South Carolina Code
TITLE 16 CRIMES AND OFFENSES
CHAPTER 1 Felonies and Misdemeanors; Accessories
16-1-100. Crimes classified as misdemeanors.
(A) The following offenses are Class A misdemeanors and the maximum
terms established for a Class A misdemeanor, as set forth in Section
16-1-20(A), apply:
16-17-700 Tattooing
§ 40-47-60. Practice of medicine or osteopathy restricted.
No person shall practice medicine, surgery or osteopathy within
the State unless he is twenty-one years of age and has been authorized
so to do pursuant to the provisions of this article. But nothing
in this article shall be construed:
(1) To prohibit service in cases of emergency or the domestic
administration of family remedies;
(2) To apply to those who practice the religious tenets of their
church without pretending a knowledge of medicine or surgery if
the laws, rules and regulations relating to contagious diseases
and sanitary matters are not violated; or
(3) To prohibit licensed druggists from selling, using and dispensing
drugs in their places of business, respectively.
(4) To apply to any act, task or function performed by an assistant
to a physician certified by the Board of Medical Examiners, provided
that (a) such assistant is approved and certified by the Board
as one qualified by training or experience to function as an assistant
to a specified physician or a specified physicians' group or professional
association; and (b) such act, task or function is performed at
the direction and under the supervision of such physician, or
physicians' group or professional association, in accordance with
rules and regulations promulgated by the Board. Provided, however,
that under no circumstances will these physicians' assistants
nor optometrists' assistants be allowed to make a refraction for
glasses or give a contact lens fitting.
(5) To prohibit a licensed physician from delegating tasks to
unlicensed personnel in his employ and on his premises if:
a. the task is of a routine nature involving neither the special
skill of a licensed person nor significant risk to the patient
if improperly done;
b. the task is performed while the physician is present on the
premises and in such close proximity as to be readily available
to the unlicensed person if needed;
c. the task does not involve the verbal transmission of a physician's
order or prescription to a licensed person if the licensed person
requires the order or prescription to be in writing;
d. the unlicensed person wears an appropriate badge denoting
to any patient his status.
South Carolina Code
TITLE 16 CRIMES AND OFFENSES
CHAPTER 17 Offenses Against Public Policy
ARTICLE 7 MISCELLANEOUS OFFENSES
16-17-700. Tattooing.
It is unlawful for a person to tattoo> any part of the body
of another person. It is not unlawful for a licensed physician
or surgeon to <tattoo part of a patient's body if in his medical
opinion it is necessary when performing cosmetic or reconstructive
surgery.
A person who violates the provisions of this section is guilty
of a misdemeanor and, upon conviction, must be fined in the discretion
of the court or imprisoned not more than one year, or both.
HISTORY: 1986 Act No. 395, eff April 29, 1986; 1993 Act No. 184,
§§ 187, eff January 1, 1994.
Legislative Information Systems
Search Session 113 - (1999-2000)
South Carolina General Assembly
115th Session, 2003-2004
Download This Bill in Microsoft Word97 format
Indicates Matter Stricken
Indicates New Matter
H. 4247
STATUS INFORMATION
General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\gjk\20619sd03.doc
Companion/Similar bill(s): 104
Introduced in the House on May 21, 2003
Currently residing in the House Committee on Medical, Military,
Public and Municipal Affairs
Summary: Tattooing
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
5/21/2003 House Introduced and read first time HJ-7
5/21/2003 House Referred to Committee on Medical, Military, Public
and
Municipal Affairs HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
5/21/2003
(Text matches printed bills. Document has been reformatted to
meet World Wide Web specifications.)
A BILL
TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 34 SO AS TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND
PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS;
AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING,
SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON
UNLESS THE TATTOO ARTIST MEETS THE ABOVE REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 34
Tattooing
Section 44-34-10. As used in this chapter:
(1) 'Department' means the Department of Health and Environmental
Control.
(2) 'Tattoo facility' means any room, space, location, area,
structure, or business, or any part of any of these places, where
tattooing is practiced or where the business of tattooing is conducted.
(3) 'Tattoo artist' means a person who practices body tattooing
and who meets the requirements of this chapter.
(4) 'Tattoo or tattooing' means to indelibly mark or color the
skin by subcutaneous introduction of nontoxic dies or pigments.
Section 44-34-20. (A) The Department of Health and Environmental
Control must establish by regulation sterilization, sanitation,
and safety standards for persons engaged in the business of tattooing.
The department must provide the necessary resources to support
the development of these standards. The standards must be directed
at establishment and maintenance of sterile conditions and safe
disposal of instruments. The standards may be modified in accordance
with the Administrative Procedures Act as appropriate to protect
consumers from transmission of contagious diseases through cross-contamination
of instruments and supplies.
(B) Prior to performing tattooing procedures, a tattoo facility
must apply for and obtain a license issued by the department that
shall be effective for a specified time period following the date
of issue as determined by the department. To obtain a license,
the tattoo facility must:
(1) obtain a copy of the department's standards and commit on
the application to meet those standards;
(2) provide the department with its business address and the
address at which the licensee would perform any activity regulated
by this chapter;
(3) provide to the department a certificate of each tattoo artist's
initial certification of successful completion of courses in bloodborne
pathogens and tattoo infection control, adult cardio-pulmonary
resuscitation (CPR), and first aid;
(4) remit to the department an initial and subsequently an annual
license renewal fee of an amount set by the department;
(5) provide to the department a certified copy of an ordinance
passed by the local governing body where the business will be
located which authorizes the tattooing of persons within its jurisdiction;
(6) be in substantial compliance with department standards as
determined by an initial license inspection conducted by the department.
Section 44-34-30. (A) A tattoo artist must comply with the following
infection control measures or standards at all times:
(1) wash his hands thoroughly with water and a germicide soap
approved by the department before and after each client's procedure;
(2) when necessary to perform a procedure on certain individuals
who must undergo shaving of hair, use either disinfected scissors
or a single-use disposable razor, and clean the skin with a liquid
germicidal solution approved by the department and used in accordance
with the manufacturer's directions;
(3) use single-use sterile disposable gloves when setting up
equipment and single-use sterile disposable gloves when performing
procedures on a client; these gloves must never be washed or reused
in any manner and must be immediately replaced upon notice of
a tear, any contamination, or other defect;
(4) when conducting a procedure, use either:
(a) single-use disposable needles and injection equipment which
are designated and sterilely packaged as single-use only, and
these needles and injection equipment must never be cleaned or
reused in any manner on another client; or
(b) reusable needles and injection equipment only if properly
sterilized by autoclave;
(5) properly sterilize by autoclave all reusable instruments
and other tattooing items other than inks and sterilely packaged
and labeled with the date of sterilization and a sterile indicator;
(6) prior to any direct contact with the client, place in a sterile
manner all sterile instruments on a sterile disposable towel or
drape to be used as a single sterile field throughout the procedure.
Regloving with single-use sterile disposable surgical gloves must
occur prior to initiation of the procedure, which is to be performed
using strict sterile surgical techniques. Any nonsterile contact
or contamination of the instruments or field must immediately
result in cessation of the procedure and nonuse of all equipment
until resterilized;
(7) scrub the skin of the client in a sterile surgical manner
with a liquid germicidal solution approved by the department and
used in accordance with the manufacturer's direction; and
(8) dispose of single-use needles and other disposable sharp
supplies in safety puncture-proof containers as approved by the
department; these used containers must be disposed of in a manner
prescribed by the department.
(B) The use of gauze, alum, styptic pencils, or medical supplies
considered necessary to control bleeding is prohibited unless
a separate disposable single-use sterile item is used on each
client.
(C) The tattoo artist must not use stencils to transfer designs
to skin or containers of ink or dye unless separate, disposable
single-use stencils or containers are used on each recipient.
(D) Each tattoo facility must keep a current written log for
the previous two years of autoclave use including, but not limited
to, the date and time of use and results of sterilization spore
test strip tests performed at least monthly.
(E) A tattoo facility must include a room for the purpose of
disinfecting and sterilization of equipment, and this room must
be physically separate from the room used for tattooing procedures
to avoid cross contamination of equipment. Flooring in each room
must be composed of material which is sanitizable.
Section 44-34-40. (A) The department may charge an additional
amount if necessary to cover the cost of inspection.
(B) Fees and monetary penalties established by this chapter must
be used exclusively in support of activities pursuant to this
chapter.
Section 44-34-50. (A) A tattoo artist must be at least twenty-one
years old and must possess a certificate of successful completion,
on an annual basis, of a course in blood borne pathology and tattoo
infection control as approved by the department, a current American
Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation
(CPR) Certification obtained either from the American Red Cross
or the American Heart Association. A tattoo artist must conspicuously
display in a public area on the premises of the tattoo facility
the certificates of successful completion of a course in CPR,
first aid, blood borne pathogens, and tattoo infection control.
(B) A tattoo artist must comply with all applicable federal Office
of Safety and Health Administration requirements or guidelines.
(C) The tattoo artist must allow and cooperate with on-site inspections
and investigations as considered necessary by the department and
must address by corrective action the noncompliance items as identified
by the department.
Section 44-34-60. (A) The department may conduct unannounced
inspections or complaint investigations of the locations at which
tattooing, as applicable to this chapter, is being performed.
(B) Each tattoo facility location must conspicuously display
in a public area on the premises of the licensed tattoo facility:
(1) a clearly legible notice to patrons informing them of any
disqualification which tattooing may confer upon a prospective
blood donor according to the current and subsequent amendments
to standards of the American Association of Blood Banks. This
notice also must appear in any informed consent or release form
utilized by a tattoo artist. This informed consent or release
form must be signed by the prospective client and must contain,
at a minimum, aftercare suggestions for the specific tattoo site;
(2) the tattoo facility license issued by the department.
(C) A tattoo artist must verify by means of a picture identification
that a recipient is at least eighteen years of age, or if he or
she is under eighteen, that parental or guardian approval is manifest
either by his or her presence at the tattooing or by a notarized
writing. For purposes of this section, 'picture identification'
means:
(1) a valid driver's license; or
(2) an official photographic identification card issued by the
South Carolina Department of Revenue, a federal or state law enforcement
agency, an agency of the United States Department of Defense,
or the United States Department of State. Proof that the defendant
demanded, was shown, and reasonably relied upon proof of age is
a defense to an action brought pursuant to this section.
(D) A person who has his or her body tattooed while under the
age of eighteen in violation of subsection (C) above may bring
an action in the circuit court against the person convicted of
the violation to recover actual damages and punitive damages plus
costs of the action and attorney's fees.
Section 44-34-70. (A) The department must promulgate regulations
as required by Section 44-34-20 and such other regulations as
may be necessary but which do not conflict with the provisions
of this chapter.
(B) This chapter does not limit the department's ability to require
a potential licensee to obtain any business license or permit
that the department finds appropriate.
Section 44-34-80. The department may revoke, suspend, or refuse
to issue or renew a license pursuant to this chapter and invoke
a monetary penalty upon evidence as determined by the department
that the licensee of the facility under this chapter has:
(1) failed to maintain a business address or telephone number
at which the tattoo facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization
procedures as established by law or by department regulations;
(3) obtained a tattoo facility license through fraud or deceit;
or
(4) violated any applicable law or regulation.
Section 44-34-90. This chapter does not restrict the activities
of a physician or surgeon licensed pursuant to the laws of this
State.
Section 44-34-100. (A) It is unlawful for a person to perform
or offer to perform tattooing upon a person under the age of eighteen
years, unless the tattooing is performed in the presence of, or
as directed by a notarized writing by, the person's parent or
legal guardian. Tattooing may not be performed upon a person under
the age of sixteen.
(B) This section does not apply to the tattooing of an emancipated
minor.
(C) The minor upon whom tattooing is performed, or the parent
or legal guardian of that minor, or any other minor is not liable
for punishment pursuant to this section.
(D) Tattooing may not be performed upon a person impaired by
drugs or alcohol. A person impaired by drugs or alcohol is considered
incapable of consenting to tattooing and incapable of understanding
tattooing procedures and aftercare suggestions.
(E) Tattooing may not be performed on skin surfaces having a
rash, pimples, boils, keloids, sunburn, open lesions, infections,
or manifest any evidence of unhealthy conditions.
(F) It is unlawful for a tattoo artist to tattoo any part of
the head, face, or neck of another person.
(G) A person who violates a provision of this chapter is guilty
of a misdemeanor and, upon conviction, must be fined up to two
thousand five hundred dollars or imprisoned up to one year, or
both.
(H) All licensing fees and monetary penalties collected must
be remitted to the Department of Health and Environmental Control
in a separate and distinct account to be used solely to carry
out and enforce the provisions of this chapter."
SECTION 2. Section 16-17-700 of the 1976 Code is amended to read:
"Section 16-17-700. It is unlawful for a person to tattoo
any part of the body of another person unless the tattoo artist
meets the requirements of Chapter 34 of Title 44. It However,
it is not unlawful for a licensed physician or surgeon to tattoo
part of a patient's the body of a person of any age if in his
the physician's or surgeon's medical opinion it is necessary when
performing cosmetic or reconstructive surgery or appropriate;
and it is not unlawful for a physician to delegate tattooing procedures
to an employee in accordance with Section 40-47-60, subject to
the regulations of the State Board of Medical Examiners.
A person who violates the provisions of this section is guilty
of a misdemeanor and, upon conviction, must be fined in the discretion
of the court up to two thousand five hundred dollars or imprisoned
not more than one year, or both."
SECTION 3. This act takes effect upon approval by the Governor.
----XX----
This web page was last updated on May 27, 2003 at 2:42 PM
S 120
S 0120 General Bill, By Mescher
A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA,
1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS
OVER EIGHTEEN
YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION
OF
INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN
IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE
CENTERS FOR
DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT
OF HEALTH
AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING
THEM OF ANY
DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE
BLOOD DONOR, AND
TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM,
TO REQUIRE PROOF
OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES
FOR VIOLATION
OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF
OF AGE IS A
DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND
CHAPTER 17, TITLE
16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION
16-17-705 SO
AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED
IN
VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST
THE PERSON
CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES
PLUS COSTS AND
ATTORNEY'S FEES.
11/18/98 Senate Prefiled
11/18/98 Senate Referred to Committee on Judiciary
01/12/99 Senate Introduced and read first time SJ-48
01/12/99 Senate Referred to Committee on Judiciary SJ-48
04/07/99 Senate Committee report: Favorable with amendment
Judiciary SJ-15
04/08/99 Senate Amended SJ-17
04/08/99 Senate Read second time SJ-17
04/08/99 Senate Ordered to third reading with notice of
amendments SJ-17
04/20/99 Senate Amended SJ-33
04/21/99 Senate Amended SJ-21
04/21/99 Senate Read third time and sent to House SJ-21
04/22/99 House Introduced and read first time HJ-19
04/22/99 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-19
02/09/00 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-6
02/15/00 House Requests for debate-Rep(s). Woodrum, Cotty,
Kirsh, Stuart, Kelley, Walker, R. Smith,
Seithel, McMahand, Moody-Lawrence, Leach, J.
Hines, Davenport, Lloyd, Scott, Hosey, Gourdine,
JH Neal, and Barfield HJ-37
02/23/00 House Amended HJ-30
02/23/00 House Debate interrupted HJ-31
02/24/00 House Recommitted to Committee on Medical, Military,
Public and Municipal Affairs HJ-27
05/17/00 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-5
05/23/00 House Requests for debate removed-Rep(s). Gourdine,
McMahand, J. Hines, Hosey and Lloyd HJ-89
05/24/00 House Requests for debate removed-Rep(s). Neal HJ-64
05/24/00 House Recommitted to Committee on Medical, Military,
Public and Municipal Affairs HJ-91
Page 1
1 Indicates Matter Stricken
2 Indicates New Matter
3
4 COMMITTEE REPORT
5 May 17, 2000
6
7 S. 120
8
9 Introduced by Senator Mescher
10
11 S. Printed 5/17/00--H.
12 Read the first time April 22, 1999.
13
14
15 THE COMMITTEE ON MEDICAL,
16 MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
17 To whom was referred a Bill (S. 120), to amend Section
18 16-17-700, as amended, Code of Laws of South Carolina, 1976,
19 relating to tattooing, so as to permit tattooing of persons
over
20 twenty-one years, etc., respectfully
21 REPORT:
22 That they have duly and carefully considered the same, and
23 recommend that the same do pass with amendment:
24
25 Amend the bill, as and if amended, by striking all after the
26 enacting words and inserting:
27 /SECTION 1. Title 44 of the 1976 Code is amended by adding:
28 ¿CHAPTER 34
29 Tattooing
30 Section 44-34-10. As used in this chapter:
31 (1) ¿Department¿ means the Department of Health
and
32 Environmental Control.
33 (2) ¿Tattoo facility¿ means any room, space,
location, area,
34 structure, or business, or any part of any of these places,
where
35 tattooing is practiced or where the business of tattooing is
36 conducted.
37 (3) ¿Tattoo artist¿ means a person who practices
body tattooing
38 and who meets the requirements of this chapter.
39 Section 44-34-20. (A) The Department of Health and
40 Environmental Control shall establish sterilization, sanitation,
and
41 safety standards for persons engaged in the business of tattooing.
42 The department shall provide the necessary resources to support
Page 2
1 the development of these standards. The standards must be
2 directed at establishment and maintenance of sterile conditions
and
3 safe disposal of instruments. The standards may be modified
as
4 appropriate to protect consumers from transmission of contagious
5 diseases through cross-contamination of instruments and supplies.
6 (B) Prior to applying to the department for a permit, a tattoo
7 facility must ensure that all tattoo artists obtain a certificate
8 attesting to the successful completion of a course in blood
borne
9 pathogens and tattoo infection control as approved by the
10 department; the tattoo facility must then apply for and obtain
a
11 permit issued by the department, who shall issue such permits,
12 renewable annually, upon presentation of a certificate of each
13 tattoo artist¿s initial and annual certification of
successful
14 completion of a course in blood borne pathogens, tattoo infection
15 control; payment of an annual permitting fee of three hundred
16 dollars per tattoo facility; and upon presentation of a certified
copy
17 of an ordinance passed by the local governing body where the
18 business will be located approving the tattooing of persons
within
19 its jurisdiction.
20 Section 44-34-30. A tattoo artist must observe the following
21 infection control precautions at all times:
22 (1) The tattoo artist must wash his hands thoroughly with
23 water and a germicide soap approved by the department before
and
24 after each client¿s procedure.
25 (2) When necessary for the tattoo artist to perform a
26 procedure on certain individuals who must undergo shaving of
27 hair, either disinfected scissors or a single-use disposable
razor
28 must be used, and the skin must be cleaned with a germicidal
29 solution approved by the department and used in accordance
with
30 the manufacturer¿s directions.
31 (3) It is unlawful for a tattoo artist to tattoo any part of
the
32 head, face, or neck of another person.
33 (4) The tattoo artist must always use single-use disposable
34 gloves when setting up equipment and single-use disposable
35 gloves when performing procedures on a client; these gloves
must
36 never be washed or reused in any manner and must be immediately
37 replaced upon notice of a tear, any contamination, or other
defect.
38 (5) The tattoo artist must always use on each recipient either:
39 (a) single-use disposable needles and injection equipment
40 which is designated and sterilely packaged as single-use only
and
41 these needles and injection equipment must never be cleaned
or
42 reused in any manner on another client; or
Page 3
1 (b) reusable needles and injection equipment only if
2 properly sterilized by autoclave or chemical germicide used
in
3 accordance with the manufacturer¿s directions.
4 (6) All reusable instruments and other tattooing items other
5 than inks must be properly sterilized by autoclave and sterilely
6 packaged and labeled with the date of sterilization and a sterile
7 indicator.
8 (7) Prior to any direct contact with the client, the tattoo
artist
9 in a sterile manner must place all sterile instruments on a
sterile
10 disposable towel or drape to be used as a single sterile field
11 throughout the procedure. Regloving with single-use sterile
12 disposable surgical gloves must occur prior to initiation of
the
13 procedure, which is to be performed using strict sterile surgical
14 techniques. Any nonsterile contact or contamination of the
15 instruments or field must immediately result in cessation of
the
16 procedure and nonuse of all equipment until resterilized.
17 (8) The skin of the client must be scrubbed in a sterile
18 surgical manner with a germicidal solution approved by the
19 department and used in accordance with the manufacturer¿s
20 direction.
21 (9) The use of gauze, alum, styptic pencils, or medical
22 supplies considered necessary to control bleeding is prohibited
23 unless a separate disposable single-use sterile item is used
on each
24 client.
25 The tattoo artist must not use stencils to transfer designs
to skin
26 or containers of ink or dye unless separate, disposable single-use
27 stencils or containers are used on each recipient.
28 (10) The technician must dispose of single-use used needles
29 and other disposable sharp supplies in safety puncture-proof
30 containers as approved by the department; these used containers
31 must be disposed of in an manner prescribed by the department.
32 (11) Each tattoo facility must keep a written log for two years
33 of autoclave use including, but not limited to, the date and
time of
34 use and sterilization spore test strip results done at least
monthly.
35 (12) The tattoo artist must allow and cooperate with on-site
36 inspections as considered necessary by the department.
37 (13) A tattoo facility must include a room for the purpose
of
38 disinfecting and sterilization of equipment and this room must
be
39 physically separate from the room used for tattooing procedures
to
40 avoid cross contamination of equipment.
41 Section 44-34-40. (A) A person wishing to operate a tattoo
42 facility shall register with the department prior to beginning
Page 4
1 practice. Upon completion of all the permitting requirements,
the
2 tattoo facility shall receive a permit. A permitted facility
shall:
3 (1) obtain a copy of the department¿s standards from
the
4 department, sign an acknowledgment upon receipt of the
5 standards, and commit to meet the standards;
6 (2) provide the department with its business address and the
7 address at which the permittee performs any activity regulated
by
8 this chapter;
9 (3) pay an annual permit fee of three hundred dollars to the
10 department;
11 (4) post the tattoo facility permit in a conspicuous place
on
12 the premises of a licensed tattoo facility.
13 (B) The department may charge an additional amount if
14 necessary to cover the cost of inspection.
15 (C) Fees established by this chapter must be used exclusively
in
16 support of activities pursuant to this chapter.
17 Section 44-34-50. (A) A tattoo artist must be at least twenty
18 one years old and shall possess a current Red Cross First Aid
19 Certification and Adult Cardiopulmonary Resuscitation (CPR)
20 Certification. The Red Cross First Aid Certification must be
21 renewed every three years, and the Adult CPR Certification
must
22 be renewed annually. A tattoo artist must conspicuously display:
23 (1) the annual certificate of successful completion of a
24 course in CPR and infection control as approved by the
25 department; and
26 (2) the annual permit issued by the department.
27 (B) A tattoo artist must comply with all applicable federal
28 Office of Safety and Health Administration requirements or
29 guidelines.
30 (C) A tattoo artist must obtain a certificate attesting to
the
31 successful completion of a course in blood borne pathogens
and
32 tattoo infection control as approved by the department.
33 Section 44-34-60. (A) The department may conduct the
34 following inspections of the locations at which permittees
under
35 this chapter conduct regulated activities:
36 (1) an initial inspection which must be successfully
37 completed as a condition of permitting;
38 (2) an inspection after any complaint is filed with the
39 department; and
40 (3) inspections which may be conducted by the department
41 at any time without previous notification to the tattoo facility.
42 (B) Each tattoo facility location shall conspicuously display
a
43 clearly legible notice to patrons informing them of any
Page 5
1 disqualification which tattooing may confer upon a prospective
2 blood donor according to the current and subsequent amendments
3 to standards of the American Association of Blood Banks. This
4 notice also must appear in any informed consent or release form
5 which a tattoo artist uses. This informed consent or release
form
6 must be signed by the prospective client and must contain, at
a
7 minimum, aftercare suggestions for the specific tattoo site.
8 (C) A tattoo artist shall verify by means of a picture
9 identification that a recipient is at least twenty-one years
of age.
10 For purposes of this section, ¿picture identification¿
means:
11 (a) a valid South Carolina driver¿s license; or
12 (b) an official photographic identification card issued by
the
13 South Carolina Department of Revenue, a federal or state law
14 enforcement agency, an agency of the United States Department
of
15 Defense, or United States Department of State. Proof that the
16 defendant demanded, was shown, and reasonably relied upon proof
17 of age is a defense to an action brought pursuant to this section.
18 (D) A person who has his or her body tattooed while under the
19 age of twenty-one in violation of subsection (C) above may
bring
20 an action in the circuit court against the person convicted
of the
21 violation to recover actual damages and punitive damages plus
22 costs of the action and attorney¿s fees.
23 Section 44-34-70. (A) The department may adopt regulations
24 that do not conflict with, or are not more comprehensive than,
the
25 provisions of this chapter or with the standards adopted by
the
26 department and promulgated in regulations by the department.
27 (B) This chapter does not limit the department¿s ability
to
28 require a registrant to obtain any business license or permit
that the
29 department finds appropriate.
30 Section 44-34-80. The department may revoke, suspend, or
31 refuse to issue or renew a permit pursuant to this chapter
or may
32 place a tattoo facility on probation upon proof that the operator
of
33 the facility under this chapter has:
34 (1) failed to maintain a business address or telephone
35 number at which the facility may be reached during business
36 hours;
37 (2) failed to maintain proper safety, sanitation, or
38 sterilization procedures as established by law or by department
39 regulations;
40 (3) obtained a tattoo facility license through fraud or deceit;
41 or
42 (4) violated any applicable law or regulation.
Page 6
1 Section 44-34-110. This chapter does not restrict the activities
2 of a physician or surgeon licensed pursuant to the laws of this
3 State.
4 Section 44-34-120. (A) It is unlawful for a person to perform
5 or offer to perform tattooing upon a person under the age of
6 twenty-one years, unless the tattooing is performed in the presence
7 of, or as directed by a notarized writing by, the person¿s
parent or
8 legal guardian.
9 (B) This section does not apply to the tattooing of an
10 emancipated minor.
11 (C) The minor upon whom tattooing is performed, or the parent
12 or legal guardian of that minor, or any other minor is not
liable for
13 punishment pursuant to this section.
14 (D) Tattooing may not be performed upon a person impaired by
15 drugs or alcohol. A person is considered incapable of consenting
16 to tattooing and incapable of understanding tattooing procedures
17 and aftercare suggestions.
18 (E) Tattooing may not be performed on skin surfaces having
a
19 rash, pimples, boils, infections, or evidence of unhealthy
20 conditions.
21 (F) A person who violates a provision of this chapter is guilty
22 of a misdemeanor and, upon conviction, must be fined up to
two
23 thousand five hundred dollars or imprisoned up to one year,
or
24 both.
25 (G) All fines collected must be remitted to the State Treasurer
26 to be credited to the Department of Health and Environmental
27 Control in a separate and distinct account to be used solely
to carry
28 out and enforce the provisions of this chapter.¿
29 SECTION 2. Section 16-17-700 of the 1976 Code is amended to
30 read:
31 ¿Section 16-17-700. It is unlawful for a person to tattoo
any
32 part of the body of another person unless the tattoo artist
meets the
33 requirements of Chapter 34 of Title 44. It However, it is not
34 unlawful for a licensed physician or surgeon to tattoo part
of a
35 patient¿s the body of a person of any age if in his
the physician¿s or
36 surgeon¿s medical opinion it is necessary when performing
37 cosmetic or reconstructive surgery or appropriate, and it is
not
38 unlawful for a physician to delegate tattooing procedures to
an
39 employee in accordance with Section 40-47-60, subject to the
40 regulations of the State Board of Medical Examiners.
41 A person who violates the provisions of this section is guilty
of
42 a misdemeanor and, upon conviction, must be fined in the
Page 7
1 discretion of the court up to two thousand five hundred dollars
or
2 imprisoned not more than one year, or both.
3 SECTION 3. This act takes effect October 1, 2000./
4 Renumber sections to conform.
5 Amend totals and title to conform.
6
7 JOE E. BROWN, for Committee.
8
9 STATEMENT OF ESTIMATED FISCAL IMPACT
10 ESTIMATED FISCAL IMPACT ON GENERAL FUND
11 EXPENDITURES:
12 A Cost to the General Fund (See Below)
13 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER
14 FUND EXPENDITURES:
15 A Cost of Federal and/or Other Funds (See Below)
16 RECURRING NON-RECURRING
17 General Federal/Other General Federal/Other
18 Personal Service
19 & Employer
20 Contributions $137,711 $30,000 $ 0 $ 0
21 FTE (5.00) (0) (0) (0)
22 Operating Costs 17,440 0 17,500 0
23 Other: 0 0 0 0
24 TOTAL $155,151 $30,000 $17,500 $ 0
25 EXPLANATION OF IMPACT:
26 The Department of Health & Environmental Control (DHEC)
27 estimates that there are approximately 100 tattooing facilities
28 currently located throughout the State. One annual inspection
and
29 an estimated two complaint-related inspections per year would
30 require DHEC to perform 300 inspections annually. DHEC
31 estimates that 3 inspectors, 1 Administrative Specialist and
1
32 Registered Nurse/Manager would be required to implement this
33 inspection program at a cost of $167,711 for salaries and fringe
34 benefits. Operating costs are estimated at $3,488 per FTE.
35 Therefore, recurring costs are estimated at $185,151 annually,
of
36 which $30,000 would be covered by other funds generated through
37 annual permit fees. Non-recurring costs for one-time office
set-up
38 are estimated at $3,500 per FTE. Therefore, total first year
costs
39 are estimated at $202,651.
40 Section 44-34-40(B) states that DHEC may charge an additional
41 amount if necessary to cover the cost of inspection. The impact
on
42 the General Fund of the State described above is based on the
43 assumption that DHEC would not charge an additional fee above
Page 8
1 the $300 annual permit fee. If DHEC were to charge an additional
2 fee, the impact on the general fund would be reduced by the
3 amount of revenue derived from those charges.
4
5 Approved By:
6 Don Addy
7 Office of State Budget
8
9
Page 1
1
2
3
4
5
6
7
8
9 A BILL
10
11 TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF
12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13 TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS
14 OVER TWENTY-ONE YEARS OF AGE PURSUANT TO
15 RECOMMENDATIONS FOR PREVENTING TRANSMISSION
16 OF INFECTION AND GUIDELINES FOR PREVENTION OF
17 TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
18 AND HEPATITIS B VIRUS PROMULGATED BY THE
19 CENTERS FOR DISEASE CONTROL, OR EQUIVALENT
20 GUIDELINES DEVELOPED BY THE DEPARTMENT OF
21 HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE
22 NOTICE TO PATRONS INFORMING THEM OF ANY
23 DISQUALIFICATION WHICH TATTOOING MAY CONFER
24 UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE
25 THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE
26 FORM, TO REQUIRE PROOF OF AGE FROM A
27 PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE
28 PENALTIES FOR VIOLATION OF THIS SECTION, AND TO
29 PROVIDE THAT REASONABLE RELIANCE OF PROOF OF
30 AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER
31 THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16,
32 RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY
33 ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A
34 PERSON UNDER THE AGE OF TWENTY-ONE WHO IS
35 TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1)
36 MAY BRING AN ACTION AGAINST THE PERSON
37 CONVICTED OF THE VIOLATION TO RECOVER ACTUAL
38 AND PUNITIVE DAMAGES PLUS COSTS AND
39 ATTORNEY¿S FEES.
40
41 Be it enacted by the General Assembly of the State of South
42 Carolina:
Page 2
1
2 SECTION 1. Section 16-17-700 of the 1976 Code is amended to
3 read:
4
5 ¿Section 16-17-700. (A) It is unlawful for a person to
tattoo:
6 (1) any part of the body of another person under the age of
7 twenty one without express written consent of the parent or
8 guardian of the person and unless the original written consent
is
9 kept on file, for a period of two years from the date of the
tattoo, at
10 the establishment performing the tattoo;
11 (2) any part of the head, face, or neck of another person;
12 (3) another person without first applying for and obtaining
a
13 permit issued by the South Carolina Department of Health and
14 Environmental Control. The department shall issue this permit,
15 renewable annually, to a person upon the submission of:
16 (a) a certificate of the applicant¿s successful completion
17 of a course in infection control as approved by the department;
18 (b) payment of a three hundred dollar permit fee;
19 (c) a favorable recommendation of the local governing
20 body where the business will be located. In making its
21 recommendation, the local governing body shall consider the
22 criminal background of the applicant as provided by the sheriff
of
23 the county where the applicant resides. If the background check
is
24 favorable, the local governing body must submit a favorable
25 recommendation of the applicant; and
26 (d) a certified copy of an ordinance passed by the local
27 governing body where the business will be located approving
the
28 tattooing of persons within its jurisdiction.
29 It However, it is not unlawful for a licensed physician or
30 surgeon to tattoo part of a patient¿s the body of a
person of any age
31 if in his the physician¿s or surgeon¿s medical
opinion it is
32 necessary when performing cosmetic or reconstructive surgery
or
33 appropriate, and it is not unlawful for a physician to delegate
34 tattooing procedures to an employee in accordance with Section
35 40-47-60, subject to the regulations of the State Board of
Medical
36 Examiners.
37 A person who violates the provisions of this section for a
first
38 offense is guilty of a misdemeanor and, upon conviction, must
be
39 fined in the discretion of the court not less than five hundred
40 dollars or imprisoned not more than one year, or both. For
a
41 second or subsequent offense, a person must be fined not less
than
42 five hundred dollars or imprisoned not less than one year,
or both.
43 (B) A tattoo artist conspicuously shall display:
Page 3
1 (1) a clearly legible notice to patrons informing them of any
2 disqualification which tattooing may confer upon a prospective
3 blood donor according to the current and subsequent amendments
4 to standards of the American Association of Blood Banks. This
5 notice must also appear in any informed consent or release form
6 which a tattoo artist uses;
7 (2) the certificate of successful completion of a course in
8 infection control as approved by the department; and
9 (3) the permit issued by the department pursuant to
10 subsection (A).
11 (C) A tattoo artist, in order to comply with department infection
12 control precautions, must:
13 (1) wash his hands with soap and water before and after
14 each recipient¿s procedure;
15 (2) use single-use disposable sterile or surgical style gloves
16 when performing tattoo procedures on recipients. These gloves
17 must never be washed or reused in any manner and must be
18 immediately discarded and replaced upon notice of a tear or
other
19 defect;
20 (3) use sterilized or disposable razors on individuals who
21 must undergo shaving of hair;
22 (4) clean the recipient¿s skin with a germicidal solution
23 approved by the department;
24 (5) use on each recipient either (a) sterile, disposable needles
25 and injection equipment which is designated and sterilely
26 packaged as single-use only or (b) reusable needles and injection
27 equipment only if properly sterilized by autoclave or chemical
28 germicide used in accordance with the manufacturer¿s
directions;
29 (6) dispose of the used needles and injection equipment in
30 safety puncture-proof containers as approved by the department
31 and must dispose of the used needle containers in a manner
32 prescribed by the department; and
33 (7) allow and cooperate with on-site inspections as
34 considered necessary by the department.
35 (D) A tattoo artist must not:
36 (1) use stencils to transfer designs to skin or containers
of
37 ink or dye unless separate, disposable single-use stencils
or
38 containers are used on each recipient;
39 (2) use alum or styptic pencils considered necessary to
40 control bleeding unless a separate, disposable single-use item
is
41 used on each recipient.
42 (E) A person engaged in tattooing shall verify by means of
a
43 picture identification that a recipient is at least twenty-one
years of
Page 4
1 age. For purposes of this section, ¿picture identification¿
means (a)
2 a valid South Carolina driver¿s license; or (b) an official
3 photographic identification card issued by the South Carolina
4 Department of Revenue, a federal or state law enforcement agency,
5 an agency of the United States Department of Defense, or United
6 States Department of State. Proof that the defendant demanded,
7 was shown, and reasonably relied upon proof of age is a defense
to
8 an action brought pursuant to this section.
9 (F) The department may revoke a permit or deny an application
10 for a new or renewed permit for violations of the provisions
of this
11 section. The revocation or denial may be appealed as a contested
12 case pursuant to the Administrative Procedures Act. A person
13 engaged in tattooing whose permit has been revoked or denied
14 may not reapply for a period of one year from the date of
15 revocation or denial.¿
16
17 SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended
18 by adding:
19
20 ¿Section 16-17-705. A person who is tattooed while under
the
21 age of eighteen twenty-one in violation of Section
22 16-17-700(A)(1) may bring an action in the circuit court against
23 the person convicted of the violation to recover actual damages
24 and punitive damages plus costs of the action and attorney¿s
fees,
25 subject to Section 15-3-40.¿
26
27 SECTION 3. This act takes effect upon approval by the Governor.
28 ----XX----
Page 1
1
2
3
4
5
6
7
8
9 A BILL
10
11 TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS
12 OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS
13 TO PERMIT TATTOOING OF PERSONS OVER TWENTY-ONE
14 YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR
15 PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES
16 FOR PREVENTION OF TRANSMISSION OF HUMAN
17 IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS
18 PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR
19 EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT
20 OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE
21 NOTICE TO PATRONS INFORMING THEM OF ANY
22 DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON
23 A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS
24 NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO
25 REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO
26 RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS
27 SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF
28 PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT
29 UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16,
30 RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY
31 ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A
32 PERSON UNDER THE AGE OF TWENTY-ONE WHO IS
33 TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY
34 BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE
35 VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES
36 PLUS COSTS AND ATTORNEY¿S FEES.
37
38 Be it enacted by the General Assembly of the State of South
Carolina:
39 SECTION 1. Section 16-17-700 of the 1976 Code is amended to
read:
40
41 ¿Section 16-17-700. (A) It is unlawful for a person
to tattoo:
42 (1) any part of the body of another person under the age of
twenty
43 one without express written consent of the parent or guardian
of the
44 person and unless the original written consent is kept on file,
for a period
45 of two years from the date of the tattoo, at the establishment
performing
46 the tattoo;
47 (2) any part of the head, face, or neck of another person;
Page 2
1 (3) another person without first applying for and obtaining
a
2 permit issued by the South Carolina Department of Health and
3 Environmental Control. The department shall issue this permit,
4 renewable annually, to a person upon the submission of:
5 (a) a certificate of the applicant¿s successful completion
of a
6 course in infection control as approved by the department;
7 (b) payment of a three hundred dollar permit fee; and
8 (c) a favorable recommendation of the local governing body
9 where the business will be located. In making its recommendation,
the
10 local governing body shall consider the criminal background
of the
11 applicant as provided by the sheriff of the county where the
applicant
12 resides. If the background check is favorable, the local governing
body
13 must submit a favorable recommendation of the applicant.
14 It However, it is not unlawful for a licensed physician or
surgeon to
15 tattoo part of a patient¿s the body of a person of any
age if in his the
16 physician¿s or surgeon¿s medical opinion it is
necessary when performing
17 cosmetic or reconstructive surgery.
18 A person who violates the provisions of this section for a
first offense
19 is guilty of a misdemeanor and, upon conviction, must be fined
in the
20 discretion of the court not less than five hundred dollars
or imprisoned
21 not more than one year, or both. For a second or subsequent
offense, a
22 person must be fined not less than five hundred dollars or
imprisoned not
23 less than one year, or both.
24 (B) A tattoo artist conspicuously shall display:
25 (1) a clearly legible notice to patrons informing them of any
26 disqualification which tattooing may confer upon a prospective
blood
27 donor according to the current and subsequent amendments to
standards
28 of the American Association of Blood Banks. This notice must
also
29 appear in any informed consent or release form which a tattoo
artist uses;
30 (2) the certificate of successful completion of a course in
infection
31 control as approved by the department; and
32 (3) the permit issued by the department pursuant to subsection
33 (A).
34 (C) A tattoo artist, in order to comply with department infection
35 control precautions, must:
36 (1) wash his hands with soap and water before and after each
37 recipient¿s procedure;
38 (2) use single-use disposable sterile or surgical style gloves
when
39 performing tattoo procedures on recipients. These gloves must
never be
40 washed or reused in any manner and must be immediately discarded
and
41 replaced upon notice of a tear or other defect;
42 (3) use sterilized or disposable razors on individuals who
must
43 undergo shaving of hair;
44 (4) clean the recipient¿s skin with a germicidal solution
approved
45 by the department;
46 (5) use on each recipient either (a) sterile, disposable needles
and
47 injection equipment which is designated and sterilely packaged
as single-
Page 3
1 use only or (b) reusable needles and injection equipment only
if properly
2 sterilized by autoclave or chemical germicide used in accordance
with the
3 manufacturer¿s directions;
4 (6) dispose of the used needles and injection equipment in safety
5 puncture-proof containers as approved by the department and
must
6 dispose of the used needle containers in a manner prescribed
by the
7 department; and
8 (7) allow and cooperate with on-site inspections as considered
9 necessary by the department.
10 (D) A tattoo artist must not:
11 (1) use stencils to transfer designs to skin or containers
of ink or
12 dye unless separate, disposable single-use stencils or containers
are used
13 on each recipient;
14 (2) use alum or styptic pencils considered necessary to control
15 bleeding unless a separate, disposable single-use item is used
on each
16 recipient.
17 (E) A person engaged in tattooing shall verify by means of
a picture
18 identification that a recipient is at least twenty-one years
of age. For
19 purposes of this section, ¿picture identification¿
means (a) a valid South
20 Carolina driver¿s license; or (b) an official photographic
identification
21 card issued by the South Carolina Department of Revenue, a
federal or
22 state law enforcement agency, an agency of the United States
Department
23 of Defense, or United States Department of State. Proof that
the
24 defendant demanded, was shown, and reasonably relied upon proof
of age
25 is a defense to an action brought pursuant to this section.
26 (F) The department may revoke a permit or deny an application
27 for a new or renewed permit for violations of the provisions
of this
28 section. The revocation or denial may be appealed as a contested
29 case pursuant to the Administrative Procedures Act. A person
30 engaged in tattooing whose permit has been revoked or denied
31 may not reapply for a period of one year from the date of
32 revocation or denial.¿
33
34 SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended
by
35 adding:
36
37 ¿Section 16-17-705. A person who is tattooed while under
the age of
38 eighteen twenty-one in violation of Section 16-17-700(A)(1)
may bring
39 an action in the circuit court against the person convicted
of the violation
40 to recover actual damages and punitive damages plus costs of
the action
41 and attorney¿s fees, subject to Section 15-3-40.¿
42
43 SECTION 3. This act takes effect upon approval by the Governor.
44 ----XX----
45
