beginning 30 January 1, 1999, no person shall practice the occupation of -2- LRB9007942NTsbA 1 tattoo artist in this State, either gratuitously or for pay, 2 or shall announce himself or herself either publicly or 3 privately as prepared or qualified to practice that 4 occupation without a license issued by the Department under 5 this Act. 6 (b) Beginning January 1, 1999, no person shall perform 7 body piercing, except for ear piercing, without a tattoo 8 artist license issued by the Department under this Act. 9 (c) A license shall be valid from the date of issuance 10 to December 31 of the next even numbered year. 11 (d) All applications for issuance or renewal of a 12 license shall be made on forms prescribed by the Department. 13 (e) All applicants for issuance or renewal of a license 14 shall: 15 (1) Demonstrate to the satisfaction of the Director 16 that the applicant has taken an examination as prescribed 17 by the Department and received a passing score. 18 (2) Provide to the Department the address where the 19 applicant will be practicing tattooing or body piercing. 20 (f) No license shall be issued or renewed unless the 21 tattoo artist is in compliance with this Act. 22 (g) Physicians are exempt from this Act. 23 Section 13. Preexisting tattoo artists. An applicant 24 engaged in the practice of applying tattoos or performing 25 body piercing, except for ear piercing, before the effective 26 date of this Act shall be issued a license valid through 27 December 31, 1999 upon payment to the Department of the 28 required initial license fee. 29 Section 15. Examination. Tattoo artist examinations 30 shall be administered by the Department only in January and 31 July of each year. -3- LRB9007942NTsbA 1 Section 20. Restoration of forfeited license. A 2 forfeited license may be restored after submission of a 3 written application for renewal and payment of the late 4 renewal fee. 5 Section 25. Restrictions. 6 (a) No tattoo artist shall apply a tattoo to or perform 7 body piercing upon any person who appears to be or admits to 8 being under the influence of intoxicating substances, 9 including but not limited to alcohol, drugs, paints, and 10 glues. 11 (b) No tattoo artist shall apply a tattoo in violation 12 of Section 12-10 of the Criminal Code of 1961. 13 (c) No tattoo artist shall apply a tattoo or perform 14 body piercing upon any person under 18 years of age without 15 the consent of the person's parent or guardian. 16 Section 30. Tattooing and body piercing procedure. 17 (a) The tattoo artist shall explain the following to 18 each client before a tattoo or body piercing procedure: 19 (1) The nature of the procedure. 20 (2) Possible tissue reactions following the 21 procedure. 22 (3) The importance of after-procedure care. 23 (4) The permanency of the decision to be tattooed 24 or pierced. 25 (b) The tattoo artist shall maintain proper records of 26 each client. At a minimum, the records shall include the 27 following information: 28 (1) The date on which the procedure was performed. 29 (2) The name, address, and age of the client. 30 (3) The design and location of the tattoo or body 31 piercing. 32 (4) The name of the tattoo artist. -4- LRB9007942NTsbA 1 (5) The signature of the client. 2 (c) The information required in subsection (b) shall be 3 permanently recorded and made available for examination by 4 the Director and shall be retained by the tattoo artist for 5 at least 10 years following the date of the last entry. 6 (d) All tattoo artists shall comply with the sanitation, 7 sterilization, and hygiene rules adopted by the Department. 8 Section 40. Reporting requirement. All tattoo artists 9 shall report in writing to the Department every change of the 10 principal site at which the tattoo artist is practicing 11 tattooing or body piercing. All reports shall be made no 12 later than 14 days after the change has occurred. 13 Section 45. Grounds for investigation; prosecution. The 14 Department has the power to accept, investigate, and hear 15 complaints regarding any person who is a licensed tattoo 16 artist regarding any one or more of the following 17 allegations: 18 (1) Unfitness or incompetence by reason of 19 negligence, habits, or other causes regardless of whether 20 actual damage or damage to the public is established. 21 (2) Habitual intemperance, addiction, or dependency 22 on alcohol or other habit-forming substances. 23 (3) Mental incompetence resulting in an inability 24 to practice as a tattoo artist. 25 (4) Submitting to or filing with the Department any 26 application, notice, statement, or other document 27 containing false information when procuring or attempting 28 to procure licensure as a tattoo artist. 29 (5) Using the title "licensed tattoo artist" or any 30 designation tending to imply that the person is a 31 licensed tattoo artist when the person is not licensed or 32 the person's license has been suspended or revoked. -5- LRB9007942NTsbA 1 (6) Violating conditions or limitations upon which 2 licensure occurs. 3 (7) Engaging in dishonorable, unethical, or 4 unprofessional conduct of a character likely to deceive, 5 defraud, or harm an individual or the public in the 6 course of providing professional services or activities. 7 (8) Having disciplinary action concerning the 8 practice of tattooing or body piercing taken against the 9 tattoo artist in another state. 10 (9) Knowingly aiding or abetting an unlicensed 11 person, conspiring with an unlicensed person, allowing 12 one's license to be used by an unlicensed person, or 13 acting as the agent or associate of an unlicensed person, 14 in order to enable the unlicensed person to evade the 15 requirements of this Act. 16 (10) Engaging in false or misleading advertising. 17 (11) Engaging in sexual conduct in connection with 18 professional services or activities. 19 Section 50. Fees. 20 (a) Each application for issuance or renewal of a 21 license shall be accompanied by payment of a fee. 22 (b) No license shall be issued or renewed unless all 23 fees required by this Act have been paid. 24 (c) In the event the applicant fails to qualify for 25 issuance or renewal of a license, no part of the fee shall be 26 refunded to the applicant. 27 (d) A biennial renewal fee for each license shall be 28 paid to the Department on or before December 31 of each even 29 numbered year. 30 (e) Failure, neglect, or refusal of any licensee to pay 31 the biennial renewal fee on or before the date the fee is due 32 shall constitute a forfeiture of the license. Forfeiture 33 shall become effective 30 days after the delinquent licensee -6- LRB9007942NTsbA 1 has been served written notice by registered or certified 2 mail with return receipt requested. 3 (f) The following fees must accompany each application 4 for license issuance, renewal, or restoration: 5 (1) The fee for application for an initial license 6 is $200. 7 (2) The fee for renewal of a license is $20. 8 (3) The fee for late renewal is $100. 9 Section 55. Deposit of fees and fines; appropriations. 10 All of the fees and fines collected under this Act shall be 11 deposited into the General Professions Dedicated Fund. All 12 moneys in the Fund shall be used by the Department, as 13 appropriated, for the ordinary and contingent expenses of the 14 Department. 15 Section 60. Disposal of infectious waste. Used tattoo 16 needles and other infectious waste shall be stored, treated, 17 and disposed of in accordance with the provisions of Title XV 18 of the Environmental Protection Act that regulate the 19 management and disposal of infectious waste. 20 Section 65. Roster. The Department shall maintain a 21 roster of the names and addresses of all licensees and of all 22 persons and entities whose licenses have been suspended or 23 revoked. This roster shall be available upon written request 24 and payment of the required fee. 25 Section 70. Department standards; rules. The Department 26 shall adopt standards for tattoo artists in the State, 27 including sanitation, sterilization, and hygiene. The 28 Department shall issue rules considered necessary for the 29 proper regulation of tattoo artists. -7- LRB9007942NTsbA 1 Section 75. Denial; suspension; revocation; non-renewal 2 of licenses. A license may be denied, suspended, or revoked 3 or the renewal of a license may be denied for any of the 4 following reasons: 5 (1) Violation of a provision of this Act or its 6 rules. 7 (2) Conviction of an applicant or licensee of an 8 offense arising from false, fraudulent, deceptive, or 9 misleading advertising. The record of conviction or a 10 certified copy shall be conclusive evidence of the 11 conviction. 12 (3) Revocation of a license during the previous 5 13 years, or surrender or expiration of a license during the 14 pendency of an action by the Department to revoke or 15 suspend the license during the previous 5 years, if 16 before the license was issued to the individual 17 applicant, controlling owner, or controlling combination 18 of owners of the applicant, any affiliate of the 19 individual applicant, or controlling owner of the 20 applicant, or affiliate of the applicant was a 21 controlling owner of the prior license. 22 Section 80. Investigation; hearing; notice. The 23 Department may investigate an applicant or licensee upon its 24 own motion, and shall investigate an applicant or licensee 25 upon the verified complaint in writing of any person setting 26 forth facts that if proven would constitute grounds for the 27 denial of an application for a license or refusal to renew or 28 revocation or suspension of a license. The Department, after 29 notice and opportunity for hearing, may deny any application 30 for or suspend or revoke a license or may refuse to renew a 31 license. Before denying an application, refusing to renew a 32 license, or suspending or revoking a license, the Department 33 shall notify the applicant in writing. The notice shall -8- LRB9007942NTsbA 1 specify the charges or reasons for the Department's 2 contemplated action. The applicant or licensee must request 3 a hearing within 10 days of receipt of the notice. Failure 4 to request a hearing within 10 days shall constitute a waiver 5 of the right to a hearing. 6 Section 85. Conduct of hearing. 7 (a) The hearing shall be conducted by the Director, or 8 an individual designated in writing by the Director as a 9 hearing officer. The Director or hearing officer may compel 10 by subpoena or subpoena duces tecum the attendance and 11 testimony of witnesses and the production of books and papers 12 and may administer oaths to witnesses. The hearing shall be 13 conducted at a place designated by the Department. The 14 procedures governing hearings and the issuance of final 15 orders under this Act shall be in accordance with rules 16 adopted by the Department. 17 (b) All subpoenas issued by the Director or hearing 18 officer may be served as provided for in civil actions. The 19 fees of witnesses for attendance and travel shall be the same 20 as the fees for witnesses before the circuit court and shall 21 be paid by the party to the proceedings at whose request the 22 subpoena is issued. If a subpoena is issued at the request 23 of the Department, the witness fee shall be paid as an 24 administrative expense. 25 (c) In cases of refusal of a witness to attend or 26 testify, or to produce books or papers, concerning any matter 27 upon which he or she might be lawfully examined, the circuit 28 court of the county wherein the hearing is held, upon 29 application of any party to the proceeding, may compel 30 obedience through contempt proceedings as in cases of a like 31 refusal to obey a similar order of the court. 32 Section 90. Findings of fact; conclusions of law; -9- LRB9007942NTsbA 1 decision. The Director or hearing officer shall make findings 2 of fact and conclusions of law in a hearing, and the Director 3 shall render his or her decision or the hearing officer shall 4 render his or her proposal for decision within 45 days after 5 the termination of the hearing unless additional time is 6 required by the Director or by the hearing officer for a 7 proper disposition of the matter. A copy of the final 8 decision of the Director shall be served upon the applicant 9 or licensee in person or by certified mail. 10 Section 95. Surrender of license. Upon the revocation 11 of a license, a license holder shall be required to surrender 12 the license to the Department, and upon his or her failure or 13 refusal to do so, the Department shall have the right to 14 seize the same. 15 Section 100. Review under Administrative Review Law; 16 venue; costs. All final administrative decisions of the 17 Department under this Act shall be subject to judicial review 18 under the provisions of Article III of the Code of Civil 19 Procedure. The term "administrative decision" is defined as 20 under Section 3-101 of the Code of Civil Procedure. 21 Proceedings for judicial review shall be commenced in the 22 circuit court of the county in which the party applying for 23 review resides. If the party is not a resident of this State, 24 the venue shall be in Sangamon County. 25 The Department shall not be required to certify any 26 record or file any answer or otherwise appear in any 27 proceeding for judicial review unless the party filing the 28 complaint deposits with the clerk of the court the sum of 95 29 cents per page representing costs of certification of the 30 record or file. Failure on the part of the plaintiff to make 31 the deposit shall be grounds for dismissal of the action. -10- LRB9007942NTsbA 1 Section 105. Administrative Procedure Act; application. 2 The provisions of the Illinois Administrative Procedure Act 3 are hereby expressly adopted and shall apply to all 4 administrative rules and procedures of the Department under 5 this Act. 6 Section 110. Civil penalties; fines. The Department 7 shall establish and assess civil penalties or fines against a 8 licensee for violations of this Act or rules adopted under 9 this Act. In no circumstance will any penalties or fines 10 exceed $1,000 per day for each day the licensee remains in 11 violation. 12 Section 120. Severability. The provisions of this Act 13 are severable under Section 1.31 of the Statute on Statutes. 14 Section 200. The Regulatory Agency Sunset Act is amended 15 by adding Section 4.19 as follows: 16 (5 ILCS 80/4.19 new) 17 Sec. 4.19. Act repealed on January 1, 2009. The 18 following Act is repealed on January 1, 2009: 19 The Tattoo Artist License Act.
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