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| [ House Amendment 001 ] |
90_HB0536
New Act
5 ILCS 80/4.18 new
Creates the Tattoo Artist License Act to provide for the
regulation of tattoo artists and persons performing body
piercing by the Department of Professional Regulation through
licensure requirements.
LRB9000674DPccB
LRB9000674DPccB
1 AN ACT to create the Tattoo Artist License Act, amending
2 a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Tattoo Artist License Act.
7 Section 5. Definitions. As used in this Act:
8 "Adequate" means sufficient to fulfill the requirements
9 for a proposed end.
10 "Approved" means acceptable to the Director based on the
11 Director's determination as to conformance with applicable
12 standards and good public health practice.
13 "Aseptic technique" means a practice that prevents and
14 hinders the transmission of disease producing micro-organisms
15 from one person or place to another person or place.
16 "Body piercing" means making a hole in a part of the
17 human body, except for ears, for the purpose of inserting and
18 affixing an artificial object but not for the purpose of
19 providing health related care or treatment by a physician
20 licensed to practice medicine in all its branches, a dentist
21 licensed under the Illinois Dental Practice Act, a podiatrist
22 licensed under the Podiatric Medical Practice Act of 1987, or
23 an acupuncturist licensed under the Acupuncture Practice Act.
24 "Department" means the Department of Professional
25 Regulation.
26 "Director" means the Director of Professional Regulation
27 or a duly authorized representative.
28 "License" means a license issued to a tattoo artist under
29 this Act.
30 "Physician" means a person licensed to practice medicine
31 in all its branches under the Medical Practice Act of 1987.
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1 "Tattoo" means an indelible mark or decorative design
2 created by the introduction of dyes or pigments beneath the
3 surface of the skin with the aid of needles or other devices.
4 "Tattoo artist" means an individual who applies tattoos
5 or performs body piercing.
6 Section 10. License requirement.
7 (a) Except as otherwise provided by law, beginning
8 January 1, 1998, no person shall practice the occupation of
9 tattoo artist in this State, either gratuitously or for pay,
10 or shall announce himself or herself either publicly or
11 privately as prepared or qualified to practice that
12 occupation without a license issued by the Department under
13 this Act.
14 (b) Beginning January 1, 1998, no person shall perform
15 body piercing, except for ear piercing, without a tattoo
16 artist license issued by the Department under this Act.
17 (c) A license shall be valid from the date of issuance
18 to December 31 of the next even numbered year.
19 (d) All applications for issuance or renewal of a
20 license shall be made on forms prescribed by the Department.
21 (e) All applicants for issuance or renewal of a license
22 shall:
23 (1) Demonstrate to the satisfaction of the Director
24 that the applicant has taken an examination as prescribed
25 by the Department and received a passing score.
26 (2) Provide to the Department the address where the
27 applicant will be practicing tattooing or body piercing.
28 (f) No license shall be issued or renewed unless the
29 tattoo artist is in compliance with this Act.
30 (g) Physicians are exempt from this Act.
31 Section 13. Preexisting tattoo artists. An applicant
32 engaged in the practice of applying tattoos or performing
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1 body piercing, except for ear piercing, before the effective
2 date of this Act shall be issued a license valid through
3 December 31, 1998 upon payment to the Department of the
4 required initial license fee.
5 Section 15. Examination. Tattoo artist examinations
6 shall be administered by the Department only in January and
7 July of each year.
8 Section 20. Restoration of forfeited license. A
9 forfeited license may be restored after submission of a
10 written application for renewal and payment of the late
11 renewal fee.
12 Section 25. Restrictions.
13 (a) No tattoo artist shall apply a tattoo to or perform
14 body piercing upon any person who appears to be or admits to
15 being under the influence of intoxicating substances,
16 including but not limited to alcohol, drugs, paints, and
17 glues.
18 (b) No tattoo artist shall apply a tattoo in violation
19 of Section 12-10 of the Criminal Code of 1961.
20 Section 30. Tattooing and body piercing procedure.
21 (a) The tattoo artist shall explain the following to
22 each client before a tattoo or body piercing procedure:
23 (1) The nature of the procedure.
24 (2) Possible tissue reactions following the
25 procedure.
26 (3) The importance of after-procedure care.
27 (4) The permanency of the decision to be tattooed
28 or pierced.
29 (b) The tattoo artist shall maintain proper records of
30 each client. At a minimum, the records shall include the
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1 following information:
2 (1) The date on which the procedure was performed.
3 (2) The name, address, and age of the client.
4 (3) The design and location of the tattoo or body
5 piercing.
6 (4) The name of the tattoo artist.
7 (5) The signature of the client.
8 (c) The information required in subsection (b) shall be
9 permanently recorded and made available for examination by
10 the Director and shall be retained by the tattoo artist for
11 at least 10 years following the date of the last entry.
12 (d) All tattoo artists shall comply with the sanitation,
13 sterilization, and hygiene rules adopted by the Department.
14 Section 40. Reporting requirement. All tattoo artists
15 shall report in writing to the Department every change of the
16 principal site at which the tattoo artist is practicing
17 tattooing or body piercing. All reports shall be made no
18 later than 14 days after the change has occurred.
19 Section 45. Grounds for investigation; prosecution. The
20 Department has the power to accept, investigate, and hear
21 complaints regarding any person who is a licensed tattoo
22 artist regarding any one or more of the following
23 allegations:
24 (1) Unfitness or incompetence by reason of
25 negligence, habits, or other causes regardless of whether
26 actual damage or damage to the public is established.
27 (2) Habitual intemperance, addiction, or dependency
28 on alcohol or other habit-forming substances.
29 (3) Mental incompetence resulting in an inability
30 to practice as a tattoo artist.
31 (4) Submitting to or filing with the Department any
32 application, notice, statement, or other document
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1 containing false information when procuring or attempting
2 to procure licensure as a tattoo artist.
3 (5) Using the title "licensed tattoo artist" or any
4 designation tending to imply that the person is a
5 licensed tattoo artist when the person is not licensed or
6 the person's license has been suspended or revoked.
7 (6) Violating conditions or limitations upon which
8 licensure occurs.
9 (7) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm an individual or the public in the
12 course of providing professional services or activities.
13 (8) Having disciplinary action concerning the
14 practice of tattooing or body piercing taken against the
15 tattoo artist in another state.
16 (9) Knowingly aiding or abetting an unlicensed
17 person, conspiring with an unlicensed person, allowing
18 one's license to be used by an unlicensed person, or
19 acting as the agent or associate of an unlicensed person,
20 in order to enable the unlicensed person to evade the
21 requirements of this Act.
22 (10) Engaging in false or misleading advertising.
23 (11) Engaging in sexual conduct in connection with
24 professional services or activities.
25 Section 50. Fees.
26 (a) Each application for issuance or renewal of a
27 license shall be accompanied by payment of a fee.
28 (b) No license shall be issued or renewed unless all
29 fees required by this Act have been paid.
30 (c) In the event the applicant fails to qualify for
31 issuance or renewal of a license, no part of the fee shall be
32 refunded to the applicant.
33 (d) A biennial renewal fee for each license shall be
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1 paid to the Department on or before December 31 of each even
2 numbered year.
3 (e) Failure, neglect, or refusal of any licensee to pay
4 the biennial renewal fee on or before the date the fee is due
5 shall constitute a forfeiture of the license. Forfeiture
6 shall become effective 30 days after the delinquent licensee
7 has been served written notice by registered or certified
8 mail with return receipt requested.
9 (f) The following fees must accompany each application
10 for license issuance, renewal, or restoration:
11 (1) The fee for application for an initial license
12 is $200.
13 (2) The fee for renewal of a license is $20.
14 (3) The fee for late renewal is $100.
15 Section 55. Deposit of fees and fines; appropriations.
16 All of the fees and fines collected under this Act shall be
17 deposited into the General Professions Dedicated Fund. All
18 moneys in the Fund shall be used by the Department, as
19 appropriated, for the ordinary and contingent expenses of the
20 Department.
21 Section 60. Disposal of infectious waste. Used tattoo
22 needles and other infectious waste shall be stored, treated,
23 and disposed of in accordance with the provisions of Title XV
24 of the Environmental Protection Act that regulate the
25 management and disposal of infectious waste.
26 Section 65. Roster. The Department shall maintain a
27 roster of the names and addresses of all licensees and of all
28 persons and entities whose licenses have been suspended or
29 revoked. This roster shall be available upon written request
30 and payment of the required fee.
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1 Section 70. Department standards; rules. The Department
2 shall adopt standards for tattoo artists in the State,
3 including sanitation, sterilization, and hygiene. The
4 Department shall issue rules considered necessary for the
5 proper regulation of tattoo artists.
6 Section 75. Denial; suspension; revocation; non-renewal
7 of licenses. A license may be denied, suspended, or revoked
8 or the renewal of a license may be denied for any of the
9 following reasons:
10 (1) Violation of a provision of this Act or its
11 rules.
12 (2) Conviction of an applicant or licensee of an
13 offense arising from false, fraudulent, deceptive, or
14 misleading advertising. The record of conviction or a
15 certified copy shall be conclusive evidence of the
16 conviction.
17 (3) Revocation of a license during the previous 5
18 years, or surrender or expiration of a license during the
19 pendency of an action by the Department to revoke or
20 suspend the license during the previous 5 years, if
21 before the license was issued to the individual
22 applicant, controlling owner, or controlling combination
23 of owners of the applicant, any affiliate of the
24 individual applicant, or controlling owner of the
25 applicant, or affiliate of the applicant was a
26 controlling owner of the prior license.
27 Section 80. Investigation; hearing; notice. The
28 Department may investigate an applicant or licensee upon its
29 own motion, and shall investigate an applicant or licensee
30 upon the verified complaint in writing of any person setting
31 forth facts that if proven would constitute grounds for the
32 denial of an application for a license or refusal to renew or
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1 revocation or suspension of a license. The Department, after
2 notice and opportunity for hearing, may deny any application
3 for or suspend or revoke a license or may refuse to renew a
4 license. Before denying an application, refusing to renew a
5 license, or suspending or revoking a license, the Department
6 shall notify the applicant in writing. The notice shall
7 specify the charges or reasons for the Department's
8 contemplated action. The applicant or licensee must request
9 a hearing within 10 days of receipt of the notice. Failure
10 to request a hearing within 10 days shall constitute a waiver
11 of the right to a hearing.
12 Section 85. Conduct of hearing.
13 (a) The hearing shall be conducted by the Director, or
14 an individual designated in writing by the Director as a
15 hearing officer. The Director or hearing officer may compel
16 by subpoena or subpoena duces tecum the attendance and
17 testimony of witnesses and the production of books and papers
18 and may administer oaths to witnesses. The hearing shall be
19 conducted at a place designated by the Department. The
20 procedures governing hearings and the issuance of final
21 orders under this Act shall be in accordance with rules
22 adopted by the Department.
23 (b) All subpoenas issued by the Director or hearing
24 officer may be served as provided for in civil actions. The
25 fees of witnesses for attendance and travel shall be the same
26 as the fees for witnesses before the circuit court and shall
27 be paid by the party to the proceedings at whose request the
28 subpoena is issued. If a subpoena is issued at the request
29 of the Department, the witness fee shall be paid as an
30 administrative expense.
31 (c) In cases of refusal of a witness to attend or
32 testify, or to produce books or papers, concerning any matter
33 upon which he or she might be lawfully examined, the circuit
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1 court of the county wherein the hearing is held, upon
2 application of any party to the proceeding, may compel
3 obedience through contempt proceedings as in cases of a like
4 refusal to obey a similar order of the court.
5 Section 90. Findings of fact; conclusions of law;
6 decision. The Director or hearing officer shall make findings
7 of fact and conclusions of law in a hearing, and the Director
8 shall render his or her decision, or the hearing officer his
9 or her proposal for decision within 45 days after the
10 termination of the hearing unless additional time is required
11 by the Director or by the hearing officer for a proper
12 disposition of the matter. A copy of the final decision of
13 the Director shall be served upon the applicant or licensee
14 in person or by certified mail.
15 Section 95. Surrender of license. Upon the revocation
16 of a license, a license holder shall be required to surrender
17 the license to the Department, and upon his or her failure or
18 refusal to do so, the Department shall have the right to
19 seize the same.
20 Section 100. Review under Administrative Review Law;
21 venue; costs. All final administrative decisions of the
22 Department under this Act shall be subject to judicial review
23 under the provisions of Article III of the Code of Civil
24 Procedure. The term "administrative decision" is defined as
25 under Section 3-101 of the Code of Civil Procedure.
26 Proceedings for judicial review shall be commenced in the
27 circuit court of the county in which the party applying for
28 review resides. If the party is not a resident of this State,
29 the venue shall be in Sangamon County.
30 The Department shall not be required to certify any
31 record or file any answer or otherwise appear in any
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1 proceeding for judicial review unless the party filing the
2 complaint deposits with the clerk of the court the sum of 95
3 cents per page representing costs of certification of the
4 record or file. Failure on the part of the plaintiff to make
5 the deposit shall be grounds for dismissal of the action.
6 Section 105. Administrative Procedure Act; application.
7 The provisions of the Illinois Administrative Procedure Act
8 are hereby expressly adopted and shall apply to all
9 administrative rules and procedures of the Department under
10 this Act.
11 Section 110. Civil penalties; fines. The Department
12 shall establish and assess civil penalties or fines against a
13 licensee for violations of this Act or rules adopted under
14 this Act. In no circumstance will any penalties or fines
15 exceed $1,000 per day for each day the licensee remains in
16 violation.
17 Section 120. Severability. The provisions of this Act
18 are severable under Section 1.31 of the Statute on Statutes.
19 Section 200. The Regulatory Agency Sunset Act is amended
20 by adding Section 4.18 as follows:
21 (5 ILCS 80/4.18 new)
22 Sec. 4.18. Act repealed on January 1, 2008. The
23 following Act is repealed on January 1, 2008:
24 The Tattoo Artist License Act.