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General Assembly Raised Bill No. 1058
January Session, 2019
LCO No. 5619
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING TH E LICENSURE OF TATTOO TECHNICIAN S.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 20-266n of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
As used in this section and sections 20-266o to 20-266s, inclusive, as 3
amended by this act, and subsection (c) of section 19a-14: 4
(1) "Commissioner" means the Commissioner of Public Health; [.] 5
(2) "Department" means the Department of Public Health; [.] 6
(3) "Tattooing" means marking or coloring, in an indelible manner, 7
the skin of any person by pricking in coloring matter or by producing 8
scars; [.] 9
(4) "Tattoo technician" means a person who is licensed under the 10
provisions of section 20-266o, as amended by this act; [.] 11 Raised Bill No. 1058
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(5) "Student tattoo technician" means a person studying tattooing 12
who is registered with the department pursuant to section 20-266o, as 13
amended by this act; [.] and 14
(6) "Supervising tattoo technician" means a tattoo technician 15
licensed pursuant to this chapter for not less than five years who is 16
responsible for the personal supervision of a student tattoo technician's 17
practical training and experience in tattooing. 18
Sec. 2. Section 20-266o of the general statutes is repealed and the 19
following is substituted in lieu thereof (Effective October 1, 2019): 20
(a) [On and after July 1, 2014, no] No person shall engage in the 21
practice of tattooing unless the person is eighteen years of age or older 22
and has obtained a license or temporary permit from the Department 23
of Public Health pursuant to this section. 24
(b) [(1)] Each person seeking licensure as a tattoo technician [on or 25
before January 1, 2015,] shall [make application] apply to the 26
department on a form prescribed by the department [,] and pay an 27
application fee of two hundred fifty dollars. [and] Each applicant shall 28
present to the department satisfactory evidence that the applicant: 29
[(A)] (1) Is eighteen years of age or older; [(B)] (2) has successfully 30
completed, within the three years preceding the date of application, a 31
course on prevention of disease transmission and blood-borne 32
pathogens that complies with the standards adopted by the federal 33
Occupational Safety and Health Administration, as described in 29 34
CFR 1910.1030 et seq., as amended from time to time, and that requires 35
the successful completion of a proficiency examination as part of such 36
course; [and (C)] (3) holds current certification by the American Red 37
Cross or the American Heart Association in basic first aid; and (4) 38
signs a form prescribed by the Commissioner of Public Health 39
attesting that such person is in compliance with infection prevention 40
and control plan guidelines prescribed by the commissioner. The 41
infection prevention and control plan guidelines shall include, but 42
need not be limited to, the following: (A) Use of personal protective 43 Raised Bill No. 1058
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equipment, including, but not limited to, disposable gloves, as a 44
barrier against infectious materials, (B) the practice of appropriate 45
hand hygiene including the availability of a hand-washing sink in the 46
area where the practice of tattooing occurs, (C) the decontamination 47
and sterilization, with hospital-grade cleaner, of the area or materials 48
used in the practice of tattooing, including, but not limited to, chairs, 49
armrests, tables, countertops, trays, seats, furniture and reusable 50
instruments that may come into contact with skin or mucosal surfaces, 51
and (D) the appropriate use of disposable equipment and the disposal 52
of sharps used during the practice of tattooing. 53
[(2) Each person seeking licensure as a tattoo technician after 54
January 1, 2015, shall, in addition to satisfying the requirements of 55
subdivision (1) of this subsection, provide documentation to the 56
department, in the form and manner required by the commissioner, of 57
having (A) completed not less than two thousand hours of practical 58
training and experience under the personal supervision and 59
instruction of a tattoo technician, or (B) practiced tattooing 60
continuously in this state for a period of not less than five years prior 61
to January 1, 2015.] 62
(c) Licenses issued under this section shall be subject to renewal 63
once every two years. A license to practice tattooing shall be renewed 64
in accordance with the provisions of section 19a-88 for a fee of two 65
hundred dollars. A licensee applying for license renewal shall, as a 66
condition of license renewal, successfully complete a course on 67
prevention of disease transmission and blood-borne pathogens that 68
complies with the standards adopted by the federal Occupational 69
Safety and Health Administration, as described in 29 CFR 1910.1030 et 70
seq., as amended from time to time, and that requires the successful 71
completion of a proficiency examination as part of such course. Each 72
licensee applying for license renewal shall sign a statement attesting 73
that the licensee has successfully completed such education course 74
within the six months preceding the expiration of the license on a form 75
prescribed by the Commissioner of Public Health. Each licensee shall 76
retain certificates of completion that demonstrate compliance with the 77 Raised Bill No. 1058
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requirement for a minimum of four years after the year in which the 78
course was completed and shall submit such certificates to the 79
department for inspection not later than forty-five days after a request 80
by the department for such certificates. 81
(d) The provisions of this section shall not apply to a physician, an 82
advanced practice registered nurse rendering service in collaboration 83
with a physician, a registered nurse executing the medical regimen 84
under the direction of a licensed physician, dentist or advanced 85
practice registered nurse, or a physician assistant rendering service 86
under the supervision, control and responsibility of a physician. 87
(e) No person shall use the title "tattoo technician", "tattoo artist", 88
"tattooist" or other similar titles unless the person holds a license 89
issued in accordance with this section. 90
(f) Notwithstanding the provisions of subsection (a) of this section, a 91
person may practice tattooing if such person has obtained a license or 92
temporary permit pursuant to this subsection or practices tattooing 93
temporarily in the state as an instructor or participant in an event, 94
trade show or product demonstration in accordance with the 95
provisions of subdivision (3) of this subsection. 96
(1) The department may grant licensure to any person who is 97
licensed at the time of application as a tattoo technician, or as a person 98
entitled to perform similar services under a different designation, in 99
another state of the United States, the District of Columbia or a 100
commonwealth or territory subject to the laws of the United States and 101
who submits evidence satisfactory to the department of (A) a current 102
license in good standing to practice tattooing from such other state, 103
commonwealth or territory, (B) documentation of licensed practice in 104
such state, commonwealth or territory for a period of at least two years 105
immediately preceding application, (C) successful completion of a 106
course on prevention of disease transmission and blood-borne 107
pathogens that complies with the standards adopted by the federal 108
Occupational Safety and Health Administration, as described in 29 109 Raised Bill No. 1058
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CFR 1910.1030 et seq., as amended from time to time, [and] (D) current 110
certification by the American Red Cross or the American Heart 111
Association in basic first aid, and (E) signs a form prescribed by the 112
Commissioner of Public Health attesting that such person is in 113
compliance with the infection prevention and control plan guidelines 114
as prescribed by the commissioner. Pending approval of the 115
application for licensure, the commissioner may issue a temporary 116
permit to such applicant upon receipt of a completed application form, 117
accompanied by the fee for licensure, a copy of a current license from 118
such other state, commonwealth or territory and a notarized affidavit 119
attesting that the license is valid and belongs to the person requesting 120
notarization. Such temporary permit shall be valid for a period not to 121
exceed one hundred twenty calendar days and shall not be renewable. 122
(2) The commissioner may issue a temporary permit to an applicant 123
previously licensed in Connecticut whose license has become void 124
pursuant to section 19a-88. Such applicant for a temporary permit shall 125
submit to the department a completed application form accompanied 126
by a fee of one hundred dollars, a copy of a current license in good 127
standing from another state and a notarized affidavit attesting that 128
such license is valid and belongs to the person requesting notarization. 129
A temporary permit for an applicant previously licensed in 130
Connecticut whose license has become void pursuant to section 19a-88 131
shall be valid for a period not to exceed one hundred twenty calendar 132
days and shall not be renewable. 133
(3) A person who: (A) Provides instruction on tattooing techniques; 134
or (B) participates in the demonstration of a tattooing-related product 135
or offers tattooing as part of a professional course, seminar, workshop, 136
trade show or other event, may practice tattooing for such purpose, 137
provided such person described in subparagraphs (A) and (B) of this 138
subdivision (i) is licensed or certified in the state, territory or 139
possession of the United States or foreign country that is the primary 140
place where such person practices tattooing if such state, territory, 141
possession or foreign country requires licensure or certification for 142
tattooing, (ii) has successfully completed a course on prevention of 143 Raised Bill No. 1058
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disease transmission and blood-borne pathogens that complies with 144
the standards adopted by the federal Occupational Safety and Health 145
Administration, as described in 29 CFR 1910.1030 et seq., as amended 146
from time to time, within the preceding three years, (iii) practices 147
tattooing under the direct supervision of a tattoo technician, (iv) does 148
not receive compensation for tattooing, other than for providing 149
instruction or tattooing services to persons in attendance at the course, 150
seminar, workshop, trade show or event, and (v) provides instruction, 151
demonstrates tattooing techniques or offers tattooing only for persons 152
enrolled in the course, seminar or workshop or attending the trade 153
show or event at which the person provides instruction, demonstrates 154
a product or offers tattooing. Any person or organization that holds or 155
produces a course, seminar, workshop, trade show or other event at 156
which a person who is not a tattoo technician licensed in the state 157
provides tattooing instruction, participates in the demonstration of a 158
tattooing-related product or offers tattooing to persons in attendance at 159
the trade show or event shall ensure compliance with the provisions of 160
this section. 161
(g) Notwithstanding the provisions of subsection (a) of this section, 162
a student tattoo technician may practice tattooing under the personal 163
supervision of a tattoo technician for a period not to exceed two years. 164
A student tattoo technician shall (1) successfully complete a course on 165
prevention of disease transmission and blood-borne pathogens that 166
complies with the standards adopted by the federal Occupational 167
Safety and Health Administration, as described in 29 CFR 1910.1030 et 168
seq., as amended from time to time, and that requires the successful 169
completion of a proficiency examination as part of such course, (2) 170
hold current certification by the American Red Cross or the American 171
Heart Association in basic first aid, (3) obtain a notarized statement 172
signed by a supervising tattoo technician documenting completion of 173
the minimum training requirements in accordance with subsection (h) 174
of this section, and (4) register with the department for purposes of 175
completing the practical training and experience required to obtain a 176
license pursuant to this section [. An application for registration shall 177 Raised Bill No. 1058
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be submitted to the department] on a form prescribed by the 178
commissioner. [and shall be accompanied by documentation that the 179
applicant (1) has successfully completed a course on prevention of 180
disease transmission and blood-borne pathogens that complies with 181
the standards adopted by the federal Occupational Safety and Health 182
Administration, as described in 29 CFR 1910.1030 et seq., as amended 183
from time to time, and that requires the successful completion of a 184
proficiency examination as part of such course, and (2) holds current 185
certification by the American Red Cross or the American Heart 186
Association in basic first aid. Such application shall include a notarized 187
statement signed by a tattoo technician providing that such licensee 188
acknowledges having responsibility for personally supervising the 189
applicant's practical training and experience in tattooing.] 190
(h) A supervising tattoo technician may supervise no more than two 191
student tattoo technicians and shall maintain records, for a period of 192
three years, of completing the following minimum training 193
requirements for each student tattoo technician: (1) Discussion of 194
transmission, control and symptoms of the diseases caused by blood-195
borne pathogens, (2) discussion of tasks involved in the practice of 196
tattooing and the risks of exposure to blood-borne pathogens to the 197
client and the tattoo technician during the performance of each task, 198
(3) discussion of the types and uses of personal protective equipment, 199
including an explanation of the limitations of the equipment, (4) 200
discussion of the types of tasks, proper task technique and sequence of 201
tasks before and after donning and removing personal protective 202
equipment to avoid contamination, (5) discussion of the importance of 203
hand hygiene and a demonstration of proper hand hygiene techniques, 204
(6) discussion of the options, use and storage of disinfectants and 205
antiseptics, (7) information on the signage required for biohazard 206
materials and the importance of properly labeling chemicals and 207
supplies, (8) information on the hepatitis B vaccine, including the 208
safety and accessibility, (9) discussion of what constitutes a blood-209
borne pathogen exposure incident, including (A) examples of 210
incidences and the actions to take in preventing or minimizing further 211 Raised Bill No. 1058
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exposure; (B) risks of infection following an exposure incident; and (C) 212
procedures to follow after an exposure incident, including follow-up 213
medical treatment, and (10) opportunities for interactive questions and 214
answers between the supervising tattoo technician and the student 215
tattoo technician. 216
[(h)] (i) No license or temporary permit shall be issued under this 217
section to any applicant against whom professional disciplinary action 218
is pending or who is the subject of an unresolved complaint in any 219
state or jurisdiction. 220
[(i)] (j) The Commissioner of Public Health may, in accordance with 221
chapter 54, adopt such regulations as are necessary to implement the 222
provisions of sections 20-266o to 20-266s, inclusive, as amended by this 223
act. 224
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 20-266n
Sec. 2 October 1, 2019 20-266o
Statement of Purpose:
To require tattoo technicians to comply with the infection prevention
and control plan guidelines prescribed by the Commissioner of Public
Health and to require student tattoo technicians to complete minimum
educational requirements under a supervising licensed tattoo
technician.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]