State Of Oklahoma
Read about laws regulating tattooing and the layers of bureaucracy necessary to establish a tattoo shop in Oklahoma.
Click here
Jennifer Nuttle, Health Certification Specialist
Oklahoma Department of Career and Technology Education
1500 W. Seventh Avenue
Stillwater, OK 74074
(405) 743-5418
FAX (405) 743-6885
jnutt@okcareertech.org
SUMMARY:
Until May 1,2002 medical micropigmentation may only be preformed in a
physician's office by:
1. a licensed physician.
2. a licensed Registered nurse while supervised by a physician and:
3. any person working under the supervision of a physician.
In all cases the level of supervision will be determined by the licensing
board in whose office the medical micropigmentation is being preformed.
On or after May 1, 2002, medical micropigmentation may only be preformed in
a physicians office by:
1. A physician:
2. A registered nurse who holds a current CERTIFICATE issued by the State
Comm. of Health pursuant to the provisions of the Oklahoma Medical
Micropigmentation Regulation Act while under the supervision of a physician.
.
3.A person who holds a current CERTIFICATE ( as stated above) .
By November 1, 2001, the State Board of Health shall have promulgated rules
to implement the provisions of the OMMRA These Rules shall include rules
of practice for medical micropigmentation training requirements and the
establishment of criteria for the certification of persons to perform
medical micropigmentation.
On or after May1,2002 , except for a physican , any person intending to
perform MMP in Oklahoma shall first be certified by the State Department of
Health.
THE STATE SENATE
Tuesday,
April 3, 2001
Committee Substitute for
ENGROSSED
House Bill No. 1964
COMMITTEE SUBSTITUTE FOR
ENGROSSED HOUSE BILL NO. 1964 - By: LINDLEY of the House and MORGAN of the
Senate.
[ public health and safety - amending 21
O.S., Section 841.5 - medical micropigmentation - Oklahoma Medical
Micropigmentation Regulation Act - promulgation of rules - amending 21 O.S.,
Sections 841 and 842 - penalties for tattooing – codification –
recodification – emergency ]
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section
1-1450 of Title 63, unless there is created a duplication in numbering,
to read as follows:
A. The Legislature hereby finds that:
1. There is, in addition to cosmetic reasons, a growing need for medical
micropigmentation in the treatment of clinical conditions or traumas such as
cancer, surgery, or burns;
2. Medical micropigmentation is being performed in Oklahoma; and
3. Oklahoma law does not provide sufficient regulation of medical
micropigmentation to assure the protection of the public.
Therefore,
there is a need to provide legislation to enable the State Board of Health and
the State Department of Health to regulate persons performing medical
micropigmentation on the citizens of this state.
B. Sections 1 through 9 of this act shall be known and may be cited as the
"Oklahoma Medical Micropigmentation Regulation Act".
SECTION 2. AMENDATORY Section 1, Chapter 142, O.S.L. 2000, as amended by Section 1, Chapter
330, O.S.L. 2000 (21 O.S. Supp. 2000, Section 841.5) is amended to read as
follows:
Section 841.5
A. Medical Micropigmentation
is defined as a medical procedure in which any color or pigment is applied with
a needle or electronic
means to produce machine:
1.
To produce a permanent mark visible through the skin
, (1) above;
2.
Above the jawline and anterior to the ear and frontal hairline
including but not limited to application of eyeliner, eye shadow, lips,
eyebrows, cheeks,
and scars
, or (2) to; and/or
3.
For repigmentation of areas
involving reconstructive surgery
, or trauma
, or repigmentation
of the areola; provided, however, medical.
B.
Medical micropigmentation shall not
include placing on the body any pictures, images, numbers, signs
, letters of
the alphabet, or designs.
In
certain cases this medical procedure may require the administration of sedating
agents by individuals licensed by the Oklahoma Board of Nursing, the State Board
of Medical Licensure and Supervision, the State Board of Osteopathic Examiners,
or the Board of Dentistry.
C.
Medical micropigmentation
is shall not
be construed to
be included in the definition of tattooing
as provided in Section 841 of
Title 21 of the Oklahoma Statutes.
B.
D. Medical micropigmentation
is restricted to application
in a physician's office or a dentist's office
by:
1.
A
registered nurse licensed person licensed to practice
registered nursing by the Oklahoma Board of Nursing who
is certified in a
medical micropigmentation program approved by the State Board of Vocational and
Technical Education or who completes the program and receives the certificate
within twelve (12) months of the inception of the program, holds a
current certificate issued by the State Commissioner of Health pursuant to the
provisions of the Oklahoma Medical Micropigmentation Regulation Act while
under the supervision of a
Medical Doctor (MD) physician licensed
by the Oklahoma State Board of Medical Licensure and Supervision or
a Doctor
of Osteopathy (DO) licensed by the State Board of Osteopathic Examiners or a
dentist
(DDS) licensed by the Board of Dentistry
regularly and
routinely on-site where medical micropigmentation is being performed;
2.
A
licensed or unlicenced technician trained and certified in an
approved program by the State Board of Vocational and Technical Education or who
completes the program and receives the certificate within twelve (12) months of
the inception of the program and person who holds a current certificate
issued by the State Commissioner of Health pursuant to the provisions of the
Oklahoma Medical Micropigmentation Regulation Act while under the direct
supervision of a
Medical Doctor (MD) physician licensed by the
State Board of Medical Licensure and Supervision or
a Doctor of Osteopathy
(DO) licensed by the State Board of Osteopathic Examiners or a dentist
(DDS)
licensed by the Board of Dentistry
. regularly and routinely on-site
while medical micropigmentation is being performed; and
3.
A
Medical Doctor (MD) physician licensed by the State Board
of Medical Licensure and Supervision
, a Doctor of Osteopathy (DO) licensed
or by the State Board of Osteopathic Examiners or a Dentist
(DDS)
licensed by the
Oklahoma Board of Dentistry.
C.
Any person convicted of violating the provisions of this section shall be
guilty of a misdemeanor punishable by imprisonment in the county jail not to
exceed ninety (90) days, a fine of not more than one Thousand Dollars
($1,000.00), or by both such fine and imprisonment.
Nothing in this section shall prevent any of the respective licensing
boards specified in this section from taking disciplinary action against a
licensee based on a violation of this law.
SECTION 3.
NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1452 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
It shall be unlawful for any person to practice medical micropigmentation
or to represent himself or herself as a person authorized to practice medical
micropigmentation:
1.
Without having first complied with the provisions of the Oklahoma Medical
Micropigmentation Regulation Act; or
2.
Unless otherwise authorized to practice medical micropigmentation
pursuant to the Oklahoma Medical Micropigmentation Regulation Act.
B.
The State Department of Health shall be responsible for the
implementation and enforcement of the provisions of the Oklahoma Medical
Micropigmentation Regulation Act regarding medical micropigmentation in the same
manner as the Department fulfills its regulatory duties in other areas of
responsibility regarding public health including but not limited to:
1.
Taking such steps for the enforcement of the Oklahoma Medical
Micropigmentation Regulation Act as the Department deems necessary including but
not limited to seeking injunctive relief against:
a.
any person certified to
perform medical micropigmentation pursuant to the Oklahoma Medical
Micropigmentation Regulation Act and who is alleged to be in violation of the
Oklahoma Medical Micropigmentation Regulation Act or rule or order issued
pursuant thereto, and
b.
any person who does not hold a certificate or is not authorized to
practice medical micropigmentation pursuant to the Oklahoma Medical
Micropigmentation Regulation Act and is practicing or holding himself or herself
as authorized to practice medical micropigmentation;
2.
Investigating or causing to have investigated and taking appropriate
actions, if needed, on complaints received or on the Department’s own
initiative against persons accused of violating the provisions of the Oklahoma
Medical Micropigmentation Regulation Act; and
3.
Contracting with state agencies or private entities to obtain services
necessary to implement the provisions of the Oklahoma Medical Micropigmentation
Regulation Act at a rate set by the State Board of Health.
C.
The State Board of Health shall promulgate rules to implement the
provisions of the Oklahoma Medical Micropigmentation Regulation Act.
The rules shall include, but not be limited to, training requirements and
the establishment of criteria for the certification of persons authorized to
perform medical micropigmentation.
SECTION 4. NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1453 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
Except for a physician licensed by the State Board of Medical Licensure
and Supervision, the State Board of Osteopathic Examiners, or a dentist licensed
by the Board of Dentistry, any person seeking authority to perform medical
micropigmentation in this state shall first be certified by the State Department
of Health.
B.
The State Commissioner of Health shall not issue a certificate to perform
medical micropigmentation to a person who has:
1.
Been convicted of or pled guilty or nolo contendere to a felony or a
misdemeanor involving moral turpitude in any federal, state, territory, or
District of Columbia court;
2.
Been determined to have engaged in unprofessional conduct as defined by
the rules promulgated by the State Board of Health;
3.
Made a materially false or fraudulent statement in an application or
other document relating to certification pursuant to the provisions of the
Oklahoma Medical Micropigmentation Regulation Act; or
4.
Had a health-related license, certificate, or permit suspended, revoked
or not renewed or had any other disciplinary action taken, or had an application
for a health-related license, certificate, or permit refused by a federal,
state, territory, or District of Columbia regulatory authority for intentionally
falsifying information.
C.
In order to qualify for certification an applicant shall:
1.
Have received a high school diploma or its equivalent;
2.
Be at least twenty-one (21) years of age; and
3.
Submit a completed application to the Department in such form as required
by the Department which shall include a notarized copy of:
a.
the certificate of birth of the applicant,
b.
the applicant’s driver license or other similar form of identification,
c.
other professional credentials, if applicable, and
d.
proof, in such form as the Department determines appropriate, of the
satisfactory completion of a program of training and testing approved by the
Department as specified in Section 5 of this act.
D.
Upon meeting the requirements of the Oklahoma Medical Micropigmentation
Regulation Act and rules promulgated pursuant thereto, the State Commissioner of
Health shall issue a certificate to perform medical micropigmentation to the
applicant.
SECTION 5. NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1454 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
The State Board of Health, in cooperation with the Medical
Micropigmentation Advisory Committee and the Oklahoma Department of Career and
Technology Education, shall adopt a curriculum of required courses and establish
by rule the types of courses to be offered.
The complete program of instruction approved by the State Board of Health
in theory and clinical training shall consist of at least four hundred fifty
(450) hours and not more than two thousand (2,000) hours.
B.
1. In order to provide the
State Department of Health confirmation of each applicant’s competency,
written theory and clinical tests shall be administered by the Oklahoma
Department of Career and Technology Education.
2.
Applicants otherwise qualified to practice medical micropigmentation as
determined by the State Department of Health pursuant to this act may be
certified to perform medical micropigmentation without completing the program of
instruction specified by this section if the applicant obtains a passing score
for both the written theory and clinical tests.
The State Board of Health shall promulgate rules to implement the
provisions of this paragraph.
3.
The State Board of Health shall set, by rule, a minimum passing score for
both written theory and clinical tests.
C.
The provisions of this section shall not be construed to authorize
training for the giving of any type of local injections including intraoral
injections.
1.
The only individuals authorized to administer local injections, intraoral
injections, or sedating agents are those individuals who are licensed by the
Oklahoma Board of Nursing, the State Board of Medical Licensure and Supervision,
the State Board of Osteopathic Examiners, or the Board of Dentistry.
2.
Individuals who are licensed by the Oklahoma Board of Nursing may become
qualified to give intraoral injections upon completion of a course of study on
the administration of local anesthesia offered by the Oklahoma College of
Dentistry.
D.
Within one hundred fifty (150) days after the effective date of this act,
the Oklahoma Department of Career and Technology Education shall provide
training and testing programs required by this section for anyone qualified to
apply for a certificate pursuant to the provisions of Section 4 of this act.
The training and testing programs shall meet the standards established
pursuant to the provisions of this section.
E.
After the initial training program offered pursuant to subsection D of
this section, the Oklahoma Department of Career and Technology Education shall
provide a complete curriculum for the training and testing of applicants for
certification as deemed needed by the Oklahoma Department of Career and
Technology Education.
SECTION 6. NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1455 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
Not more than thirty (30) days after the effective date of this act, the
State Commissioner of Health shall establish the Medical Micropigmentation
Advisory Committee to assist in the establishment of criteria for certification,
training and testing; promulgation of rules necessary to regulate the
performance of medical micropigmentation; and the periodic evaluation of the
application and enforcement of the laws and rules regulating medical
micropigmentation.
B.
The Medical Micropigmentation Advisory Committee shall perform such other
duties within its scope of authority as the State Board of Health determines
necessary to implement the provisions of the Oklahoma Medical Micropigmentation
Regulation Act.
C.
The Medical Micropigmentation Advisory Committee shall be appointed by
the State Commissioner of Health and shall consist of seven (7) members as
follows:
1.
Three persons, one who is a physician licensed by the State Board of
Medical Licensure and Supervision, one who is a physician licensed by the State
Board of Osteopathic Examiners, and one who is a dentist licensed by the Board
of Dentistry;
2.
Three persons, each of whom hold current certificates issued by the State
Board of Health pursuant to the provisions of the Oklahoma Medical
Micropigmentation Regulation Act. Provided,
for the initial appointments of these three members, a temporary certificate
shall be acceptable for qualification to serve.
After the time allowed for temporary certificates expires, as provided in
Section 9 of this act, no person shall be allowed to serve on the advisory
committee whose temporary certificate has expired and who does not hold a
current certificate issued pursuant to the Oklahoma Medical Micropigmentation
Regulation Act; and
3.
One person who is a member of the public and not licensed to practice by
the Oklahoma Board of Nursing, the State Board of Medical Licensure and
Supervision, the State Board of Osteopathic Examiners, or the Board of
Dentistry.
D.
Each member shall serve at the pleasure of the State Commissioner of
Health.
E.
Members of the Medical Micropigmentation Advisory Committee shall serve
without compensation, but shall be reimbursed for necessary expenses incurred in
the performance of their duties pursuant to the provisions of the State Travel
Reimbursement Act.
F.
The Medical Micropigmentation Advisory Committee shall organize and meet
at such time and place as it deems necessary to perform its duties. The State Department of Health shall provide meeting space
and staffing as necessary to assist the advisory committee in implementing its
duties pursuant to the Oklahoma Medical Micropigmentation Regulation Act.
SECTION 7. NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1456 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
Certificates to perform medical micropigmentation shall be valid for one
(1) year from the date of issuance.
B.
Until July 1, 2002, fees for certification to perform medical
micropigmentation as promulgated by the State Board of Health shall not exceed:
Application
for Certification $1,000.00
Annual
Renewal of Certification $ 500.00
Reinstatement
of Certification $ 750.00
Replacement
of Certificate $ 250.00
C.
On or before March 1, 2002, the State Board of Health shall make
recommendations to the Legislature as to the proper and necessary fees for the
regulation of the performance of medical micropigmentation pursuant to the
Oklahoma Medical Micropigmentation Regulation Act.
D.
All fees collected pursuant to the provisions of this section shall be
deposited in the Public Health Special Fund and shall be used in implementing
the provisions of the Oklahoma Medical Micropigmentation Regulation Act.
Excess funds shall be available to the State Department of Health for
expenditures pursuant to Section 1-107 of Title 63 of the Oklahoma Statutes.
E.
Every person holding a current certificate to perform medical
micropigmentation shall display the certificate in a conspicuous place in the
area where medical micropigmentation is being performed.
SECTION 8. NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1457 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
If a person, after proper notice and hearing as provided in the
Administrative Procedures Act, is found to have violated one or more provisions
of the Oklahoma Medical Micropigmentation Regulation Act, the State Department
of Health may impose one or more of the following penalties:
1.
Suspend or revoke a certificate;
2.
Seek injunctive relief;
3.
Reprimand the certificate holder;
4.
Place a certificate holder on probation for a specified period of time;
5.
Deny renewal of a certificate;
6.
Require a special quality review of the certificate holder, subject to
such procedures as the Department deems appropriate;
7.
Require the person or entity to pay all costs incurred by the Department
as a result of hearings conducted regarding actions of the subject of the
hearing including, but not limited to, investigation costs, hearing officer
costs, renting of special facilities costs, and court reporter costs; or
8.
In addition to any criminal penalty imposed pursuant to the Oklahoma
Medical Micropigmentation Regulation Act, assess an administrative
penalty not to exceed Ten Thousand Dollars ($10,000.00).
B.
In addition to the penalties provided for in subsection A of this
section, the Department may request the district attorney to bring an action in
the district court for the prosecution of any person for a violation of any
provision of the Oklahoma Medical Micropigmentation
Regulation Act, or order issued or rules promulgated pursuant thereto.
C.
Upon application in writing and upon good cause, the Department may
reinstate a certificate which has been revoked or suspended or may modify the
certificate when reinstated. A
person whose certificate has been revoked or suspended may not reapply for
reinstatement during the time period set by the Department which shall not
exceed five (5) years.
D.
1. Administrative penalties
assessed by the provisions of the Oklahoma Medical Micropigmentation Regulation
Act shall be imposed and enforced pursuant to the Administrative Procedures Act
and may be enforced in district court as authorized by the Administrative
Procedures Act.
2.
All monies, excluding costs, collected from administrative penalties
authorized in this section, shall be deposited pursuant to Section 1-1701.1B of
Title 63 of the Oklahoma Statutes.
E.
Any person convicted of violating the provisions of the Oklahoma
Medical Micropigmentation Regulation Act or orders issued or rules
promulgated pursuant thereto shall be guilty of a misdemeanor punishable by
imprisonment in the county jail not to exceed ninety (90) days, a fine of not
more than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment. Each day upon which such violation occurs shall constitute a
separate violation.
F.
The provisions of this section shall apply to:
1.
Any person certified to perform medical micropigmentation pursuant to the
Oklahoma Medical Micropigmentation Regulation Act and who is alleged to be in
violation of the Oklahoma Medical Micropigmentation Regulation Act or rule or
order issued pursuant thereto; and
2.
Any person who does not hold a certificate or is not authorized to
practice medical micropigmentation pursuant to the Oklahoma Medical
Micropigmentation Regulation Act and is practicing or holding himself or herself
as authorized to practice medical micropigmentation.
SECTION 9. NEW LAW A
new section of law to be codified in the Oklahoma Statutes as Section 1-1458 of
Title 63, unless there is created a duplication in numbering, to read as
follows:
A.
Not more than thirty (30) days after the effective date of this act, the
State Board of Health shall promulgate emergency rules to provide procedures by
which persons seeking authority to perform medical micropigmentation may receive
a temporary certificate.
B.
A temporary certificate shall authorize the holder to perform medical
micropigmentation in accordance with the provisions of the Oklahoma Medical
Micropigmentation Regulation Act.
C.
Temporary certificates shall only be issued until September 1, 2001.
D.
In order to qualify to receive a temporary certificate to perform medical
micropigmentation a person shall:
1.
Submit in such form as the State Department of Health shall require, a
completed application which shall include a notarized copy of:
a.
the certificate of birth of the applicant,
b.
the applicant’s driver license or other similar form of identification,
c.
other professional credentials, if applicable, and
d.
a statement from the physician licensed by the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners, or a
dentist licensed by the Board of Dentistry under whose supervision the applicant
will be performing medical micropigmentation;
2.
Be at least twenty-one (21) years of age;
3.
Pay a temporary certificate fee in the amount of One Thousand Dollars
($1,000.00); and
4.
Comply with the emergency rules promulgated pursuant to the provisions of
this section.
E.
A person who has been issued a temporary certificate pursuant to this
section and who wishes to continue to practice medical micropigmentation shall,
prior to the termination of the temporary permit, show competency in a written
theory test and a clinical test provided by the Oklahoma Department of Career
and Technology Education pursuant to Section 5 of this act.
F.
A temporary certificate issued pursuant to the provisions of this section
shall be for a period not to exceed twelve (12) months from the effective date
of this act. Such temporary
certificate shall not be extended or renewed for any reason.
SECTION 10. AMENDATORY 21
O.S. 1991, Section 841, is amended to read as follows:
Section
841. It shall be unlawful for any
person to tattoo or offer to tattoo any person.
As used
herein in this section, to "tattoo" means
to insert pigment under the surface of the skin of a human being, by pricking
with a needle or otherwise, so as to produce a permanent indelible mark or
figure visible on the skin.
Medical
micropigmentation, performed pursuant to the provisions of the Oklahoma Medical
Micropigmentation Regulation Act, shall not be construed to be tattooing.
Provided,
however, that the provisions hereof shall not apply to any act of a licensed
practitioner of the healing arts performed in the course of his practice.
SECTION 11 AMENDATORY 21
O.S. 1991, Section 842, is amended to read as follows:
Section
842. Any person violating the
provisions of
21 O.S. 1961 § Section 841
, of this title
shall be guilty of a misdemeanor and upon conviction
thereof shall be
punished by imprisonment in the county jail not to exceed ninety (90) days or
payment of a fine of not more than Five Hundred Dollars ($500.00) or by both
such fine and imprisonment.
SECTION 12 RECODIFICATION Section
1, Chapter 142, O.S.L. 2000 (21 O.S. Supp. 2000, Section 841.5), as last amended
by Section 2 of this act, shall be recodified as Section 1-1451 of Title 63 of
the Oklahoma Statutes, unless there is created a duplication in numbering.
SECTION 13. It being immediately necessary for the preservation of the
public peace, health and safety, an emergency is hereby declared to exist, by
reason whereof this act shall take effect and be in full force from and after
its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS & LABOR,
dated 3‑26‑01 - DO PASS, As Amended.
STATE OF OKLAHOMA
2nd Session of the 47th Legislature (2000)
SENATE BILL 1537 By:
ENGROSSED SENATE
[ crimes and punishments - prohibition of tattooing – emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . AMENDATORY 21 O.S. 1991, Section 841, is amended to read
as follows:
Section 841. It shall be unlawful for any person to tattoo or offer to
tattoo any person. As used herein to "tattoo" means to insert
pigment under the surface of the skin of a human being, by pricking with a
needle or otherwise, so as to produce a permanent indelible mark or figure
visible on the skin. Provided, however, that the The
provisions hereof of this section shall not apply, however,
to any act of a licensed practitioner of the healing arts performed in the
course of his practice or to any person performing
intradermal pigmentation in the course of practice under the direct
supervision of a licensed practitioner of the healing arts.
SECTION . It being immediately necessary for the preservation of the public
peace, health and safety, an emergency is hereby declared to exist, by reason
whereof this act shall take effect and be in full force from and after its
passage and approval.
Passed the Senate the 6th day of March, 2000.
President of the Senate
Passed the House of Representatives the ____ day of __________, 2000.
Speaker of the House of
Representatives
AS INTRODUCED
An Act relating to crimes and punishments; amending 21 O.S. 1991,
Section 841, which relates to prohibition of tattooing; making exception
for practice of intradermal pigmentation under direct supervision of a
licensed practitioner of the healing arts; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . AMENDATORY 21 O.S. 1991, Section 841, is amended to read as
follows:
Section 841. It shall be unlawful for any person to tattoo or offer to tattoo
any person. As used herein to "tattoo" means to insert pigment under
the surface of the skin of a human being, by pricking with a needle or
otherwise, so as to produce a permanent indelible mark or figure visible on the
skin.
Provided, however, that the The provisions
hereof
of this section shall not apply
, however, to any act of a licensed
practitioner of the healing arts performed in the course of
his
practice
or to any person performing intradermal pigmentation in the course
of practice under the direct supervision of a licensed practitioner of the
healing arts.
SECTION . It being immediately necessary for the preservation of the public
peace, health and safety, an emergency is hereby declared to exist, by reason
whereof this act shall take effect and be in full force from and after its
passage and approval.
47-2-2704 WHT 6/7/2000 4:52:18 PM
STATE OF OKLAHOMA
STATE OF OKLAHOMA
1st Session of the 47th Legislature (1999)
Senate Bill NO 44
By Long
AS INTRODUCED
An Act relating to professions and occupations; providing short title;
defining terms; prohibiting certain activities unless person holds tattoo
studio license or temporary location license; requiring license be
displayed; permitting tattooing under certain conditions; providing
exemptions from act; requiring license application and fee be submitted to
State Department of Health; requiring Department make certain inspection
and determination prior to issuing license; restricting location of tattoo
studios; making licenses valid for certain periods and providing for
annual renewal of studio license under certain conditions; authorizing
State Board of Health to set certain fees pursuant to certain authority
and providing for deposit of fees; requiring certain notification prior to
change of location of tattoo studio and verification of certain
information; requiring and stating precautions to be taken to prevent
spread of infection; requiring sterilization and cleanliness of tools and
stating methods of sterilization; authorizing Board by rule to establish
sanitation requirements for tattoo studios and temporary locations;
requiring certain persons to report infection resulting from tattooing;
prohibiting tattooing under certain circumstances and requiring certain
written consent; requiring tattooist maintain certain record to be
inspected upon request by Department; requiring Department to inspect
tattoo studios; requiring certain persons to allow inspection of tattoo
studio or temporary location at any time during operation; requiring
Department inform certain persons of violations and give reasonable period
for corrective actions; providing for promulgation of rules and
enforcement of act and promulgated rules; requiring compliance with act
and promulgated rules; stating conditions under which State Commissioner
of Health may refuse to issue or renew or may suspend or revoke licenses;
providing for penalties; repealing 21 O.S. 1991, Sections 841 and 842,
which relate to prohibition against and penalty for tattooing; providing
for codification; and providing for effective dates.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.1 of Title 63, unless there is created a duplication
in numbering, reads as follows:
This act shall be known and may be cited as the "Tattoo Studio Licensing
Act".
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.2 of Title 63, unless there is created a duplication
in numbering, reads as follows:
As used in this act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Tattooing" means the practice of producing an indelible mark or
figure on the human body by scarring or inserting a pigment under the skin using
needles, scalpels, or other related equipment;
5. "Tattooist" means a person who performs tattooing;
6. "Tattoo studio" means an establishment or facility in which
tattooing is performed; and
7. "Temporary location" means a fixed location at which an
individual operator performs tattooing for a specified period of not more than
seven (7) days in conjunction with a single event or celebration, where the
primary function of the event or celebration is tattooing.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.3 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. Beginning January 1, 2000:
1. A person may not conduct, operate or maintain a tattoo studio unless the
person holds a license issued by the State Commissioner of Health to operate the
studio;
2. A person may not practice tattooing at a temporary location unless the
person holds a temporary location license issued by the Commissioner;
3. The license must be displayed in a prominent place in the tattoo studio or
temporary location; and
4. Tattooing is permitted only at a location that is in compliance with this
act and rules promulgated pursuant thereto.
B. This act does not apply to:
1. A medical facility licensed under other law; or
2. An office or clinic of a medical doctor or osteopathic physician who is
licensed under the provisions of Section 480 et seq. or Section 620 et seq. of
Title 59 of the Oklahoma Statutes.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.4 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. Beginning January 1, 2000, in order to receive a tattoo studio license or
temporary location license, a person must submit a signed, verified license
application to the State Department of Health on a form prescribed by the
Department and must submit an application fee as set by the State Board of
Health.
B. On receipt of a tattoo studio license application, the Department shall
inspect the proposed tattoo studio to determine compliance with this act and
rules promulgated pursuant thereto. In addition, the Department shall request
confirmation from the appropriate building and zoning officials in the
municipality or county in which the studio is proposed to be located to
determine compliance with existing building and zoning codes applicable to the
studio. The Department may issue a license for a tattoo studio after determining
that the studio is in compliance with applicable statutes, rules, and building
and zoning codes.
C. On receipt of a temporary location license application, the Department
shall request confirmation from the appropriate building and zoning officials in
the municipality or county in which the temporary location is proposed to be
located to determine compliance with applicable existing building and zoning
codes. The Department may issue a license for a temporary location after
determining that the temporary location is in compliance with applicable
building and zoning codes.
D. A tattoo studio may only be located in a permanent, nondwelling building.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.5 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. A tattoo studio license is valid for one (1) year from the date of
issuance. A temporary tattooing location license is valid for a specified period
not to exceed seven (7) days.
B. Except as provided in Section 13 of this act, a tattoo studio license may
be renewed annually on payment of the required renewal fee.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.6 of Title 63, unless there is created a duplication
in numbering, reads as follows:
Pursuant to the provisions of Section 1-106.1 of Title 63 of the Oklahoma
Statutes, the State Board of Health shall set application fees, license fees,
and license renewal fees in amounts necessary to administer this act which shall
be deposited in the Public Health Special Fund.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.7 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. A person holding a tattoo studio license under this act who intends to
change the location of the tattoo studio shall notify the State Department of
Health in writing of that intent not less than thirty (30) days before the
change is to occur. The notice shall include the street address of the new
location and the name and residence address of the individual in charge of the
business at the new location.
B. Not later than ten (10) days after the change of location is complete, a
person holding a license under this act shall notify the Department in writing
and shall verify the information submitted under subsection A of this section.
C. Notice under this section must be sent to the Department's Oklahoma City
office by certified mail, return receipt requested.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.8 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. A person who owns, operates, or maintains a tattoo studio and each
tattooist who works in the studio or at a temporary location shall take
precautions to prevent the spread of infection, including, but not limited to:
1. Using germicidal soap to clean the hands of the tattooist and the skin
area of the client to be tattooed;
2. Wearing clean apparel and rubber gloves;
3. Using sterile tools and equipment; and
4. Keeping the tattoo studio or temporary location in a sanitary condition.
B. 1. A tattooist shall use tools and equipment for tattooing that have been
properly sterilized and kept in a sterile condition.
2. A tattooist shall sterilize tools and equipment used on one client before
using them on another client.
3. Tools and equipment shall be sterilized by:
a. dry heating in an oven at three hundred twenty (320) degrees
Fahrenheit for at least one (1) hour; or
b. steam pressure treatment in an autoclave.
4. All needles and instruments shall be kept in a clean, dust-tight container
when not in use.
C. The State Board of Health by rule shall establish sanitation requirements
for tattoo studios and temporary locations and other necessary requirements
relating to the building or part of the building in which is located a tattoo
studio or temporary location.
D. A person who owns, operates, or maintains a tattoo studio or practices at
a temporary location shall report to the State Department of Health any
infection resulting from tattooing as soon as it becomes known.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.9 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A tattooist may not tattoo:
1. A person younger than eighteen (18) years of age without written and
notarized consent from his or her parent or guardian who determines it to be in
the best interest to cover a tattoo which contains:
a. obscene or offensive language or symbols,
b. gang-related names, symbols, or markings,
c. drug-related names, symbols, or pictures, or
d. some other type of words, symbols, or markings that the court
considers would be in the best interest of the minor to cover; or
2. A person whom the tattooist suspects is under the influence of alcohol or
drugs.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.10 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. A tattooist shall maintain a permanent record of each person tattooed by
the tattooist for a period established by rule of the State Board of Health.
B. The record shall be available for inspection on the request of the State
Department of Health.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.11 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. The State Department of Health shall inspect a tattoo studio to determine
if the studio complies with the provisions of this act and the rules promulgated
pursuant thereto.
B. A person who owns, operates, or maintains a tattoo studio or practices
tattooing at a temporary location shall allow inspection of the studio or
temporary location by the Department at any time the studio or temporary
location is in operation.
C. The Department shall inform the person who owns, operates, or maintains a
tattoo studio or practices tattooing at a temporary location of any violation
discovered by the Department under this section and shall give the person a
reasonable period in which to take necessary corrective action.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.12 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. The State Board of Health shall promulgate rules to implement the
provisions of this act.
B. The State Department of Health shall enforce the provisions of this act
and the rules promulgated pursuant thereto.
C. Beginning January 1, 2000, a person who owns, operates, or maintains a
tattoo studio or practices tattooing at a temporary location shall comply with
the provisions of this act and the rules promulgated pursuant thereto.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma
Statutes as Section 1-560.13 of Title 63, unless there is created a duplication
in numbering, reads as follows:
A. Pursuant to the provisions of Section 1-106 of Title 63 of the Oklahoma
Statutes, the State Commissioner of Health may refuse to issue or renew a
license or suspend or revoke a license issued under this act if an applicant or
license holder does not comply with the provisions of this act, any rule
promulgated pursuant thereto, or order issued under this act.
B. Beginning January 1, 2000, any person who willfully violates any provision
of this act, or rule promulgated or order issued pursuant thereto, shall be
subject to the penalties set forth in Sections 1-1701, 1-1701.1A, and 1-1702 of
Title 63 of the Oklahoma Statutes.
SECTION . REPEALER 21 O.S. 1991, Sections 841 and 842, are hereby repealed.
SECTION . Sections 1 through 13 of this act shall become effective November
1, 1999.
SECTION . Section 14 of this act shall become effective January 1, 2000.
47-1-851 WHT 1/15/2000 11:11:55 AM
