Pennsylvania Statutes
TITLE 18 CRIMES AND OFFENSES (P. S.)
CHAPTER 2 THE PENAL CODE OF 1939
ARTICLE VII. OFFENSES AGAINST THE PERSON
18 P. S. §§ 4729. Tattooing minors
Whoever tattoos any person under the age of eighteen (18) years
without the consent of the living parents, or of the legal guardian
thereof, if such minor is under the care of a guardian, is guilty
of a misdemeanor, and shall, upon conviction thereof, be sentenced
to pay a fine of not, more than one hundred dollars ($100), or
to undergo imprisonment of not more than three (3) months, or
both.
1939, June 24, P.L. 872, §§ 729. As amended 1972, June
16, P.L. 421, No. 122, §§ 3.
Pennsylvania Statutes
TITLE 18 CRIMES AND OFFENSES (Pa.C.S.A.)
PART II DEFINITION OF SPECIFIC OFFENSES
CHAPTER 63 MINORS
18 Pa.C.S.A. §§ 6311. Tattooing
A person is guilty of a misdemeanor of the third degree if he
tattoos any person under the age of 18 years without the consent
of the parent or guardian of such person.
1972, Dec. 6, P.L. 1482, No. 334, §§ 1, effective June
6, 1973.
SENATE BILL 710 P.N. 813 PRINTER'S NO. 813 THE GENERAL ASSEMBLY
OF PENNSYLVANIA SENATE BILL
No. 710 Session of 2001
INTRODUCED BY PUNT, MARCH 27, 2001 REFERRED TO JUDICIARY, MARCH
27, 2001 AN ACT 1 Amending Title 18 (Crimes and Offenses) of the
Pennsylvania 2 Consolidated Statutes, further providing for <<
tattooing>> . 3 The General Assembly of the Commonwealth
of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Section
6311 of Title 18 of the Pennsylvania 6 Consolidated Statutes is
amended to read: 7 § 6311. << Tattooing>> . 8
A person is guilty of a misdemeanor of the third degree if he
9 tattoos any person under the age of 18 years [without the 10
consent of the parent or guardian of such person]. The consent
11 of the minor's parent, parents or legal guardian shall not
be a 12 defense to the crime. 13 Section 2. This act shall take
effect in 60 days. C16L18JLW/20010S0710B0813
HOUSE BILL 1148 P.N. 1329 PRINTER'S NO. 1329 THE GENERAL ASSEMBLY
OF PENNSYLVANIA HOUSE BILL
No. 1148 Session of 2001
INTRODUCED BY DeLUCA, KREBS, BEBKO-JONES, BUNT, BUXTON, CALTAGIRONE,
CAPPELLI, L. I. COHEN, COLAFELLA, COLEMAN, CORRIGAN, COSTA, FRANKEL,
HARHAI, HENNESSEY, HORSEY, JAMES, JOSEPHS, KAISER, KELLER, LEDERER,
MANDERINO, MELIO, MYERS, PISTELLA, SCHRODER, SCRIMENTI, SOLOBAY,
STABACK, SURRA, E. Z. TAYLOR, THOMAS, TIGUE, WALKO, WANSACZ, WASHINGTON,
WATERS, C. WILLIAMS, J. WILLIAMS, WILT AND WOJNAROSKI, MARCH 22,
2001 REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH
22, 2001 AN ACT 1 Regulating tattoo, body-piercing and corrective
cosmetic 2 artists; providing for powers and duties of the Department
of 3 Health; and imposing penalties. 4 The General Assembly of
the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6
Section 1. Short title. 7 This act shall be known and may be cited
as the Tattoo, Body 8 Piercing and Corrective Cosmetic Artists
Act. 9 Section 2. Legislative intent. 10 It is the intent of the
General Assembly to direct the 11 Department of Health to establish
health standards for the 12 practice of << tattooing>>
, body piercing and corrective cosmetics 13 within this Commonwealth.
This will be achieved through the 14 imposition of regulations
and the registration of all tattoo 15 artists, body-piercing artists
and corrective cosmetic artists 1 with the Department of Health.
2 Section 3. Definitions. 3 The following words and phrases when
used in this act shall 4 have the meanings given to them in this
section unless the 5 context clearly indicates otherwise: 6 "Body
piercing." The process of breaching the skin or mucous 7
membrane for the purpose of insertion of any object, including,
8 but not limited to, jewelry for cosmetic purposes. The term
does 9 not include ear piercing or nail piercing. 10 "Body
piercing artist." Any person who actually performs 11 body
piercing or who operates, conducts or manages any body- 12 piercing
establishment. 13 "Corrective cosmetic artist." Any
person who actually 14 performs corrective cosmetics. 15 "Corrective
cosmetics." The application of tattoos on a live 16 human
being for medical situations that otherwise could not be 17 corrected
or improved, including, but not limited to, burn 18 scars, acne
scars, age spots and skin discoloration due to loss 19 of pigmentation.
20 "Department." The Department of Health of the Commonwealth.
21 "Facial tattoo." A tattoo applied above the neck,
including, 22 but not limited to, eyelids, eyebrows or lips. 23
"Infectious disease." A disease of humans or animals
24 resulting from a transmissible infection, whether or not patent,
25 apparent, inapparent, latent, clinical or subclinical. 26 "Registry."
The Tattoo, Body-Piercing and Corrective 27 Cosmetic Artists Central
Registry. 28 "Sanitization." The reduction of the population
of 29 microorganisms to safe levels as determined by public health
30 officials. 20010H1148B1329 - 2 - 1 "Sterilization."
The process of destruction of all forms of 2 life by physical
or chemical means. 3 "Tattoo." The indelible mark, figure
or decorative design 4 introduced by insertion of nontoxic dyes
or pigments into or 5 under the subcutaneous portion of the skin
or by the production 6 of scars upon the body of a live human
being. 7 "Tattoo artist." Any person who actually performs
<< tattooing>> 8 or who operates, conducts or manages
any tattoo establishment. 9 "<< Tattooing>> ."
the process by which the skin is marked or 10 colored by insertion
of nontoxic dyes or pigments into or under 11 the subcutaneous
portion of the skin so as to form indelible 12 marks for cosmetic
or figurative purposes. 13 "Temporary establishment."
An establishment which performs 14 << tattooing>>
, body-piercing, or both, is operated by an individual 15 registered
under this act and which operates outside of a 16 registered facility
at a fixed location for a period of time of 17 not more than seven
consecutive days in conjunction with a 18 single event or celebration.
19 Section 4. Registry. 20 The department shall, by regulation,
establish the Tattoo, 21 Body-Piercing and Corrective Cosmetic
Artists Central Registry. 22 All persons who perform <<
tattooing>> , body-piercing or corrective 23 cosmetic services
within this Commonwealth shall meet the 24 requirements of this
act and shall register with the department 25 on forms provided
by the department. 26 Section 5. Powers and duties of department.
27 (a) General rule.--The department, in the exercise of its 28
duties under this act, shall have the power to adopt such 29 regulations
as are reasonably necessary to carry out the 30 purposes of this
act. Regulations shall be adopted in conformity 20010H1148B1329
- 3 - 1 with the provisions of the act of June 25, 1982 (P.L.633,
2 No.181), known as the Regulatory Review Act, and shall include,
3 but not be limited to: 4 (1) Tattoo, body-piercing and corrective
cosmetic 5 establishment registration and facility registration
6 requirements, including, but not limited to: 7 (i) Physical
location. 8 (ii) Specifications of walls, ceilings, floors, 9
partitions, fixtures, equipment and other appurtenances. 10 (iii)
Lighting. 11 (iv) Ventilation. 12 (v) Water supply. 13 (vi) Liquid
waste disposal. 14 (vii) Refuse storage and disposal. 15 (viii)
Toilets and lavatories. 16 (ix) Sinks. 17 (x) Insect and rodent
control. 18 (2) Temporary establishment registration requirements.
19 (3) Tattoo artist and body-piercing artist registration 20
requirements. 21 (4) Apprentice tattoo artist and body-piercing
artist 22 registration requirements. 23 (5) Development and maintenance
of and registration in 24 the Tattoo, Body-Piercing and Corrective
Cosmetic Artists 25 Central Registry. 26 (6) Tattoo artist and
body-piercing artist hygiene. 27 (7) Health, sanitization, sterilization
and safety 28 standards for tattoo, body-piercing or corrective
cosmetic 29 establishments and temporary establishments. 30 (8)
Tattoo and body-piercing establishment and temporary 20010H1148B1329
- 4 - 1 establishment recordkeeping. 2 (9) Qualifications for
the registration of corrective 3 cosmetic artists. 4 (b) Examination.--The
department shall require the 5 successful completion of a written
examination regarding health, 6 sanitization, sterilization and
safety standards prior to 7 issuing a registration to any tattoo
artist, body-piercing 8 artist or corrective cosmetic artist.
9 (c) Registration.--The department shall register: 10 (1) Any
applicant who successfully passes the 11 examination and meets
the requirements for registration in 12 accordance with the regulations
promulgated under this act. 13 (2) Any tattoo or body-piercing
establishment or 14 temporary establishment which has been inspected
and meets 15 facility requirements in accordance with the regulations
16 where << tattooing>> , body-piercing or corrective
cosmetic 17 services will be performed. 18 (d) Inspection.--The
department shall inspect every 19 establishment at which <<
tattooing>> , body-piercing or corrective 20 cosmetics are
performed prior to issuing a facility 21 registration. The department
may also conduct inspections of 22 registered facilities and temporary
establishments as the 23 department deems necessary to carry out
this act. The inspection 24 shall insure that required sterilization,
sanitation and safety 25 standards are maintained. 26 (e) Fees.--All
fees required under this act shall be fixed 27 by the department
by regulation and shall be subject to the act 28 of June 25, 1982
(P.L.633, No.181), known as the Regulatory 29 Review Act. 30 (f)
Limitation.--Nothing in this act shall be construed to 20010H1148B1329
- 5 - 1 permit the department to regulate artistic aspects of
<< tattooing>> , 2 body-piercing or corrective cosmetics
which are unrelated to 3 health, sanitization, sterilization or
safety standards. 4 (g) Departmental actions.--All actions of
the department in 5 accordance with this act which result in a
refusal to issue a 6 registration for reasons other than failure
to pass a written 7 examination required by this act or action
which suspends or 8 revokes a registration shall be subject to
the right of notice, 9 hearing and adjudication and the right
of appeal therefrom in 10 accordance with 2 Pa.C.S. Ch. 5 Subch.
A (relating to practice 11 and procedure of Commonwealth agencies).
12 Section 6. Duties and responsibilities of artists. 13 (a) Health
of tattoo artists and body-piercing artists.--The 14 department
shall establish by regulation minimum health 15 standards for
all registrants and persons working in any area of 16 a tattoo
or body-piercing establishment which may be necessary 17 to prevent
the contamination of tattoo or body-piercing 18 equipment, supplies
or work surfaces with pathogenic organisms. 19 (b) Infectious
disease.--A notarized statement from a 20 licensed physician shall
be provided to the department, prior to 21 the issuance of a registration
under this act, confirming that 22 the artist was examined by
the physician, a test of the artist's 23 blood was made and the
results of that test indicate that: 24 (1) the artist is free
from all contagious and 25 infectious diseases, including hepatitis
B; 26 (2) the artist has either completed or was offered and 27
declined a vaccination series; 28 (3) antibody testing reveals
that the artist is immune 29 to certain diseases; or 30 (4) a
vaccine is contradicted for medical reasons. 20010H1148B1329 -
6 - 1 (c) Notifications.--Verbal and written instructions for
the 2 care of the tattooed or pierced site on the body shall be
3 provided to each customer by the tattoo artist or body-piercing
4 artist upon the completion of the procedure. The written 5 instructions
shall advise the customer to consult a physician at 6 the first
sign of infection and contain the name, address and 7 phone number
of the tattoo or body-piercing establishment. 8 Section 7. Minors.
9 (a) Prohibitions.--It shall be unlawful for any person to 10
perform << tattooing>> or body-piercing services on
any other person 11 under 18 years of age without the written
consent of a parent or 12 legal guardian of that other person.
13 (b) Regulation.--The department shall promulgate regulations
14 establishing standards for verification of age and documentation
15 of consent. 16 (c) Revocation.--Any person who performs <<
tattooing>> or body- 17 piercing services on any body part
of a person under 18 years of 18 age without proper consent as
established in subsection (a) 19 shall have the registration under
this act revoked for two 20 years. 21 (d) Registration.--Any person
who violates subsection (a) 22 may not be registered for two years
from the date of violation 23 or revocation, whichever is later.
24 Section 8. Powers of municipalities. 25 (a) Municipal ordinances
preserved.--Nothing in this act 26 shall supersede the power of
a municipality to inspect tattoo, 27 or body-piercing establishments
or temporary establishments, to 28 regulate the manner in which
<< tattooing>> or body-piercing may be 29 performed,
to levy lawful taxes and fees and to require the 30 purchase of
a business privilege license unrelated to competence 20010H1148B1329
- 7 - 1 in the practice of << tattooing>> or body
piercing. No municipality 2 shall require a tattoo artist or body-piercing
artist registered 3 under this act to obtain a municipal license
to engage in 4 tattoo, temporary tattoo or body-piercing services
in the 5 municipality. Nothing in this act shall preclude a municipality
6 from denying or revoking a local permit for failure to comply
7 with a local ordinance not inconsistent with this act or 8 regulations
of the department promulgated under this act. 9 (b) Failure to
comply with local ordinance.--A registrant 10 under this act who
fails to comply with a municipal ordinance 11 concerning the inspection
of tattoo or body-piercing 12 establishments or temporary establishments,
or the manner in 13 which the municipality requires tattoo and
body-piercing 14 services to be performed, shall be subject to
disciplinary 15 proceedings under this act. 16 Section 9. Unlawful
acts. 17 (a) Unregistered practice.--It is unlawful for any person
to 18 practice << tattooing>> , body-piercing or corrective
cosmetics, or to 19 hold himself out as a practitioner of or entitled
or authorized 20 to practice << tattooing>> , body-piercing
or corrective cosmetics, or 21 to assume any title of "tattooist,"
"tattoo artist," "body- 22 piercer," "body-piercing
artist," "corrective cosmetics artist" 23 or other
letters or titles in connection with that person's name 24 which
in any way represents himself as being engaged in the 25 practice
of << tattooing>> , body-piercing or corrective cosmetics,
or 26 authorized to do so, unless that person has been duly registered
27 and authorized to engage in the practice under this act. 28
(b) Unregistered facilities.--It is unlawful for any person 29
to operate a tattoo, body-piercing, or corrective cosmetic 30
establishment or temporary establishment that is not registered
20010H1148B1329 - 8 - 1 with the department. 2 (c) Injections.--It
is unlawful for a tattoo artist, body- 3 piercing artist or corrective
cosmetic artist to administer 4 anesthetic injections or other
medications and prescription 5 drugs. 6 (d) Facial tattoos.--It
is unlawful for any person other 7 than a corrective cosmetic
artist registered under this act, or 8 a physician or surgeon
licensed in this Commonwealth, to perform 9 facial tattoo services
on any other person. 10 Section 10. Disciplinary matters. 11 (a)
General.--The department may suspend or revoke any 12 registration
issued under this act for any of the following 13 reasons: 14
(1) Failing to demonstrate the qualifications or 15 standards
for a registration contained in this act or 16 regulations of
the department. 17 (2) Making misleading, deceptive, untrue or
fraudulent 18 representations in obtaining a registration. 19
(3) Being unable to practice with reasonable skill and 20 safety
to the public by reason of illness, addiction to drugs 21 or alcohol,
having been convicted of a felonious act 22 prohibited by the
act of April 14, 1972 (P.L.233, No.64), 23 known as The Controlled
Substance, Drug, Device and Cosmetic 24 Act, or convicted of a
felony relating to a controlled 25 substance in a court of law
of the United States or any other 26 state, territory, possession
or country, or of mental 27 incompetency. An applicant's statement
on the application 28 declaring the absence of a conviction shall
be deemed 29 satisfactory evidence of the absence of a conviction
unless 30 the department has some evidence to the contrary. 20010H1148B1329
- 9 - 1 (4) Violating a lawful regulation promulgated by the 2
department or violating a lawful order of the department 3 previously
entered by the department in a disciplinary 4 proceeding. 5 (5)
Knowingly maintaining a professional connection or 6 association
with any person who is in violation of this act 7 or regulation
of the department or knowingly aiding, 8 assisting, procuring
or advising any unregistered person to 9 practice a profession
contrary to this act or regulations of 10 the department. 11 (6)
Acting in such manner as to present an immediate and 12 clear
danger to public health or safety. 13 (7) Making a false or deceptive
biennial registration 14 with the department. 15 (b) Authorized
actions.--In addition to taking disciplinary 16 or corrective
action against a registrant under this act or 17 pursuant to other
statutory authority, the department may: 18 (1) Deny the application
for a registration or any other 19 privilege granted by the department.
20 (2) Revoke, suspend, limit or otherwise restrict a 21 registration.
22 (3) Stay enforcement of any suspension and place a 23 registrant
on probation with the right to vacate the 24 probationary order
for noncompliance. 25 (c) Failure to comply with conditions.--Failure
of a 26 registrant to comply with the conditions required by the
27 department shall be grounds for reconsideration of the matter
28 and institution of formal charges against the registrant. 29
(d) Reinstatement of registration.--Unless ordered to do so 30
by the Commonwealth Court or on appeal therefrom, the department
20010H1148B1329 - 10 - 1 may not reinstate the registration of
a person which has been 2 revoked for two years from the date
of violation or revocation, 3 whichever is later. Any person whose
registration has been 4 revoked may apply for reinstatement, after
a period of at least 5 two years, but must meet all of the registration
requirements of 6 this act, including the examination requirement,
if that person 7 desires to practice the art of << tattooing>>
, body-piercing or 8 corrective cosmetics under this act at any
time after such 9 revocation. 10 (e) Surrender of suspended or
revoked registration.--The 11 department shall require a person
whose registration has been 12 suspended or revoked to return
the registration in such manner 13 as the department directs.
14 Section 11. Penalties. 15 Any persons who violates any provision
of this act commits a 16 misdemeanor of the third degree and shall,
upon conviction, be 17 sentenced to pay a fine of not more than
$1,000 or to 18 imprisonment for not more than three months, or
both. 19 Section 12. Injunctive relief. 20 It shall be unlawful
for any person to practice or attempt to 21 offer to practice
<< tattooing>> , body-piercing or corrective 22 cosmetics
without having at the time of so doing a valid, 23 unexpired,
unrevoked and unsuspended registration issued under 24 this act.
The unlawful practice of << tattooing>> , body-piercing
or 25 corrective cosmetics may be enjoined by the courts on petition
26 of the department. In any such proceeding it shall not be 27
necessary to show that any person is individually injured by the
28 actions complained of. If it is found that the respondent has
29 engaged in the unlawful practice of << tattooing>>
or body piercing, 30 the court shall enjoin the respondent from
so practicing unless 20010H1148B1329 - 11 - 1 and until the respondent
registers with the department. This 2 procedure in such cases
shall be the same as in any other 3 injunction suit. The remedy
by injunction authorized by this 4 section shall be in addition
to any other civil or criminal 5 prosecution and punishment authorized
by law. 6 Section 13. Exemptions. 7 (a) General rule.--Nothing
in this act shall prevent: 8 (1) a physician or surgeon licensed
in this Commonwealth 9 from performing body-piercing or <<
tattooing>> services for 10 medical reasons; or 11 (2) a
funeral director licensed in this Commonwealth 12 from performing
body-piercing or << tattooing>> services as 13 required
by that profession. 14 (b) Physician-based corrective cosmetics
establishments.-- 15 Nothing in this act shall require the registration
of corrective 16 cosmetics establishments physically located in
a licensed 17 physician's office, hospital or clinic. Those establishments
18 shall also be exempt from facility requirements as provided
for 19 in section 5(a)(1). 20 Section 14. Effective date. 21 This
act shall take effect as follows: 22 (1) Section 5(a) shall take
effect in two years. 23 (2) This section shall take effect immediately.
24 (3) The remainder of this act shall take effect in 180 25 days.
C15L35JLW/20010H1148B1329 - 12 -
HOUSE BILL 485 P.N. 523 PRINTER'S NO. 523 THE GENERAL ASSEMBLY
OF PENNSYLVANIA HOUSE BILL
No. 485 Session of 2001
INTRODUCED BY MAITLAND, FLEAGLE, S. MILLER AND HORSEY, FEBRUARY
6, 2001 REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2001 AN
ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for << tattooing>>
; and 3 prohibiting certain body piercing. 4 The General Assembly
of the Commonwealth of Pennsylvania 5 hereby enacts as follows:
6 Section 1. Section 6311 of Title 18 of the Pennsylvania 7 Consolidated
Statutes is amended to read: 8 § 6311. << Tattooing>>
and body piercing. 9 (a) << Tattooing>> .--A person
is guilty of [a misdemeanor of the 10 third degree] an offense
if he tattoos any person under the age 11 of 18 years without
the expressed consent of the parent or 12 guardian of such person.
13 (b) Body piercing.--A person is guilty of an offense if he
14 punctures a part of the body of any person under the age of
18 15 years with the intent to create a permanent hole for cosmetic
16 purposes without the expressed consent of the parent or guardian
17 of such person. 18 (c) Grading.--A person who commits an offense
under this 1 section shall be guilty of a misdemeanor of the third
degree for 2 the first offense. A person who commits a second
and subsequent 3 offense under this section within one year of
the preceding 4 offense commits a misdemeanor of the second degree.
5 Section 2. This act shall take effect in 60 days. L27L18SFL/20010H0485B0523
- 2 -
