Senate Bill No. 268
(By Senators Bowman, Bailey and Minear)
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[Introduced March 1, 2001; referred to the Committee on
Government Organization.]
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A BILL to repeal article thirty-three, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend chapter sixteen of said code by adding
thereto a new article, designated article thirty-eight,
relating to the tattoo studio business.
Be it enacted by the Legislature of West Virginia:
That article thirty-three, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
repealed; and that chapter sixteen of said code be amended by
adding thereto a new article, designated article thirty-eight, to
read as follows:
ARTICLE 38. TATTOO STUDIO BUSINESS.
§16-38-1. 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.
§16-38-2. 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. The gloves 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 may 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), section four of this
article.
§16-38-3. 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 fact
that 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 shall be
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 ultrasonically cleaned prior to
being placed in the used instrument container, they shall be
ultrasonically cleaned 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 ultrasonically cleaned 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) Aftercare of tattoo. -
The completed tattoo shall be washed with a single-use towel
saturated with an antibacterial solution.
§16-38-4. 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 may 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.
§16-38-5. 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.
§16-38-6. 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 the inspection. The local or regional
boards of health shall attempt to conduct the 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
the application, the boards may issue to the 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 a time as the inspecting
authority determines that the 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 the 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 the permit. The fee shall be
collected by and paid to the local or regional boards of health.
§16-38-7. 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, 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 confined in a county or regional jail not less
than ten days nor more than one year, or both fined and imprisoned.
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 confined in a county or regional jail not less
than thirty days nor more than one year, or both fined and
imprisoned.
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(NOTE: The purpose of this bill is to move the law relating
to the tattoo studio business from chapter thirty of the code,
which contains articles pertaining to licensing boards, to chapter
sixteen of the code, which contains articles pertaining to public
health.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for passage during the 2001 regular
session by the joint standing committee on government
organization.)
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