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Public Act 094-1040


 

Public Act 1040 94TH GENERAL ASSEMBLY



 


 
Public Act 094-1040
 
SB0927 Enrolled 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:
 
    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:
    "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.
    "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
    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.
    (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.
    (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
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
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 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.
 
    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
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.
 
    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
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:
 
    (30 ILCS 105/5.663 new)
    Sec. 5.663. The Tattoo and Body Piercing Establishment
Registration Fund.
 
    Section 999. Effective date. This Act takes effect July 1,
2007.

Effective Date: 7/1/2007