| 14 | 13 | | A BILL TO BE ENTITLED 1 |
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| 15 | 14 | | AN ACT ESTABLISHING AN ANNUAL BLOODBORNE PATHOGEN TRAINING 2 |
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| 16 | 15 | | REQUIREMENT FOR TATTOOISTS . 3 |
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| 17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 18 | 17 | | SECTION 1. G.S. 130A-283 reads as rewritten: 5 |
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| 19 | 18 | | "§ 130A-283. Tattooing regulated. 6 |
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| 20 | 19 | | (a) Definition. – As used in this Part, the term "tattooing" means the inserting of 7 |
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| 21 | 20 | | permanent markings or coloration, or the producing of scars, upon or under human skin through 8 |
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| 22 | 21 | | puncturing by use of a needle or any other method. 9 |
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| 23 | 22 | | (b) Prohibited Practice. Tattooing Permit Required; Exemptions. – No person shall 10 |
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| 24 | 23 | | engage in tattooing without first obtaining a tattooing permit from the Department. Licensed 11 |
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| 25 | 24 | | physicians, as well as physician assistants and nurse practitioners working under the supervision 12 |
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| 26 | 25 | | of a licensed physician, who perform tattooing within the normal course of their professional 13 |
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| 27 | 26 | | practice are exempt from the requirements of this Part. 14 |
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| 28 | 27 | | (c) Application. Permit Application. – To Any person seeking to obtain a tattooing 15 |
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| 29 | 28 | | permit, a person must permit shall apply to the Department. Department on forms prescribed by 16 |
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| 30 | 29 | | the Department. Upon receipt of the application, the Department, acting through the local health 17 |
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| 31 | 30 | | department, shall (i) verify that the applicant has completed the bloodborne pathogen training 18 |
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| 32 | 31 | | required by subsection (c1) of this section and (ii) inspect the premises, instruments, utensils, 19 |
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| 33 | 32 | | equipment, and procedures of the applicant to determine whether the applicant meets the 20 |
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| 34 | 33 | | requirements for a tattooing permit set by the Commission. If the applicant meets these 21 |
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| 35 | 34 | | requirements, the Department shall issue a permit to the applicant. A permit is valid for one year 22 |
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| 36 | 35 | | and must be renewed annually by applying to the Department for a permit renewal. 23 |
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| 37 | 36 | | (c1) Annual Bloodborne Pathogen Training. – Each applicant seeking an initial or renewal 24 |
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| 38 | 37 | | tattooing permit under this section is required to demonstrate to the satisfaction of the Department 25 |
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| 39 | 38 | | that the applicant has completed annual training in compliance with the Occupational Safety and 26 |
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| 40 | 39 | | Health Association's bloodborne pathogens standard set forth in 29 C.F.R. § 1910.1030. 27 |
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| 41 | 40 | | (d) Violations. – The Department may deny an application for a an initial or renewal 28 |
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| 42 | 41 | | tattooing permit if an applicant fails to demonstrate successful completion of the bloodborne 29 |
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| 43 | 42 | | pathogen training required by subsection (c1) of this section or does not meet the requirements 30 |
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| 44 | 43 | | set by the Commission for the permit. The Department may suspend, revoke, or refuse to renew 31 |
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| 45 | 44 | | a permit if it finds that tattooing is being performed in violation of this Part. In accordance with 32 |
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| 46 | 45 | | G.S. 130A-24(a), Chapter 150B of the General Statutes, the Administrative Procedure Act, 33 |
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