SRC-MSY S.B. 1317 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1317
78R7764 YDB-DBy: Van de Putte
Health & Human Services
3/21/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law requires tattoo artists to have training in aseptic
techniques, but does not set forth a minimum standard to ensure that such
persons actually comply with the requirement.  As proposed, S.B. 1317
requires tattoo artists and persons who perform body piercing to receive
initial and recurring training regarding bloodborne pathogens, infection
control, and aseptic techniques from trainers certified by the
Occupational Safety and Health Administration.  In addition, S.B. 1317
makes proof of such training a prerequisite for acquiring or renewing a
license for a tattoo or body piercing studio or temporary location. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 146, Health and Safety Code, by adding Section
146.0085, as follows: 

Sec.  146.0085.  O.S.H.A TRAINING PROGRAM.  (a)  Requires a tattooist or
person who performs body piercing to complete a 10-hour Occupational
Safety and Health Administration (OSHA) outreach training course that
includes six hours related to bloodborne pathogens, infection control, and
aseptic technique before performing a tattoo or body piercing at a tattoo
or body piercing studio, except as provided by Subsection (e).  Requires a
tattooist or person who performs body piercing to annually complete at
least four hours of training related to bloodborne pathogens, infection
control, and aseptic technique. 

(b)  Requires a training program under this section to be conducted by an
OSHA trainer who is knowledgeable in tattoos and body piercing. 

(c)  Requires a trainer to issue a course completion card from OSHA to a
tattooist or person who performs body piercing who completes the 10-hour
training course and a training certificate to such a person who completes
the training under Subsection (a)(2). 

(d)  Requires a tattooist or person who performs body piercing to display
the course completion card in the studio or temporary location. 

(e)  Exempts a tattooist or person who performs body piercing who is an
authorized OSHA trainer from completing a training program under this
section.  Requires the trainer to display a current diploma from the OSHA
Training Institute. 

SECTION 2.  Amends Section 146.003(a), Health and Safety Code, by creating
Subdivision (1) from existing text and adding Subdivision (2) to require a
person applying for a tattoo studio license, body piercing studio license,
or temporary location license to submit a copy of certain certification
earned  under Section 146.0085 for each tattooist or person who performs
body piercing at the studio. 

SECTION 3.  Amends Section 146.004(b), Health and Safety Code, to require
a studio to submit, upon renewal of the studio's license, a copy of
certain certification earned under Section 146.0085 for each tattooist or
person who performs body piercing at the studio. 

SECTION 4.  Exempts a tattooist or person who performs body piercing who
has performed at least 50 body piercing procedures from being required to
complete the training program required under Section 146.0085, Health and
Safety Code, before January 31, 2004. 

SECTION 5.  Effective date:  September 1, 2003.