State of Illinois
90th General Assembly

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      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,
 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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