(410 ILCS 54/1)
Sec. 1. Short title. This Act may be cited as the Tattoo and Body Piercing Establishment Registration Act.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/5)
Sec. 5. Purpose. It has been established that non-sterile needles can lead to the spread of certain blood-borne illnesses such as Hepatitis and HIV. Tattoo and body piercing practices affect the health, safety, and welfare of the public, therefore, the General Assembly finds that the regulation of tattoo and body piercing establishments by the State is necessary to ensure public health, safety, and welfare. It is further declared that the purpose of this Act is to provide for a safe and adequate blood supply. This Act shall be liberally construed to carry out these objectives and purposes.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/10) Sec. 10. Definitions. In this Act:
"Aseptic technique" means a practice that prevents and hinders the transmission of disease-producing microorganisms from one person or place to another. "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature.
"Body piercing" does not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system. "Client" means the person, customer, or patron whose skin will be tattooed or pierced.
"Communicable disease" means a disease that can be transmitted from person to person directly or indirectly, including diseases transmitted via blood or body fluids. "Department" means the Department of Public Health or other health authority designated as its agent. "Director" means the Director of Public Health or his or her designee. "Establishment" means a body-piercing operation, a tattooing operation, or a
combination of both operations in a multiple-type establishment. "Ink cup" means a small container for an individual portion of pigment that may be installed in a holder or palette and in which a small amount of pigment of a given color is placed.
"Multi-type establishment" means an operation encompassing both body piercing and tattooing on the same premises and under the same management.
"Person" means any individual, group of individuals, association, trust, partnership, corporation, or limited liability company. "Procedure area" means the immediate area where instruments and supplies are placed during a procedure. "Operator" means an individual, partnership, corporation, association, or other entity engaged in the business of owning, managing, or offering services of body piercing or tattooing.
"Sanitation" means the effective bactericidal and veridical treatment of clean equipment surfaces by a process that effectively destroys pathogens. "Single use" means items that are intended for one time and one person use only and are to then be discarded. "Sterilize" means to destroy all living organisms including spores. "Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. "Tattooing" includes imparting permanent makeup on the skin, such as permanent lip coloring and permanent eyeliner. "Tattooing" does not include any of the following: (1) The practice of electrology as defined in the | ||
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(2) The practice of acupuncture as defined in the | ||
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(3) The use, by a physician licensed to practice | ||
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(Source: P.A. 99-117, eff. 1-1-16; 100-863, eff. 8-14-18.) |
(410 ILCS 54/15) Sec. 15. Registration required. (a) A certificate of registration issued by the Department shall be required prior to the operation of any establishment or multi-type establishment. The operator of the facility shall file an application for a certificate of registration with the Department that shall be accompanied by the requisite fee, as determined by the Department, and include all of the following information: (1) The applicant's (operator) name, address, | ||
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(2) The name, address, and phone number of the | ||
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(3) The type and year of manufacture of the | ||
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(4) The sterilization and operation procedures to | ||
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(5) Any other information required by the | ||
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(b) If the operator owns or operates more than one establishment, the operator shall file a separate application for each facility owned or operated.
(Source: P.A. 99-117, eff. 1-1-16.) |
(410 ILCS 54/20)
Sec. 20. Temporary registration. A temporary certificate of registration may be issued by the Department for educational, trade show, or product demonstration purposes only. The temporary certificate of registration shall be valid for a maximum of 14 calendar days.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/25) Sec. 25. Operating requirements. All establishments registered under this Act must comply with the following requirements: (1) The operator of an establishment must ensure that | ||
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(2) The operator of an establishment must ensure that | ||
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(3) The operator of an establishment must ensure that | ||
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(4) The operator of an establishment must ensure that | ||
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(Source: P.A. 99-117, eff. 1-1-16.) |
(410 ILCS 54/27)
Sec. 27. Prohibitions. Body piercing procedures must not be performed, without medical clearance, on skin surfaces where sunburn, rash, acne, infection, open lesions, or other questionable skin lesions exist and must not be performed on any person who is impaired by drugs or alcohol.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/30)
Sec. 30. Duties of the Department; rulemaking.
(a) Before issuing a certificate of registration to an applicant, the Department, or its designee, shall inspect the premises of the establishment to insure compliance under the requirements of this Act. (b) Once a certificate of registration is issued, the Department may periodically inspect each establishment registered under this Act to ensure compliance. (c)
The Department shall adopt any rules deemed necessary for the implementation and administration of this Act.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/35) Sec. 35. Expiration and renewal of registration; display.
(a) A certificate of registration issued under this Act shall expire and may be renewed annually. The Department may assess a late fee if the renewal application and renewal fee are not submitted on or before the registration expiration date. The Department shall by rule determine the amount of the fee assessed under this subsection (a). (b) Registration is valid for a single location and only for the operator named on the certificate. Registration is not transferable. (c) The certificate of registration issued by the Department shall be conspicuously displayed within the sight of clients upon entering the establishment.
(Source: P.A. 99-117, eff. 1-1-16.) |
(410 ILCS 54/40) Sec. 40. Change of operator.
In the event of a change of operator, the new operator must apply for a certificate of registration prior to taking possession of the property. A provisional certificate of registration may be issued by the Department until an initial inspection for a certificate of registration can be performed by the Department or its designee.
(Source: P.A. 99-117, eff. 1-1-16.) |
(410 ILCS 54/45)
Sec. 45. Denial; suspension; revocation; nonrenewal of registration. A certificate of registration may be denied, suspended, revoked, or the renewal of a
certificate of registration may be denied for any of the following reasons: Violation of any of the provisions of this Act or the rules and
regulations adopted by the Department under this Act. Conviction of an applicant or registrant of an offense arising from
false, fraudulent, deceptive, or misleading advertising. The record of
conviction or a certified copy shall be conclusive evidence of the conviction. Revocation of a certificate of registration during the previous 5 years or surrender or
expiration of the certificate of registration during the pendency of action by the
Department to revoke or suspend the certificate of registration during the previous 5 years, if
before the certificate of registration was issued to the individual applicant, a controlling
owner or controlling combination of owners of the applicant, or any
affiliate of the individual applicant or controlling owner of the applicant
or affiliate of the applicant, was a controlling owner of the prior certificate of registration.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/50)
Sec. 50. Administration; enforcement. (a) The Department may establish a training program for the Department
agents for administration and enforcement of this Act. (b) In the administration and enforcement of this Act, the Department may
designate and use State-certified, local public health departments as its agents in the administration and enforcement of
this Act and rules. (c) The Department shall issue grants to State-certified, local public health departments acting as agents of the Department based on 75% of the total fees and fines collected in the jurisdiction of the State-certified, local public health department for the enforcement and administration of this Act. (d) The Department or a State-certified, local public health department acting as an agent of the Department in the administration and enforcement of this Act may use the local administrative review process of the State-certified, local public health department to resolve disputes.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/55)
Sec. 55. Investigation; hearing; notice. The Department may, upon its
own motion, and shall upon the verified complaint in writing of any person
setting forth facts which if proven would constitute grounds for the denial
of an application for a certificate of registration, or refusal to renew a certificate of registration, or revocation
of a certificate of registration, or suspension of a certificate of registration, investigate the applicant or registrant. The Department, after notice and opportunity for hearing, may deny
any application for or suspend or revoke a certificate of registration or may refuse to renew a
certificate of registration. Before denying an application or refusing to renew, suspending, or revoking a certificate of registration, the Department shall notify the applicant
in writing. The notice shall specify the charges or reasons for the
Department's contemplated action. The applicant or registrant must
request a hearing within 10 days after receipt of the notice. Failure to
request a hearing within 10 days shall constitute a waiver of the right
to a hearing.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/60)
Sec. 60. Conduct of hearing. (a) The hearing shall be conducted by the Director, or
an individual designated in writing by the Director as a hearing officer.
The Director or hearing officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers, and administer oaths to witnesses. The hearing shall be
conducted at a place designated by the Department. The procedures governing
hearings and the issuance of final orders under this Act shall be in
accordance with rules adopted by the Department. (b) All subpoenas issued by the Director or hearing officer may be
served as provided for in civil actions. The fees of witnesses for
attendance and travel shall be the same as the fees for witnesses before
the circuit court and shall be paid by the party to the proceedings at whose
request the subpoena is issued. If a subpoena is issued at the request of
the Department, the witness fee shall be paid as an administrative expense. (c) In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he or she might be lawfully
examined, the circuit court of the county wherein the hearing is held, upon
application of any party to the proceeding, may compel obedience by
proceeding as for contempt as in cases of a like refusal to obey a similar
order of the court.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/65)
Sec. 65. Findings of fact; conclusions of law; decision. The Director or hearing officer shall make findings of fact
and conclusions of law in a hearing, and the Director shall
render his or her decision, or the hearing officer his or her proposal for
decision within 45 days after the termination of the hearing
unless additional time is required by the Director or hearing officer for a proper disposition
of the matter. A copy of the final decision of the Director shall
be served upon the applicant or registrant in person or by
certified mail.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/70)
Sec. 70. Review under Administrative Review Law; venue; costs. All
final administrative decisions of the Department under this Act shall be
subject to judicial review under the provisions of Article III of the Code
of Civil Procedure. The term "administrative decision" is defined
under Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; provided,
that if the party is not a resident of this State, the venue shall be in
Sangamon County. The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
95¢ per page representing costs of certification of the record or file.
Failure on the part of the plaintiff to make the deposit shall be grounds
for dismissal of the action.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/75)
Sec. 75. Administrative Procedure Act; application. The provisions of
the Illinois Administrative Procedure Act are hereby expressly adopted and
shall apply to all administrative rules and procedure of the Department
under this Act, except that in case of conflict between the Illinois
Administrative Procedure Act and this Act the provisions of this Act shall
control, and except that Section 5 of the Illinois Administrative Procedure
Act relating to procedures for rulemaking does not apply to the adoption of
any rules required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/80) Sec. 80. Penalties; fines. The Department is authorized to establish
and assess penalties or fines against any person who violates this Act or rules adopted under this Act. In no circumstance will
any penalties or fines exceed $1,000 per day for each day the violation continues.
(Source: P.A. 99-117, eff. 1-1-16.) |
(410 ILCS 54/85)
Sec. 85. Public nuisance. (a) The operation or maintenance of an establishment in violation of this Act or any rule adopted by the Department under this Act constitutes a public nuisance inimical to the public welfare. (b) A person convicted of knowingly maintaining a public nuisance
commits a Class A misdemeanor. Each subsequent offense under this Section
is a Class 4 felony. (c) The Director, in the name of the people of the State and through the Attorney General or State's Attorney of the county in which the establishment is located, may, in addition to the other remedies set forth in this Act, bring an action for an injunction to restrain the violation of this Act or to enjoin the future operation or maintenance of any establishment in violation of this Act.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/90)
Sec. 90. Tattoo and Body Piercing Establishment Registration Fund. There is hereby created in the State
treasury a special fund to be known as the Tattoo and Body Piercing Establishment Registration Fund. All
fees and fines collected by the Department under this Act and any agreement for
the implementation of this Act and rules under this Act and any federal
funds collected pursuant to the administration of this Act shall be deposited
into the Fund. The amount deposited shall be
appropriated by the
General Assembly to the Department for the purpose of conducting activities
relating to tattooing and body piercing establishments.
(Source: P.A. 94-1040, eff. 7-1-07.) |
(410 ILCS 54/905)
Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 94-1040, eff. 7-1-07; text omitted.) |
(410 ILCS 54/999)
Sec. 999. Effective date. This Act takes effect July 1, 2007.
(Source: P.A. 94-1040, eff. 7-1-07.) |