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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
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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.
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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.
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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.
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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
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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.
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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
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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;
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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.
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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.