09RS HB241
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HB241

09RS

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HB 241/LM (BR 272) - R. Adams

     AN ACT relating to body modifications and making an appropriation therefor.
     Establish KRS Chapter 317C to create new sections thereof to require persons engaging in the practices of tattooing or body piercing or operating a body piercing or tattoo studio to obtain a license under the chapter; set out exemptions; prohibit a licensed tattoo artist from giving laser treatment, injecting Botox, and from performing permanent cosmetic tattoos; create board; establish membership; attach board for administrative purposes to the Division of Occupations and Professions; establish board duties; promulgate administrative regulations to ensure public safety and competence of the practitioners; require the board to promulgate administrative regulations relating to the training of persons licensed; establish qualifications for licensing as a tattoo artist, tattoo studio, tattoo instructor, body piercing technician, and body piercing studio; establish procedures for issuance and renewal of licenses; establish board's authority to impose disciplinary actions and the grounds upon which the actions may be taken; require that the provisions of this chapter supersede local government ordinances, except for those relating to occupational license fees and zoning requirements; create a revolving account; limit use of moneys in revolving account to administration of chapter; repeal KRS 211.760 and amend KRS 211.990 to conform.

HB 241 - AMENDMENTS


     HFA (1, R. Adams) - Exclude from the definition of body piercing the penetration of the lower lobe of the ear to make a hole.

     SCS/LM - Retain original provisions, except remove the inconsistent prohibition on the performance of "permanent cosmetic tattoo" procedures by tattoo artists; delete the accompanying definition of a permanent cosmetic tattoo; narrow the prohibition on performing cosmetic procedures such collagen injections, electrolysis, and microdermabrasion to apply to only tattoo artists licensed under the new chapter; exempt from tattoo artist licensure any person who is licensed or otherwise credentialed in a profession where a listed cosmetic procedure is within that profession's scope of practice; appoint one tattoo artist board member who exclusively performs permanent makeup under his or her tattoo license; make appeals and requests for injunctions to the Circuit Court of the county where the alleged violation occurred; correct the tattoo artist licensing fee to read a maximum of $125 rather than a minimum of $125; include a continuing education requirement for body piercing technicians, not to exceed 6 hours per year; extend the grandfathering period so that anyone who is properly registered under the old scheme by December 31, 2009, has until January 1, 2011, to register with the tattoo and body piercing board without meeting the educational and examination requirements; retain normal effective date for board creation and rule establishment, but make enforcement provisions and repeals of existing laws EFFECTIVE JANUARY 1, 2010.

     SFA (1/Title, E. Tori) - Make title amendment.

     SFA (2, E. Tori) - Attach the provisions of SB 79/GA which creates a new section of KRS Chapter 311 to specify how the phrase "individual, private setting" shall be interpreted in informed consent situations; create a new section of KRS Chapter 311 to require an ultrasound prior to an abortion; amend KRS 311.990 to provide a criminal penalty.

     Feb 4-introduced in House
     Feb 5-to Licensing & Occupations (H)
     Feb 6-posted in committee
     Feb 11-reported favorably, 1st reading, to Calendar
     Feb 12-2nd reading, to Rules; floor amendment (1) filed
     Feb 13-posted for passage in the Regular Orders of the Day for Monday, February 23, 2009
     Feb 24-3rd reading, passed 97-0 with floor amendment (1)
     Feb 25-received in Senate
     Feb 27-to Licensing, Occupations & Administrative Regulations (S)
     Mar 3-taken from committee; 1st reading; returned to Licensing, Occupations & Administrative Regulations (S)
     Mar 6-reported favorably, 2nd reading, to Rules with Committee Substitute as a Consent Bill
     Mar 12-floor amendment (2) filed to Committee Substitute, floor amendment (1) filed
     Mar 13-posted for passage in the Regular Orders of the Day for Friday, March 13, 2009; 3rd reading, passed 34-1 with Committee Substitute, floor amendments (1-title) and (2) ; received in House

Vote History
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