State Of Vermont
§ 4101.
Definitions.
As used in this
chapter:
(1) "Director"
means the director of the office of professional regulation.
(2) "Disciplinary
action" includes any action taken by an administrative law officer against a
registered tattooist or applicant premised on a finding of unprofessional
conduct. Disciplinary action includes all appropriate remedies, including
denial of an application for or renewal of a registration, suspension or
revocation of a registration, limiting or conditioning of a registration,
issuing reprimands or warnings, and adopting consent orders.
(3) "Practice of
tattooing"
or "practice
tattooing" means to place a permanent mark, design, or coloration of
a human being by a process of pricking or ingraining an indelible pigment on
the skin.
(4) "An
administrative law officer" means an administrative law officer established
pursuant to
3 V.S.A. § 129(j).
(5) "Tattooist"
means a person who practices
tattooing.
(6) "Shop" means a
facility regularly used to offer or perform the practice of
tattooing.
Added 1995, No. 79
(Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 38.
1 |
§ 4101. Definitions. |
Vermont Statutes |
2 |
§ 4102. Prohibitions. |
Vermont Statutes |
3 |
§ 4103. Director; functions; commissioner of health; rules. |
Vermont Statutes |
4 |
§ 4104. Advisor appointees. |
Vermont Statutes |
5 |
§ 4105. Registration. |
Vermont Statutes |
6 |
§ 4108. Unprofessional conduct. |
Vermont Statutes |
§ 4101. Definitions
As used in this chapter:
(1) "Director" means the director of the office of professional
regulation.
(2) "Disciplinary action" includes any action taken by an
administrative law officer against a registered tattooist or applicant premised
on a finding of unprofessional conduct. Disciplinary action includes all
appropriate remedies, including denial of an application for or renewal of a
registration, suspension or revocation of a registration, limiting or
conditioning of a registration, issuing reprimands or warnings, and adopting
consent orders.
(3) "Practice of tattooing" or "practice tattooing" means
to place a permanent mark, design, or coloration of a human being by a process
of pricking or ingraining an indelible pigment on the skin.
(4) "An administrative law officer" means an administrative law
officer established pursuant to 3 V.S.A. § 129(j).
(5) "Tattooist" means a person who practices tattooing.
(6) "Shop" means a facility regularly used to offer or perform the
practice of tattooing. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No.
40, § 49(a); 1999, No. 52, § 38.)
§ 4103. Director; functions; commissioner of health; rules
(a) The director shall administer the requirements of this chapter and shall:
(1) Provide general information to applicants for registration as tattooists.
(2) Collect fees as provided under this chapter.
(3) Explain appeal procedures to registered tattooists and applicants and
complaint procedures to the public.
(4) Receive applications for registration, register applicants pursuant to
this chapter, renew registrations, and revoke, reinstate, or condition
registrations as ordered by an administrative law officer.
(5) Refer all disciplinary matters to an administrative law officer.
(b) The director, after consultation with the commissioner of health, shall
adopt rules relating to infection control procedures and public health practices
to be followed in the practice of tattooing in order to protect the public from
communicable diseases. The commissioner shall also recommend standards of
sanitation for tattooing facilities.
(c) The director may adopt rules necessary to perform his or her duties under
subsection (a) of this section.
(d) The director may inspect shops used for the practice of tattooing. No fee
shall be charged for initial inspections under this subsection; however, if the
director determines that it is necessary to inspect the same premises under the
same ownership more than once in any two-year period, a reinspection fee of
$100.00 may be charged. The director may waive all or a part of the reinspection
fee in accordance with criteria established by rule. (Added 1995, No. 79 (Adj.
Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 39.)
§ 4104. Advisor appointees
(a) The secretary of state shall appoint a professional in the field of
public health and medicine, from a list of persons provided by the commissioner
of health, a registered tattooist who has been practicing tattooing for at least
the three years immediately preceding appointment and who shall actively be
engaged in the practice of tattooing in Vermont during incumbency, and a member
of the public. The appointees shall be appointed for staggered terms of three
years to serve as advisors in matters relating to tattooing.
(b) The director shall seek the advice of the advisor appointees in carrying
out the provisions of this chapter. The advisor appointees shall be entitled to
compensation and necessary expenses as provided in 32 V.S.A. § 1010 for
attendance at any meeting called by the director for that purpose. (Added 1995,
No. 79 (Adj. Sess.), § 1.)
§ 4102. Prohibitions
(a) No person shall practice tattooing unless that person is registered in
accordance with the provisions of this chapter.
(b) No person under the age of 18 may practice tattooing.
(c) A tattooist shall not tattoo a minor without the written consent of the
parent or guardian of the minor.
(d) A person who violates any of the provisions of this section shall be
fined not more than $1,000.00 for each occurrence. (Added 1995, No. 79 (Adj.
Sess.), § 1.)
§ 4105. Registration
(a) A person who intends to engage in the practice of tattooing in this state
shall register with the office of professional regulation and shall pay the
required fee. Registration shall be in the form required by the director and
shall include such information as the director may require concerning the
location of the registrant's practice, the registrant's qualification, and the
nature of the services offered.
(b) No shop shall operate in this state without first registering with the
office of professional regulation and paying a fee of $100.00. Registration
shall be in the form required by the director.
(1) No shop shall be granted registration unless the shop complies with this
chapter and rules adopted under this chapter.
(2) All shops shall have a designated registrant responsible for overall
cleanliness and sanitation of the shop.
(3) The practice of tattooing shall be permitted only in registered shops.
(Added 1995, No. 79 (Adj. Sess.), § 1; amended 1999, No. 52, § 40.)
§ 4108. Unprofessional conduct
(a) A registered tattooist or applicant shall not engage in unprofessional
conduct.
(b) Unprofessional conduct means the following conduct and conduct set forth
in section 129a of Title 3:
(1) Using dishonest or misleading advertising.
(2) Addiction to narcotics, habitual drunkenness, or rendering professional
services to a client if the tattooist is intoxicated or under the influence of
drugs.
(3) Sexual harassment of a client.
(4) Tattooing a minor in violation of the provisions of section 4102 of this
title.
(c) After hearing and upon a finding of unprofessional conduct, an
administrative law officer may take disciplinary action against a registered
tattooist or applicant. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997,
No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 62.)
ACT NO. 52
(H.532)
Miscellaneous Provisions; "Office Bill"
This act makes substantive changes to the statutes governing professions
attached to the office of professional regulation within the secretary of
state's office. These changes affect eligibility and practice requirements for
virtually all those professions. Among these changes are: increase in the level
of regulation of marriage and family therapists from certified to licensed;
requiring shop licenses for tattooists; and repeal of the provision sunsetting
the naturopathic physician's practice act. In addition, this act amends the
administrative procedures act to provide that an agency may not define
unprofessional conduct by rule unless specifically authorized by law.
Effective Date: Varied, but most take effect on July 1, 1999.
* * * Tattooists * * *(H.532)
Sec. 38. 26 V.S.A. § 4101(6) is added to read:
(6) "Shop" means a facility regularly used to offer or perform
the practice of tattooing.
Sec. 39. 26 V.S.A. § 4103(d) is added to read:
(d) The director may inspect shops used for the practice of tattooing. No
fee shall be charged for initial inspections under this subsection; however, if
the director determines that it is necessary to inspect the same premises under
the same ownership more than once in any two-year period, a reinspection fee of
$100.00 may be charged. The director may waive all or a part of the reinspection
fee in accordance with criteria established by rule.
Sec. 40. 26 V.S.A. § 4105 is amended to read:
§ 4105. REGISTRATION
(a) A person who intends to engage in the practice of tattooing in
this state shall register with the office of professional regulation and shall
pay the required fee. Registration shall be in the form required by the director
and shall include such information as the director may require concerning the
location of the registrant's practice, the registrant's qualification, and the
nature of the services offered.
(b) No shop shall operate in this state without first registering with the
office of professional regulation and paying a fee of $100.00. Registration
shall be in the form required by the director.
(1) No shop shall be granted registration unless the shop complies with
this chapter and rules adopted under this chapter.
(2) All shops shall have a designated registrant responsible for overall
cleanliness and sanitation of the shop.
(3) The practice of tattooing shall be permitted only in registered shops.
