ASSEMBLY, No. 2546
STATE OF NEW JERSEY
INTRODUCED DECEMBER 5, 1996
By Assemblywomen CRECCO, ALLEN, Assemblymen Bodine, Bucco, Kavanaugh, Assemblywoman Heck, Assemblymen Kelly and DeSopo
An Act providing for the licensing of persons engaged in tattooing and body piercing and supplementing chapter 9 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Tattooing and Body Piercing Practice Act."
2. As used in this act:
"Board" means the State Board of Medical Examiners.
"Body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration and includes, but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. "Body piercing" does not mean piercing an ear with a disposable single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
"Body piercing artist" means any person licensed to practice body piercing pursuant to the provisions of this act.
"Committee" means the Tattooing and Body Piercing Advisory Committee established pursuant to section 3 of this act.
"Office" means any fixed establishment or place where one or more persons engage in the practice of tattooing or body piercing.
"Tattooing" means the insertion of pigment under the surface of the skin of a person, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.
"Tattoo artist" means any person who is licensed to practice tattooing pursuant to the provisions of this act.
3. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, under the State Board of Medical Examiners, a "Tattooing and Body Piercing Advisory Committee." The committee shall consist of five members who are residents of this State as follows: two physicians licensed to practice medicine or surgery pursuant to chapter 9 of Title 45 of the Revised Statutes; one tattoo artist; one body piercing artist; and one public member to represent consumer interests. For at least four years prior to each of their appointments, the tattoo artist member shall be actively engaged in the delivery of tattooing services and the body piercing artist member shall be actively engaged in the delivery of body piercing services in this State.
The Governor shall appoint each committee member for a term of three years, except that of the five members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided by the original appointment. No member of the committee may serve more than two successive terms in addition to any unexpired term to which he has been appointed.
4. The committee shall annually elect from among its members a chairperson. The committee shall meet at least twice a year and shall also meet upon the request of the Board of Medical Examiners or the Attorney General. The board shall provide the committee the facilities and personnel required for the proper conduct of its business.
5. The board shall authorize reimbursement of the members of the committee for their actual expenses incurred in connection with the performance of their duties as members of the committee.
6. The committee may have the following powers and duties, as delegated by the board:
a. evaluate and pass upon the qualifications of applicants for licensure;
b. adopt and administer examinations to be taken by applicants for licensure;
c. issue and renew biennial licenses for tattoo artists and body piercing artists pursuant to this act;
d. refuse to admit a person to an examination or refuse to issue or suspend, revoke, or fail to renew the license of a tattoo artist or body piercing artist pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);
e. approve tattooing and body piercing education programs offered within the State;
f. maintain a record of every tattoo artist and body piercing artist licensed in this State, their places of business, places of residence and the date and number of their license;
g. maintain a record of all offices licensed by the board to offer the services provided within the definition of tattooing and body piercing;
h. take disciplinary action, in accordance with P.L.1978, c.73 (45:1-14 et seq.) against a tattoo artist or body piercing artist who violates any provision of this act;
i. approve the types of instruments and procedures permitted in the practice of tattooing or body piercing;
j. direct the conduct of inspections or investigations of any premises from which the board may have reason to believe that tattooing or body piercing services are being offered;
k. direct the conduct of inspections or investigations of all licensed offices;
l. administer and enforce the provisions of this act; and
m. any other powers and duties delegated by the board.
7. a. No person shall practice tattooing or body piercing, whether or not compensation is received or expected, unless the person holds a valid license to practice in this State, except nothing in this act shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed, regulated or certified.
b. No person shall use the titles "licensed tattoo artist" or "licensed body piercing artist," or any other title, designation, words, letters, abbreviations or insignia indicating the practice of tattooing or body piercing, unless licensed to practice under the provisions of this act.
c. No person shall operate, maintain or use premises for the rendering of any service provided in the definition of tattooing or body piercing without first having secured an office license from the board.
d. In addition to the provisions of section 8 of P.L.1978, c.73 (C.45:1-21), the board may refuse to grant or may suspend or revoke a license to practice tattooing or body piercing upon proof to the satisfaction of the board that the holder thereof has:
(1) employed unlicensed persons to practice tattooing or body piercing, or supervised or aided an unlicensed person in the practice of tattooing or body piercing;
(2) advertised the practice of tattooing or body piercing so as to disseminate false, deceptive or misleading information;
(3) used instruments or procedures in the practice of tattooing or body piercing that are not approved by the board;
(4) maintained an office in a manner which is unsafe or unsanitary; or
(5) acted in a manner inconsistent with standards for the practice of tattooing or body piercing approved by the board.
8. To be eligible for licensure as a tattoo artist, an applicant shall fulfill the following requirements:
a. be at least 18 years of age;
b. be of good moral character;
c. have successfully completed high school or its equivalent;
d. (1) have successfully completed a tattooing education program approved by the board, in consultation with the committee; or
(2) have completed in another state a tattooing education program determined by the board to be satisfactory; and
e. have passed an examination administered or approved by the board to determine the applicant's competence to practice tattooing.
9. To be eligible for licensure as a body piercing artist, an applicant shall fulfill the following requirements:
a. be at least 18 years of age;
b. be of good moral character;
c. have successfully completed high school or its equivalent;
d. (1) have successfully completed a body piercing education program approved by the board, in consultation with the committee; or
(2) have completed in another state a body piercing education program determined by the board to be satisfactory; and
e. have passed an examination administered or approved by the board to determine the applicant's competence to practice body piercing.
10. Upon payment to the board of a fee and the submission of a written application provided by the board, the board shall issue a tattoo artist license to any person who:
a. Holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State, if the applicant has not previously failed the board examination as provided in section 8 of this act. If the applicant has failed an examination for tattooing referred to in those sections, licensing shall be at the discretion of the board, in consultation with the committee; or
b. Applies for licensure within 180 days of the effective date of this act, is a resident of this State, is of good moral character and has been actively engaged in the practice of tattooing for at least five years immediately preceding the date of application for licensure.
11. Upon payment to the board of a fee and the submission of a written application provided by the board, the board shall issue a body piercing artist license to any person who:
a. Holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State, if the applicant has not previously failed the board examination as provided in section 9 of this act. If the applicant has failed an examination for body piercing referred to in those sections, licensing shall be at the discretion of the board, in consultation with the committee; or
b. Applies for licensure within 180 days of the effective date of this act, is a resident of this State, is of good moral character and has been actively engaged in the practice of body piercing for at least five years immediately preceding the date of application for licensure.
12. The examinations required by sections 8 and 9 of this act shall include a written practical examination which shall test the applicant's knowledge of the theory and clinical practice of tattooing or body piercing, as the case may be. Examinations shall be held within the State at least twice a year at a time and place to be determined by the board, in consultation with the committee. The board shall give adequate written notice of each of the examinations to applicants for licensure and examination.
An applicant who fails the initial tattooing or body piercing examination or a section of the examination may retake the section or the entire examination upon payment to the board of the prescribed fee. If an applicant fails the examination twice, the applicant may take a third examination only if he retakes the entire examination.
13. a. The board shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses or other services provided by the board or the committee pursuant to the provisions of this act. Licenses shall be issued for a period of two years and be biennially renewable, except that the board may, in order to stagger the expiration dates thereof, provide that those licenses first issued or renewed after the effective date of this act shall expire or become void on a date fixed by the board, not sooner than six months nor later than 29 months after the date of issue.
b. Fees shall be established, prescribed or changed by the board to the extent necessary to defray all proper expenses incurred by the committee, the board and any staff employed to administer this act, except that fees shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
c. All fees and any fines imposed by the board shall be paid to the board and shall be forwarded to the State Treasurer and become part of the General Fund.
14. The board, in consultation with the committee, shall issue a license to any applicant who in the opinion of the board has satisfactorily met all the requirements of this act. The license shall indicate whether the holder is licensed as a tattoo artist or a body piercing artist. The holder of a tattoo artist's license is authorized to practice tattooing during the licensure period, and the holder of a body piercing license is authorized to practice body piercing during the licensure period.
15. A person shall not operate, maintain or use premises for the rendering of any service provided in the definition of tattooing or body piercing without having first secured an office license. To be eligible for an office license, a person intending to open and operate an office shall:
a. Make application to the board on forms as it may require, demonstrating that the physical premises and the operation of the office will meet the criteria as recommended by the "Universal Precautions for Infection Control" established by the Center for Disease Control;
b. Permit inspections of the premises; and
c. Pay fees as may be required by the board.
16. The provisions of the uniform enforcement law, P.L.1978, c.73 (C.45:1-14 et seq.) shall apply to this act.
17. The board, after consultation with the committee, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act.
18. This act shall take effect immediately, except that section 7 shall take effect on the 360th day following enactment.
STATEMENT
This bill provides for the licensing of tattoo artists and body piercing artists. It establishes a five-member "Tattooing and Body Piercing Advisory Committee" in the Division of Consumer Affairs in the Department of Law and Public Safety, under the jurisdiction of the State Board of Medical Examiners. The committee is to consist of five members: two physicians, one tattoo artist, one body piercing artist, and one public member who will represent consumer interests. The committee will advise the Board of Medical Examiners regarding standards of practice, licensing qualifications, tattooing and body piercing education programs and inspections of the offices of tattoo and body piercing artists.
To be eligible for a tattoo artist's or body piercing artist's license, an applicant must be at least 18 years old, of good moral character, and have obtained a high school diploma or its equivalent. Each applicant must also have successfully completed a tattoo or body piercing education program, as the case may be. Additionally, applicants must pass an examination administered or approved by the Board of Medical Examiners.
"Tattooing" is defined in the bill as the insertion of pigment under the surface of the skin of a person by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin. "Body piercing" is defined in the bill as the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration and includes, but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. "Body piercing" does not mean piercing an ear with a disposable single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
The bill prohibits anyone from practicing tattooing or body piercing or using the titles "licensed tattoo artist" or "licensed body piercing artist" or any other title, designation, words, letters, abbreviations or insignia indicating the practice of tattooing or body piercing unless duly licensed. The bill further provides that nothing in the act shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed.
In addition, the bill stipulates that no person shall operate a tattooing or body piercing office without obtaining an office license under the act. The bill further provides that the Board of Medical Examiners shall set minimum criteria for the operation and physical premises of offices, and may inspect offices.
Applicants who apply for licensure within 180 days of the bill's effective date may be granted a license without sitting for an examination under certain circumstances.
"Tattooing and Body Piercing Practice Act."