78R7764 YDB-D
By: Uresti H.B. No. 2535
A BILL TO BE ENTITLED
AN ACT
relating to bloodborne pathogens training for a tattooist or person
who performs body piercing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 146, Health and Safety Code, is amended
by adding Section 146.0085 to read as follows:
Sec. 146.0085. O.S.H.A. TRAINING PROGRAM. (a) Except as
provided by Subsection (e), a tattooist or person who performs body
piercing shall:
(1) complete a 10-hour Occupational Safety and Health
Administration general industry outreach training course for
tattooists and body piercing artists 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; and
(2) annually complete at least four hours of training
related to bloodborne pathogens, infection control, and aseptic
technique.
(b) A training program under this section must be conducted
by an Occupational Safety and Health Administration trainer who is
knowledgeable in tattoos and body piercing.
(c) A trainer shall issue a course completion card from the
Occupational Safety and Health Administration to a tattooist or
person who performs body piercing who completes the 10-hour
training course and a training certificate to a tattooist or person
who performs body piercing who completes the training under
Subsection (a)(2).
(d) A tattooist or person who performs body piercing shall
display the course completion card in a prominent location in the
studio or temporary location.
(e) A tattooist or person who performs body piercing who is
an authorized Occupational Safety and Health Administration
trainer is not required to complete a training program under this
section. The trainer shall display a current diploma from the
Occupational Safety and Health Administration Training Institute.
SECTION 2. Section 146.003(a), Health and Safety Code, is
amended to read as follows:
(a) To receive a tattoo studio license, body piercing studio
license, or temporary location license, a person must submit a
signed, verified license application to the department on a form
prescribed by the department and must submit an application fee. In
addition, the person must submit:
(1) evidence from the appropriate zoning officials in
the municipality or county in which the studio is proposed to be
located that confirms that the studio is in compliance with
existing zoning codes applicable to the studio; and
(2) for each tattooist or person who performs body
piercing at the studio or temporary location, a copy of the
tattooist's or person's two most recent annual training
certificates received under Section 146.0085 and a copy of the
tattooist's or person's:
(A) course completion card; or
(B) if applicable, current diploma from the
Occupational Safety and Health Administration Training Institute.
SECTION 3. Section 146.004(b), Health and Safety Code, is
amended to read as follows:
(b) A tattoo studio or body piercing studio license may be
renewed annually on payment of the required renewal fee. On renewal
of the studio license, the studio must submit, for each tattooist or
person who performs body piercing at the studio, a copy of the
tattooist's or person's two most recent annual training
certificates received under Section 146.0085 and a copy of the
tattooist's or person's:
(1) course completion card; or
(2) if applicable, current diploma from the
Occupational Safety and Health Administration Training Institute.
SECTION 4. A tattooist or person who performs body piercing
who has performed 50 or more body piercing procedures is not
required to complete the training program required under Section
146.0085, Health and Safety Code, as added by this Act, before
January 31, 2004.
SECTION 5. This Act takes effect September 1, 2003.