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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2565
(By Delegates Ryan, Mezzatesta and Nicol)
[Passed April 9, 1993; in effect ninety days from passage.]
AN ACT to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-three,
relating to regulating the tattoo studio business;
definitions; outlining standards for sanitation, facilities,
operation, procedures and equipment; requiring informed
consent of patrons; requiring consent of parent or guardian
for tattooing of minors; disposing of waste; requiring
registration and inspection of tattoo studios by local or
regional boards of health; requiring operating permits;
authorizing fees; providing for disposition of fees; and
establishing criminal penalties for certain violations.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty-three, to
read as follows:
ARTICLE 33. TATTOO STUDIO BUSINESS.
§30-33-1. Definitions.
(a) "Adequate ventilation" means a free and unrestricted
circulation of fresh air throughout the tattoo studio and the
expulsion of foul or stagnant air.
(b) "Minor" means any person under the age of eighteen
years.
(c) "Tattoo" means to mark or color the skin by pricking in
coloring matter so as to form indelible marks or figures or by
the production of scars.
(d) "Tattoo studio" means any room or space where tattooing
is practiced or where the business of tattooing or any part
thereof is conducted.
(e) "Antibacterial solution" means any solution used to
retard the growth of bacteria approved for application to human
skin and includes all products so labeled.
(f) "Germicidal solution" means any solution which destroys
germs, and is so labeled.
(g) "Sterilization" means holding in an autoclave for
twenty-five minutes at fifteen pounds pressure at a temperature
of two hundred fifty degrees Fahrenheit or one hundred twenty-one
degrees Celsius.
§30-33-2. Studio sanitation.
(a) The tattoo artist's hands shall be washed and then air
blown or dried by single use towel prior to beginning work on
each person or when interrupted in the process of working on a
person. In addition, disposable latex examination gloves shall
be worn by the tattoo artist during the tattooing process. Thegloves shall be changed and properly disposed of each time there
is an interruption in the application of the tattoo, each time
the gloves become torn or punctured, or whenever the ability of
the gloves to function as a barrier is compromised.
(b) Cabinets for the storage of instruments, dyes, pigments,
single use articles, carbon, stencils and other utensils shall be
provided for each operator and shall be maintained in a sanitary
manner.
(c) Bulk single use articles shall be commercially packaged
and handled in such a way as to protect them from contamination.
Storage of single use articles shall not be in toilet rooms or in
vestibules of toilet rooms nor under nonpotable water lines or
exposed sewer lines.
(d) Work tables and chairs or benches shall be provided for
each tattoo artist. The surface of all work tables and chairs or
benches shall be constructed of material which is smooth, light
colored, nonabsorbent, corrosive-resistant, and easily sanitized.
The work tables and chairs or benches shall be sanitized with a
germicidal solution after each tattoo application. All existing
tattoo studios on the effective date of the administrative
regulation shall be exempt from the required color of the work
table.
(e) All materials applied to human skin shall be from single
use articles or transferred from bulk containers to single use
containers and shall be disposed of after each use.
(f) No pets, including working dogs, guide dogs or security
dogs from a certified trainer, may be permitted in a tattoo
studio workroom as defined in subsection (b) of section four ofthis article.
§30-33-3. Operation standards.
(a) Records.
(1) Proper records of tattoos administered shall be
maintained for each patron by the holder of the studio
registration.
(2) A record shall be prepared for each patron prior to any
procedure being performed and shall include the patron's name and
signature, address, age, date tattooed, design of the tattoo,
location of the tattoo on the patron's body, and the name of the
tattoo artist who performed the work.
(3) Record entries shall be in ink or indelible pencil and
shall be available for examination by the inspecting authorities
provided in section six of this article.
(4) Before tattoo administration, the owner or tattoo artist
shall discuss with the patron the risks involved in the tattoo
requested and the possible complications, which shall be entered
in the record.
(5) All records required by this section shall be kept on
file for five years by the holder of the studio registration for
the studio in which the tattoo was performed.
(b) Consent.
(1) Prior written consent for tattooing of minors shall be
obtained from one parent or guardian.
(2) All written consents shall be kept on file for five
years by the holder of the studio registration for the tattoo
studio in which the tattoo was performed.
(3) The person receiving the tattoo shall attest to the factthat he or she is not intoxicated or under the influence of drugs
or alcohol.
(c) Tattooing procedures.
(1) Printed instructions on the care of the skin after
tattooing shall be given to each patron as a precaution to
prevent infection.
(2) A copy of the printed instructions shall be posted in a
conspicuous place, clearly visible to the person being tattooed.
(3) Each tattoo artist shall wear a clean outer garment,
i.e., apron, smock, T-shirt, etc.
(4) Tattoo artists who are experiencing diarrhea, vomiting,
fever, rash, productive cough, jaundice, draining or open skin
infections such as boils which could be indicative of more
serious conditions such as, but not limited to, impetigo,
scabies, hepatitis-b, HIV or AIDS shall refrain from tattooing
activities until such time as they are no longer experiencing or
exhibiting the aforementioned symptoms.
(5) Before working on each patron, the fingernails and hands
of the tattoo artist shall be thoroughly washed and scrubbed with
hot running water, antibacterial soap, and an individual hand
brush that is clean and in good repair.
(6) The tattoo artist's hands shall be air blown dried or
dried by a single use towel. In addition, disposable latex
examination gloves shall be worn during the tattoo process. The
gloves shall be changed each time there is an interruption in the
tattoo application, the gloves become torn or punctured, or
whenever their ability to function as a barrier is compromised.
(7) Only sterilized or single use, disposable razors shallbe used to shave the area to be tattooed.
(8) Immediately prior to beginning the tattoo procedure the
affected skin area shall be treated with an antibacterial
solution.
(9) If an acetate stencil is used by a tattoo artist for
transferring the design to the skin, the acetate stencil shall be
thoroughly cleaned and rinsed in a germicidal solution for at
least twenty minutes and then dried with sterile gauze or dried
in the air on a sanitized surface after each use.
(10) If a paper stencil is used by a tattoo artist for
transferring the design to the skin, the paper stencil shall be
single use and disposable.
(11) If the design is drawn directly onto the skin, the
design shall be applied with a single use article only.
(d) Dyes or pigments.
(1) Only nontoxic sterile dyes or pigments shall be used and
shall be prepared in sterilized or disposable single use
containers for each patron.
(2) After tattooing, the unused dye or pigment in the single
use containers shall be discarded along with the container.
(3) All dyes or pigments used in tattooing shall be from
professional suppliers specifically providing dyes or pigments
for the tattooing of human skin.
(e) Sterilization of needles.
(1) A set of individual, sterilized needles shall be used
for each patron.
(2) No less than twenty-four sets of sterilized needles and
tubes shall be on hand for the entire day or night operation. Unused sterilized instruments shall be resterilized at intervals
of no more than six months from the date of the last
sterilization.
(3) Used, nondisposable instruments shall be kept in a
separate, puncture resistant container until brush scrubbed in
hot water and soap, and then sterilized by autoclaving.
(4) If used instruments are ultrasoniced prior to being
placed in the used instrument container, they shall be
ultrasoniced and then rinsed under running hot water prior to
being placed in the used instrument container.
(5) The ultrasonic unit shall be sanitized daily with a
germicidal solution.
(6) If used instruments are not ultrasoniced prior to being
placed in the used instrument container, they shall be kept in a
germicidal or soap solution until brush scrubbed in hot water and
soap, and then sterilized by autoclaving.
(7) All nondisposable instruments including the needle tubes
shall be sterilized and shall be handled and stored in such a
manner as to prevent contamination. Instruments to be sterilized
shall be sealed in bags made specifically for the purpose of
autoclave sterilization, and shall include the date of
sterilization. If nontransparent sterilization bags are
utilized, the bag shall also list the contents.
(8) Autoclave sterilization bags, with a color code
indicator which changes color upon proper steam sterilization,
shall be utilized during the autoclave sterilization process.
(9) Instruments shall be placed in the autoclave in such a
manner as to allow live steam to circulate around them.
(10) No rusty, defective or faulty instruments shall be kept
in the studio.
(f) After care of tattoo.
The completed tattoo shall be washed with a single use towel
saturated with an antibacterial solution.
§30-33-4. Facilities and equipment.
(a) General physical environment.
(1) Tattoo studios shall have at least fifty footcandles of
light and adequate ventilation. Walls and ceilings shall be
painted a light color.
(2) The floor of the tattoo workroom shall be constructed of
impervious material. The floor shall be swept and wet mopped
daily. Floors, walls, or ceilings shall not be swept or cleaned
while tattooing is in operation.
(3) Convenient, clean, and sanitary toilet and hand-washing
facilities shall be made accessible to customers.
(4) The building and equipment shall be maintained in a
state of good repair at all times. The studio premises shall be
kept clean, neat and free of litter and rubbish.
(b) Workroom.
(1) Each tattoo studio shall have a workroom separate from
a waiting room or any room or rooms used for any other purpose.
The workroom shall not be used as a corridor for access to other
rooms. Patrons or customers shall be tattooed only in the
workroom.
(2) The workroom shall be equipped with hot and cold running
water, with one sink or basin per artist operating at the same
time.
(3) The sinks and basins shall be for the exclusive use of
the tattoo artists for washing their hands and preparing
customers for tattooing. They shall be equipped with foot, wrist
or single lever action controls, soap, a germicidal solution,
single use towels and individual hand brushes clean and in good
repair for each tattoo artist. All plumbing shall be in
compliance with industry standards.
(4) Persons may not consume any food or drink nor smoke in
the workroom.
§30-33-5. Disposal of waste.
The tattoo studio operator shall comply with rules
promulgated by the commissioner of the bureau of public health
regarding the disposal of medical wastes.
§30-33-6. Registration requirements; inspections by local or
regional boards of health; permit fees.
(a) Tattoo studios in West Virginia shall obtain a West
Virginia business registration certificate and shall register
with their local or regional board of health.
(b) Each local or regional board of health shall conduct
annual inspections of each tattoo studio to determine compliance
with this article. Every person, firm or corporation operating
a tattoo studio in West Virginia shall apply to their local or
regional board of health for such inspection. The local or
regional boards of health shall attempt to conduct such
inspections within ten days of the receipt of the request for
inspection:
Provided,
That if it is impracticable for the local
or regional board of health to conduct the investigation within
ten days after receiving such application, the boards may issueto such applicant a temporary operating permit which shall be
valid for thirty days or until a regular inspection is made,
whichever occurs first.
(c) Upon a determination by the inspecting authority that
any tattoo studio is not in compliance with the provisions of
this article, the inspection authority shall have the power to
order the tattoo studio to cease operations until such time as
the inspecting authority determines that said studio is in
compliance.
(d) Upon a determination by the inspecting authority that
the tattoo studio is in compliance with the provisions of this
article, there shall be issued to said studio an operating permit
that shall be posted in a conspicuous place, clearly visible to
the general public.
(e) The fee for the issuance of an operating permit issued
pursuant to this article shall be two hundred dollars, and shall
be paid by the tattoo studio receiving such permit. The fee
shall be collected by and paid to the local or regional boards of
health.
§30-33-7. Violations and penalties.
Any owner of a tattoo studio who does not obtain a West
Virginia business registration certificate, who does not register
with their local or regional board of health, or who fails to
request an inspection pursuant to section six of this article
shall be guilty of a misdemeanor, and, upon conviction thereof,
for a first offense, the owner may have all of the tattoo
equipment and paraphernalia confiscated and shall be fined one
hundred dollars. For a second offense, which is a misdemeanor,the owner may have all of the tattoo equipment and paraphernalia
confiscated and shall be fined not less than five hundred dollars
nor more than one thousand dollars or be jailed for not less than
ten days nor more than one year, or in the discretion of the
court, by both such fine and imprisonment. For a third offense,
which is a misdemeanor, the owner shall have all the tattoo
equipment and paraphernalia confiscated, shall be fined not less
than one thousand dollars nor more than five thousand dollars, or
be jailed not less than thirty days nor more than one year, or,
in the discretion of the court, by both such fine and
imprisonment.