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REFERENCE TITLE: physical body adornment; establishments; certification |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2510 |
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Introduced by Representative Butler
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AN ACT
Amending title 36, Arizona Revised Statutes, by adding chapter 16; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 16, to read:
CHAPTER 16
BODY ART ESTABLISHMENTS
ARTICLE 1. GENERAL PROVISIONS
36-1801. Definitions
In this article, unless the context otherwise requires:
1. "Body art":
(a) Means the practice of physical body adornment by body piercing, tattooing, cosmetic tattooing, permanent skin coloring, branding and scarification.
(b) Does not include practices that are any of the following:
(i) Considered by a state medical board to be medical procedures.
(ii) Noninvasive forms of painting through the use of dyes or inks.
(iii) Considered by the board of cosmetology to be aesthetics, cosmetology or nail technology.
2. "Body art establishment" means any place where body art is performed, whether or not for profit, under the direction of a body art establishment operator.
3. "Body art establishment employee" means a person who practices body art at a body art establishment under the direction of a body art establishment operator.
4. "Body art establishment Operator" means a person who controls, operates, manages or practices body art activities at a body art establishment.
5. "Body piercing" means puncturing or penetrating a person's skin with a needle or sharpened jewelry and inserting jewelry or another adornment in the opening. Body piercing includes ear piercing.
6. "Ear piercing" means the puncturing of the outer perimeter or lobe of the ear with a needle.
7. "Local public health department" means a local health department established pursuant to chapter 1, article 4 of this title or a county environmental department.
8. "Tattooing" means any method of placing ink or other pigment into or under the skin or mucosa to permanently color the skin or mucosa by using a needle or any other instrument to puncture the skin. Tattooing includes all forms of cosmetic tattooing and permanent skin coloring such as eyeliner, eyebrows, lip liner, full lip color, repigmentation or camouflage.
36-1802. Certificates of operation required; application; fees; posting
A. Beginning January 1, 2023, a body art establishment operator who wishes to operate a body art establishment shall have a current certificate of operation issued by a local public health department. A body art establishment operator who wishes to operate more than one body art establishment shall have a separate certificate of operation for each establishment.
B. A local public health department may establish fees relating to body art establishment certificates of operation.
C. An applicant for a certificate of operation shall file a completed application as required by the local public health department and shall include the application fee as prescribed by the local public health department.
D. A certificate of operation issued pursuant to this section is not transferable.
E. The body art establishment operator shall post the certificate of operation and a report of the most recent inspection, if applicable, in a prominent and conspicuous area of the body art establishment where clients may readily observe them.
36-1803. Minimum standards for operation; county rules
A. Each local public health department shall adopt rules that prescribe minimum standards regarding all of the following that body art establishments must comply with as a condition of operation:
1. Sanitation.
2. Pest control.
3. Proper disposal of equipment and bodily fluids.
4. Sterilization of equipment and surface areas.
5. Recordkeeping and other business procedures.
6. Body art establishment employee requirements.
7. Required annual training on bloodborne pathogens that includes at least the following:
(a) Training conducted by a person or persons who are knowledgeable in exposure control and infection prevention in the body art setting and who are approved by the local public health department.
(b) Training and training materials specific to performing body art that include a copy of the occupational safety and health administration bloodborne pathogens standard (29 Code of Federal Regulations section 1910.1030) and a copy and explanation of applicable county, city or town ordinances that pertain to transmission control of bloodborne pathogens in body art.
(c) A discussion of the transmission, control and symptoms of diseases that are caused by bloodborne pathogens and the types and uses of personal protective equipment, such as disposable gloves, including an explanation of the limits of the equipment.
(d) Information on signage required for biohazard materials and the importance of properly labeling chemicals and supplies.
B. A county that regulates body art establishments shall adopt standards that are at least as stringent as those prescribed in subsection A of this section.
36-1804. Investigations; inspections; penalties
A. To determine compliance with the requirements of this article, a local public health department may receive and investigate complaints, initiate and conduct investigations and enter and inspect a body art establishment or temporary body art establishment during business hours.
B. If the local public health department believes, pursuant to an inspection or investigation, that a body art establishment operator is in violation of this article or rules adopted by the local public health department, the local public health department may do any of the following:
1. If the local public health department determines that the violation does not pose a risk to the public health or safety, notify the body art establishment operator in writing of its findings and instruct the operator to take specific steps to correct the violation within a reasonable time.
2. Issue a cease and desist order.
3. Impose a civil penalty as prescribed by ordinance for each violation of this article. In addition, the local public health department may assess and collect the reasonable costs incurred in a disciplinary hearing if action is taken against a person's certificate of operation.
4. Accept the voluntary surrender of a certificate of operation.
5. If the local public health department determines that the public health or safety requires immediate action, order the summary suspension of a certificate of operation or the restriction of the body art establishment operator's business operation pending a hearing.
36-1805. Local government regulation
A. This article does not prohibit a city, town or county from adopting and enforcing ordinances affecting body art establishments, locations or settings in which individuals, entities or businesses engage in the practice of body art.
B. A city, town or county may impose ordinances that are more stringent than the rules adopted by the local public health department pursuant to this article.