Source: Vermont Statutes : TITLE 26 Professions
and Occupations : CHAPTER 79. TATTOOISTS : § 4101. Definitions.
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§ 4101. Definitions.
As used in this chapter:
(1) "Director" means the director of the office of professional
regulation.
(2) "Disciplinary action" includes any action taken
by an administrative law officer against a registered tattooist
or applicant premised on a finding of unprofessional conduct.
Disciplinary action includes all appropriate remedies, including
denial of an application for or renewal of a registration, suspension
or revocation of a registration, limiting or conditioning of a
registration, issuing reprimands or warnings, and adopting consent
orders.
(3) "Practice of tattooing" or "practice tattooing"
means to place a permanent mark, design, or coloration of a human
being by a process of pricking or ingraining an indelible pigment
on the skin.
(4) "An administrative law officer" means an administrative
law officer established pursuant to 3 V.S.A. § 129(j).
(5) "Tattooist" means a person who practices tattooing.
(6) "Shop" means a facility regularly used to offer
or perform the practice of tattooing.
Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40,
§ 49(a); 1999, No. 52, § 38.
§ 4101. Definitions
As used in this chapter:
(1) "Director" means the director of the office of
professional regulation.
(2) "Disciplinary action" includes any action taken
by an administrative law officer against a registered tattooist
or applicant premised on a finding of unprofessional conduct.
Disciplinary action includes all appropriate remedies, including
denial of an application for or renewal of a registration, suspension
or revocation of a registration, limiting or conditioning of a
registration, issuing reprimands or warnings, and adopting consent
orders.
(3) "Practice of tattooing" or "practice tattooing"
means to place a permanent mark, design, or coloration of a human
being by a process of pricking or ingraining an indelible pigment
on the skin.
(4) "An administrative law officer" means an administrative
law officer established pursuant to 3 V.S.A. § 129(j).
(5) "Tattooist" means a person who practices tattooing.
(6) "Shop" means a facility regularly used to offer
or perform the practice of tattooing. (Added 1995, No. 79 (Adj.
Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No.
52, § 38.)
§ 4103. Director; functions; commissioner of health; rules
(a) The director shall administer the requirements of this chapter
and shall:
(1) Provide general information to applicants for registration
as tattooists.
(2) Collect fees as provided under this chapter.
(3) Explain appeal procedures to registered tattooists and applicants
and complaint procedures to the public.
(4) Receive applications for registration, register applicants
pursuant to this chapter, renew registrations, and revoke, reinstate,
or condition registrations as ordered by an administrative law
officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The director, after consultation with the commissioner of
health, shall adopt rules relating to infection control procedures
and public health practices to be followed in the practice of
tattooing in order to protect the public from communicable diseases.
The commissioner shall also recommend standards of sanitation
for tattooing facilities.
(c) The director may adopt rules necessary to perform his or
her duties under subsection (a) of this section.
(d) The director may inspect shops used for the practice of tattooing.
No fee shall be charged for initial inspections under this subsection;
however, if the director determines that it is necessary to inspect
the same premises under the same ownership more than once in any
two-year period, a reinspection fee of $100.00 may be charged.
The director may waive all or a part of the reinspection fee in
accordance with criteria established by rule. (Added 1995, No.
79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a);
1999, No. 52, § 39.)
§ 4104. Advisor appointees
(a) The secretary of state shall appoint a professional in the
field of public health and medicine, from a list of persons provided
by the commissioner of health, a registered tattooist who has
been practicing tattooing for at least the three years immediately
preceding appointment and who shall actively be engaged in the
practice of tattooing in Vermont during incumbency, and a member
of the public. The appointees shall be appointed for staggered
terms of three years to serve as advisors in matters relating
to tattooing.
(b) The director shall seek the advice of the advisor appointees
in carrying out the provisions of this chapter. The advisor appointees
shall be entitled to compensation and necessary expenses as provided
in 32 V.S.A. § 1010 for attendance at any meeting called
by the director for that purpose. (Added 1995, No. 79 (Adj. Sess.),
§ 1.)
§ 4102. Prohibitions
(a) No person shall practice tattooing unless that person is
registered in accordance with the provisions of this chapter.
(b) No person under the age of 18 may practice tattooing.
(c) A tattooist shall not tattoo a minor without the written
consent of the parent or guardian of the minor.
(d) A person who violates any of the provisions of this section
shall be fined not more than $1,000.00 for each occurrence. (Added
1995, No. 79 (Adj. Sess.), § 1.)
§ 4105. Registration
(a) A person who intends to engage in the practice of tattooing
in this state shall register with the office of professional regulation
and shall pay the required fee. Registration shall be in the form
required by the director and shall include such information as
the director may require concerning the location of the registrant's
practice, the registrant's qualification, and the nature of the
services offered.
(b) No shop shall operate in this state without first registering
with the office of professional regulation and paying a fee of
$100.00. Registration shall be in the form required by the director.
(1) No shop shall be granted registration unless the shop complies
with this chapter and rules adopted under this chapter.
(2) All shops shall have a designated registrant responsible
for overall cleanliness and sanitation of the shop.
(3) The practice of tattooing shall be permitted only in registered
shops. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1999,
No. 52, § 40.)
§ 4108. Unprofessional conduct
(a) A registered tattooist or applicant shall not engage in unprofessional
conduct.
(b) Unprofessional conduct means the following conduct and conduct
set forth in section 129a of Title 3:
(1) Using dishonest or misleading advertising.
(2) Addiction to narcotics, habitual drunkenness, or rendering
professional services to a client if the tattooist is intoxicated
or under the influence of drugs.
(3) Sexual harassment of a client.
(4) Tattooing a minor in violation of the provisions of section
4102 of this title.
(c) After hearing and upon a finding of unprofessional conduct,
an administrative law officer may take disciplinary action against
a registered tattooist or applicant. (Added 1995, No. 79 (Adj.
Sess.), § 1; amended 1997, No. 40, § 49(a); 1997, No.
145 (Adj. Sess.), § 62.)
ACT NO. 52
(H.532)
Miscellaneous Provisions; "Office Bill"
This act makes substantive changes to the statutes governing
professions attached to the office of professional regulation
within the secretary of state's office. These changes affect eligibility
and practice requirements for virtually all those professions.
Among these changes are: increase in the level of regulation of
marriage and family therapists from certified to licensed; requiring
shop licenses for tattooists; and repeal of the provision sunsetting
the naturopathic physician's practice act. In addition, this act
amends the administrative procedures act to provide that an agency
may not define unprofessional conduct by rule unless specifically
authorized by law.
Effective Date: Varied, but most take effect on July 1, 1999.
* * * Tattooists * * *(H.532)
Sec. 38. 26 V.S.A. § 4101(6) is added to read:
(6) "Shop" means a facility regularly used to offer
or perform the practice of tattooing.
Sec. 39. 26 V.S.A. § 4103(d) is added to read:
(d) The director may inspect shops used for the practice of tattooing.
No fee shall be charged for initial inspections under this subsection;
however, if the director determines that it is necessary to inspect
the same premises under the same ownership more than once in any
two-year period, a reinspection fee of $100.00 may be charged.
The director may waive all or a part of the reinspection fee in
accordance with criteria established by rule.
Sec. 40. 26 V.S.A. § 4105 is amended to read:
§ 4105. REGISTRATION
(a) A person who intends to engage in the practice of tattooing
in this state shall register with the office of professional regulation
and shall pay the required fee. Registration shall be in the form
required by the director and shall include such information as
the director may require concerning the location of the registrant's
practice, the registrant's qualification, and the nature of the
services offered.
(b) No shop shall operate in this state without first registering
with the office of professional regulation and paying a fee of
$100.00. Registration shall be in the form required by the director.
(1) No shop shall be granted registration unless the shop complies
with this chapter and rules adopted under this chapter.
(2) All shops shall have a designated registrant responsible
for overall cleanliness and sanitation of the shop.
(3) The practice of tattooing shall be permitted only in registered
shops.
