Introduced Version
Senate Bill 28 History
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Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 28
(By Senator Green)
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[Introduced February 13, 2013; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §16-38-3 and §16-38-7 of the Code of
West Virginia, 1931, as amended, all relating to tattoo studio
business; prohibiting minors under the age of sixteen from
obtaining a tattoo; requiring that a parent or legal guardian
be present at the tattoo studio and provide photo
identification and written consent for minors sixteen years of
age or older; and providing for criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §16-38-3 and §16-38-7 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 38. TATTOO STUDIO BUSINESS.
§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, including the potential that a tattoo may interfere with
the clinical reading of a magnetic resonance imaging study should
the patron intending to be tattooed ever encounter a medical need
for such a study. The owner shall provide the patron with written
information regarding the possible complications that may arise
from receiving a tattoo. The written information shall be prepared
by the Department of Health and Human Resources. Receipt of the
information shall be acknowledged in writing by the patron. The
owner or tattoo artist shall also keep and maintain the
acknowledgment as part of the patron's record pursuant to the
provisions of subdivision (5) of this subsection;
(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 A person under the age of
sixteen may not be tattooed. A minor sixteen years of age or
older, may not be tattooed without the written consent of the
parent or legal guardian. This consent must be executed in the
presence of the tattoo artist or responsible person at the studio
by the parent or legal guardian at the time the tattooing is to
commence. Photographic identification of the parent or legal
guardian is required;
(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 may not
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.
§16-38-7. 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, or
who administers a tattoo to a minor under sixteen years of age or
administers a tattoo to a minor sixteen years of age or older
without proper parental consent set forth in this article is 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 $100. 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 $500 nor
more than $1,000 or confined in county or regional jail not less
than ten days nor more than one year, or both fined and imprisoned
confined. 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 $1,000 nor more than $5,000, or
confined in county or regional jail not less than thirty days nor
more than one year, or both fined and imprisoned confined.
NOTE: The purpose of this bill is to prohibit minors under
the age of sixteen from obtaining a tattoo. The bill requires a
parent or legal guardian to be present at the tattoo studio,
provide photo identification and written consent for minors sixteen
years of age or older obtaining a tattoo. The bill also provides
for penalties.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.