.................... moves to amend H.F. No. 677 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [146B.01] DEFINITIONS.
1.4 Subdivision 1. Scope. The terms defined in this section apply to this chapter.
1.5 Subd. 2. Aftercare. "Aftercare" means written instructions given to a client,
1.6specific to the procedure rendered, on caring for the body art and surrounding area. These
1.7instructions must include information on when to seek medical treatment.
1.8 Subd. 3. Antiseptic. "Antiseptic" means an agent that destroys disease-causing
1.9microorganisms on human skin or mucosa.
1.10 Subd. 4. Body art. "Body art" means physical body adornment using, but not
1.11limited to, the following techniques: body piercing, tattooing, micropigmentation,
1.12cosmetic tattooing, branding, scarification, suspension, subdermal implantation,
1.13microdermal, tongue bifurcation, and tissue removal. Body art does not include practices
1.14and procedures that are performed by a licensed medical or dental professional if the
1.15procedure is within the professional's scope of practice.
1.16 Subd. 5. Body art establishment. "Body art establishment" or "establishment"
1.17means any structure or venue, whether permanent, temporary, or mobile, where body art
1.18is performed. Mobile establishments include vehicle-mounted units, either motorized or
1.19trailered, and readily moveable without dissembling and where body art procedures are
1.20regularly performed in more than one geographic location.
1.21 Subd. 6. Body piercing. "Body piercing" means the penetration or puncturing of
1.22the skin by any method for the purpose of inserting jewelry or other objects in or through
1.23the body. Body piercing does not include the piercing of the outer perimeter or the lobe of
1.24the ear using a presterilized single-use stud-and-clasp ear-piercing system.
1.25 Subd. 7. Branding. "Branding" means an indelible mark burned into the skin using
1.26instruments of thermal cautery, radio hyfrecation, and strike branding.
1.27 Subd. 8. Commissioner. "Commissioner" means the commissioner of health.
2.1 Subd. 9. Contaminated waste. "Contaminated waste" means: any liquid or
2.2semiliquid blood or other potentially infectious materials; contaminated items that would
2.3release blood or other potentially infectious materials in a liquid or semiliquid state
2.4if compressed; items that are caked with dried blood or other potentially infectious
2.5materials and are capable of releasing these materials during handling; and sharps and any
2.6wastes containing blood and other potentially infectious materials, as defined in Code of
2.7Federal Regulations, title 29, section 1910.1030, known as "Occupational Exposure to
2.9 Subd. 10. Department. "Department" means the Department of Health.
2.10 Subd. 11. Equipment. "Equipment" means all machinery, including fixtures,
2.11containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks,
2.12and all other apparatus and appurtenances used in the operation of a body art establishment.
2.13 Subd. 12. Guest artist. "Guest artist" means an individual who performs body art
2.14procedures according to the requirements under section 146B.04.
2.15 Subd. 13. Hand sink. "Hand sink" means a sink equipped with hot and cold water
2.16held under pressure, used solely for washing hands, wrists, arms, or other portions of
2.18 Subd. 14. Hot water. "Hot water" means water at a temperature of at least 110
2.20 Subd. 15. Jewelry. "Jewelry" means any personal ornament inserted into a newly
2.22 Subd. 16. Liquid chemical germicide. "Liquid chemical germicide" means a
2.23tuberculocidal disinfectant or sanitizer registered with the Environmental Protection
2.25 Subd. 17. Microdermal. "Microdermal" means a single-point perforation of any
2.26body part other than an earlobe for the purpose of inserting an anchor with a step either
2.27protruding from or flush with the skin.
2.28 Subd. 18. Micropigmentation or cosmetic tattooing. "Micropigmentation or
2.29cosmetic tattooing" means the use of tattoos for permanent makeup or to hide or neutralize
2.31 Subd. 19. Operator. "Operator" means any person who controls, operates, or
2.32manages body art activities at a body art establishment and who is responsible for the
2.33establishment's compliance with these regulations, whether or not the person actually
2.34performs body art activities.
2.35 Subd. 20. Procedure area. "Procedure area" means the physical space or room used
2.36solely for conducting body art procedures.
3.1 Subd. 21. Procedure surface. "Procedure surface" means the surface area of
3.2furniture or accessories that may come into contact with the client's clothed or unclothed
3.3body during a body art procedure and the area of the client's skin where the body art
3.4procedure is to be performed and the surrounding area, or any other associated work
3.5area requiring sanitizing.
3.6 Subd. 22. Safe level. "Safe level" means not more than 50 colonies of
3.7microorganisms per four square inches of equipment or procedure surface.
3.8 Subd. 23. Scarification. "Scarification" means an indelible mark fixed on the
3.9body by the production of scars.
3.10 Subd. 24. Sharps. "Sharps" means any object, sterile or contaminated, that may
3.11purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited
3.12to, presterilized single-use needles, scalpel blades, and razor blades.
3.13 Subd. 25. Sharps container. "Sharps container" means a closed, puncture-resistant,
3.14leak-proof container, labeled with the international biohazard symbol, that is used for
3.15handling, storage, transportation, and disposal.
3.16 Subd. 26. Single use. "Single use" means products or items intended for onetime
3.17use which are disposed of after use on a client. This definition includes, but is not limited
3.18to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and
3.19sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink
3.20cups, and protective gloves.
3.21 Subd. 27. Sterilization. "Sterilization" means a process resulting in the destruction
3.22of all forms of microbial life, including highly resistant bacterial spores.
3.23 Subd. 28. Subdermal implantation. "Subdermal implantation" means the
3.24implantation of an object entirely below the dermis.
3.25 Subd. 29. Supervision. "Supervision" means the presence of a technician licensed
3.26under this chapter while a body art procedure is being performed.
3.27 Subd. 30. Suspension. "Suspension" means the suspension of the body from affixed
3.28hooks placed through temporary piercings.
3.29 Subd. 31. Tattooing. "Tattooing" means any method of placing indelible ink or
3.30other pigments into or under the skin or mucosa with needles or any other instruments
3.31used to puncture the skin, resulting in permanent coloration of the skin or mucosa.
3.32 Subd. 32. Technician. "Technician" means any individual who performs or
3.33practices body art procedures.
3.34 Subd. 33. Temporary body art establishment. "Temporary body art establishment"
3.35means any place or premise operating at a fixed location where an operator performs body
3.36art procedures for no more than 21 days in conjunction with a single event or celebration.
4.1 Subd. 34. Tissue removal. "Tissue removal" means an indelible mark or figure
4.2fixed on the body by the removal of dermis.
4.3 Subd. 35. Tongue bifercation. "Tongue bifercation" means the cutting of the
4.4tongue from the tip to the base, forking at the end.
Sec. 2. [146B.02] ESTABLISHMENT LICENSE PROCEDURES.
4.6 Subdivision 1. General. Beginning January 1, 2011, no person acting individually
4.7or jointly with any other person may maintain, own, or operate a body art establishment in
4.8the state without an establishment license issued by the commissioner in accordance with
4.9this chapter, except as permitted under subdivision 8 or 9.
4.10 Subd. 2. Requirements. (a) Each application for an initial establishment license
4.11and for renewal must be submitted to the commissioner on a form provided by the
4.12commissioner accompanied with the applicable fee required under section 146B.10. The
4.13application must contain:
4.14(1) the name of the owner and operator of the establishment;
4.15(2) the location of the establishment;
4.16(3) verification of compliance with all applicable local and state codes;
4.17(4) a description of the general nature of the business; and
4.18(5) any other relevant information deemed necessary by the commissioner.
4.19(b) Upon initial approval, the commissioner shall issue a provisional establishment
4.20license effective for one year from the date of issuance. Upon the approval of an
4.21application for renewal, the commissioner shall issue a new license effective for three
4.22years from the date of issuance.
4.23 Subd. 3. Inspection. (a) Within one year of the issuance of the provisional
4.24establishment license, and thereafter at least one time during each three-year licensure
4.25period, the commissioner shall conduct an inspection of the body art establishment and a
4.26review of any records necessary to ensure that the standards required under this chapter
4.28(b) If the establishment seeking licensure is new construction or if a licensed
4.29establishment is remodeling, the establishment must meet all local building and zoning
4.31(c) The commissioner shall have the authority to enter the premises to make the
4.32inspection. Refusal to permit an inspection constitutes valid grounds for licensure denial
5.1 Subd. 4. Location restricted. No person may perform a body art procedure at
5.2any location other than a body art establishment licensed under this chapter except as
5.3permitted under subdivisions 8 and 9.
5.4 Subd. 5. Transfer and display of license. A body art establishment license must
5.5be issued to a specific person and location and is not transferable. A license must be
5.6prominently displayed in a public area of the establishment.
5.7 Subd. 6. Establishment information. The following information must be kept on
5.8file for two years on the premises of the establishment and must be made available for
5.9inspection upon request by the commissioner:
5.10(1) a description of all body art procedures performed by the establishment;
5.11(2) copies of the spore tests conducted on each sterilizer; and
5.12(3) the following information for each technician or guest artist employed or
5.13performing body art procedures in the establishment:
5.15(ii) home address;
5.16(iii) home telephone number;
5.17(iv) date of birth;
5.18(v) copy of an identification photo; and
5.19(vi) license number or guest artist registration number.
5.20 Subd. 7. Establishments located in a private residence. If the body art
5.21establishment is located within a private residence, the space where the body art
5.22procedures are performed must be completely partitioned off and separate from the
5.23residential living, eating, and bathroom areas, and must meet the standards of this chapter.
5.24The space used for body procedures must be made available for inspection upon the
5.25request of the commissioner.
5.26 Subd. 8. Temporary events permit. (a) An owner or operator of a temporary
5.27body art establishment shall submit an application for a temporary events permit to the
5.28commissioner at least 14 days before the start of the event. The application must include
5.29the specific days and hours of operation. The owner or operator shall comply with the
5.30requirements of this chapter.
5.31(b) The temporary events permit must be prominently displayed in a public area
5.32at the location.
5.33(c) The temporary events permit, if approved, is valid for the specified dates and
5.34hours listed on the application. No temporary events permit shall be issued for longer than
5.35a 21-day period, and may not be renewed.
6.1 Subd. 9. Exception. (a) Any body art establishment located within a county or
6.2municipal jurisdiction that has enacted an ordinance that establishes licensure for body art
6.3establishments operating within the jurisdiction shall be exempt from this chapter if the
6.4provisions of the ordinance meet or exceed the provisions of this chapter. Any county or
6.5municipal jurisdiction that maintains an ordinance that meets this exception may limit the
6.6types of body art procedures that may be performed in body art establishments located
6.7within its jurisdiction.
6.8(b) A body art establishment license under this chapter is not required if the
6.9establishment is licensed as a salon under chapter 154.
6.10 (c) Any individual performing body art procedures in an establishment that meets
6.11an exception under this subdivision must be licensed as a body art technician under this
Sec. 3. [146B.03] LICENSURE FOR BODY ART TECHNICIANS.
6.14 Subdivision 1. Licensure required. Effective January 1, 2011, no individual may
6.15perform body art procedures unless the individual holds a valid technician license issued
6.16by the commissioner under this chapter, except as provided in subdivision 3.
6.17 Subd. 2. Designation. No individual may use the title of "tattooist," "tattoo artist,"
6.18"body piercer," "body piercing artist," "body art practitioner," "body art technician," or
6.19other letters, words, or titles in connection with that individual's name which in any way
6.20represents that the individual is engaged in the practice of tattooing or body piercing, or
6.21authorized to do so, unless the individual is licensed and authorized to perform body
6.22art procedures under this chapter.
6.23 Subd. 3. Exceptions. (a) The following individuals may perform body art
6.24procedures within the scope of their practice without a technician's license:
6.25(1) a physician licensed under chapter 147;
6.26(2) a nurse licensed under sections 148.171 to 148.285;
6.27(3) a chiropractor licensed under chapter 148;
6.28(4) an acupuncturist licensed under chapter 147B;
6.29(5) a physician's assistant licensed under chapter 147A; or
6.30(6) a dental professional licensed under chapter 150A.
6.31(b) A guest artist under section 146B.04 may perform body art procedures in
6.32accordance with the requirements of section 146B.04.
6.33 Subd. 4. Licensure requirements. An applicant for licensure under this section
6.34shall submit to the commissioner on a form provided by the commissioner:
6.35(1) proof that the applicant is over the age of 18;
7.1(2) all fees required under section 146B.10;
7.2(3) proof of completing a minimum of 200 hours of supervised experience;
7.3(4) proof of having satisfactorily completed coursework approved by the
7.4commissioner on bloodborne pathogens, the prevention of disease transmission, infection
7.5control, cardiopulmonary resuscitation (CPR), first aid, and aseptic technique. Courses
7.6to be considered for approval by the commissioner may include, but are not limited to,
7.7those administered by one of the following:
7.8(i) the American Red Cross;
7.9(ii) United States Occupational Safety and Health Administration (OSHA); or
7.10(iii) the Alliance of Professional Tattooists; and
7.11(5) any other relevant information requested by the commissioner.
7.12 Subd. 5. Action on licensure applications. The commissioner shall notify the
7.13applicant in writing of the action taken on the application. If licensure is denied, the
7.14applicant must be notified of the determination and the grounds for it, and the applicant
7.15may request a hearing under chapter 14 on the determination by filing a written statement
7.16with the commissioner within 30 days after receipt of the notice of denial. After the
7.17hearing, the commissioner shall notify the applicant in writing of the decision.
7.18 Subd. 6. Licensure term; renewal. (a) A technician's license is valid for two
7.19years from the date of issuance and may be renewed upon payment of the renewal fee
7.20established under section 146B.10.
7.21(b) At renewal, a licensee must submit proof of continuing education approved by
7.22the commissioner in the areas identified in subdivision 4, clause (4).
7.23 Subd. 7. Temporary licensure. (a) The commissioner may issue a temporary
7.24license to an applicant who submits to the commissioner on a form provided by the
7.26(1) proof that the applicant is over the age of 18;
7.27(2) all fees required under section 148B.10; and
7.28(3) a letter from a licensed technician who has agreed to provide the supervision to
7.29meet the supervised experience requirement under subdivision 4, clause (3).
7.30(b) Upon completion of the required supervised experience, the temporary
7.31licensee shall submit documentation of satisfactorily completing the requirements under
7.32subdivision 4, clauses (3) and (4), and the applicable fee under section 146B.10. The
7.33commissioner shall issue a new license in accordance with subdivision 4.
7.34(c) A temporary license issued under subdivision 7 is valid for one year and may be
7.35renewed for one additional year.
8.1 Subd. 8. License by reciprocity. The commissioner shall issue a technician's
8.2license to a person who holds a current license, certification, or registration from another
8.3state if the commissioner determines that the standards for licensure, certification, or
8.4registration in the other jurisdiction meets or exceeds the requirements for licensure stated
8.5in this chapter and a letter is received from that jurisdiction stating that the applicant
8.6is in good standing.
8.7 Subd. 9. Transfer and display of license. A license issued under this section is not
8.8transferable to another individual. A valid license must be displayed at the establishment
8.9site and available to the public upon request.
8.10 Subd. 10. Transition period. Until January 1, 2012, the supervised experience
8.11requirement under subdivision 4, clause (3), shall be waived by the commissioner if the
8.12applicant submits to the commissioner evidence satisfactory to the commissioner that the
8.13applicant has performed body art procedures for 2,080 hours within the last five years.
Sec. 4. [146B.04] TEMPORARY LICENSURE FOR GUEST ARTISTS.
8.15 Subdivision 1. General. Before an individual may work as a guest artist, the
8.16commissioner shall issue a temporary license to the guest artist. The guest artist shall
8.17submit an application to the commissioner on a form provided by the commissioner.
8.18The form must include:
8.19(1) the name, home address, and date of birth of the guest artist;
8.20(2) the name of the licensed technician sponsoring the guest artist;
8.21 (3) proof of having satisfactorily completed coursework approved by the
8.22commissioner on bloodborne pathogens, the prevention of disease transmission, infection
8.23control, cardiopulmonary resuscitation (CPR), first aid, and aseptic technique;
8.24(4) the starting and anticipated completion dates the guest artist will be working; and
8.25(5) a copy of any current body art credential or licensure issued by another local
8.26or state jurisdiction.
8.27 Subd. 2. Guest artists. A guest artist may not conduct body art procedures for more
8.28than 30 days per calendar year per licensed establishment. If the guest artist exceeds this
8.29time period, the guest artist must apply for a technician's license under section 146B.03.
Sec. 5. [146B.05] GROUNDS FOR DENIAL OF AN ESTABLISHMENT
8.31LICENSE OR EMERGENCY CLOSURE.
8.32 Subdivision 1. General. If any of the following conditions exist, the owner or
8.33operator of a licensed establishment may be ordered by the commissioner to discontinue
9.1all operations of a licensed body art establishment or the commissioner may refuse to
9.2grant or renew, suspend, or revoke licensure:
9.3(1) evidence of a sewage backup in an area of the body art establishment where
9.4body art activities are conducted;
9.5(2) lack of potable, plumbed, or hot or cold water to the extent that handwashing or
9.6toilet facilities are not operational;
9.7(3) lack of electricity or gas service to the extent that handwashing, lighting, or
9.8toilet facilities are not operational;
9.9(4) significant damage to the body art establishment due to tornado, fire, flood,
9.10or another disaster;
9.11(5) evidence of an infestation of rodents or other vermin;
9.12(6) evidence of any individual performing a body art procedure without a license as
9.13required under this chapter;
9.14(7) evidence of existence of a public health nuisance;
9.15(8) use of instruments or jewelry that are not sterile;
9.16(9) failure to maintain required records;
9.17(10) failure to use gloves as required;
9.18(11) failure to properly dispose of sharps, blood or body fluids, or items contaminated
9.19by blood or body fluids;
9.20(12) failure to properly report complaints of potential bloodborne pathogen
9.21transmission to the commissioner; or
9.22(13) evidence of a positive spore test on the sterilizer.
9.23 Subd. 2. Licensure or reopening requirements. Prior to license approval or
9.24renewal or the reopening of the establishment, the establishment shall submit to the
9.25commissioner satisfactory proof that the problem condition causing the need for the
9.26licensure action or emergency closure has been corrected or removed by the operator of
9.27the establishment. A body art establishment may not reopen without the written approval
9.28of the commissioner and a valid establishment license.
Sec. 6. [146B.06] HEALTH AND SAFETY STANDARDS.
9.30 Subdivision 1. Establishment standards. (a) Except as permitted under subdivision
9.312, the body art establishment must meet the health and safety standards in this subdivision
9.32before a licensed technician may conduct body art procedures at the establishment.
9.33(b) The procedure area must be separated from any other area that may cause
9.34potential contamination of work surfaces.
10.1(c) For clients requesting privacy, at a minimum, a divider, curtain, or partition must
10.2be provided to separate multiple procedure areas.
10.3(d) All procedure surfaces must be smooth, nonabsorbent, and easily cleanable.
10.4(e) The establishment must have a readily accessible hand sink equipped with:
10.5(1) potable hot and cold running water under pressure;
10.6(2) liquid hand soap;
10.7(3) single-use paper towels or a mechanical hand drier or blower; and
10.8(4) a garbage can with a foot-operated lid or with no lid and a removable liner.
10.9(f) All ceilings in the body art establishment must be in good condition.
10.10(g) All walls and floors must be free of open holes or cracks and be washable and no
10.11carpeting may be in areas used for procedures other than tattooing. Carpeting may be in
10.12areas used exclusively for tattooing if the carpet is clean and unstained.
10.13(h) All facilities within the establishment must be maintained in a clean and sanitary
10.14condition and in good working order.
10.15 (i) No animals may be present during a body art procedure, unless the animal is a
10.17 Subd. 2. Establishment exception. Any establishment that is operating as a
10.18body art establishment on August 1, 2010, may request an exemption from any of the
10.19health and safety standards required under subdivision 1 that would require remodeling
10.20in order to comply. The request for an exemption shall be submitted in writing to the
10.21commissioner, and shall not be considered final until notification from the commissioner
10.22that the exemption is approved.
10.23 Subd. 3. Standards for equipment, instruments, and supplies. (a) Equipment,
10.24instruments, and supplies must comply with the health and safety standards in this
10.25subdivision before a licensed technician may conduct body art procedures.
10.26(b) Jewelry used as part of a body art procedure must be made of surgical
10.27implant-grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium,
10.28titanium, or platinum, or a dense low-porosity plastic. Use of jewelry that is constructed
10.29of wood, bone, or other porous material is prohibited.
10.30(c) Jewelry used as part of a body art procedure must be free of nicks, scratches, or
10.31irregular surfaces and must be properly sterilized before use.
10.32(d) Reusable instruments must be thoroughly washed to remove all organic matter,
10.33rinsed, and sterilized before and after use.
10.34(e) Needles must be single-use needles and sterilized before use.
10.35(f) Sterilization must be conducted using steam heat or chemical vapor.
11.1(g) All sterilization units must be operated according to the manufacturer's
11.3(h) At least once a month, but not to exceed 30 days between tests, a spore test must
11.4be conducted on each sterilizer used to ensure proper functioning. If a positive spore test
11.5result is received, the sterilizer at issue may not be used until a negative result is obtained.
11.6(i) All inks and other pigments used in a body art procedure must be specifically
11.7manufactured for tattoo procedures.
11.8(j) Immediately before applying a tattoo, the quantity of the ink needed must be
11.9transferred from the ink bottle and placed into single-use paper or plastic cups immediately
11.10before applying the tattoo. Upon completion of the tattoo, the single-use cups and their
11.11contents must be discarded.
11.12(k) All tables, chairs, furniture, or other procedure surfaces that may be exposed
11.13to blood or body fluids during the body art procedure must be cleanable and must be
11.14sanitized after each client with a liquid chemical germicide.
11.15(l) Single-use towels or wipes must be provided to the client. These towels must be
11.16dispensed in a manner that precludes contamination and disposed of in a washable garbage
11.17container with a foot-operated lid or with no lid and a removal liner.
11.18(m) All bandages and surgical dressings used must be sterile or bulk-packaged
11.19clean and stored in a clean, closed container.
11.20(n) All equipment and instruments must be maintained in good working order and in
11.21a clean and sanitary condition.
11.22(o) All instruments and supplies must be stored clean and dry in covered containers.
11.23(p) Single-use disposable barriers must be provided on all equipment that cannot be
11.24sterilized as part of the procedure as required under this section including, but not limited
11.25to, spray bottles, procedure light fixture handles, and tattoo machines.
11.26 Subd. 4. Standards for body art procedures. (a) All body art procedures must
11.27comply with the health and safety standards in this subdivision.
11.28(b) The skin area subject to a body art procedure must be thoroughly cleaned
11.29with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only
11.30single-use towels or wipes may be used to clean the skin.
11.31(c) Whenever it is necessary to shave the skin, a new disposable razor must be
11.32used for each client and disposed after use.
11.33(d) No body art procedure may be performed on any area of the skin where there is
11.34an evident infection, irritation, or open wound.
11.35(e) Single-use nonabsorbent gloves of adequate size and quality to preserve dexterity
11.36must be used for touching clients, for handling sterile instruments, or for handling blood
12.1or body fluids. Nonlatex gloves must be used with clients or employees who request
12.2them or when petroleum products are used. Gloves must be changed if a glove becomes
12.3damaged or comes in contact with any nonclean surface or objects or with a third person.
12.4At a minimum, gloves must be discarded after the completion of a procedure on a client.
12.5Hands and wrists must be washed before putting on a clean pair of gloves and after
12.6removing a pair of gloves.
12.7 Subd. 5. Standards for technicians. (a) Technicians must comply with the health
12.8and safety standards in this subdivision.
12.9(b) Technicians must scrub their hands and wrists thoroughly before and after
12.10performing a body art procedure, after contact with the client receiving the procedure,
12.11and after contact with potentially contaminated materials.
12.12(c) A technician may not smoke, eat, or drink while performing body art procedures.
12.13(d) A technician may not perform a body art procedure if the technician has any open
12.14sores visible or in a location that may come in contact with the client.
12.15 Subd. 6. Contamination standards. (a) Infectious waste and sharps must be
12.16managed according to sections 116.76 to 116.83 and must be disposed of by an approved
12.17infectious waste hauler at a site permitted to accept the waste, according to Minnesota
12.18Rules, parts 7035.9100 to 7035.9150. Sharps ready for disposal must be disposed of
12.19in an approved sharps container.
12.20(b) Contaminated waste that may release liquid blood or body fluids when
12.21compressed or that may release dried blood or body fluids when handled must be placed in
12.22an approved red bag that is marked with the international biohazard symbol.
12.23(c) Contaminated waste that does not release liquid blood or body fluids when
12.24compressed or handled may be placed in a covered receptacle and disposed of through
12.25normal approved disposal methods.
12.26(d) Storage of contaminated waste onsite must not exceed the period specified by
12.27Code of Federal Regulations, title 29, section 1910.1030.
Sec. 7. [146B.07] PROFESSIONAL STANDARDS.
12.29 Subdivision 1. Standard practice. (a) A technician shall require proof of age
12.30before performing any body art procedure on a client. Proof of age must be established
12.31by one of the following methods:
12.32(1) a valid driver's license or identification card issued by the state of Minnesota or
12.33another state that includes a photograph and date of birth of the individual;
12.34(2) a valid military identification card issued by the United States Department of
13.1(3) a valid passport;
13.2(4) a resident alien card; or
13.3(5) a tribal identification card.
13.4(b) No technician shall perform a body art procedure on any individual under the
13.5age of 18 years unless the individual provides a notarized written consent of a parent or
13.6legal guardian or the individual's parent or legal guardian is present and a consent form is
13.7signed by a parent or legal guardian in the presence of the technician. The consent must
13.8include both the custodial and noncustodial parents, where applicable.
13.9(c) Before performing any body art procedure, the technician must provide the client
13.10with a disclosure and authorization form that indicates whether the client has:
13.12(2) a history of hemophilia;
13.13(3) a history of skin diseases, skin lesions, or skin sensitivities to soap or
13.15(4) a history of epilepsy, seizures, fainting, or narcolepsy;
13.16(5) any condition that requires the client to take medications such as anticoagulants
13.17that thin the blood or interfere with blood clotting; or
13.18(6) any other information that would aid the technician in the body art procedure
13.20The technician shall ask the client to sign and date the disclosure and authorization form
13.21confirming that the information listed on the form was provided.
13.22(d) No technician shall perform body art procedures on any individual who appears
13.23to be under the influence of alcohol, controlled substances as defined in section 152.01,
13.24subdivision 4, or hazardous substances as defined in rules adopted under chapter 182.
13.25(e) No technician shall perform body art procedures while under the influence of
13.26alcohol, controlled substances as defined under section 152.01, subdivision 4, or hazardous
13.27substances as defined in the rules adopted under chapter 182.
13.28(f) No technician shall administer anesthetic injections or other medications.
13.29(g) Before performing any body art procedure, the technician shall offer and make
13.30available to the client person draping, as appropriate.
13.31 Subd. 2. Informed consent. Before performing a body art procedure, the technician
13.32shall obtain from the client a signed and dated informed consent form. The consent form
13.34(1) that a tattoo is considered permanent and may only be removed with a surgical
13.35procedure and that any effective removal may leave scarring; and
13.36(2) that a piercing may leave scarring.
14.1 Subd. 3. Client record maintenance. For each client, the body art establishment
14.2operator shall maintain proper records of each procedure. The records of the procedure
14.3must be kept for two years and must be available for inspection by the commissioner upon
14.4request. The record must include the following:
14.5(1) the date of the procedure;
14.6(2) the information on the required picture identification showing the name, age,
14.7and current address of the client;
14.8(3) a copy of the release form signed and dated by the client required under
14.9subdivision 1, paragraph (c);
14.10(4) a description of the body art procedure performed;
14.11(5) the name and license number of the technician performing the procedure;
14.12(6) a copy of the consent form required under subdivision 2; and
14.13(7) if the client is under the age of 18 years, a copy of the consent form signed by the
14.14parent or legal guardian as required under subdivision 1.
14.15 Subd. 4. Aftercare. A technician shall provide each client with verbal and
14.16written instructions for the care of the tattooed or pierced site upon the completion of
14.17the procedure. The written instructions must advise the client to consult a health care
14.18professional at the first sign of infection.
14.19 Subd. 5. State, county, and municipal public health regulations. An operator
14.20and technician shall comply with all applicable state, county, and municipal requirements
14.21regarding public health.
14.22 Subd. 6. Notification. The operator of the body art establishment shall immediately
14.23notify the commissioner or local health authority of any reports they receive of a potential
14.24bloodborne pathogen transmission.
Sec. 8. [146B.08] INVESTIGATION PROCESS AND GROUNDS FOR
14.27 Subdivision 1. Investigations of complaints. The commissioner may initiate an
14.28investigation upon receiving a signed complaint or other signed written communication
14.29that alleges or implies that an individual or establishment has violated this chapter.
14.30According to section 214.13, subdivision 6, in the receipt, investigation, and hearing of a
14.31complaint that alleges or implies an individual or establishment has violated this chapter,
14.32the commissioner shall follow the procedures in section 214.10.
14.33 Subd. 2. Rights of applicants and licensees. The rights of an applicant denied
14.34licensure are stated in section 146B.03, subdivision 5. A licensee may not be subjected to
15.1disciplinary action under this section without first having an opportunity for a contested
15.2case hearing under chapter 14.
15.3 Subd. 3. Grounds for disciplinary action by commissioner. The commissioner
15.4may take any of the disciplinary actions listed in subdivision 4 on proof that a technician
15.5or an operator of an establishment has:
15.6(1) intentionally submitted false or misleading information to the commissioner;
15.7(2) failed, within 30 days, to provide information in response to a written request by
15.9(3) violated any provision of this chapter;
15.10(4) failed to perform services with reasonable judgment, skill, or safety due to the
15.11use of alcohol or drugs, or other physical or mental impairment;
15.12(5) aided or abetted another person in violating any provision of this chapter;
15.13(6) been or is being disciplined by another jurisdiction, if any of the grounds for the
15.14discipline are the same or substantially equivalent to those under this chapter;
15.15(7) not cooperated with the commissioner in an investigation conducted according to
15.17(8) advertised in a manner that is false or misleading;
15.18(9) engaged in conduct likely to deceive, defraud, or harm the public;
15.19(10) demonstrated a willful or careless disregard for the health, welfare, or safety
15.20of a client;
15.21(11) obtained money, property, or services from a client through the use of undue
15.22influence, harassment, duress, deception, or fraud;
15.23(12) failed to refer a client to a health care professional for medical evaluation or
15.24care when appropriate; or
15.25(13) been convicted of a felony-level criminal sexual conduct offense. "Conviction"
15.26means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.
15.27 Subd. 4. Disciplinary actions. If the commissioner finds that a technician or
15.28an operator of an establishment should be disciplined according to subdivision 3, the
15.29commissioner may take any one or more of the following actions:
15.30(1) refuse to grant or renew licensure;
15.31(2) suspend licensure for a period not exceeding one year;
15.32(3) revoke licensure;
15.33(4) take any reasonable lesser action against an individual upon proof that the
15.34individual has violated this chapter; or
15.35(5) impose, for each violation, a civil penalty not exceeding $10,000 that deprives
15.36the licensee of any economic advantage gained by the violation and that reimburses the
16.1department for costs of the investigation and proceedings resulting in disciplinary action,
16.2including the amount paid for services of the Office of Administrative Hearings, the
16.3amount paid for services of the Office of the Attorney General, attorney fees, court
16.4reporters, witnesses, reproduction of records, department staff time, and expenses incurred
16.5by department staff.
16.6 Subd. 5. Consequences of disciplinary actions. Upon the suspension or revocation
16.7of licensure, the technician or establishment shall cease to:
16.8(1) perform body art procedures;
16.9(2) use titles protected under this chapter; and
16.10(3) represent to the public that the technician or establishment is licensed by the
16.12 Subd. 6. Reinstatement requirements after disciplinary action. A technician
16.13who has had licensure suspended may petition on forms provided by the commissioner
16.14for reinstatement following the period of suspension specified by the commissioner. The
16.15requirements of section 146B.03 for renewing licensure must be met before licensure
16.16may be reinstated.
Sec. 9. [146B.09] COUNTY OR MUNICIPAL REGULATION.
16.18Nothing in this chapter preempts or supersedes any county or municipal ordinances
16.19relating to land use, building and construction requirements, nuisance control, or the
16.20licensing of commercial enterprises in general.
Sec. 10. [146B.10] FEES.
16.22 Subdivision 1. Biennial licensing fees. (a) The fee for the initial technician
16.23licensure and biennial licensure renewal is $.......
16.24(b) The fee for temporary technician licensure is $......
16.25(c) The fee for the temporary guest artist license is $.......
16.26(d) The fee for a provisional establishment license is $.......
16.27(e) The fee for an establishment license is $.......
16.28(f) The fee for a temporary body art establishment permit and renewal is $.......
16.29 Subd. 2. Penalty for late renewals. The penalty fee for late submission for renewal
16.30applications is $.......
16.31 Subd. 3. Deposit. Fees collected by the commissioner under this section must be
16.32deposited in the state government special revenue fund.
Sec. 11. Minnesota Statutes 2008, section 325F.814, subdivision 1, is amended to read:
Subdivision 1. Prohibition.
No person may provide body piercing
person under the age of 18 without the notarized
written consent of a parent or legal
guardian or the parent or legal guardian is present and a consent form is signed by a
17.4parent or legal guardian in the presence of the person performing the body piercing.
17.5The consent must include both the custodial and noncustodial parents, where applicable
The provider of the services must witness the execution and dating of the consent by the
17.7 parent or legal guardian.
Sec. 12. Minnesota Statutes 2008, section 609.2246, subdivision 1, is amended to read:
Subdivision 1. Requirements.
No person under the age of 18 may receive a tattoo
unless the person provides a notarized
to the tattoo of a parent or
17.11legal guardian or the parent or legal guardian is present and a consent form is signed by a
17.12parent or legal guardian in the presence of the person performing the tattoo
. The consent
must include both the custodial and noncustodial parents, where applicable.
Sec. 13. EFFECTIVE DATE.
17.15Sections 1 to 12 are effective August 1, 2010.