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| Public Act 094-1040 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Tattoo | ||||
and Body Piercing Establishment Registration Act. | ||||
Section 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. | ||||
Section 10. Definitions. In this Act:
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"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.
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"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.
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"Multi-type establishment" means an operation encompassing | ||
both body piercing and tattooing on the same premises and under | ||
the same management.
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"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.
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"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 | ||
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. | ||
Section 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 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 | ||
information: | ||
(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 | ||
establishment. | ||
(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. | ||
Section 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. | ||
Section 25. Operating requirements. All establishments | ||
registered under this Act must comply with the following | ||
requirements: | ||
(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 | ||
Department. | ||
(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 | ||
the Department. | ||
(4) An establishment must ensure that single use ink is | ||
used in all tattooing procedures. | ||
Section 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. | ||
Section 30. Duties of the Department; rulemaking.
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(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. | ||
Section 35. Expiration and renewal of registration; | ||
display.
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(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 | ||
transferable. | ||
(c) The certificate of registration issued by the | ||
Department shall be conspicuously displayed within the sight of | ||
clients upon entering the establishment. | ||
Section 40. 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 | ||
designee. | ||
Section 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
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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. | ||
Section 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. | ||
Section 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. | ||
Section 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
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order of the court. | ||
Section 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. | ||
Section 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
95ยข per page | ||
representing costs of certification of the record or file.
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Failure on the part of the plaintiff to make the deposit shall | ||
be grounds
for dismissal of the action. | ||
Section 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
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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
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precluded by law from exercising any discretion. | ||
Section 80. Penalties; fines. The Department is authorized | ||
to establish
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
remains in | ||
violation. | ||
Section 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. | ||
Section 90. Tattoo and Body Piercing Establishment | ||
Registration Fund. There is hereby created in the State
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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. | ||
Section 905. The State Finance Act is amended by adding | ||
Section
5.663 as follows:
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(30 ILCS 105/5.663 new)
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Sec. 5.663. The Tattoo and Body Piercing Establishment | ||
Registration Fund.
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Section 999. Effective date. This Act takes effect July 1, | ||
2007. | ||