Public Act 094-1040
Public Act 1040 94TH GENERAL ASSEMBLY
|Public Act 094-1040
||LRB094 04534 LJB 34563 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the Tattoo
and Body Piercing Establishment Registration Act
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
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.
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
"Establishment" means a body-piercing operation, a
tattooing operation, or a
combination of both operations in a
"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.
"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
"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
Electrology Licensing Act.
(2) The practice of acupuncture as defined in the
Acupuncture Licensing Act.
(3) The use, by a physician licensed to practice
medicine in all its branches, of colors, dyes, or pigments
for the purpose of obscuring scar tissue or imparting color
to the skin for cosmetic, medical, or figurative purposes.
(a) A certificate of registration issued by the Department
shall be required prior to the operation of any establishment
or multi-type establishment. The owner 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
(1) The applicant's (owner) name, address, telephone
number, and age.
In order to qualify for a certificate of
registration under this Act, an applicant must be at least
18 years of age.
(2) The name, address, and phone number of the
(3) The type and year of manufacture of the equipment
proposed to be used for tattooing or body piercing.
(4) The sterilization and operation procedures to be
used by the establishment.
(5) Any other information required by the Department.
(b) If the owner owns or operates more than one
establishment, the owner shall file a separate application for
each facility owned or operated.
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.
registered under this Act must comply with the following
(1) An establishment must ensure that all body piercing
and tattooing procedures are performed in a clean and
sanitary environment that is consistent with sanitation
techniques established by the Department.
(2) An establishment must ensure that all body piercing
and tattooing procedures are performed in a manner that is
consistent with an aseptic technique established by the
(3) An establishment must ensure that all equipment and
instruments used in body piercing and tattooing procedures
are either single use and pre-packaged instruments or in
compliance with sterilization techniques established by
(4) An establishment must ensure that single use ink is
used in all tattooing procedures.
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.
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.
The Department shall adopt any rules deemed necessary
for the implementation and administration of this Act.
Expiration and renewal of registration;
(a) A certificate of registration issued under this Act
shall expire and may be renewed annually.
(b) Registration is valid for a single location and only
for the operator named on the certificate. Registration is not
(c) The certificate of registration issued by the
Department shall be conspicuously displayed within the sight of
clients upon entering the establishment.
Change of ownership.
In the event of a change
of ownership, the new owner 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
Denial; suspension; revocation; nonrenewal of
A certificate of registration may be denied,
suspended, revoked, or the renewal of a
registration may be denied for any of the following reasons:
Violation of any of the provisions of this Act or the rules
regulations adopted by the Department under this Act.
Conviction of an applicant or registrant of an offense
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
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
controlling combination of owners of the applicant, or any
affiliate of the individual applicant or controlling owner of
or affiliate of the applicant, was a controlling
owner of the prior certificate of registration.
(a) The Department may establish a training program for the
agents for administration and enforcement of this
(b) In the administration and enforcement of this Act, the
designate and use State-certified, local public
health departments as its agents in the administration and
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.
Investigation; hearing; notice.
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
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
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
Conduct of hearing.
(a) The hearing shall be conducted by the Director, or
individual designated in writing by the Director as a hearing
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
at a place designated by the Department. The procedures
hearings and the issuance of final orders under this
Act shall be in
accordance with rules adopted by the
(b) All subpoenas issued by the Director or hearing officer
served as provided for in civil actions. The fees of
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
Department, the witness fee shall be paid as an administrative
(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
for contempt as in cases of a like refusal to obey a similar
order of the court.
Findings of fact; conclusions of law; decision.
The Director or hearing officer shall make findings of fact
conclusions of law in a hearing, and the Director shall
his or her decision, or the hearing officer his or her proposal
decision within 45 days after the termination of the
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
Review under Administrative Review Law; venue;
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
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
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
for dismissal of the action.
Administrative Procedure Act; application.
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
Procedure Act and this Act the provisions of this Act shall
control, and except that Section 5 of the Illinois
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.
The Department is authorized
and assess penalties or fines against a registrant
for violations of
this Act or regulations adopted under this
Act. In no circumstance will
any penalties or fines exceed
$1,000 per day for each day the registrant
(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
(b) A person convicted of knowingly maintaining a public
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.
Tattoo and Body Piercing Establishment
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
the implementation of this Act and rules under this Act and
funds collected pursuant to the administration of
this Act shall be deposited
into the Fund. The amount deposited
appropriated by the
General Assembly to the Department
for the purpose of conducting activities
relating to tattooing
and body piercing establishments.
The State Finance Act is amended by adding
5.663 as follows:
(30 ILCS 105/5.663 new)
The Tattoo and Body Piercing Establishment
This Act takes effect July 1,
Effective Date: 7/1/2007