State Of Mississippi
§ 73-61-1. Tattooing.
(1) No person
shall place a tattoo upon the body of a human for compensation within the
State of Mississippi without first registering with the State Department of
Health. The facility or premises in which
tattooing
is to be performed shall be specified in the registration, and the
registered person shall be authorized to perform
tattooing
only in the specified facility or premises. For the purposes of this
section, "
tattooing"
means to make indelible marks or designs on or visible through the skin of a
human by puncturing or pricking the skin with a needle or other instrument
and inserting ink or other pigments, and "tattoo" means the indelible mark
or design so produced. Registrations shall be valid for one (1) year, and
each person registered under this section shall pay an annual registration
fee to the department in an amount set by the department, but not to exceed
One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all
registered persons.
(2) The State
Board of Health shall promulgate rules and regulations relating to:
(a) Health,
cleanliness and general sanitation of the facilities or premises in which
tattooing
is performed or to be performed;
(b) Sterilization
of tattooing
apparatus and safe disposal of
tattooing
apparatus;
(c) Procedures to
prevent the transmission of disease or infection during or relating to
tattooing
procedures, specifically including, but not limited to, transmission of
Hepatitis B and the human immunodeficiency virus (HIV); and
(d) Such other
administrative provisions as may be necessary to protect public health or
properly administer the requirements of this section.
(3)
Representatives of the department may visit any facility or premises in
which
tattooing
is performed at any time during business hours to ensure compliance with the
requirements of this section and the rules and regulations promulgated under
this section. Representatives of the department shall visit each facility or
premises in which
tattooing
is performed not less than once each year to inspect for such compliance.
The department may suspend or revoke the registration of any person found to
be violating any of the rules or regulations promulgated under this
section.
(4) It shall be
unlawful for any person to place a tattoo upon the body of any person under
the age of eighteen (18) years.
(5) Any person who
places a tattoo upon the body of a human for compensation without first
registering with the department or after his registration has been suspended
or revoked by the department, or any person who places a tattoo upon the
body of any person in violation of subsection (4) of this section, is guilty
of a misdemeanor and, upon conviction, shall be punished by a fine of not
less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00).
(6) The department
is authorized to bring an action for an injunction under the provisions of
Sections 73-51-1 through
73-51-5 to prohibit any person who is required to be registered under
this section from performing
tattooing
without first registering with the department or after his registration has
been suspended or revoked by the department.
(7) This section
shall not apply to physicians licensed to practice medicine in Mississippi
in the performance of their professional duties.
Sources:
Laws, 1994, ch. 342, § 1, eff from and after July 1, 1994.
PROFESSIONAL LICENSURE
Problem: Professional licensure protects the general public
from unethical and unqualified practitioners. Licensure programs ensure that
certain minimum standards are maintained in professional practice.
Existing Services: The Professional Licensure program licenses
speech-language pathologists, audiologists, dietitians, hearing aid dealers,
occupational therapists and assistants, physical therapists and assistants,
respiratory care practitioners, and athletic trainers. The program certifies eye
nucleators and registers audiology aides, apprentice athletic trainers,
speech-language pathology aides, radiation technologists,
tattoo artists, and
tattoo parlors. Staff process more than 8,000 license applications each
year, investigate all complaints related to the disciplines licensed, and
provide public information seminars to schools and professional organizations as
requested.
To inspect all tattoo facilities in the district
FY 1998 Objectives:
To continue to develop, refine, and implement policies/procedures for
administering the professional licensure programs.
To continue developing programs and procedures to meet the unique needs of
impaired professionals.
To refine established reporting procedures to notify the national data bank
and various state and national professional organizations regarding disciplinary
action taken against an individual's license.
To continue to refine procedures for receiving and investigating complaints
against licensees.
To continue review of enabling statutes regarding disciplines licensed by the
branch with the appropriate advisory council and in accordance with the
Administrative Practices Act, and make recommendations to the Board of Health
for legislative amendments to be pursued during the 1998 legislative session.
To continue to review and refine regulations governing the licensure of the
various disciplines regulated by the branch and make recommendations to the
Board of Health for appropriate amendments.
To continue to upgrade and refine the written guidelines and procedures for
continuing education requirements in all existing professional licensure
programs.
To continue to develop working relationships with national professional
organizations regarding the implementation of uniform testing requirements for
the licensing programs requiring such testing.
To continue developing efficient computer use to establish a quality
electronic database to produce detailed reports on the licensure programs and
maintain detailed files on licensees and applicants.
To enhance computer capability to include a local area network (LAN) and wide
area network (WAN).
To become part of a computer communications network with other state
licensing authorities and organizations involved in monitoring licensing related
activities.
To continue to train all staff in proper methods of investigating complaints
and making complaint reports.
To continue to train all staff in the proper use of PCs to maintain records
and produce meaningful statistical reports on the licensure program.
To continue to develop more efficient methods of communicating with
individuals licensed by the branch and with the public regarding the purposes of
the licensing program and enforcement of regulations.
To continue establishing reciprocity agreements with other states as
required.
To establish in-house printing of license certificates for all disciplines.
MISSISSIPPI LEGISLATURE
2000 Regular Session
To: Public Health and Welfare
By: Representative Green
Mississippi
Code of 1972
TITLE 73 PROFESSIONS AND VOCATIONS
CHAPTER 61 TATTOOING AND BODY PIERCING
73-61-1. Tattooing.
(1) No person shall place a tattoo upon the body of a human for
compensation within the State of Mississippi without first registering
with the State Department of Health. The facility or premises in which
tattooing is to be performed shall be specified in the registration,
and the registered person shall be authorized to perform tattooing
only in the specified facility or premises. For the purposes of this
section, "tattooing" means to make indelible marks or designs on or
visible through the skin of a human by puncturing or pricking the skin
with a needle or other instrument and inserting ink or other pigments,
and "tattoo" means the indelible mark or design so produced.
Registrations shall be valid for one (1) year, and each person
registered under this section shall pay an annual registration fee to
the department in an amount set by the department, but not to exceed
One Hundred Fifty Dollars ($150.00), which fee shall be uniform for
all registered persons.
(2) The State Board of Health shall promulgate rules and regulations
relating to:
(a) Health, cleanliness and general sanitation of the facilities or
premises in which tattooing is performed or to be performed;
(b) Sterilization of tattooing apparatus and safe disposal of
tattooing apparatus;
(c) Procedures to prevent the transmission of disease or infection
during or relating to tattooing procedures, specifically including,
but not limited to, transmission of Hepatitis B and the human
immunodeficiency virus (HIV); and
(d) Such other administrative provisions as may be necessary to
protect public health or properly administer the requirements of this
section.
(3) Representatives of the department may visit any facility or
premises in which tattooing is performed at any time during business
hours to ensure compliance with the requirements of this section and
the rules and regulations promulgated under this section.
Representatives of the department shall visit each facility or
premises in which tattooing is performed not less than once each
year to inspect for such compliance. The department may suspend or
revoke the registration of any person found to be violating any of the
rules or regulations promulgated under this section.
(4) It shall be unlawful for any person to place a tattoo upon the
body of any person under the age of eighteen (18) years.
(5) Any person who places a tattoo upon the body of a human for
compensation without first registering with the department or after
his registration has been suspended or revoked, by the department, or
any person who places a tattoo upon the body of any person in
violation of subsection (4) of this section, is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not
less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00).
(6) The department is authorized to bring an action for an
injunction under the provisions of Sections 73-51-1 through 73-51-5 to
prohibit any person who is required to be registered under this
section from performing tattooing without first registering with the
department or after his registration has been suspended or revoked by
the department.
(7) This section shall not apply to physicians licensed to
practice medicine in Mississippi in the performance of their
professional duties.
House Bill 309
AN ACT TO DIRECT THE STATE BOARD OF HEALTH TO ADOPT REGULATIONS THAT
PRESCRIBE OCCUPATIONAL SAFETY AND HEALTH STANDARDS DESIGNED TO REDUCE THE
TRANSMISSION OF BLOODBORNE PATHOGENS THROUGH NEEDLES; TO REQUIRE THE STANDARDS
TO PROVIDE FOR THE APPROPRIATE USE OF SHARPS INJURY PREVENTION TECHNOLOGY,
INCLUDING NEEDLELESS SYSTEMS AND NEEDLES WITH ENGINEERED SHARPS INJURY
PROTECTION; TO REQUIRE THE BOARD TO DETERMINE THOSE ENVIRONMENTS WHERE STANDARDS
REQUIRE SHARPS INJURY PREVENTION TECHNOLOGY TO BE USED; TO PROVIDE THAT SHARPS
INJURY PREVENTION TECHNOLOGY SHALL BE USED BY ALL HEALTH CARE PROVIDERS; TO
PROVIDE THAT SHARPS INJURY PREVENTION TECHNOLOGY WILL NOT BE REQUIRED WHEREVER
THE BOARD DEMONSTRATES THAT SUCH TECHNOLOGY IS MEDICALLY CONTRAINDICATED OR IS
NOT MORE EFFECTIVE THAN ALTERNATIVE MEASURES; TO PROVIDE THAT EMPLOYERS MUST
ADOPT WRITTEN EXPOSURE CONTROL PLANS, WHICH SHALL BE REVISED PERIODICALLY TO
REFLECT IMPROVEMENTS IN SHARPS INJURY PREVENTION TECHNOLOGY; AND FOR RELATED
PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The State Board of Health shall adopt regulations that
prescribe occupational safety and health standards designed to reduce the
transmission of bloodborne pathogens through needles. The standards shall
provide for the appropriate use of sharps injury prevention technology,
including needleless systems and needles with engineered sharps injury
protection.
(2) The board shall determine those environments where standards require
sharps injury prevention technology to be used. Sharps injury prevention
technology shall be used by all health care providers. However, sharps injury
prevention technology shall not be required wherever the board demonstrates that
such technology is medically contraindicated or is not more effective than
alternative measures used by an employer to prevent exposure incidents.
(3) The standards adopted by the board shall require employers to adopt
written exposure control plans. Written exposure control plans shall be revised
periodically to reflect improvements in sharps injury prevention technology.
Written exposure control plans shall include the type and brand of device used
in an incident of exposure.
(4) The board shall compile and maintain a list of existing needleless
systems and needles with engineered sharps injury protection, which shall be
available to assist employers in complying with the requirements of the
bloodborne pathogen standards adopted under this section. The list may be
developed from existing sources of information, including, but not limited to,
information from the federal Food and Drug Administration, the federal Centers
for Disease Control, the National Institute for Occupational Safety and Health,
and the United States Department of Veterans Affairs.
(5) For the purposes of this section, the following words shall have the
following meanings:
(a) "Employer" means a person engaged in a business who has one or
more employees, and includes state, county and municipal governments;
(b) "Employee" means any person performing services for another
under a contract of hire, including minors, whether lawfully or unlawfully
employed, persons in executive positions, and includes state, county and
municipal government employees;
(c) "Person" means one or more individuals, partnerships,
associations, corporations, business trusts, legal representatives or any
organized group of persons;
(d) "Standard" means an occupational safety and health standard
promulgated by the State Board of Health that requires conditions or the
adoption or the use of one or more practices, means, methods, operations or
processes reasonably necessary or appropriate to provide safe and healthful
employment and places of employment.
SECTION 2. This act shall take effect and be in force from and after July 1,
2000.
