LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058-R01- SB.docx 1 of 8 General Assembly Substitute Bill No. 1058 January Session, 2019 AN ACT CONCERNING TH E LICENSURE OF TATTO O TECHNICIANS. 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 Section 20-266n of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2019): 2 As used in this section and sections 20-266o to 20-266s, inclusive, as 3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 (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 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 2 of 8 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 Section 20-266o of the general statutes is repealed and the 19 following is substituted in lieu thereof (Effective October 1, 2019): 20 (a) [On and after July 1, 2014, no] No person shall engage in the 21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 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 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 3 of 8 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 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 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 4 of 8 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 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 prescribed by the commissioner pursuant to subsection (b) of this 115 section. Pending approval of the application for licensure, the 116 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 5 of 8 commissioner may issue a temporary permit to such applicant upon 117 receipt of a completed application form, accompanied by the fee for 118 licensure, a copy of a current license from such other state, 119 commonwealth or territory and a notarized affidavit attesting that the 120 license is valid and belongs to the person requesting notarization. Such 121 temporary permit shall be valid for a period not to exceed one 122 hundred twenty calendar days and shall not be renewable. 123 (2) The commissioner may issue a temporary permit to an applicant 124 previously licensed in Connecticut whose license has become void 125 pursuant to section 19a-88. Such applicant for a temporary permit shall 126 submit to the department a completed application form accompanied 127 by a fee of one hundred dollars, a copy of a current license in good 128 standing from another state and a notarized affidavit attesting that 129 such license is valid and belongs to the person requesting notarization. 130 A temporary permit for an applicant previously licensed in 131 Connecticut whose license has become void pursuant to section 19a-88 132 shall be valid for a period not to exceed one hundred twenty calendar 133 days and shall not be renewable. 134 (3) A person who: (A) Provides instruction on tattooing techniques; 135 or (B) participates in the demonstration of a tattooing-related product 136 or offers tattooing as part of a professional course, seminar, workshop, 137 trade show or other event, may practice tattooing for such purpose, 138 provided such person described in subparagraphs (A) and (B) of this 139 subdivision (i) is licensed or certified in the state, territory or 140 possession of the United States or foreign country that is the primary 141 place where such person practices tattooing if such state, territory, 142 possession or foreign country requires licensure or certification for 143 tattooing, (ii) has successfully completed a course on prevention of 144 disease transmission and blood-borne pathogens that complies with 145 the standards adopted by the federal Occupational Safety and Health 146 Administration, as described in 29 CFR 1910.1030 et seq., as amended 147 from time to time, within the preceding three years, (iii) practices 148 tattooing under the direct supervision of a tattoo technician, (iv) does 149 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 6 of 8 not receive compensation for tattooing, other than for providing 150 instruction or tattooing services to persons in attendance at the course, 151 seminar, workshop, trade show or event, and (v) provides instruction, 152 demonstrates tattooing techniques or offers tattooing only for persons 153 enrolled in the course, seminar or workshop or attending the trade 154 show or event at which the person provides instruction, demonstrates 155 a product or offers tattooing. Any person or organization that holds or 156 produces a course, seminar, workshop, trade show or other event at 157 which a person who is not a tattoo technician licensed in the state 158 provides tattooing instruction, participates in the demonstration of a 159 tattooing-related product or offers tattooing to persons in attendance at 160 the trade show or event shall ensure compliance with the provisions of 161 this section. 162 (g) Notwithstanding the provisions of subsection (a) of this section, 163 a student tattoo technician may practice tattooing under the personal 164 supervision of a tattoo technician for a period not to exceed two years. 165 A student tattoo technician shall (1) successfully complete a course on 166 prevention of disease transmission and blood-borne pathogens that 167 complies with the standards adopted by the federal Occupational 168 Safety and Health Administration, as described in 29 CFR 1910.1030 et 169 seq., as amended from time to time, and that requires the successful 170 completion of a proficiency examination as part of such course, (2) 171 hold current certification by the American Red Cross or the American 172 Heart Association in basic first aid, (3) obtain a notarized statement 173 signed by a supervising tattoo technician documenting completion of 174 the minimum training requirements in accordance with subsection (h) 175 of this section, and (4) register with the department for purposes of 176 completing the practical training and experience required to obtain a 177 license pursuant to this section [. An application for registration shall 178 be submitted to the department] on a form prescribed by the 179 commissioner. [and shall be accompanied by documentation that the 180 applicant (1) has successfully completed a course on prevention of 181 disease transmission and blood-borne pathogens that complies with 182 the standards adopted by the federal Occupational Safety and Health 183 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 7 of 8 Administration, as described in 29 CFR 1910.1030 et seq., as amended 184 from time to time, and that requires the successful completion of a 185 proficiency examination as part of such course, and (2) holds current 186 certification by the American Red Cross or the American Heart 187 Association in basic first aid. Such application shall include a notarized 188 statement signed by a tattoo technician providing that such licensee 189 acknowledges having responsibility for personally supervising the 190 applicant's practical training and experience in tattooing.] 191 (h) A supervising tattoo technician may supervise no more than two 192 student tattoo technicians and shall maintain records, for a period of 193 three years, of completing the following minimum training 194 requirements for each student tattoo technician: (1) Discussion of 195 transmission, control and symptoms of the diseases caused by blood-196 borne pathogens, (2) discussion of tasks involved in the practice of 197 tattooing and the risks of exposure to blood-borne pathogens to the 198 client and the tattoo technician during the performance of each task, 199 (3) discussion of the types and uses of personal protective equipment, 200 including an explanation of the limitations of the equipment, (4) 201 discussion of the types of tasks, proper task technique and sequence of 202 tasks before and after donning and removing personal protective 203 equipment to avoid contamination, (5) discussion of the importance of 204 hand hygiene and a demonstration of proper hand hygiene techniques, 205 (6) discussion of the options, use and storage of disinfectants and 206 antiseptics, (7) provision of information on the signage required for 207 biohazard materials and the importance of properly labeling chemicals 208 and supplies, (8) provision of information on the hepatitis B vaccine, 209 including the safety and accessibility of the vaccine, (9) discussion of 210 what constitutes a blood-borne pathogen exposure incident, including 211 (A) examples of incidences and the actions to take in preventing or 212 minimizing further exposure; (B) risks of infection following an 213 exposure incident; and (C) procedures to follow after an exposure 214 incident, including follow-up medical treatment, and (10) provision of 215 opportunities for interactive questions and answers between the 216 supervising tattoo technician and the student tattoo technician. 217 Substitute Bill No. 1058 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01058- R01-SB.docx } 8 of 8 [(h)] (i) No license or temporary permit shall be issued under this 218 section to any applicant against whom professional disciplinary action 219 is pending or who is the subject of an unresolved complaint in any 220 state or jurisdiction. 221 [(i)] (j) The Commissioner of Public Health may, in accordance with 222 chapter 54, adopt such regulations as are necessary to implement the 223 provisions of sections 20-266o to 20-266s, inclusive, as amended by this 224 act. 225 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 Legislative Commissioners: In Section 2(f)(1)(E), "pursuant to subsection (b) of this section" was added for internal consistency; in Section 2(h), "provision of" was added to Subdivs. (7), (8) and (10) for internal consistency and "of the vaccine" was added to Subdiv. (8) for clarity. PH Joint Favorable Subst. -LCO