Illinois General Assembly - Full Text of HB3375
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Full Text of HB3375  99th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Tattoo and Body Piercing Establishment
5Registration Act is amended by changing Sections 10, 15, 25,
635, 40, and 80 as follows:
7    (410 ILCS 54/10)
8    Sec. 10. Definitions. In this Act:
9    "Aseptic technique" means a practice that prevents and
10hinders the transmission of disease-producing microorganisms
11from one person or place to another.
12    "Body piercing" means penetrating the skin to make a hole,
13mark, or scar that is generally permanent in nature. "Body
14piercing" does not include practices that are considered
15medical procedures or the puncturing of the outer perimeter or
16lobe of the ear using a pre-sterilized, single-use stud and
17clasp ear piercing system.
18    "Client" means the person, customer, or patron whose skin
19will be tattooed or pierced.
20    "Communicable disease" means a disease that can be
21transmitted from person to person directly or indirectly,
22including diseases transmitted via blood or body fluids.
23    "Department" means the Department of Public Health or other



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1health authority designated as its agent.
2    "Director" means the Director of Public Health or his or
3her designee.
4    "Establishment" means a body-piercing operation, a
5tattooing operation, or a combination of both operations in a
6multiple-type establishment.
7    "Ink cup" means a small container for an individual portion
8of pigment that may be installed in a holder or palette and in
9which a small amount of pigment of a given color is placed.
10    "Multi-type establishment" means an operation encompassing
11both body piercing and tattooing on the same premises and under
12the same management.
13    "Person" means any individual, group of individuals,
14association, trust, partnership, corporation, or limited
15liability company.
16    "Procedure area" means the immediate area where
17instruments and supplies are placed during a procedure.
18    "Operator" means an individual, partnership, corporation,
19association, or other entity engaged in the business of owning,
20managing, or offering services of body piercing or tattooing.
21    "Sanitation" means the effective bactericidal and
22veridical treatment of clean equipment surfaces by a process
23that effectively destroys pathogens.
24    "Single use" means items that are intended for one time and
25one person use only and are to then be discarded.
26    "Sterilize" means to destroy all living organisms



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1including spores.
2    "Tattooing" means making permanent marks on the skin of a
3live human being by puncturing the skin and inserting indelible
4colors. "Tattooing" includes imparting permanent makeup on the
5skin, such as permanent lip coloring and permanent eyeliner.
6"Tattooing" does not include any of the following:
7        (1) The practice of electrology as defined in the
8    Electrology Licensing Act.
9        (2) The practice of acupuncture as defined in the
10    Acupuncture Licensing Act.
11        (3) The use, by a physician licensed to practice
12    medicine in all its branches, of colors, dyes, or pigments
13    for the purpose of obscuring scar tissue or imparting color
14    to the skin for cosmetic, medical, or figurative purposes.
15(Source: P.A. 94-1040, eff. 7-1-07.)
16    (410 ILCS 54/15)
17    Sec. 15. Registration required.
18    (a) A certificate of registration issued by the Department
19shall be required prior to the operation of any establishment
20or multi-type establishment. The operator owner of the facility
21shall file an application for a certificate of registration
22with the Department that shall be accompanied by the requisite
23fee, as determined by the Department, and include all of the
24following information:
25        (1) The applicant's (operator) (owner) name, address,



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1    telephone number, and age. In order to qualify for a
2    certificate of registration under this Act, an applicant
3    must be at least 18 years of age.
4        (2) The name, address, and phone number of the
5    establishment.
6        (3) The type and year of manufacture of the equipment
7    proposed to be used for tattooing or body piercing.
8        (4) The sterilization and operation procedures to be
9    used by the establishment.
10        (5) Any other information required by the Department.
11    (b) If the operator owner owns or operates more than one
12establishment, the operator owner shall file a separate
13application for each facility owned or operated.
14(Source: P.A. 94-1040, eff. 7-1-07.)
15    (410 ILCS 54/25)
16    Sec. 25. Operating requirements. All establishments
17registered under this Act must comply with the following
19        (1) The operator of an An establishment must ensure
20    that all body piercing and tattooing procedures are
21    performed in a clean and sanitary environment that is
22    consistent with sanitation techniques established by the
23    Department.
24        (2) The operator of an An establishment must ensure
25    that all body piercing and tattooing procedures are



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1    performed in a manner that is consistent with an aseptic
2    technique established by the Department.
3        (3) The operator of an An establishment must ensure
4    that all equipment and instruments used in body piercing
5    and tattooing procedures are either single use and
6    pre-packaged instruments or in compliance with
7    sterilization techniques established by the Department.
8        (4) The operator of an An establishment must ensure
9    that single use ink is used in all tattooing procedures.
10(Source: P.A. 94-1040, eff. 7-1-07.)
11    (410 ILCS 54/35)
12    Sec. 35. Expiration and renewal of registration; display.
13    (a) A certificate of registration issued under this Act
14shall expire and may be renewed annually. The Department may
15assess a late fee if the renewal application and renewal fee
16are not submitted on or before the registration expiration
17date. The Department shall by rule determine the amount of the
18fee assessed under this subsection (a).
19    (b) Registration is valid for a single location and only
20for the operator named on the certificate. Registration is not
22    (c) The certificate of registration issued by the
23Department shall be conspicuously displayed within the sight of
24clients upon entering the establishment.
25(Source: P.A. 94-1040, eff. 7-1-07.)



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1    (410 ILCS 54/40)
2    Sec. 40. Change of operator ownership. In the event of a
3change of operator ownership, the new operator owner must apply
4for a certificate of registration prior to taking possession of
5the property. A provisional certificate of registration may be
6issued by the Department until an initial inspection for a
7certificate of registration can be performed by the Department
8or its designee.
9(Source: P.A. 94-1040, eff. 7-1-07.)
10    (410 ILCS 54/80)
11    Sec. 80. Penalties; fines. The Department is authorized to
12establish and assess penalties or fines against any person who
13violates this Act or rules adopted a registrant for violations
14of this Act or regulations adopted under this Act. In no
15circumstance will any penalties or fines exceed $1,000 per day
16for each day the registrant remains in violation continues.
17(Source: P.A. 94-1040, eff. 7-1-07.)