78R7764 YDB-D

By:  Van de Putte                                                 S.B. No. 1317



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.