Connecticut 2019 Regular Session

Connecticut Senate Bill SB01058 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 1058
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	6	+	General Assembly Raised Bill No. 1058
8	7		January Session, 2019
	8	+	LCO No. 5619
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	10	+
	11	+	Referred to Committee on PUBLIC HEALTH
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PH)
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12	21		AN ACT CONCERNING TH E LICENSURE OF TATTOO TECHNICIAN S.
13	22		Be it enacted by the Senate and House of Representatives in General
14	23		Assembly convened:
15	24
16	25		Section 1. Section 20-266n of the general statutes is repealed and the 1
17	26		following is substituted in lieu thereof (Effective October 1, 2019): 2
18	27		As used in this section and sections 20-266o to 20-266s, inclusive, as 3
19	28		amended by this act, and subsection (c) of section 19a-14: 4
20	29		(1) "Commissioner" means the Commissioner of Public Health; [.] 5
21	30		(2) "Department" means the Department of Public Health; [.] 6
22	31		(3) "Tattooing" means marking or coloring, in an indelible manner, 7
23	32		the skin of any person by pricking in coloring matter or by producing 8
24	33		scars; [.] 9
25	34		(4) "Tattoo technician" means a person who is licensed under the 10
26		-	provisions of section 20-266o, as amended by this act; [.] 11
	35	+	provisions of section 20-266o, as amended by this act; [.] 11 Raised Bill No. 1058
	36	+
	37	+
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	40	+
27	41		(5) "Student tattoo technician" means a person studying tattooing 12
28	42		who is registered with the department pursuant to section 20-266o, as 13
29	43		amended by this act; [.] and 14
30	44		(6) "Supervising tattoo technician" means a tattoo technician 15
31	45		licensed pursuant to this chapter for not less than five years who is 16
32		-	responsible for the personal supervision of a student tattoo technician's 17 Substitute Bill No. 1058
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	46	+	responsible for the personal supervision of a student tattoo technician's 17
39	47		practical training and experience in tattooing. 18
40	48		Sec. 2. Section 20-266o of the general statutes is repealed and the 19
41	49		following is substituted in lieu thereof (Effective October 1, 2019): 20
42	50		(a) [On and after July 1, 2014, no] No person shall engage in the 21
43	51		practice of tattooing unless the person is eighteen years of age or older 22
44	52		and has obtained a license or temporary permit from the Department 23
45	53		of Public Health pursuant to this section. 24
46	54		(b) [(1)] Each person seeking licensure as a tattoo technician [on or 25
47	55		before January 1, 2015,] shall [make application] apply to the 26
48	56		department on a form prescribed by the department [,] and pay an 27
49	57		application fee of two hundred fifty dollars. [and] Each applicant shall 28
50	58		present to the department satisfactory evidence that the applicant: 29
51	59		[(A)] (1) Is eighteen years of age or older; [(B)] (2) has successfully 30
52	60		completed, within the three years preceding the date of application, a 31
53	61		course on prevention of disease transmission and blood-borne 32
54	62		pathogens that complies with the standards adopted by the federal 33
55	63		Occupational Safety and Health Administration, as described in 29 34
56	64		CFR 1910.1030 et seq., as amended from time to time, and that requires 35
57	65		the successful completion of a proficiency examination as part of such 36
58	66		course; [and (C)] (3) holds current certification by the American Red 37
59	67		Cross or the American Heart Association in basic first aid; and (4) 38
60	68		signs a form prescribed by the Commissioner of Public Health 39
61	69		attesting that such person is in compliance with infection prevention 40
62	70		and control plan guidelines prescribed by the commissioner. The 41
63	71		infection prevention and control plan guidelines shall include, but 42
64		-	need not be limited to, the following: (A) Use of personal protective 43
	72	+	need not be limited to, the following: (A) Use of personal protective 43 Raised Bill No. 1058
	73	+
	74	+
	75	+
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	77	+
65	78		equipment, including, but not limited to, disposable gloves, as a 44
66	79		barrier against infectious materials, (B) the practice of appropriate 45
67	80		hand hygiene including the availability of a hand-washing sink in the 46
68	81		area where the practice of tattooing occurs, (C) the decontamination 47
69	82		and sterilization, with hospital-grade cleaner, of the area or materials 48
70	83		used in the practice of tattooing, including, but not limited to, chairs, 49
71		-	armrests, tables, countertops, trays, seats, furniture and reusable 50 Substitute Bill No. 1058
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	84	+	armrests, tables, countertops, trays, seats, furniture and reusable 50
78	85		instruments that may come into contact with skin or mucosal surfaces, 51
79	86		and (D) the appropriate use of disposable equipment and the disposal 52
80	87		of sharps used during the practice of tattooing. 53
81	88		[(2) Each person seeking licensure as a tattoo technician after 54
82	89		January 1, 2015, shall, in addition to satisfying the requirements of 55
83	90		subdivision (1) of this subsection, provide documentation to the 56
84	91		department, in the form and manner required by the commissioner, of 57
85	92		having (A) completed not less than two thousand hours of practical 58
86	93		training and experience under the personal supervision and 59
87	94		instruction of a tattoo technician, or (B) practiced tattooing 60
88	95		continuously in this state for a period of not less than five years prior 61
89	96		to January 1, 2015.] 62
90	97		(c) Licenses issued under this section shall be subject to renewal 63
91	98		once every two years. A license to practice tattooing shall be renewed 64
92	99		in accordance with the provisions of section 19a-88 for a fee of two 65
93	100		hundred dollars. A licensee applying for license renewal shall, as a 66
94	101		condition of license renewal, successfully complete a course on 67
95	102		prevention of disease transmission and blood-borne pathogens that 68
96	103		complies with the standards adopted by the federal Occupational 69
97	104		Safety and Health Administration, as described in 29 CFR 1910.1030 et 70
98	105		seq., as amended from time to time, and that requires the successful 71
99	106		completion of a proficiency examination as part of such course. Each 72
100	107		licensee applying for license renewal shall sign a statement attesting 73
101	108		that the licensee has successfully completed such education course 74
102	109		within the six months preceding the expiration of the license on a form 75
103	110		prescribed by the Commissioner of Public Health. Each licensee shall 76
104		-	retain certificates of completion that demonstrate compliance with the 77
	111	+	retain certificates of completion that demonstrate compliance with the 77 Raised Bill No. 1058
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105	117		requirement for a minimum of four years after the year in which the 78
106	118		course was completed and shall submit such certificates to the 79
107	119		department for inspection not later than forty-five days after a request 80
108	120		by the department for such certificates. 81
109	121		(d) The provisions of this section shall not apply to a physician, an 82
110		-	advanced practice registered nurse rendering service in collaboration 83 Substitute Bill No. 1058
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	122	+	advanced practice registered nurse rendering service in collaboration 83
117	123		with a physician, a registered nurse executing the medical regimen 84
118	124		under the direction of a licensed physician, dentist or advanced 85
119	125		practice registered nurse, or a physician assistant rendering service 86
120	126		under the supervision, control and responsibility of a physician. 87
121	127		(e) No person shall use the title "tattoo technician", "tattoo artist", 88
122	128		"tattooist" or other similar titles unless the person holds a license 89
123	129		issued in accordance with this section. 90
124	130		(f) Notwithstanding the provisions of subsection (a) of this section, a 91
125	131		person may practice tattooing if such person has obtained a license or 92
126	132		temporary permit pursuant to this subsection or practices tattooing 93
127	133		temporarily in the state as an instructor or participant in an event, 94
128	134		trade show or product demonstration in accordance with the 95
129	135		provisions of subdivision (3) of this subsection. 96
130	136		(1) The department may grant licensure to any person who is 97
131	137		licensed at the time of application as a tattoo technician, or as a person 98
132	138		entitled to perform similar services under a different designation, in 99
133	139		another state of the United States, the District of Columbia or a 100
134	140		commonwealth or territory subject to the laws of the United States and 101
135	141		who submits evidence satisfactory to the department of (A) a current 102
136	142		license in good standing to practice tattooing from such other state, 103
137	143		commonwealth or territory, (B) documentation of licensed practice in 104
138	144		such state, commonwealth or territory for a period of at least two years 105
139	145		immediately preceding application, (C) successful completion of a 106
140	146		course on prevention of disease transmission and blood-borne 107
141	147		pathogens that complies with the standards adopted by the federal 108
142		-	Occupational Safety and Health Administration, as described in 29 109
	148	+	Occupational Safety and Health Administration, as described in 29 109 Raised Bill No. 1058
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	150	+
	151	+
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143	154		CFR 1910.1030 et seq., as amended from time to time, [and] (D) current 110
144	155		certification by the American Red Cross or the American Heart 111
145	156		Association in basic first aid, and (E) signs a form prescribed by the 112
146	157		Commissioner of Public Health attesting that such person is in 113
147	158		compliance with the infection prevention and control plan guidelines 114
148		-	prescribed by the commissioner pursuant to subsection (b) of this 115
149		-	section. Pending approval of the application for licensure, the 116 Substitute Bill No. 1058
	159	+	as prescribed by the commissioner. Pending approval of the 115
	160	+	application for licensure, the commissioner may issue a temporary 116
	161	+	permit to such applicant upon receipt of a completed application form, 117
	162	+	accompanied by the fee for licensure, a copy of a current license from 118
	163	+	such other state, commonwealth or territory and a notarized affidavit 119
	164	+	attesting that the license is valid and belongs to the person requesting 120
	165	+	notarization. Such temporary permit shall be valid for a period not to 121
	166	+	exceed one hundred twenty calendar days and shall not be renewable. 122
	167	+	(2) The commissioner may issue a temporary permit to an applicant 123
	168	+	previously licensed in Connecticut whose license has become void 124
	169	+	pursuant to section 19a-88. Such applicant for a temporary permit shall 125
	170	+	submit to the department a completed application form accompanied 126
	171	+	by a fee of one hundred dollars, a copy of a current license in good 127
	172	+	standing from another state and a notarized affidavit attesting that 128
	173	+	such license is valid and belongs to the person requesting notarization. 129
	174	+	A temporary permit for an applicant previously licensed in 130
	175	+	Connecticut whose license has become void pursuant to section 19a-88 131
	176	+	shall be valid for a period not to exceed one hundred twenty calendar 132
	177	+	days and shall not be renewable. 133
	178	+	(3) A person who: (A) Provides instruction on tattooing techniques; 134
	179	+	or (B) participates in the demonstration of a tattooing-related product 135
	180	+	or offers tattooing as part of a professional course, seminar, workshop, 136
	181	+	trade show or other event, may practice tattooing for such purpose, 137
	182	+	provided such person described in subparagraphs (A) and (B) of this 138
	183	+	subdivision (i) is licensed or certified in the state, territory or 139
	184	+	possession of the United States or foreign country that is the primary 140
	185	+	place where such person practices tattooing if such state, territory, 141
	186	+	possession or foreign country requires licensure or certification for 142
	187	+	tattooing, (ii) has successfully completed a course on prevention of 143 Raised Bill No. 1058
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156		-	commissioner may issue a temporary permit to such applicant upon 117
157		-	receipt of a completed application form, accompanied by the fee for 118
158		-	licensure, a copy of a current license from such other state, 119
159		-	commonwealth or territory and a notarized affidavit attesting that the 120
160		-	license is valid and belongs to the person requesting notarization. Such 121
161		-	temporary permit shall be valid for a period not to exceed one 122
162		-	hundred twenty calendar days and shall not be renewable. 123
163		-	(2) The commissioner may issue a temporary permit to an applicant 124
164		-	previously licensed in Connecticut whose license has become void 125
165		-	pursuant to section 19a-88. Such applicant for a temporary permit shall 126
166		-	submit to the department a completed application form accompanied 127
167		-	by a fee of one hundred dollars, a copy of a current license in good 128
168		-	standing from another state and a notarized affidavit attesting that 129
169		-	such license is valid and belongs to the person requesting notarization. 130
170		-	A temporary permit for an applicant previously licensed in 131
171		-	Connecticut whose license has become void pursuant to section 19a-88 132
172		-	shall be valid for a period not to exceed one hundred twenty calendar 133
173		-	days and shall not be renewable. 134
174		-	(3) A person who: (A) Provides instruction on tattooing techniques; 135
175		-	or (B) participates in the demonstration of a tattooing-related product 136
176		-	or offers tattooing as part of a professional course, seminar, workshop, 137
177		-	trade show or other event, may practice tattooing for such purpose, 138
178		-	provided such person described in subparagraphs (A) and (B) of this 139
179		-	subdivision (i) is licensed or certified in the state, territory or 140
180		-	possession of the United States or foreign country that is the primary 141
181		-	place where such person practices tattooing if such state, territory, 142
182		-	possession or foreign country requires licensure or certification for 143
183		-	tattooing, (ii) has successfully completed a course on prevention of 144
184		-	disease transmission and blood-borne pathogens that complies with 145
185		-	the standards adopted by the federal Occupational Safety and Health 146
186		-	Administration, as described in 29 CFR 1910.1030 et seq., as amended 147
187		-	from time to time, within the preceding three years, (iii) practices 148
188		-	tattooing under the direct supervision of a tattoo technician, (iv) does 149 Substitute Bill No. 1058
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	192	+
	193	+	disease transmission and blood-borne pathogens that complies with 144
	194	+	the standards adopted by the federal Occupational Safety and Health 145
	195	+	Administration, as described in 29 CFR 1910.1030 et seq., as amended 146
	196	+	from time to time, within the preceding three years, (iii) practices 147
	197	+	tattooing under the direct supervision of a tattoo technician, (iv) does 148
	198	+	not receive compensation for tattooing, other than for providing 149
	199	+	instruction or tattooing services to persons in attendance at the course, 150
	200	+	seminar, workshop, trade show or event, and (v) provides instruction, 151
	201	+	demonstrates tattooing techniques or offers tattooing only for persons 152
	202	+	enrolled in the course, seminar or workshop or attending the trade 153
	203	+	show or event at which the person provides instruction, demonstrates 154
	204	+	a product or offers tattooing. Any person or organization that holds or 155
	205	+	produces a course, seminar, workshop, trade show or other event at 156
	206	+	which a person who is not a tattoo technician licensed in the state 157
	207	+	provides tattooing instruction, participates in the demonstration of a 158
	208	+	tattooing-related product or offers tattooing to persons in attendance at 159
	209	+	the trade show or event shall ensure compliance with the provisions of 160
	210	+	this section. 161
	211	+	(g) Notwithstanding the provisions of subsection (a) of this section, 162
	212	+	a student tattoo technician may practice tattooing under the personal 163
	213	+	supervision of a tattoo technician for a period not to exceed two years. 164
	214	+	A student tattoo technician shall (1) successfully complete a course on 165
	215	+	prevention of disease transmission and blood-borne pathogens that 166
	216	+	complies with the standards adopted by the federal Occupational 167
	217	+	Safety and Health Administration, as described in 29 CFR 1910.1030 et 168
	218	+	seq., as amended from time to time, and that requires the successful 169
	219	+	completion of a proficiency examination as part of such course, (2) 170
	220	+	hold current certification by the American Red Cross or the American 171
	221	+	Heart Association in basic first aid, (3) obtain a notarized statement 172
	222	+	signed by a supervising tattoo technician documenting completion of 173
	223	+	the minimum training requirements in accordance with subsection (h) 174
	224	+	of this section, and (4) register with the department for purposes of 175
	225	+	completing the practical training and experience required to obtain a 176
	226	+	license pursuant to this section [. An application for registration shall 177 Raised Bill No. 1058
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195		-	not receive compensation for tattooing, other than for providing 150
196		-	instruction or tattooing services to persons in attendance at the course, 151
197		-	seminar, workshop, trade show or event, and (v) provides instruction, 152
198		-	demonstrates tattooing techniques or offers tattooing only for persons 153
199		-	enrolled in the course, seminar or workshop or attending the trade 154
200		-	show or event at which the person provides instruction, demonstrates 155
201		-	a product or offers tattooing. Any person or organization that holds or 156
202		-	produces a course, seminar, workshop, trade show or other event at 157
203		-	which a person who is not a tattoo technician licensed in the state 158
204		-	provides tattooing instruction, participates in the demonstration of a 159
205		-	tattooing-related product or offers tattooing to persons in attendance at 160
206		-	the trade show or event shall ensure compliance with the provisions of 161
207		-	this section. 162
208		-	(g) Notwithstanding the provisions of subsection (a) of this section, 163
209		-	a student tattoo technician may practice tattooing under the personal 164
210		-	supervision of a tattoo technician for a period not to exceed two years. 165
211		-	A student tattoo technician shall (1) successfully complete a course on 166
212		-	prevention of disease transmission and blood-borne pathogens that 167
213		-	complies with the standards adopted by the federal Occupational 168
214		-	Safety and Health Administration, as described in 29 CFR 1910.1030 et 169
215		-	seq., as amended from time to time, and that requires the successful 170
216		-	completion of a proficiency examination as part of such course, (2) 171
217		-	hold current certification by the American Red Cross or the American 172
218		-	Heart Association in basic first aid, (3) obtain a notarized statement 173
219		-	signed by a supervising tattoo technician documenting completion of 174
220		-	the minimum training requirements in accordance with subsection (h) 175
221		-	of this section, and (4) register with the department for purposes of 176
222		-	completing the practical training and experience required to obtain a 177
223		-	license pursuant to this section [. An application for registration shall 178
224		-	be submitted to the department] on a form prescribed by the 179
225		-	commissioner. [and shall be accompanied by documentation that the 180
226		-	applicant (1) has successfully completed a course on prevention of 181
227		-	disease transmission and blood-borne pathogens that complies with 182
228		-	the standards adopted by the federal Occupational Safety and Health 183 Substitute Bill No. 1058
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	232	+	be submitted to the department] on a form prescribed by the 178
	233	+	commissioner. [and shall be accompanied by documentation that the 179
	234	+	applicant (1) has successfully completed a course on prevention of 180
	235	+	disease transmission and blood-borne pathogens that complies with 181
	236	+	the standards adopted by the federal Occupational Safety and Health 182
	237	+	Administration, as described in 29 CFR 1910.1030 et seq., as amended 183
	238	+	from time to time, and that requires the successful completion of a 184
	239	+	proficiency examination as part of such course, and (2) holds current 185
	240	+	certification by the American Red Cross or the American Heart 186
	241	+	Association in basic first aid. Such application shall include a notarized 187
	242	+	statement signed by a tattoo technician providing that such licensee 188
	243	+	acknowledges having responsibility for personally supervising the 189
	244	+	applicant's practical training and experience in tattooing.] 190
	245	+	(h) A supervising tattoo technician may supervise no more than two 191
	246	+	student tattoo technicians and shall maintain records, for a period of 192
	247	+	three years, of completing the following minimum training 193
	248	+	requirements for each student tattoo technician: (1) Discussion of 194
	249	+	transmission, control and symptoms of the diseases caused by blood-195
	250	+	borne pathogens, (2) discussion of tasks involved in the practice of 196
	251	+	tattooing and the risks of exposure to blood-borne pathogens to the 197
	252	+	client and the tattoo technician during the performance of each task, 198
	253	+	(3) discussion of the types and uses of personal protective equipment, 199
	254	+	including an explanation of the limitations of the equipment, (4) 200
	255	+	discussion of the types of tasks, proper task technique and sequence of 201
	256	+	tasks before and after donning and removing personal protective 202
	257	+	equipment to avoid contamination, (5) discussion of the importance of 203
	258	+	hand hygiene and a demonstration of proper hand hygiene techniques, 204
	259	+	(6) discussion of the options, use and storage of disinfectants and 205
	260	+	antiseptics, (7) information on the signage required for biohazard 206
	261	+	materials and the importance of properly labeling chemicals and 207
	262	+	supplies, (8) information on the hepatitis B vaccine, including the 208
	263	+	safety and accessibility, (9) discussion of what constitutes a blood-209
	264	+	borne pathogen exposure incident, including (A) examples of 210
	265	+	incidences and the actions to take in preventing or minimizing further 211 Raised Bill No. 1058
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235		-	Administration, as described in 29 CFR 1910.1030 et seq., as amended 184
236		-	from time to time, and that requires the successful completion of a 185
237		-	proficiency examination as part of such course, and (2) holds current 186
238		-	certification by the American Red Cross or the American Heart 187
239		-	Association in basic first aid. Such application shall include a notarized 188
240		-	statement signed by a tattoo technician providing that such licensee 189
241		-	acknowledges having responsibility for personally supervising the 190
242		-	applicant's practical training and experience in tattooing.] 191
243		-	(h) A supervising tattoo technician may supervise no more than two 192
244		-	student tattoo technicians and shall maintain records, for a period of 193
245		-	three years, of completing the following minimum training 194
246		-	requirements for each student tattoo technician: (1) Discussion of 195
247		-	transmission, control and symptoms of the diseases caused by blood-196
248		-	borne pathogens, (2) discussion of tasks involved in the practice of 197
249		-	tattooing and the risks of exposure to blood-borne pathogens to the 198
250		-	client and the tattoo technician during the performance of each task, 199
251		-	(3) discussion of the types and uses of personal protective equipment, 200
252		-	including an explanation of the limitations of the equipment, (4) 201
253		-	discussion of the types of tasks, proper task technique and sequence of 202
254		-	tasks before and after donning and removing personal protective 203
255		-	equipment to avoid contamination, (5) discussion of the importance of 204
256		-	hand hygiene and a demonstration of proper hand hygiene techniques, 205
257		-	(6) discussion of the options, use and storage of disinfectants and 206
258		-	antiseptics, (7) provision of information on the signage required for 207
259		-	biohazard materials and the importance of properly labeling chemicals 208
260		-	and supplies, (8) provision of information on the hepatitis B vaccine, 209
261		-	including the safety and accessibility of the vaccine, (9) discussion of 210
262		-	what constitutes a blood-borne pathogen exposure incident, including 211
263		-	(A) examples of incidences and the actions to take in preventing or 212
264		-	minimizing further exposure; (B) risks of infection following an 213
265		-	exposure incident; and (C) procedures to follow after an exposure 214
266		-	incident, including follow-up medical treatment, and (10) provision of 215
267		-	opportunities for interactive questions and answers between the 216
268		-	supervising tattoo technician and the student tattoo technician. 217 Substitute Bill No. 1058
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275		-	[(h)] (i) No license or temporary permit shall be issued under this ~~218~~
276		-	section to any applicant against whom professional disciplinary action ~~219~~
277		-	is pending or who is the subject of an unresolved complaint in any ~~220~~
278		-	state or jurisdiction. ~~221~~
279		-	[(i)] (j) The Commissioner of Public Health may, in accordance with ~~222~~
280		-	chapter 54, adopt such regulations as are necessary to implement the ~~223~~
281		-	provisions of sections 20-266o to 20-266s, inclusive, as amended by this ~~224~~
282		-	act. ~~225~~
	271	+	exposure; (B) risks of infection following an exposure incident; and (C) 212
	272	+	procedures to follow after an exposure incident, including follow-up 213
	273	+	medical treatment, and (10) opportunities for interactive questions and 214
	274	+	answers between the supervising tattoo technician and the student 215
	275	+	tattoo technician. 216
	276	+	[(h)] (i) No license or temporary permit shall be issued under this 217
	277	+	section to any applicant against whom professional disciplinary action 218
	278	+	is pending or who is the subject of an unresolved complaint in any 219
	279	+	state or jurisdiction. 220
	280	+	[(i)] (j) The Commissioner of Public Health may, in accordance with 221
	281	+	chapter 54, adopt such regulations as are necessary to implement the 222
	282	+	provisions of sections 20-266o to 20-266s, inclusive, as amended by this 223
	283	+	act. 224
283	284		This act shall take effect as follows and shall amend the following
284	285		sections:
285	286
286	287		Section 1 October 1, 2019 20-266n
287	288		Sec. 2 October 1, 2019 20-266o
288	289
289		-	Statement of Legislative Commissioners:
290		-	In Section 2(f)(1)(E), "pursuant to subsection (b) of this section" was
291		-	added for internal consistency; in Section 2(h), "provision of" was
292		-	added to Subdivs. (7), (8) and (10) for internal consistency and "of the
293		-	vaccine" was added to Subdiv. (8) for clarity.
294		-
295		-	PH Joint Favorable Subst. -LCO
	290	+	Statement of Purpose:
	291	+	To require tattoo technicians to comply with the infection prevention
	292	+	and control plan guidelines prescribed by the Commissioner of Public
	293	+	Health and to require student tattoo technicians to complete minimum
	294	+	educational requirements under a supervising licensed tattoo
	295	+	technician.
	296	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	297	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	298	+	not underlined.]
296	299