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HB 382/FN/LM/CI (BR 1012) - L. Belcher, R. Adams

     AN ACT relating to body modification and making an appropriation.
     Establish KRS Chapter 317C to create new sections thereof to require persons engaging in the practice of tattooing or body piercing, or operating a body piercing or tattoo studio, to obtain a license under the chapter; define terms; prohibit practice and advertising for unlicensed persons; set out exemptions; prohibit a licensed tattoo artist from giving laser treatment, injecting Botox or collagen, performing electrolysis, microdermabrasion, or piercing unless licensed or otherwise credentialed in a profession where performance of such procedure is in the profession's scope of practice; forbid a person licensed as a tattoo artist or body piercing technician from performing extreme forms of body modification; create the Kentucky Board of Licensure for Tattooing and Body Piercing; establish membership; attach the board for administrative purposes to the Division of Occupations and Professions; establish board duties; require board to promulgate administrative regulations to ensure public safety and competence of practitioners, including standards of operation for tattoo and body piercing studios, and procedures for informed consent; require the board to promulgate administrative regulations relating to procedures to prevent tattoo or body piercing of minors under 18 without consent; mandate the board to promulgate administrative regulations relating to training of licensed persons; mandate that the Cabinet for Health and Family Services promulgate administrative regulations pertaining to health and sanitation of tattooing and body piercing studios; permit the board to employ inspectors by contracting with the cabinet and require the board or its contracted representatives to visit each facility at least twice a year; direct the board to report annually to the Governor and the Legislative Research Commission; authorize the board to investigate, schedule and conduct administrative hearings, institute civil proceedings to enjoin any violation, and prosecute violations with assistance from the Attorney General and Commonwealth's and county attorneys; establish qualifications for licensing as a tattoo artist, tattoo studio, tattoo instructor, body piercing technician, body piercing studio, and body piercing instructor; forbid licensure if convicted of any felony within the past ten years involving violence, sexual misconduct, fraud, or deceit; obligate tattoo artist and body piercing technician applicants to have completed bloodborne pathogen, first aid, and cardiopulmonary resuscitation certifications; require applicants to submit to a national and state criminal background check; mandate completion of a course of study established in administrative regulations promulgated by the board, taught by either a tattoo or body piercing instructor at a board-approved institution or school, or by an apprenticeship program sponsor one-on-one in a studio; demand completion of an apprenticeship program; establish licensure fees; establish qualifications for an apprentice program sponsor and curriculum requirements consisting of a minimum of 500 hours for the educational component of the apprenticeship program; mandate examination to determine mastery of course of study and completion of 250 hours of experience tattooing or body piercing under the direct supervision of a tattoo or body piercing apprentice sponsor; prescribe other requirements for applicants for an apprentice license; establish procedures for issuance and renewal of licenses; designate continuing education requirements for licensees; establish board's authority to impose disciplinary actions, including a fine not to exceed $500, and the grounds upon which actions may be taken; indicate further guidelines for examinations given by the board; grant reciprocity; establish board complaint process; provide penalty for any person violating the chapter as a fine not less than $50 nor more than $500, or imprisonment not less than ten days nor more than six months, or subject to both the fine and imprisonment; designate offense of tattooing or body piercing a minor without writtennotarized consent of a custodial parent or legal guardian as a Class A misdemeanor; outline conditions for an affirmative defense; provide that this chapter supersedes local government ordinances or regulations, except for those regulations relating to health and sanitation under the cabinet; specify the chapter shall not effect local government regulations relating to zoning requirements or occupational license fees; create a revolving fund account; limit use of moneys in revolving account to administration of chapter; amend KRS 211.990 to change penalty for violation of KRS 211.760 to a fine not less than $50 rather than $10 nor more than $500, or imprisonment of not less than ten days nor more than six months, or subject to both the fine and imprisonment; amend KRS 211.760 to specify applicants shall register with the local health department and then apply for licensure with the board; authorize representatives of the cabinet, or local or district health departments under a contract with the board to visit a studio during business hours to ensure compliance with health and sanitation standards; grandfather persons so anyone who is properly registered by December 31, 2012, has until January 1, 2014, to register with the tattoo or body piercing board without meeting the educational or examination requirements; EFFECTIVE JANUARY 1, 2013.

     Feb 8-introduced in House
     Feb 9-to Licensing & Occupations (H)

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