Jennifer Nuttle, Health Certification Specialist
Oklahoma Department of Career and Technology Education
1500 W. Seventh Avenue
Stillwater, OK 74074
(405) 743-5418
FAX (405) 743-6885
jnutt@okcareertech.org
SUMMARY:
Until May 1,2002 medical micropigmentation may only be preformed
in a
physician's office by:
1. a licensed physician.
2. a licensed Registered nurse while supervised by a physician
and:
3. any person working under the supervision of a physician.
In all cases the level of supervision will be determined by the
licensing
board in whose office the medical micropigmentation is being preformed.
On or after May 1, 2002, medical micropigmentation may only be
preformed in
a physicians office by:
1. A physician:
2. A registered nurse who holds a current CERTIFICATE issued
by the State
Comm. of Health pursuant to the provisions of the Oklahoma Medical
Micropigmentation Regulation Act while under the supervision of
a physician.
.
3.A person who holds a current CERTIFICATE ( as stated above)
.
By November 1, 2001, the State Board of Health shall have promulgated
rules
to implement the provisions of the OMMRA These Rules shall include
rules
of practice for medical micropigmentation training requirements
and the
establishment of criteria for the certification of persons to
perform
medical micropigmentation.
On or after May1,2002 , except for a physican , any person intending
to
perform MMP in Oklahoma shall first be certified by the State
Department of
Health.
THE STATE SENATE
Tuesday, April 3, 2001
Committee Substitute for
ENGROSSED
House Bill No. 1964
COMMITTEE SUBSTITUTE FOR ENGROSSED HOUSE BILL NO. 1964 - By: LINDLEY
of the House and MORGAN of the Senate.
[ public health and safety - amending 21 O.S., Section 841.5
- medical micropigmentation - Oklahoma Medical Micropigmentation
Regulation Act - promulgation of rules - amending 21 O.S., Sections
841 and 842 - penalties for tattooing – codification –
recodification –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1450 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. The Legislature hereby finds that:
1. There is, in addition to cosmetic reasons, a growing need
for medical micropigmentation in the treatment of clinical conditions
or traumas such as cancer, surgery, or burns;
2. Medical micropigmentation is being performed in Oklahoma;
and
3. Oklahoma law does not provide sufficient regulation of medical
micropigmentation to assure the protection of the public.
Therefore, there is a need to provide legislation to enable the
State Board of Health and the State Department of Health to regulate
persons performing medical micropigmentation on the citizens of
this state.
B. Sections 1 through 9 of this act shall be known and may be
cited as the “Oklahoma Medical Micropigmentation Regulation
Act”.
SECTION 2 . AMENDATORY Section 1, Chapter 142, O.S.L. 2000, as
amended by Section 1, Chapter 330, O.S.L. 2000 (21 O.S. Supp.
2000, Section 841.5) is amended to read as follows:
Section 841.5 A. Medical Micropigmentation is defined as a medical
procedure in which any color or pigment is applied with a needle
or electronic means to produce machine:
1. To produce a permanent mark visible through the skin, (1)
above;
2. Above the jawline and anterior to the ear and frontal hairline
including but not limited to application of eyeliner, eye shadow,
lips, eyebrows, cheeks, and scars, or (2) to; and/or
3. For repigmentation of areas involving reconstructive surgery,
or trauma, or repigmentation of the areola; provided, however,
medical.
B. Medical micropigmentation shall not include placing on the
body any pictures, images, numbers, signs, letters of the alphabet,
or designs. In certain cases this medical procedure may require
the administration of sedating agents by individuals licensed
by the Oklahoma Board of Nursing, the State Board of Medical Licensure
and Supervision, the State Board of Osteopathic Examiners, or
the Board of Dentistry.
C. Medical micropigmentation is shall not be construed to be
included in the definition of tattooing as provided in Section
841 of Title 21 of the Oklahoma Statutes.
B. D. Medical micropigmentation is restricted to application
in a physician's office or a dentist's office by:
1. A registered nurse licensed person licensed to practice registered
nursing by the Oklahoma Board of Nursing who is certified in a
medical micropigmentation program approved by the State Board
of Vocational and Technical Education or who completes the program
and receives the certificate within twelve (12) months of the
inception of the program, holds a current certificate issued by
the State Commissioner of Health pursuant to the provisions of
the Oklahoma Medical Micropigmentation Regulation Act while under
the supervision of a Medical Doctor (MD) physician licensed by
the Oklahoma State Board of Medical Licensure and Supervision
or a Doctor of Osteopathy (DO) licensed by the State Board of
Osteopathic Examiners or a dentist (DDS) licensed by the Board
of Dentistry regularly and routinely on-site where medical micropigmentation
is being performed;
2. A licensed or unlicenced technician trained and certified
in an approved program by the State Board of Vocational and Technical
Education or who completes the program and receives the certificate
within twelve (12) months of the inception of the program and
person who holds a current certificate issued by the State Commissioner
of Health pursuant to the provisions of the Oklahoma Medical Micropigmentation
Regulation Act while under the direct supervision of a Medical
Doctor (MD) physician licensed by the State Board of Medical Licensure
and Supervision or a Doctor of Osteopathy (DO) licensed by the
State Board of Osteopathic Examiners or a dentist (DDS) licensed
by the Board of Dentistry. regularly and routinely on-site while
medical micropigmentation is being performed; and
3. A Medical Doctor (MD) physician licensed by the State Board
of Medical Licensure and Supervision, a Doctor of Osteopathy (DO)
licensed or by the State Board of Osteopathic Examiners or a Dentist
(DDS) licensed by the Oklahoma Board of Dentistry.
C. Any person convicted of violating the provisions of this section
shall be guilty of a misdemeanor punishable by imprisonment in
the county jail not to exceed ninety (90) days, a fine of not
more than one Thousand Dollars ($1,000.00), or by both such fine
and imprisonment. Nothing in this section shall prevent any of
the respective licensing boards specified in this section from
taking disciplinary action against a licensee based on a violation
of this law.
SECTION 3 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1452 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. It shall be unlawful for any person to practice medical micropigmentation
or to represent himself or herself as a person authorized to practice
medical micropigmentation:
1. Without having first complied with the provisions of the Oklahoma
Medical Micropigmentation Regulation Act; or
2. Unless otherwise authorized to practice medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation
Act.
B. The State Department of Health shall be responsible for the
implementation and enforcement of the provisions of the Oklahoma
Medical Micropigmentation Regulation Act regarding medical micropigmentation
in the same manner as the Department fulfills its regulatory duties
in other areas of responsibility regarding public health including
but not limited to:
1. Taking such steps for the enforcement of the Oklahoma Medical
Micropigmentation Regulation Act as the Department deems necessary
including but not limited to seeking injunctive relief against:
a. any person certified to perform medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation
Act and who is alleged to be in violation of the Oklahoma Medical
Micropigmentation Regulation Act or rule or order issued pursuant
thereto, and
b. any person who does not hold a certificate or is not authorized
to practice medical micropigmentation pursuant to the Oklahoma
Medical Micropigmentation Regulation Act and is practicing or
holding himself or herself as authorized to practice medical micropigmentation;
2. Investigating or causing to have investigated and taking appropriate
actions, if needed, on complaints received or on the Department’s
own initiative against persons accused of violating the provisions
of the Oklahoma Medical Micropigmentation Regulation Act; and
3. Contracting with state agencies or private entities to obtain
services necessary to implement the provisions of the Oklahoma
Medical Micropigmentation Regulation Act at a rate set by the
State Board of Health.
C. The State Board of Health shall promulgate rules to implement
the provisions of the Oklahoma Medical Micropigmentation Regulation
Act. The rules shall include, but not be limited to, training
requirements and the establishment of criteria for the certification
of persons authorized to perform medical micropigmentation.
SECTION 4 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1453 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. Except for a physician licensed by the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners,
or a dentist licensed by the Board of Dentistry, any person seeking
authority to perform medical micropigmentation in this state shall
first be certified by the State Department of Health.
B. The State Commissioner of Health shall not issue a certificate
to perform medical micropigmentation to a person who has:
1. Been convicted of or pled guilty or nolo contendere to a felony
or a misdemeanor involving moral turpitude in any federal, state,
territory, or District of Columbia court;
2. Been determined to have engaged in unprofessional conduct
as defined by the rules promulgated by the State Board of Health;
3. Made a materially false or fraudulent statement in an application
or other document relating to certification pursuant to the provisions
of the Oklahoma Medical Micropigmentation Regulation Act; or
4. Had a health-related license, certificate, or permit suspended,
revoked or not renewed or had any other disciplinary action taken,
or had an application for a health-related license, certificate,
or permit refused by a federal, state, territory, or District
of Columbia regulatory authority for intentionally falsifying
information.
C. In order to qualify for certification an applicant shall:
1. Have received a high school diploma or its equivalent;
2. Be at least twenty-one (21) years of age; and
3. Submit a completed application to the Department in such form
as required by the Department which shall include a notarized
copy of:
a. the certificate of birth of the applicant,
b. the applicant’s driver license or other similar form
of identification,
c. other professional credentials, if applicable, and
d. proof, in such form as the Department determines appropriate,
of the satisfactory completion of a program of training and testing
approved by the Department as specified in Section 5 of this act.
D. Upon meeting the requirements of the Oklahoma Medical Micropigmentation
Regulation Act and rules promulgated pursuant thereto, the State
Commissioner of Health shall issue a certificate to perform medical
micropigmentation to the applicant.
SECTION 5 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1454 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. The State Board of Health, in cooperation with the Medical
Micropigmentation Advisory Committee and the Oklahoma Department
of Career and Technology Education, shall adopt a curriculum of
required courses and establish by rule the types of courses to
be offered. The complete program of instruction approved by the
State Board of Health in theory and clinical training shall consist
of at least four hundred fifty (450) hours and not more than two
thousand (2,000) hours.
B. 1. In order to provide the State Department of Health confirmation
of each applicant’s competency, written theory and clinical
tests shall be administered by the Oklahoma Department of Career
and Technology Education.
2. Applicants otherwise qualified to practice medical micropigmentation
as determined by the State Department of Health pursuant to this
act may be certified to perform medical micropigmentation without
completing the program of instruction specified by this section
if the applicant obtains a passing score for both the written
theory and clinical tests. The State Board of Health shall promulgate
rules to implement the provisions of this paragraph.
3. The State Board of Health shall set, by rule, a minimum passing
score for both written theory and clinical tests.
C. The provisions of this section shall not be construed to authorize
training for the giving of any type of local injections including
intraoral injections.
1. The only individuals authorized to administer local injections,
intraoral injections, or sedating agents are those individuals
who are licensed by the Oklahoma Board of Nursing, the State Board
of Medical Licensure and Supervision, the State Board of Osteopathic
Examiners, or the Board of Dentistry.
2. Individuals who are licensed by the Oklahoma Board of Nursing
may become qualified to give intraoral injections upon completion
of a course of study on the administration of local anesthesia
offered by the Oklahoma College of Dentistry.
D. Within one hundred fifty (150) days after the effective date
of this act, the Oklahoma Department of Career and Technology
Education shall provide training and testing programs required
by this section for anyone qualified to apply for a certificate
pursuant to the provisions of Section 4 of this act. The training
and testing programs shall meet the standards established pursuant
to the provisions of this section.
E. After the initial training program offered pursuant to subsection
D of this section, the Oklahoma Department of Career and Technology
Education shall provide a complete curriculum for the training
and testing of applicants for certification as deemed needed by
the Oklahoma Department of Career and Technology Education.
SECTION 6 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1455 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. Not more than thirty (30) days after the effective date of
this act, the State Commissioner of Health shall establish the
Medical Micropigmentation Advisory Committee to assist in the
establishment of criteria for certification, training and testing;
promulgation of rules necessary to regulate the performance of
medical micropigmentation; and the periodic evaluation of the
application and enforcement of the laws and rules regulating medical
micropigmentation.
B. The Medical Micropigmentation Advisory Committee shall perform
such other duties within its scope of authority as the State Board
of Health determines necessary to implement the provisions of
the Oklahoma Medical Micropigmentation Regulation Act.
C. The Medical Micropigmentation Advisory Committee shall be
appointed by the State Commissioner of Health and shall consist
of seven (7) members as follows:
1. Three persons, one who is a physician licensed by the State
Board of Medical Licensure and Supervision, one who is a physician
licensed by the State Board of Osteopathic Examiners, and one
who is a dentist licensed by the Board of Dentistry;
2. Three persons, each of whom hold current certificates issued
by the State Board of Health pursuant to the provisions of the
Oklahoma Medical Micropigmentation Regulation Act. Provided, for
the initial appointments of these three members, a temporary certificate
shall be acceptable for qualification to serve. After the time
allowed for temporary certificates expires, as provided in Section
9 of this act, no person shall be allowed to serve on the advisory
committee whose temporary certificate has expired and who does
not hold a current certificate issued pursuant to the Oklahoma
Medical Micropigmentation Regulation Act; and
3. One person who is a member of the public and not licensed
to practice by the Oklahoma Board of Nursing, the State Board
of Medical Licensure and Supervision, the State Board of Osteopathic
Examiners, or the Board of Dentistry.
D. Each member shall serve at the pleasure of the State Commissioner
of Health.
E. Members of the Medical Micropigmentation Advisory Committee
shall serve without compensation, but shall be reimbursed for
necessary expenses incurred in the performance of their duties
pursuant to the provisions of the State Travel Reimbursement Act.
F. The Medical Micropigmentation Advisory Committee shall organize
and meet at such time and place as it deems necessary to perform
its duties. The State Department of Health shall provide meeting
space and staffing as necessary to assist the advisory committee
in implementing its duties pursuant to the Oklahoma Medical Micropigmentation
Regulation Act.
SECTION 7 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1456 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. Certificates to perform medical micropigmentation shall be
valid for one (1) year from the date of issuance.
B. Until July 1, 2002, fees for certification to perform medical
micropigmentation as promulgated by the State Board of Health
shall not exceed:
Application for Certification $1,000.00
Annual Renewal of Certification $ 500.00
Reinstatement of Certification $ 750.00
Replacement of Certificate $ 250.00
C. On or before March 1, 2002, the State Board of Health shall
make recommendations to the Legislature as to the proper and necessary
fees for the regulation of the performance of medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation
Act.
D. All fees collected pursuant to the provisions of this section
shall be deposited in the Public Health Special Fund and shall
be used in implementing the provisions of the Oklahoma Medical
Micropigmentation Regulation Act. Excess funds shall be available
to the State Department of Health for expenditures pursuant to
Section 1-107 of Title 63 of the Oklahoma Statutes.
E. Every person holding a current certificate to perform medical
micropigmentation shall display the certificate in a conspicuous
place in the area where medical micropigmentation is being performed.
SECTION 8 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1457 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. If a person, after proper notice and hearing as provided in
the Administrative Procedures Act, is found to have violated one
or more provisions of the Oklahoma Medical Micropigmentation Regulation
Act, the State Department of Health may impose one or more of
the following penalties:
1. Suspend or revoke a certificate;
2. Seek injunctive relief;
3. Reprimand the certificate holder;
4. Place a certificate holder on probation for a specified period
of time;
5. Deny renewal of a certificate;
6. Require a special quality review of the certificate holder,
subject to such procedures as the Department deems appropriate;
7. Require the person or entity to pay all costs incurred by
the Department as a result of hearings conducted regarding actions
of the subject of the hearing including, but not limited to, investigation
costs, hearing officer costs, renting of special facilities costs,
and court reporter costs; or
8. In addition to any criminal penalty imposed pursuant to the
Oklahoma Medical Micropigmentation Regulation Act, assess an administrative
penalty not to exceed Ten Thousand Dollars ($10,000.00).
B. In addition to the penalties provided for in subsection A
of this section, the Department may request the district attorney
to bring an action in the district court for the prosecution of
any person for a violation of any provision of the Oklahoma Medical
Micropigmentation Regulation Act, or order issued or rules promulgated
pursuant thereto.
C. Upon application in writing and upon good cause, the Department
may reinstate a certificate which has been revoked or suspended
or may modify the certificate when reinstated. A person whose
certificate has been revoked or suspended may not reapply for
reinstatement during the time period set by the Department which
shall not exceed five (5) years.
D. 1. Administrative penalties assessed by the provisions of
the Oklahoma Medical Micropigmentation Regulation Act shall be
imposed and enforced pursuant to the Administrative Procedures
Act and may be enforced in district court as authorized by the
Administrative Procedures Act.
2. All monies, excluding costs, collected from administrative
penalties authorized in this section, shall be deposited pursuant
to Section 1-1701.1B of Title 63 of the Oklahoma Statutes.
E. Any person convicted of violating the provisions of the Oklahoma
Medical Micropigmentation Regulation Act or orders issued or rules
promulgated pursuant thereto shall be guilty of a misdemeanor
punishable by imprisonment in the county jail not to exceed ninety
(90) days, a fine of not more than One Thousand Dollars ($1,000.00),
or by both such fine and imprisonment. Each day upon which such
violation occurs shall constitute a separate violation.
F. The provisions of this section shall apply to:
1. Any person certified to perform medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation
Act and who is alleged to be in violation of the Oklahoma Medical
Micropigmentation Regulation Act or rule or order issued pursuant
thereto; and
2. Any person who does not hold a certificate or is not authorized
to practice medical micropigmentation pursuant to the Oklahoma
Medical Micropigmentation Regulation Act and is practicing or
holding himself or herself as authorized to practice medical micropigmentation.
SECTION 9 . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-1458 of Title 63, unless there
is created a duplication in numbering, to read as follows:
A. Not more than thirty (30) days after the effective date of
this act, the State Board of Health shall promulgate emergency
rules to provide procedures by which persons seeking authority
to perform medical micropigmentation may receive a temporary certificate.
B. A temporary certificate shall authorize the holder to perform
medical micropigmentation in accordance with the provisions of
the Oklahoma Medical Micropigmentation Regulation Act.
C. Temporary certificates shall only be issued until September
1, 2001.
D. In order to qualify to receive a temporary certificate to
perform medical micropigmentation a person shall:
1. Submit in such form as the State Department of Health shall
require, a completed application which shall include a notarized
copy of:
a. the certificate of birth of the applicant,
b. the applicant’s driver license or other similar form
of identification,
c. other professional credentials, if applicable, and
d. a statement from the physician licensed by the State Board
of Medical Licensure and Supervision, the State Board of Osteopathic
Examiners, or a dentist licensed by the Board of Dentistry under
whose supervision the applicant will be performing medical micropigmentation;
2. Be at least twenty-one (21) years of age;
3. Pay a temporary certificate fee in the amount of One Thousand
Dollars ($1,000.00); and
4. Comply with the emergency rules promulgated pursuant to the
provisions of this section.
E. A person who has been issued a temporary certificate pursuant
to this section and who wishes to continue to practice medical
micropigmentation shall, prior to the termination of the temporary
permit, show competency in a written theory test and a clinical
test provided by the Oklahoma Department of Career and Technology
Education pursuant to Section 5 of this act.
F. A temporary certificate issued pursuant to the provisions
of this section shall be for a period not to exceed twelve (12)
months from the effective date of this act. Such temporary certificate
shall not be extended or renewed for any reason.
SECTION 10 . AMENDATORY 21 O.S. 1991, Section 841, is amended
to read as follows:
Section 841. It shall be unlawful for any person to tattoo or
offer to tattoo any person. As used herein in this section, to
"tattoo" means to insert pigment under the surface of
the skin of a human being, by pricking with a needle or otherwise,
so as to produce a permanent indelible mark or figure visible
on the skin. Medical micropigmentation, performed pursuant to
the provisions of the Oklahoma Medical Micropigmentation Regulation
Act, shall not be construed to be tattooing.
Provided, however, that the provisions hereof shall not apply
to any act of a licensed practitioner of the healing arts performed
in the course of his practice.
SECTION 11 . AMENDATORY 21 O.S. 1991, Section 842, is amended
to read as follows:
Section 842. Any person violating the provisions of 21 O.S. 1961
§ Section 841, of this title shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by imprisonment
in the county jail not to exceed ninety (90) days or payment of
a fine of not more than Five Hundred Dollars ($500.00) or by both
such fine and imprisonment.
SECTION 12 . RECODIFICATION Section 1, Chapter 142, O.S.L. 2000
(21 O.S. Supp. 2000, Section 841.5), as last amended by Section
2 of this act, shall be recodified as Section 1-1451 of Title
63 of the Oklahoma Statutes, unless there is created a duplication
in numbering.
SECTION 13 . It being immediately necessary for the preservation
of the public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect
and be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS & LABOR, dated
3-26-01 - DO PASS, As Amended.
STATE OF OKLAHOMA
2nd Session of the 47th Legislature (2000)
SENATE BILL 1537 By:
ENGROSSED SENATE
[ crimes and punishments - prohibition of tattooing – emergency
]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . AMENDATORY 21 O.S. 1991, Section 841, is amended to
read as follows:
Section 841. It shall be unlawful for any person to tattoo or
offer to tattoo any person. As used herein to "tattoo"
means to insert pigment under the surface of the skin of a human
being, by pricking with a needle or otherwise, so as to produce
a permanent indelible mark or figure visible on the skin. Provided,
however, that the The provisions hereof of this section shall
not apply, however, to any act of a licensed practitioner of the
healing arts performed in the course of his practice or to any
person performing intradermal pigmentation in the course of practice
under the direct supervision of a licensed practitioner of the
healing arts.
SECTION . It being immediately necessary for the preservation
of the public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect
and be in full force from and after its passage and approval.
Passed the Senate the 6th day of March, 2000.
President of the Senate
Passed the House of Representatives the ____ day of __________,
2000.
Speaker of the House of
Representatives
AS INTRODUCED
An Act relating to crimes and punishments; amending 21 O.S. 1991,
Section 841, which relates to prohibition of tattooing; making
exception for practice of intradermal pigmentation under direct
supervision of a licensed practitioner of the healing arts; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . AMENDATORY 21 O.S. 1991, Section 841, is amended to
read as follows:
Section 841. It shall be unlawful for any person to tattoo or
offer to tattoo any person. As used herein to "tattoo"
means to insert pigment under the surface of the skin of a human
being, by pricking with a needle or otherwise, so as to produce
a permanent indelible mark or figure visible on the skin. Provided,
however, that the The provisions hereof of this section shall
not apply, however, to any act of a licensed practitioner of the
healing arts performed in the course of his practice or to any
person performing intradermal pigmentation in the course of practice
under the direct supervision of a licensed practitioner of the
healing arts.
SECTION . It being immediately necessary for the preservation
of the public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect
and be in full force from and after its passage and approval.
47-2-2704 WHT 6/7/2000 4:52:18 PM
STATE OF OKLAHOMA
STATE OF OKLAHOMA
1st Session of the 47th Legislature (1999)
Senate Bill NO 44
By Long
AS INTRODUCED
An Act relating to professions and occupations; providing short
title; defining terms; prohibiting certain activities unless person
holds tattoo studio license or temporary location license; requiring
license be displayed; permitting tattooing under certain conditions;
providing exemptions from act; requiring license application and
fee be submitted to State Department of Health; requiring Department
make certain inspection and determination prior to issuing license;
restricting location of tattoo studios; making licenses valid
for certain periods and providing for annual renewal of studio
license under certain conditions; authorizing State Board of Health
to set certain fees pursuant to certain authority and providing
for deposit of fees; requiring certain notification prior to change
of location of tattoo studio and verification of certain information;
requiring and stating precautions to be taken to prevent spread
of infection; requiring sterilization and cleanliness of tools
and stating methods of sterilization; authorizing Board by rule
to establish sanitation requirements for tattoo studios and temporary
locations; requiring certain persons to report infection resulting
from tattooing; prohibiting tattooing under certain circumstances
and requiring certain written consent; requiring tattooist maintain
certain record to be inspected upon request by Department; requiring
Department to inspect tattoo studios; requiring certain persons
to allow inspection of tattoo studio or temporary location at
any time during operation; requiring Department inform certain
persons of violations and give reasonable period for corrective
actions; providing for promulgation of rules and enforcement of
act and promulgated rules; requiring compliance with act and promulgated
rules; stating conditions under which State Commissioner of Health
may refuse to issue or renew or may suspend or revoke licenses;
providing for penalties; repealing 21 O.S. 1991, Sections 841
and 842, which relate to prohibition against and penalty for tattooing;
providing for codification; and providing for effective dates.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.1 of Title 63, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Tattoo
Studio Licensing Act".
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.2 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Tattooing" means the practice of producing an indelible
mark or figure on the human body by scarring or inserting a pigment
under the skin using needles, scalpels, or other related equipment;
5. "Tattooist" means a person who performs tattooing;
6. "Tattoo studio" means an establishment or facility
in which tattooing is performed; and
7. "Temporary location" means a fixed location at which
an individual operator performs tattooing for a specified period
of not more than seven (7) days in conjunction with a single event
or celebration, where the primary function of the event or celebration
is tattooing.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.3 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Beginning January 1, 2000:
1. A person may not conduct, operate or maintain a tattoo studio
unless the person holds a license issued by the State Commissioner
of Health to operate the studio;
2. A person may not practice tattooing at a temporary location
unless the person holds a temporary location license issued by
the Commissioner;
3. The license must be displayed in a prominent place in the
tattoo studio or temporary location; and
4. Tattooing is permitted only at a location that is in compliance
with this act and rules promulgated pursuant thereto.
B. This act does not apply to:
1. A medical facility licensed under other law; or
2. An office or clinic of a medical doctor or osteopathic physician
who is licensed under the provisions of Section 480 et seq. or
Section 620 et seq. of Title 59 of the Oklahoma Statutes.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.4 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Beginning January 1, 2000, in order to receive a tattoo studio
license or temporary location license, a person must submit a
signed, verified license application to the State Department of
Health on a form prescribed by the Department and must submit
an application fee as set by the State Board of Health.
B. On receipt of a tattoo studio license application, the Department
shall inspect the proposed tattoo studio to determine compliance
with this act and rules promulgated pursuant thereto. In addition,
the Department shall request confirmation from the appropriate
building and zoning officials in the municipality or county in
which the studio is proposed to be located to determine compliance
with existing building and zoning codes applicable to the studio.
The Department may issue a license for a tattoo studio after determining
that the studio is in compliance with applicable statutes, rules,
and building and zoning codes.
C. On receipt of a temporary location license application, the
Department shall request confirmation from the appropriate building
and zoning officials in the municipality or county in which the
temporary location is proposed to be located to determine compliance
with applicable existing building and zoning codes. The Department
may issue a license for a temporary location after determining
that the temporary location is in compliance with applicable building
and zoning codes.
D. A tattoo studio may only be located in a permanent, nondwelling
building.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.5 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A tattoo studio license is valid for one (1) year from the
date of issuance. A temporary tattooing location license is valid
for a specified period not to exceed seven (7) days.
B. Except as provided in Section 13 of this act, a tattoo studio
license may be renewed annually on payment of the required renewal
fee.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.6 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Pursuant to the provisions of Section 1-106.1 of Title 63 of
the Oklahoma Statutes, the State Board of Health shall set application
fees, license fees, and license renewal fees in amounts necessary
to administer this act which shall be deposited in the Public
Health Special Fund.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.7 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A person holding a tattoo studio license under this act who
intends to change the location of the tattoo studio shall notify
the State Department of Health in writing of that intent not less
than thirty (30) days before the change is to occur. The notice
shall include the street address of the new location and the name
and residence address of the individual in charge of the business
at the new location.
B. Not later than ten (10) days after the change of location
is complete, a person holding a license under this act shall notify
the Department in writing and shall verify the information submitted
under subsection A of this section.
C. Notice under this section must be sent to the Department's
Oklahoma City office by certified mail, return receipt requested.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.8 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A person who owns, operates, or maintains a tattoo studio
and each tattooist who works in the studio or at a temporary location
shall take precautions to prevent the spread of infection, including,
but not limited to:
1. Using germicidal soap to clean the hands of the tattooist
and the skin area of the client to be tattooed;
2. Wearing clean apparel and rubber gloves;
3. Using sterile tools and equipment; and
4. Keeping the tattoo studio or temporary location in a sanitary
condition.
B. 1. A tattooist shall use tools and equipment for tattooing
that have been properly sterilized and kept in a sterile condition.
2. A tattooist shall sterilize tools and equipment used on one
client before using them on another client.
3. Tools and equipment shall be sterilized by:
a. dry heating in an oven at three hundred twenty (320) degrees
Fahrenheit for at least one (1) hour; or
b. steam pressure treatment in an autoclave.
4. All needles and instruments shall be kept in a clean, dust-tight
container when not in use.
C. The State Board of Health by rule shall establish sanitation
requirements for tattoo studios and temporary locations and other
necessary requirements relating to the building or part of the
building in which is located a tattoo studio or temporary location.
D. A person who owns, operates, or maintains a tattoo studio
or practices at a temporary location shall report to the State
Department of Health any infection resulting from tattooing as
soon as it becomes known.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.9 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A tattooist may not tattoo:
1. A person younger than eighteen (18) years of age without written
and notarized consent from his or her parent or guardian who determines
it to be in the best interest to cover a tattoo which contains:
a. obscene or offensive language or symbols,
b. gang-related names, symbols, or markings,
c. drug-related names, symbols, or pictures, or
d. some other type of words, symbols, or markings that the court
considers would be in the best interest of the minor to cover;
or
2. A person whom the tattooist suspects is under the influence
of alcohol or drugs.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.10 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A tattooist shall maintain a permanent record of each person
tattooed by the tattooist for a period established by rule of
the State Board of Health.
B. The record shall be available for inspection on the request
of the State Department of Health.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.11 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health shall inspect a tattoo studio
to determine if the studio complies with the provisions of this
act and the rules promulgated pursuant thereto.
B. A person who owns, operates, or maintains a tattoo studio
or practices tattooing at a temporary location shall allow inspection
of the studio or temporary location by the Department at any time
the studio or temporary location is in operation.
C. The Department shall inform the person who owns, operates,
or maintains a tattoo studio or practices tattooing at a temporary
location of any violation discovered by the Department under this
section and shall give the person a reasonable period in which
to take necessary corrective action.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.12 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Board of Health shall promulgate rules to implement
the provisions of this act.
B. The State Department of Health shall enforce the provisions
of this act and the rules promulgated pursuant thereto.
C. Beginning January 1, 2000, a person who owns, operates, or
maintains a tattoo studio or practices tattooing at a temporary
location shall comply with the provisions of this act and the
rules promulgated pursuant thereto.
SECTION . NEW LAW A new section of law to be codified in the
Oklahoma Statutes as Section 1-560.13 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Pursuant to the provisions of Section 1-106 of Title 63 of
the Oklahoma Statutes, the State Commissioner of Health may refuse
to issue or renew a license or suspend or revoke a license issued
under this act if an applicant or license holder does not comply
with the provisions of this act, any rule promulgated pursuant
thereto, or order issued under this act.
B. Beginning January 1, 2000, any person who willfully violates
any provision of this act, or rule promulgated or order issued
pursuant thereto, shall be subject to the penalties set forth
in Sections 1-1701, 1-1701.1A, and 1-1702 of Title 63 of the Oklahoma
Statutes.
SECTION . REPEALER 21 O.S. 1991, Sections 841 and 842, are hereby
repealed.
SECTION . Sections 1 through 13 of this act shall become effective
November 1, 1999.
SECTION . Section 14 of this act shall become effective January
1, 2000.
47-1-851 WHT 1/15/2000 11:11:55 AM
