SECTIONS 119300-119309 - California Statutes

HEALTH AND SAFETY CODE

SECTION 119300-119309

119300. For purposes of this chapter, the following definitions
shall apply:
(a) "Tattooing" means to insert pigment under the surface of the
skin of a human being, by pricking with a needle or otherwise, to
produce an indelible mark or figure visible through the skin.
(b) "Body piercing" means the creation of an opening in the body
of a human being for the purpose of inserting jewelry or other
decoration. This includes, but is not limited to, piercing of an ear,
lip, tongue, nose, or eyebrow. "Body piercing" does not, for the
purpose of this chapter, include 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.
(c) "Permanent cosmetics" means the application of pigments to or
under the skin of a human being for the purpose of permanently
changing the color or other appearance of the skin. This includes,
but is not limited to, permanent eyeliner, eye shadow, or lip color.
(d) "Department" means the State Department of Health Services.

119301. The California Conference of Local Health Officers shall
establish sterilization, sanitation, and safety standards for persons
engaged in the business of tattooing, body piercing, or permanent
cosmetics. The department shall provide the necessary resources to
support the development of these standards. The California Conference
of Local Health Officers shall consult and adopt, to the extent
appropriate, the Bloodborne Pathogen Standard (Section 5193 of Title
8 of the California Code of Regulations) of the Department of
Industrial Relations, Division of Occupational Safety and Health. The
standards shall be directed at establishment and maintenance of
sterile conditions and safe disposal of instruments. The standards
may be modified as appropriate to protect consumers from transmission
of contagious diseases through cross-contamination of instruments
and supplies. The standards shall be submitted to the department for
review and consultation by July 1, 1998.

119302. Within 30 days after standards are adopted by the
department, the department shall distribute those standards in
written form to all county health departments.

119303. (a) Every person engaged in the business of tattooing, body
piercing, or permanent cosmetics shall register by December 31,
1998, with the county health department of the county in which that
business is conducted. A registrant shall do all of the following:
(1) Obtain a copy of the department's standards from the county
health department, sign an acknowledgment upon receipt of the
standards, and commit to meet the standards.
(2) Provide the county health department with his or her business
address and the address at which the registrant performs any activity
regulated by this article.
(3) Pay a one-time registration fee of twenty-five dollars ($25),
to be paid directly to the county health department.
(4) Pay an annual inspection fee of one hundred five dollars
($105) to the county health department.
(b) This section does not preclude a county from charging an
additional amount if necessary to cover the cost of registration and
inspection.
(c) Fees established by this act shall be used exclusively in
support of activities pursuant to this chapter.

119304. Every county health department shall conduct annual
inspections of the locations at which registrants under this article
conduct regulated activities.

119305. (a) A county may adopt any regulations that do not conflict
with, or are more comprehensive than, the provisions of this chapter
or with the standards adopted by the department.
(b) This chapter does not limit a county's ability to require a
registrant to obtain any business license or permit that the county
finds appropriate.
(c) In those jurisdictions where the local health officer and the
environmental health director are in separate departments, the county
or city shall have the option to choose the entity responsible for
functions pursuant to this subdivision.

119306. A person who fails to register as provided by Section
119303 or violates the sterilization, sanitation, and safety
standards after December 31, 1998, shall be subject to a civil
penalty of five hundred dollars ($500) per violation. This penalty
may be collected in an action brought by the prosecuting attorney of
any county or city and county in which the violation occurred. All
penalties collected shall be retained by the county.

119307. On or after January 1, 1999, any person seeking to engage
in the business of tattooing, body piercing, or permanent cosmetics
shall comply with the provisions of this chapter.

119308. The President of the California Conference of Local Health
Officers shall act as the chairperson of a task force to be formed
for the purpose of recommending legislation to the Legislature
concerning licensing, training, sanitation, and other subjects deemed
necessary to protect the health and welfare of persons seeking the
services of practitioners of tattooing, body piercing, and permanent
cosmetics. The task force shall be composed of 10 persons to be
appointed by the President of the California Conference of Local
Health Officers, and shall include a representative from the State
Board of Barbering and Cosmetology, a physician and surgeon licensed
in this state, a representative from a nonprofit professional body
piercers' association, a representative from a nonprofit professional
tattooists' association, a representative from a nonprofit
professional permanent cosmetic association, a representative from a
nonprofit professional cosmetology association, and a representative
from an organization representing the interests of local health
departments. The president of the California Conference of Local
Health Officers may appoint the remaining three members from any
other groups that may, in the judgment of the president, be of
assistance.

119309. This chapter does not restrict the activities of any
physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) of Division 2.