GEC C.S.H.B. 1156 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.H.B. 1156 By: Goolsby 4-24-97 Committee Report (Substituted) BACKGROUND Currently, body piercing studios are not regulated by the state of Texas, allowing these establishments to freely engage in body piercing. There have been unscrupulous establishments that have used the same piercing needles on several people, potentially contributing to the spread of infectious disease. Children are also participating in body piercing without parental consent. Body piercing is an invasive procedure that should require parental consent, just like other invasive medical procedures. PURPOSE As proposed, C.S.H.B. 1156 would add body piercing studios to the Health and Safety Code, so they are regulated the same as tattoo studios. C.S.H.B. 1156 would also require written and notarized parental consent before a person may perform body piercing on a minor. RULEMAKING AUTHORITY This bill would provide the Texas Department of Health rulemaking authority to adopt rules to implement this Act. (SECTION 16, Page 7, line 6) SECTION BY SECTION ANALYSIS SECTION 1. The heading of Chapter 146, Health and Safety Code, is amended by adding "Body Piercing" studios. SECTION 2. Section 146.001, Health and Safety Code, is amended to add the following definitions: "body piercing," "body piercing professional" and "body piercing studio." (7) Adds "body piercing" to the definition of "temporary location." SECTION 3. Sections 146.002(a), (b), (c), and (d), Health and Safety Code, are amended. (a) A person can not conduct, operate, or maintain a body piercing studio unless the person holds a license issued by the department to operate the body piercing studio. (b) A person may not practice tattooing or body piercing at a temporary location unless the person holds a temporary location permit issued by the department. (c) The license must be displayed in a prominent place in the tattoo or body piercing studio or temporary location. (d) Tattooing and body piercing are permitted only at a location that is in compliance with this chapter. SECTION 4. Sections 146.003(a) and (b), Health and Safety Code, are amended. (a) To receive a tattoo studio license, body piercing studio license, or a temporary location license, a person must submit a signed license agreement to the department and must submit an application fee. (b) On receipt of a tattoo studio or body piercing studio license application, the department must inspect the proposed tattoo or body piercing studio to determine compliance with this Chapter. The department must confirm from the building and zoning officials in the municipality that all applicable rules and regulations have been met. The department may issue a license for a tattoo or body piercing studio if applicable statutes, rules, and building and zoning codes are met. SECTION 5. Section 146.004, Health and Safety Code, is amended. Sec. 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio and body piercing studio license is valid for one year from the date of issuance. A temporary location license is valid for a specified period not to exceed seven days. (b) A tattoo studio or body piercing studio license may be renewed annually on payment of the required renewal fee. SECTION 6. Section 146.006(a), Health and Safety Code, is amended. (a) A person who holds a tattoo studio or body piercing studio license and who intends to move their establishment must notify the department within 30 days before the move date. The notice must include the new address and the residence address of the person in charge of the business. SECTION 7. Section 146.007, Health and Safety Code, is amended. Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person who owns, operates, or maintains a tattoo or body piercing studio or practices at a temporary location must comply with this chapter and rules adopted under this chapter. SECTION 8. Section 146.008, Health and Safety Code, is amended. Sec. 146.008. ASEPTIC TECHNIQUES. A person who owns, operates, or maintains a tattoo or body piercing studio and each tattooist or body piercing professional who works at an establishment must take precautions to prevent the spread of infection, including: (1) using spermicidal soap to clean the hands of the tattooist or body piercing professional and the skin area of the client to be tattooed or pierced; (2) wearing clean apparel and rubber gloves; (3) using sterile tools and equipment as provided by Section 146.011; and (4) keeping the tattoo or body piercing studio or temporary location in a sanitary location in a sanitary condition. SECTION 9. Section 146.009, Health and Safety Code, is amended. Sec. 146.009. BUILDING AND LOCATION. A tattoo or body piercing studio must be in a permanent, nondwelling building located in an area that is permissible under local zoning codes, if any. SECTION 10. Section 146.010, Health and Safety Code, is amended. Sec. 146.010. SANITATION REQUIREMENTS. (a) The board by rule must establish sanitation requirements for tattoo and body piercing studios and any other necessary requirements. (b) A person who owns, operates, or maintains a tattoo or body piercing studio must comply with all rules adopted under this section. SECTION 11. Sections 146.011(a) and (b), Health and Safety Code, are amended. (a) A tattooist or body piercing professional must use tools and equipment that have been properly sterilized and kept in a sterile condition. (b) A tattooist or body piercing professional must sterilize tools and equipment used on one client before using them on another. SECTION 12. Chapter 146, Health and Safety Code, is amended by adding Section 146.0125. Section 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL CONSENT; EXCEPTION. (a) A body piercing professional may not pierce a person younger than 18 years of age without the written and notarized consent of a parent, managing conservator, or guardian of the person. (b) The written consent must indicate the part of the person's body that may be pierced. (c) This section does not apply to the ear of the person. SECTION 13. Section 146.013(a), Health and Safety Code, is amended. (a) A tattooist and a body piercing professional must keep records of all persons who are tattooed or pierced. SECTION 14. Section 146.014, Health and Safety Code, is amended. Sec. 146.014. REPORT OF INFECTION. A person who owns, operates, or maintains a tattoo or body piercing studio must report any infection resulting from the tattooing or body piercing to the department. SECTION 15. Section 146.016, Health and Safety Code, is amended. Sec. 146.016. INSPECTIONS. (a) The department can inspect a tattoo of body piercing studio to determine if the studio complies with this chapter. (b) A person who owns, operates, or maintains a tattoo or body piercing studio must allow inspection of the studio by the department at any time the studio is in operation. (c) The department must inform the person who owns, operates, or maintains a tattoo or body piercing studio of any violation under this section and must give the person a reasonable period in which to take necessary corrective action. SECTION 16. (a) The Texas Board of Health must adopt rules to implement the change in law made by this Act by January 1, 1998. (b) The change in law made by this Act applies only to the regulation of body piercing on or after June 1, 1998. A body piercing studio is not required to be licensed before June 1, 1998. SECTION 17. Except as provided by Section 16(b) of this Act, this Act takes effect September 1, 1997. SECTION 18. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The Committee Substitute for House Bill 1156 adds regulatory authority to the Texas Department of Health. The Texas Health Department would establish rules that body piercing studios must follow. C.S.H.B. 1156 allows body piercing studios to be regulated and requires body piercing professionals to be licensed by the state of Texas.