Connecticut 2019 Regular Session

Connecticut Senate Bill SB01058 Latest Draft

Bill / Comm Sub Version Filed 04/18/2019

                             
 
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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 Section 20-266n of the general statutes is repealed and the 1 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 
 
 
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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 Section 20-266o of the general statutes is repealed and the 19 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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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[(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