Source: Mississippi Code : TITLE 73 PROFESSIONS AND VOCATIONS : CHAPTER 61 TATTOOING AND BODY PIERCING : § 73-61-1. Tattooing.

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§ 73-61-1. Tattooing.

(1) No person shall place a tattoo upon the body of a human for compensation within the State of Mississippi without first registering with the State Department of Health. The facility or premises in which tattooing is to be performed shall be specified in the registration, and the registered person shall be authorized to perform tattooing only in the specified facility or premises. For the purposes of this section, "tattooing" means to make indelible marks or designs on or visible through the skin of a human by puncturing or pricking the skin with a needle or other instrument and inserting ink or other pigments, and "tattoo" means the indelible mark or design so produced. Registrations shall be valid for one (1) year, and each person registered under this section shall pay an annual registration fee to the department in an amount set by the department, but not to exceed One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all registered persons.

(2) The State Board of Health shall promulgate rules and regulations relating to:
(a) Health, cleanliness and general sanitation of the facilities or premises in which tattooing is performed or to be performed;
(b) Sterilization of tattooing apparatus and safe disposal of tattooing apparatus;
(c) Procedures to prevent the transmission of disease or infection during or relating to tattooing procedures, specifically including, but not limited to, transmission of Hepatitis B and the human immunodeficiency virus (HIV); and
(d) Such other administrative provisions as may be necessary to protect public health or properly administer the requirements of this section.

(3) Representatives of the department may visit any facility or premises in which tattooing is performed at any time during business hours to ensure compliance with the requirements of this section and the rules and regulations promulgated under this section. Representatives of the department shall visit each facility or premises in which tattooing is performed not less than once each year to inspect for such compliance. The department may suspend or revoke the registration of any person found to be violating any of the rules or regulations promulgated under this section.


(4) It shall be unlawful for any person to place a tattoo upon the body of any person under the age of eighteen (18) years.


(5) Any person who places a tattoo upon the body of a human for compensation without first registering with the department or after his registration has been suspended or revoked by the department, or any person who places a tattoo upon the body of any person in violation of subsection (4) of this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).


(6) The department is authorized to bring an action for an injunction under the provisions of Sections 73-51-1 through 73-51-5 to prohibit any person who is required to be registered under this section from performing tattooing without first registering with the department or after his registration has been suspended or revoked by the department.




(7) This section shall not apply to physicians licensed to practice medicine in Mississippi in the performance of their professional duties.

Sources: Laws, 1994, ch. 342, § 1, eff from and after July 1, 1994.

PROFESSIONAL LICENSURE

Problem: Professional licensure protects the general public from unethical and unqualified practitioners. Licensure programs ensure that certain minimum standards are maintained in professional practice.

Existing Services: The Professional Licensure program licenses speech-language pathologists, audiologists, dietitians, hearing aid dealers, occupational therapists and assistants, physical therapists and assistants, respiratory care practitioners, and athletic trainers. The program certifies eye nucleators and registers audiology aides, apprentice athletic trainers, speech-language pathology aides, radiation technologists, tattoo artists, and tattoo parlors. Staff process more than 8,000 license applications each year, investigate all complaints related to the disciplines licensed, and provide public information seminars to schools and professional organizations as requested.

To inspect all tattoo facilities in the district

FY 1998 Objectives:

To continue to develop, refine, and implement policies/procedures for administering the professional licensure programs.

To continue developing programs and procedures to meet the unique needs of impaired professionals.

To refine established reporting procedures to notify the national data bank and various state and national professional organizations regarding disciplinary action taken against an individual's license.

To continue to refine procedures for receiving and investigating complaints against licensees.

To continue review of enabling statutes regarding disciplines licensed by the branch with the appropriate advisory council and in accordance with the Administrative Practices Act, and make recommendations to the Board of Health for legislative amendments to be pursued during the 1998 legislative session.

To continue to review and refine regulations governing the licensure of the various disciplines regulated by the branch and make recommendations to the Board of Health for appropriate amendments.

To continue to upgrade and refine the written guidelines and procedures for continuing education requirements in all existing professional licensure programs.

To continue to develop working relationships with national professional organizations regarding the implementation of uniform testing requirements for the licensing programs requiring such testing.

To continue developing efficient computer use to establish a quality electronic database to produce detailed reports on the licensure programs and maintain detailed files on licensees and applicants.

To enhance computer capability to include a local area network (LAN) and wide area network (WAN).

To become part of a computer communications network with other state licensing authorities and organizations involved in monitoring licensing related activities.

To continue to train all staff in proper methods of investigating complaints and making complaint reports.

To continue to train all staff in the proper use of PCs to maintain records and produce meaningful statistical reports on the licensure program.

To continue to develop more efficient methods of communicating with individuals licensed by the branch and with the public regarding the purposes of the licensing program and enforcement of regulations.

To continue establishing reciprocity agreements with other states as required.

To establish in-house printing of license certificates for all disciplines.

MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Green

Mississippi Code of 1972
TITLE 73 PROFESSIONS AND VOCATIONS
CHAPTER 61 TATTOOING AND BODY PIERCING
73-61-1. Tattooing.

(1) No person shall place a tattoo> upon the body of a human for compensation within the State of Mississippi without first registering with the State Department of Health. The facility or premises in which <tattooing> is to be performed shall be specified in the registration, and the registered person shall be authorized to perform <tattooing> only in the specified facility or premises. For the purposes of this section, "<tattooing>" means to make indelible marks or designs on or visible through the skin of a human by puncturing or pricking the skin with a needle or other instrument and inserting ink or other pigments, and "<tattoo>" means the indelible mark or design so produced. Registrations shall be valid for one (1) year, and each person registered under this section shall pay an annual registration fee to the department in an amount set by the department, but not to exceed One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all registered persons.

(2) The State Board of Health shall promulgate rules and regulations relating to:

(a) Health, cleanliness and general sanitation of the facilities or premises in which <tattooing> is performed or to be performed;
(b) Sterilization of <tattooing> apparatus and safe disposal of <tattooing> apparatus;

(c) Procedures to prevent the transmission of disease or infection during or relating to <tattooing> procedures, specifically including, but not limited to, transmission of Hepatitis B and the human immunodeficiency virus (HIV); and

(d) Such other administrative provisions as may be necessary to protect public health or properly administer the requirements of this section.

(3) Representatives of the department may visit any facility or premises in which <tattooing> is performed at any time during business hours to ensure compliance with the requirements of this section and the rules and regulations promulgated under this section. Representatives of the department shall visit each facility or premises in which <tattooing> is performed not less than once each year to inspect for such compliance. The department may suspend or revoke the registration of any person found to be violating any of the rules or regulations promulgated under this section.

(4) It shall be unlawful for any person to place a <tattoo> upon the body of any person under the age of eighteen (18) years.

(5) Any person who places a <tattoo> upon the body of a human for compensation without first registering with the department or after his registration has been suspended or revoked, by the department, or any person who places a <tattoo> upon the body of any person in violation of subsection (4) of this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

(6) The department is authorized to bring an action for an injunction under the provisions of Sections 73-51-1 through 73-51-5 to prohibit any person who is required to be registered under this section from performing <tattooing without first registering with the department or after his registration has been suspended or revoked by the department.

(7) This section shall not apply to physicians licensed to
practice medicine in Mississippi in the performance of their
professional duties.

House Bill 309

AN ACT TO DIRECT THE STATE BOARD OF HEALTH TO ADOPT REGULATIONS THAT PRESCRIBE OCCUPATIONAL SAFETY AND HEALTH STANDARDS DESIGNED TO REDUCE THE TRANSMISSION OF BLOODBORNE PATHOGENS THROUGH NEEDLES; TO REQUIRE THE STANDARDS TO PROVIDE FOR THE APPROPRIATE USE OF SHARPS INJURY PREVENTION TECHNOLOGY, INCLUDING NEEDLELESS SYSTEMS AND NEEDLES WITH ENGINEERED SHARPS INJURY PROTECTION; TO REQUIRE THE BOARD TO DETERMINE THOSE ENVIRONMENTS WHERE STANDARDS REQUIRE SHARPS INJURY PREVENTION TECHNOLOGY TO BE USED; TO PROVIDE THAT SHARPS INJURY PREVENTION TECHNOLOGY SHALL BE USED BY ALL HEALTH CARE PROVIDERS; TO PROVIDE THAT SHARPS INJURY PREVENTION TECHNOLOGY WILL NOT BE REQUIRED WHEREVER THE BOARD DEMONSTRATES THAT SUCH TECHNOLOGY IS MEDICALLY CONTRAINDICATED OR IS NOT MORE EFFECTIVE THAN ALTERNATIVE MEASURES; TO PROVIDE THAT EMPLOYERS MUST ADOPT WRITTEN EXPOSURE CONTROL PLANS, WHICH SHALL BE REVISED PERIODICALLY TO REFLECT IMPROVEMENTS IN SHARPS INJURY PREVENTION TECHNOLOGY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The State Board of Health shall adopt regulations that prescribe occupational safety and health standards designed to reduce the transmission of bloodborne pathogens through needles. The standards shall provide for the appropriate use of sharps injury prevention technology, including needleless systems and needles with engineered sharps injury protection.

(2) The board shall determine those environments where standards require sharps injury prevention technology to be used. Sharps injury prevention technology shall be used by all health care providers. However, sharps injury prevention technology shall not be required wherever the board demonstrates that such technology is medically contraindicated or is not more effective than alternative measures used by an employer to prevent exposure incidents.

(3) The standards adopted by the board shall require employers to adopt written exposure control plans. Written exposure control plans shall be revised periodically to reflect improvements in sharps injury prevention technology. Written exposure control plans shall include the type and brand of device used in an incident of exposure.

(4) The board shall compile and maintain a list of existing needleless systems and needles with engineered sharps injury protection, which shall be available to assist employers in complying with the requirements of the bloodborne pathogen standards adopted under this section. The list may be developed from existing sources of information, including, but not limited to, information from the federal Food and Drug Administration, the federal Centers for Disease Control, the National Institute for Occupational Safety and Health, and the United States Department of Veterans Affairs.

(5) For the purposes of this section, the following words shall have the following meanings:

(a) "Employer" means a person engaged in a business who has one or more employees, and includes state, county and municipal governments;

(b) "Employee" means any person performing services for another under a contract of hire, including minors, whether lawfully or unlawfully employed, persons in executive positions, and includes state, county and municipal government employees;

(c) "Person" means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives or any organized group of persons;

(d) "Standard" means an occupational safety and health standard promulgated by the State Board of Health that requires conditions or the adoption or the use of one or more practices, means, methods, operations or processes reasonably necessary or appropriate to provide safe and healthful employment and places of employment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.