State Of Pennsylvania
Pennsylvania
Statutes
TITLE 18 CRIMES AND OFFENSES (P. S.)
CHAPTER 2 THE PENAL CODE OF 1939
ARTICLE VII. OFFENSES AGAINST THE PERSON
18 P. S. §§ 4729. Tattooing minors
Whoever tattoos any person under the age of eighteen (18) years without the
consent of the living parents, or of the legal guardian thereof, if such minor
is under the care of a guardian, is guilty of a misdemeanor, and shall, upon
conviction thereof, be sentenced to pay a fine of not, more than one hundred
dollars ($100), or to undergo imprisonment of not more than three (3) months, or
both.
1939, June 24, P.L. 872, §§ 729. As amended 1972, June 16, P.L. 421, No. 122, §§
3.
Pennsylvania Statutes
TITLE 18 CRIMES AND OFFENSES (Pa.C.S.A.)
PART II DEFINITION OF SPECIFIC OFFENSES
CHAPTER 63 MINORS
18 Pa.C.S.A. §§ 6311. Tattooing
A person is guilty of a misdemeanor of the third degree if he tattoos any person
under the age of 18 years without the consent of the parent or guardian of such
person.
1972, Dec. 6, P.L. 1482, No. 334, §§ 1, effective June 6, 1973.
SENATE BILL 710 P.N. 813 PRINTER'S NO. 813 THE GENERAL
ASSEMBLY OF PENNSYLVANIA SENATE BILL
No. 710 Session of 2001
INTRODUCED BY PUNT, MARCH 27, 2001 REFERRED TO JUDICIARY,
MARCH 27, 2001 AN ACT 1 Amending Title 18 (Crimes and Offenses) of the
Pennsylvania 2 Consolidated Statutes, further providing for
tattooing . 3 The General Assembly of the Commonwealth of Pennsylvania 4
hereby enacts as follows: 5 Section 1. Section 6311 of Title 18 of the
Pennsylvania 6 Consolidated Statutes is amended to read: 7 § 6311.
Tattooing . 8 A person is guilty of a misdemeanor of the third degree if
he 9 tattoos any person under the age of 18 years [without the 10 consent of the
parent or guardian of such person]. The consent 11 of the minor's parent,
parents or legal guardian shall not be a 12 defense to the crime. 13 Section 2.
This act shall take effect in 60 days. C16L18JLW/20010S0710B0813
HOUSE BILL 1148 P.N. 1329 PRINTER'S NO. 1329 THE GENERAL
ASSEMBLY OF PENNSYLVANIA HOUSE BILL
No. 1148 Session of 2001
INTRODUCED BY DeLUCA, KREBS, BEBKO-JONES, BUNT, BUXTON,
CALTAGIRONE, CAPPELLI, L. I. COHEN, COLAFELLA, COLEMAN, CORRIGAN, COSTA,
FRANKEL, HARHAI, HENNESSEY, HORSEY, JAMES, JOSEPHS, KAISER, KELLER, LEDERER,
MANDERINO, MELIO, MYERS, PISTELLA, SCHRODER, SCRIMENTI, SOLOBAY, STABACK, SURRA,
E. Z. TAYLOR, THOMAS, TIGUE, WALKO, WANSACZ, WASHINGTON, WATERS, C. WILLIAMS, J.
WILLIAMS, WILT AND WOJNAROSKI, MARCH 22, 2001 REFERRED TO COMMITTEE ON HEALTH
AND HUMAN SERVICES, MARCH 22, 2001 AN ACT 1 Regulating tattoo, body-piercing and
corrective cosmetic 2 artists; providing for powers and duties of the Department
of 3 Health; and imposing penalties. 4 The General Assembly of the Commonwealth
of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act
shall be known and may be cited as the Tattoo, Body 8 Piercing and Corrective
Cosmetic Artists Act. 9 Section 2. Legislative intent. 10 It is the intent of
the General Assembly to direct the 11 Department of Health to establish health
standards for the 12 practice of tattooing , body piercing and
corrective cosmetics 13 within this Commonwealth. This will be achieved through
the 14 imposition of regulations and the registration of all tattoo 15 artists,
body-piercing artists and corrective cosmetic artists 1 with the Department of
Health. 2 Section 3. Definitions. 3 The following words and phrases when used in
this act shall 4 have the meanings given to them in this section unless the 5
context clearly indicates otherwise: 6 "Body piercing." The process of
breaching the skin or mucous 7 membrane for the purpose of insertion of any
object, including, 8 but not limited to, jewelry for cosmetic purposes. The term
does 9 not include ear piercing or nail piercing. 10 "Body piercing
artist." Any person who actually performs 11 body piercing or who operates,
conducts or manages any body- 12 piercing establishment. 13 "Corrective
cosmetic artist." Any person who actually 14 performs corrective cosmetics.
15 "Corrective cosmetics." The application of tattoos on a live 16
human being for medical situations that otherwise could not be 17 corrected or
improved, including, but not limited to, burn 18 scars, acne scars, age spots
and skin discoloration due to loss 19 of pigmentation. 20
"Department." The Department of Health of the Commonwealth. 21
"Facial tattoo." A tattoo applied above the neck, including, 22 but
not limited to, eyelids, eyebrows or lips. 23 "Infectious disease." A
disease of humans or animals 24 resulting from a transmissible infection,
whether or not patent, 25 apparent, inapparent, latent, clinical or subclinical.
26 "Registry." The Tattoo, Body-Piercing and Corrective 27 Cosmetic
Artists Central Registry. 28 "Sanitization." The reduction of the
population of 29 microorganisms to safe levels as determined by public health 30
officials. 20010H1148B1329 - 2 - 1 "Sterilization." The process of
destruction of all forms of 2 life by physical or chemical means. 3
"Tattoo." The indelible mark, figure or decorative design 4 introduced
by insertion of nontoxic dyes or pigments into or 5 under the subcutaneous
portion of the skin or by the production 6 of scars upon the body of a live
human being. 7 "Tattoo artist." Any person who actually performs
tattooing 8 or who operates, conducts or manages any tattoo
establishment. 9 " Tattooing ." the process by which
the skin is marked or 10 colored by insertion of nontoxic dyes or pigments into
or under 11 the subcutaneous portion of the skin so as to form indelible 12
marks for cosmetic or figurative purposes. 13 "Temporary
establishment." An establishment which performs 14
tattooing , body-piercing, or both, is operated by an individual 15
registered under this act and which operates outside of a 16 registered facility
at a fixed location for a period of time of 17 not more than seven consecutive
days in conjunction with a 18 single event or celebration. 19 Section 4.
Registry. 20 The department shall, by regulation, establish the Tattoo, 21
Body-Piercing and Corrective Cosmetic Artists Central Registry. 22 All persons
who perform tattooing , body-piercing or corrective 23 cosmetic
services within this Commonwealth shall meet the 24 requirements of this act and
shall register with the department 25 on forms provided by the department. 26
Section 5. Powers and duties of department. 27 (a) General rule.--The
department, in the exercise of its 28 duties under this act, shall have the
power to adopt such 29 regulations as are reasonably necessary to carry out the
30 purposes of this act. Regulations shall be adopted in conformity
20010H1148B1329 - 3 - 1 with the provisions of the act of June 25, 1982
(P.L.633, 2 No.181), known as the Regulatory Review Act, and shall include, 3
but not be limited to: 4 (1) Tattoo, body-piercing and corrective cosmetic 5
establishment registration and facility registration 6 requirements, including,
but not limited to: 7 (i) Physical location. 8 (ii) Specifications of walls,
ceilings, floors, 9 partitions, fixtures, equipment and other appurtenances. 10
(iii) Lighting. 11 (iv) Ventilation. 12 (v) Water supply. 13 (vi) Liquid waste
disposal. 14 (vii) Refuse storage and disposal. 15 (viii) Toilets and
lavatories. 16 (ix) Sinks. 17 (x) Insect and rodent control. 18 (2) Temporary
establishment registration requirements. 19 (3) Tattoo artist and body-piercing
artist registration 20 requirements. 21 (4) Apprentice tattoo artist and
body-piercing artist 22 registration requirements. 23 (5) Development and
maintenance of and registration in 24 the Tattoo, Body-Piercing and Corrective
Cosmetic Artists 25 Central Registry. 26 (6) Tattoo artist and body-piercing
artist hygiene. 27 (7) Health, sanitization, sterilization and safety 28
standards for tattoo, body-piercing or corrective cosmetic 29 establishments and
temporary establishments. 30 (8) Tattoo and body-piercing establishment and
temporary 20010H1148B1329 - 4 - 1 establishment recordkeeping. 2 (9)
Qualifications for the registration of corrective 3 cosmetic artists. 4 (b)
Examination.--The department shall require the 5 successful completion of a
written examination regarding health, 6 sanitization, sterilization and safety
standards prior to 7 issuing a registration to any tattoo artist, body-piercing
8 artist or corrective cosmetic artist. 9 (c) Registration.--The department
shall register: 10 (1) Any applicant who successfully passes the 11 examination
and meets the requirements for registration in 12 accordance with the
regulations promulgated under this act. 13 (2) Any tattoo or body-piercing
establishment or 14 temporary establishment which has been inspected and meets
15 facility requirements in accordance with the regulations 16 where
tattooing , body-piercing or corrective cosmetic 17 services will be
performed. 18 (d) Inspection.--The department shall inspect every 19
establishment at which tattooing , body-piercing or corrective
20 cosmetics are performed prior to issuing a facility 21 registration. The
department may also conduct inspections of 22 registered facilities and
temporary establishments as the 23 department deems necessary to carry out this
act. The inspection 24 shall insure that required sterilization, sanitation and
safety 25 standards are maintained. 26 (e) Fees.--All fees required under this
act shall be fixed 27 by the department by regulation and shall be subject to
the act 28 of June 25, 1982 (P.L.633, No.181), known as the Regulatory 29 Review
Act. 30 (f) Limitation.--Nothing in this act shall be construed to
20010H1148B1329 - 5 - 1 permit the department to regulate artistic aspects of
tattooing , 2 body-piercing or corrective cosmetics which are
unrelated to 3 health, sanitization, sterilization or safety standards. 4 (g)
Departmental actions.--All actions of the department in 5 accordance with this
act which result in a refusal to issue a 6 registration for reasons other than
failure to pass a written 7 examination required by this act or action which
suspends or 8 revokes a registration shall be subject to the right of notice, 9
hearing and adjudication and the right of appeal therefrom in 10 accordance with
2 Pa.C.S. Ch. 5 Subch. A (relating to practice 11 and procedure of Commonwealth
agencies). 12 Section 6. Duties and responsibilities of artists. 13 (a) Health
of tattoo artists and body-piercing artists.--The 14 department shall establish
by regulation minimum health 15 standards for all registrants and persons
working in any area of 16 a tattoo or body-piercing establishment which may be
necessary 17 to prevent the contamination of tattoo or body-piercing 18
equipment, supplies or work surfaces with pathogenic organisms. 19 (b)
Infectious disease.--A notarized statement from a 20 licensed physician shall be
provided to the department, prior to 21 the issuance of a registration under
this act, confirming that 22 the artist was examined by the physician, a test of
the artist's 23 blood was made and the results of that test indicate that: 24
(1) the artist is free from all contagious and 25 infectious diseases, including
hepatitis B; 26 (2) the artist has either completed or was offered and 27
declined a vaccination series; 28 (3) antibody testing reveals that the artist
is immune 29 to certain diseases; or 30 (4) a vaccine is contradicted for
medical reasons. 20010H1148B1329 - 6 - 1 (c) Notifications.--Verbal and written
instructions for the 2 care of the tattooed or pierced site on the body shall be
3 provided to each customer by the tattoo artist or body-piercing 4 artist upon
the completion of the procedure. The written 5 instructions shall advise the
customer to consult a physician at 6 the first sign of infection and contain the
name, address and 7 phone number of the tattoo or body-piercing establishment. 8
Section 7. Minors. 9 (a) Prohibitions.--It shall be unlawful for any person to
10 perform tattooing or
body-piercing services on any other person 11 under 18 years of age without the
written consent of a parent or 12 legal guardian of that other person. 13 (b)
Regulation.--The department shall promulgate regulations 14 establishing
standards for verification of age and documentation 15 of consent. 16 (c)
Revocation.--Any person who performs tattooing
or body- 17 piercing services on any body part of a person under 18 years
of 18 age without proper consent as established in subsection (a) 19 shall have
the registration under this act revoked for two 20 years. 21 (d)
Registration.--Any person who violates subsection (a) 22 may not be registered
for two years from the date of violation 23 or revocation, whichever is later.
24 Section 8. Powers of municipalities. 25 (a) Municipal ordinances
preserved.--Nothing in this act 26 shall supersede the power of a municipality
to inspect tattoo, 27 or body-piercing establishments or temporary
establishments, to 28 regulate the manner in which tattooing
or body-piercing may be 29 performed, to levy lawful taxes and fees and
to require the 30 purchase of a business privilege license unrelated to
competence 20010H1148B1329 - 7 - 1 in the practice of tattooing
or body piercing. No municipality 2 shall require a tattoo artist or
body-piercing artist registered 3 under this act to obtain a municipal license
to engage in 4 tattoo, temporary tattoo or body-piercing services in the 5
municipality. Nothing in this act shall preclude a municipality 6 from denying
or revoking a local permit for failure to comply 7 with a local ordinance not
inconsistent with this act or 8 regulations of the department promulgated under
this act. 9 (b) Failure to comply with local ordinance.--A registrant 10 under
this act who fails to comply with a municipal ordinance 11 concerning the
inspection of tattoo or body-piercing 12 establishments or temporary
establishments, or the manner in 13 which the municipality requires tattoo and
body-piercing 14 services to be performed, shall be subject to disciplinary 15
proceedings under this act. 16 Section 9. Unlawful acts. 17 (a) Unregistered
practice.--It is unlawful for any person to 18 practice
tattooing , body-piercing or corrective cosmetics, or to 19 hold himself
out as a practitioner of or entitled or authorized 20 to practice
tattooing , body-piercing or corrective cosmetics, or 21 to assume any
title of "tattooist," "tattoo artist," "body- 22
piercer," "body-piercing artist," "corrective cosmetics
artist" 23 or other letters or titles in connection with that person's name
24 which in any way represents himself as being engaged in the 25 practice of
tattooing , body-piercing or corrective cosmetics, or 26
authorized to do so, unless that person has been duly registered 27 and
authorized to engage in the practice under this act. 28 (b) Unregistered
facilities.--It is unlawful for any person 29 to operate a tattoo,
body-piercing, or corrective cosmetic 30 establishment or temporary
establishment that is not registered 20010H1148B1329 - 8 - 1 with the
department. 2 (c) Injections.--It is unlawful for a tattoo artist, body- 3
piercing artist or corrective cosmetic artist to administer 4 anesthetic
injections or other medications and prescription 5 drugs. 6 (d) Facial
tattoos.--It is unlawful for any person other 7 than a corrective cosmetic
artist registered under this act, or 8 a physician or surgeon licensed in this
Commonwealth, to perform 9 facial tattoo services on any other person. 10
Section 10. Disciplinary matters. 11 (a) General.--The department may suspend or
revoke any 12 registration issued under this act for any of the following 13
reasons: 14 (1) Failing to demonstrate the qualifications or 15 standards for a
registration contained in this act or 16 regulations of the department. 17 (2)
Making misleading, deceptive, untrue or fraudulent 18 representations in
obtaining a registration. 19 (3) Being unable to practice with reasonable skill
and 20 safety to the public by reason of illness, addiction to drugs 21 or
alcohol, having been convicted of a felonious act 22 prohibited by the act of
April 14, 1972 (P.L.233, No.64), 23 known as The Controlled Substance, Drug,
Device and Cosmetic 24 Act, or convicted of a felony relating to a controlled 25
substance in a court of law of the United States or any other 26 state,
territory, possession or country, or of mental 27 incompetency. An applicant's
statement on the application 28 declaring the absence of a conviction shall be
deemed 29 satisfactory evidence of the absence of a conviction unless 30 the
department has some evidence to the contrary. 20010H1148B1329 - 9 - 1 (4)
Violating a lawful regulation promulgated by the 2 department or violating a
lawful order of the department 3 previously entered by the department in a
disciplinary 4 proceeding. 5 (5) Knowingly maintaining a professional connection
or 6 association with any person who is in violation of this act 7 or regulation
of the department or knowingly aiding, 8 assisting, procuring or advising any
unregistered person to 9 practice a profession contrary to this act or
regulations of 10 the department. 11 (6) Acting in such manner as to present an
immediate and 12 clear danger to public health or safety. 13 (7) Making a false
or deceptive biennial registration 14 with the department. 15 (b) Authorized
actions.--In addition to taking disciplinary 16 or corrective action against a
registrant under this act or 17 pursuant to other statutory authority, the
department may: 18 (1) Deny the application for a registration or any other 19
privilege granted by the department. 20 (2) Revoke, suspend, limit or otherwise
restrict a 21 registration. 22 (3) Stay enforcement of any suspension and place
a 23 registrant on probation with the right to vacate the 24 probationary order
for noncompliance. 25 (c) Failure to comply with conditions.--Failure of a 26
registrant to comply with the conditions required by the 27 department shall be
grounds for reconsideration of the matter 28 and institution of formal charges
against the registrant. 29 (d) Reinstatement of registration.--Unless ordered to
do so 30 by the Commonwealth Court or on appeal therefrom, the department
20010H1148B1329 - 10 - 1 may not reinstate the registration of a person which
has been 2 revoked for two years from the date of violation or revocation, 3
whichever is later. Any person whose registration has been 4 revoked may apply
for reinstatement, after a period of at least 5 two years, but must meet all of
the registration requirements of 6 this act, including the examination
requirement, if that person 7 desires to practice the art of
tattooing , body-piercing or 8 corrective cosmetics under this act at
any time after such 9 revocation. 10 (e) Surrender of suspended or revoked
registration.--The 11 department shall require a person whose registration has
been 12 suspended or revoked to return the registration in such manner 13 as the
department directs. 14 Section 11. Penalties. 15 Any persons who violates any
provision of this act commits a 16 misdemeanor of the third degree and shall,
upon conviction, be 17 sentenced to pay a fine of not more than $1,000 or to 18
imprisonment for not more than three months, or both. 19 Section 12. Injunctive
relief. 20 It shall be unlawful for any person to practice or attempt to 21
offer to practice tattooing , body-piercing or corrective 22
cosmetics without having at the time of so doing a valid, 23 unexpired,
unrevoked and unsuspended registration issued under 24 this act. The unlawful
practice of tattooing , body-piercing or 25 corrective
cosmetics may be enjoined by the courts on petition 26 of the department. In any
such proceeding it shall not be 27 necessary to show that any person is
individually injured by the 28 actions complained of. If it is found that the
respondent has 29 engaged in the unlawful practice of tattooing
or body piercing, 30 the court shall enjoin the respondent from so
practicing unless 20010H1148B1329 - 11 - 1 and until the respondent registers
with the department. This 2 procedure in such cases shall be the same as in any
other 3 injunction suit. The remedy by injunction authorized by this 4 section
shall be in addition to any other civil or criminal 5 prosecution and punishment
authorized by law. 6 Section 13. Exemptions. 7 (a) General rule.--Nothing in
this act shall prevent: 8 (1) a physician or surgeon licensed in this
Commonwealth 9 from performing body-piercing or tattooing
services for 10 medical reasons; or 11 (2) a funeral director licensed in
this Commonwealth 12 from performing body-piercing or tattooing
services as 13 required by that profession. 14 (b) Physician-based
corrective cosmetics establishments.-- 15 Nothing in this act shall require the
registration of corrective 16 cosmetics establishments physically located in a
licensed 17 physician's office, hospital or clinic. Those establishments 18
shall also be exempt from facility requirements as provided for 19 in section
5(a)(1). 20 Section 14. Effective date. 21 This act shall take effect as
follows: 22 (1) Section 5(a) shall take effect in two years. 23 (2) This section
shall take effect immediately. 24 (3) The remainder of this act shall take
effect in 180 25 days. C15L35JLW/20010H1148B1329 - 12 -
HOUSE BILL 485 P.N. 523 PRINTER'S NO. 523 THE GENERAL
ASSEMBLY OF PENNSYLVANIA HOUSE BILL
No. 485 Session of 2001
INTRODUCED BY MAITLAND, FLEAGLE, S. MILLER AND HORSEY,
FEBRUARY 6, 2001 REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2001 AN ACT 1
Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated
Statutes, further providing for tattooing ; and 3 prohibiting
certain body piercing. 4 The General Assembly of the Commonwealth of
Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 6311 of Title 18
of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 6311.
Tattooing and body
piercing. 9 (a) Tattooing .--A person is guilty of [a
misdemeanor of the 10 third degree] an offense if he tattoos any person under
the age 11 of 18 years without the expressed consent of the parent or 12
guardian of such person. 13 (b) Body piercing.--A person is guilty of an offense
if he 14 punctures a part of the body of any person under the age of 18 15 years
with the intent to create a permanent hole for cosmetic 16 purposes without the
expressed consent of the parent or guardian 17 of such person. 18 (c)
Grading.--A person who commits an offense under this 1 section shall be guilty
of a misdemeanor of the third degree for 2 the first offense. A person who
commits a second and subsequent 3 offense under this section within one year of
the preceding 4 offense commits a misdemeanor of the second degree. 5 Section 2.
This act shall take effect in 60 days. L27L18SFL/20010H0485B0523 - 2 -
