Legislative Information Systems

S 0120 General Bill, By Mescher
A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN
YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF
INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN
IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR
DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH
AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY
DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND
TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF
OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION
OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A
DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE
16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO
AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN
VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON
CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND
ATTORNEY'S FEES.

   11/18/98  Senate Prefiled
   11/18/98  Senate Referred to Committee on Judiciary
   01/12/99  Senate Introduced and read first time SJ-48
   01/12/99  Senate Referred to Committee on Judiciary SJ-48
   04/07/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   04/08/99  Senate Amended SJ-17
   04/08/99  Senate Read second time SJ-17
   04/08/99  Senate Ordered to third reading with notice of
                     amendments SJ-17
   04/20/99  Senate Amended SJ-33
   04/21/99  Senate Amended SJ-21
   04/21/99  Senate Read third time and sent to House SJ-21
   04/22/99  House  Introduced and read first time HJ-19
   04/22/99  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-19
   02/09/00  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-6
   02/15/00  House  Requests for debate-Rep(s). Woodrum, Cotty,
                     Kirsh, Stuart, Kelley, Walker, R. Smith,
                     Seithel, McMahand, Moody-Lawrence, Leach, J.
                     Hines, Davenport, Lloyd, Scott, Hosey, Gourdine,
                     JH Neal, and Barfield HJ-37
   02/23/00  House  Amended HJ-30
   02/23/00  House  Debate interrupted HJ-31
   02/24/00  House  Recommitted to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-27
   05/17/00  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-5
   05/23/00  House  Requests for debate removed-Rep(s). Gourdine,
                     McMahand, J. Hines, Hosey and Lloyd HJ-89
   05/24/00  House  Requests for debate removed-Rep(s). Neal HJ-64
   05/24/00  House  Recommitted to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-91

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1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 May 17, 2000 6 7 S. 120 8 9 Introduced by Senator Mescher 10 11 S. Printed 5/17/00--H. 12 Read the first time April 22, 1999. 13 14 15 THE COMMITTEE ON MEDICAL, 16 MILITARY, PUBLIC AND MUNICIPAL AFFAIRS 17 To whom was referred a Bill (S. 120), to amend Section 18 16-17-700, as amended, Code of Laws of South Carolina, 1976, 19 relating to tattooing, so as to permit tattooing of persons over 20 twenty-one years, etc., respectfully 21 REPORT: 22 That they have duly and carefully considered the same, and 23 recommend that the same do pass with amendment: 24 25 Amend the bill, as and if amended, by striking all after the 26 enacting words and inserting: 27 /SECTION 1. Title 44 of the 1976 Code is amended by adding: 28 ¿CHAPTER 34 29 Tattooing 30 Section 44-34-10. As used in this chapter: 31 (1) ¿Department¿ means the Department of Health and 32 Environmental Control. 33 (2) ¿Tattoo facility¿ means any room, space, location, area, 34 structure, or business, or any part of any of these places, where 35 tattooing is practiced or where the business of tattooing is 36 conducted. 37 (3) ¿Tattoo artist¿ means a person who practices body tattooing 38 and who meets the requirements of this chapter. 39 Section 44-34-20. (A) The Department of Health and 40 Environmental Control shall establish sterilization, sanitation, and 41 safety standards for persons engaged in the business of tattooing. 42 The department shall provide the necessary resources to support

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1 the development of these standards. The standards must be 2 directed at establishment and maintenance of sterile conditions and 3 safe disposal of instruments. The standards may be modified as 4 appropriate to protect consumers from transmission of contagious 5 diseases through cross-contamination of instruments and supplies. 6 (B) Prior to applying to the department for a permit, a tattoo 7 facility must ensure that all tattoo artists obtain a certificate 8 attesting to the successful completion of a course in blood borne 9 pathogens and tattoo infection control as approved by the 10 department; the tattoo facility must then apply for and obtain a 11 permit issued by the department, who shall issue such permits, 12 renewable annually, upon presentation of a certificate of each 13 tattoo artist¿s initial and annual certification of successful 14 completion of a course in blood borne pathogens, tattoo infection 15 control; payment of an annual permitting fee of three hundred 16 dollars per tattoo facility; and upon presentation of a certified copy 17 of an ordinance passed by the local governing body where the 18 business will be located approving the tattooing of persons within 19 its jurisdiction. 20 Section 44-34-30. A tattoo artist must observe the following 21 infection control precautions at all times: 22 (1) The tattoo artist must wash his hands thoroughly with 23 water and a germicide soap approved by the department before and 24 after each client¿s procedure. 25 (2) When necessary for the tattoo artist to perform a 26 procedure on certain individuals who must undergo shaving of 27 hair, either disinfected scissors or a single-use disposable razor 28 must be used, and the skin must be cleaned with a germicidal 29 solution approved by the department and used in accordance with 30 the manufacturer¿s directions. 31 (3) It is unlawful for a tattoo artist to tattoo any part of the 32 head, face, or neck of another person. 33 (4) The tattoo artist must always use single-use disposable 34 gloves when setting up equipment and single-use disposable 35 gloves when performing procedures on a client; these gloves must 36 never be washed or reused in any manner and must be immediately 37 replaced upon notice of a tear, any contamination, or other defect. 38 (5) The tattoo artist must always use on each recipient either: 39 (a) single-use disposable needles and injection equipment 40 which is designated and sterilely packaged as single-use only and 41 these needles and injection equipment must never be cleaned or 42 reused in any manner on another client; or

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1 (b) reusable needles and injection equipment only if 2 properly sterilized by autoclave or chemical germicide used in 3 accordance with the manufacturer¿s directions. 4 (6) All reusable instruments and other tattooing items other 5 than inks must be properly sterilized by autoclave and sterilely 6 packaged and labeled with the date of sterilization and a sterile 7 indicator. 8 (7) Prior to any direct contact with the client, the tattoo artist 9 in a sterile manner must place all sterile instruments on a sterile 10 disposable towel or drape to be used as a single sterile field 11 throughout the procedure. Regloving with single-use sterile 12 disposable surgical gloves must occur prior to initiation of the 13 procedure, which is to be performed using strict sterile surgical 14 techniques. Any nonsterile contact or contamination of the 15 instruments or field must immediately result in cessation of the 16 procedure and nonuse of all equipment until resterilized. 17 (8) The skin of the client must be scrubbed in a sterile 18 surgical manner with a germicidal solution approved by the 19 department and used in accordance with the manufacturer¿s 20 direction. 21 (9) The use of gauze, alum, styptic pencils, or medical 22 supplies considered necessary to control bleeding is prohibited 23 unless a separate disposable single-use sterile item is used on each 24 client. 25 The tattoo artist must not use stencils to transfer designs to skin 26 or containers of ink or dye unless separate, disposable single-use 27 stencils or containers are used on each recipient. 28 (10) The technician must dispose of single-use used needles 29 and other disposable sharp supplies in safety puncture-proof 30 containers as approved by the department; these used containers 31 must be disposed of in an manner prescribed by the department. 32 (11) Each tattoo facility must keep a written log for two years 33 of autoclave use including, but not limited to, the date and time of 34 use and sterilization spore test strip results done at least monthly. 35 (12) The tattoo artist must allow and cooperate with on-site 36 inspections as considered necessary by the department. 37 (13) A tattoo facility must include a room for the purpose of 38 disinfecting and sterilization of equipment and this room must be 39 physically separate from the room used for tattooing procedures to 40 avoid cross contamination of equipment. 41 Section 44-34-40. (A) A person wishing to operate a tattoo 42 facility shall register with the department prior to beginning

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1 disqualification which tattooing may confer upon a prospective 2 blood donor according to the current and subsequent amendments 3 to standards of the American Association of Blood Banks. This 4 notice also must appear in any informed consent or release form 5 which a tattoo artist uses. This informed consent or release form 6 must be signed by the prospective client and must contain, at a 7 minimum, aftercare suggestions for the specific tattoo site. 8 (C) A tattoo artist shall verify by means of a picture 9 identification that a recipient is at least twenty-one years of age. 10 For purposes of this section, ¿picture identification¿ means: 11 (a) a valid South Carolina driver¿s license; or 12 (b) an official photographic identification card issued by the 13 South Carolina Department of Revenue, a federal or state law 14 enforcement agency, an agency of the United States Department of 15 Defense, or United States Department of State. Proof that the 16 defendant demanded, was shown, and reasonably relied upon proof 17 of age is a defense to an action brought pursuant to this section. 18 (D) A person who has his or her body tattooed while under the 19 age of twenty-one in violation of subsection (C) above may bring 20 an action in the circuit court against the person convicted of the 21 violation to recover actual damages and punitive damages plus 22 costs of the action and attorney¿s fees. 23 Section 44-34-70. (A) The department may adopt regulations 24 that do not conflict with, or are not more comprehensive than, the 25 provisions of this chapter or with the standards adopted by the 26 department and promulgated in regulations by the department. 27 (B) This chapter does not limit the department¿s ability to 28 require a registrant to obtain any business license or permit that the 29 department finds appropriate. 30 Section 44-34-80. The department may revoke, suspend, or 31 refuse to issue or renew a permit pursuant to this chapter or may 32 place a tattoo facility on probation upon proof that the operator of 33 the facility under this chapter has: 34 (1) failed to maintain a business address or telephone 35 number at which the facility may be reached during business 36 hours; 37 (2) failed to maintain proper safety, sanitation, or 38 sterilization procedures as established by law or by department 39 regulations; 40 (3) obtained a tattoo facility license through fraud or deceit; 41 or 42 (4) violated any applicable law or regulation.

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1 Section 44-34-110. This chapter does not restrict the activities 2 of a physician or surgeon licensed pursuant to the laws of this 3 State. 4 Section 44-34-120. (A) It is unlawful for a person to perform 5 or offer to perform tattooing upon a person under the age of 6 twenty-one years, unless the tattooing is performed in the presence 7 of, or as directed by a notarized writing by, the person¿s parent or 8 legal guardian. 9 (B) This section does not apply to the tattooing of an 10 emancipated minor. 11 (C) The minor upon whom tattooing is performed, or the parent 12 or legal guardian of that minor, or any other minor is not liable for 13 punishment pursuant to this section. 14 (D) Tattooing may not be performed upon a person impaired by 15 drugs or alcohol. A person is considered incapable of consenting 16 to tattooing and incapable of understanding tattooing procedures 17 and aftercare suggestions. 18 (E) Tattooing may not be performed on skin surfaces having a 19 rash, pimples, boils, infections, or evidence of unhealthy 20 conditions. 21 (F) A person who violates a provision of this chapter is guilty 22 of a misdemeanor and, upon conviction, must be fined up to two 23 thousand five hundred dollars or imprisoned up to one year, or 24 both. 25 (G) All fines collected must be remitted to the State Treasurer 26 to be credited to the Department of Health and Environmental 27 Control in a separate and distinct account to be used solely to carry 28 out and enforce the provisions of this chapter.¿ 29 SECTION 2. Section 16-17-700 of the 1976 Code is amended to 30 read: 31 ¿Section 16-17-700. It is unlawful for a person to tattoo any 32 part of the body of another person unless the tattoo artist meets the 33 requirements of Chapter 34 of Title 44. It However, it is not 34 unlawful for a licensed physician or surgeon to tattoo part of a 35 patient¿s the body of a person of any age if in his the physician¿s or 36 surgeon¿s medical opinion it is necessary when performing 37 cosmetic or reconstructive surgery or appropriate, and it is not 38 unlawful for a physician to delegate tattooing procedures to an 39 employee in accordance with Section 40-47-60, subject to the 40 regulations of the State Board of Medical Examiners. 41 A person who violates the provisions of this section is guilty of 42 a misdemeanor and, upon conviction, must be fined in the

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1 discretion of the court up to two thousand five hundred dollars or 2 imprisoned not more than one year, or both. 3 SECTION 3. This act takes effect October 1, 2000./ 4 Renumber sections to conform. 5 Amend totals and title to conform. 6 7 JOE E. BROWN, for Committee. 8 9 STATEMENT OF ESTIMATED FISCAL IMPACT 10 ESTIMATED FISCAL IMPACT ON GENERAL FUND 11 EXPENDITURES: 12 A Cost to the General Fund (See Below) 13 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 14 FUND EXPENDITURES: 15 A Cost of Federal and/or Other Funds (See Below) 16 RECURRING NON-RECURRING 17 General Federal/Other General Federal/Other 18 Personal Service 19 & Employer 20 Contributions $137,711 $30,000 $ 0 $ 0 21 FTE (5.00) (0) (0) (0) 22 Operating Costs 17,440 0 17,500 0 23 Other: 0 0 0 0 24 TOTAL $155,151 $30,000 $17,500 $ 0 25 EXPLANATION OF IMPACT: 26 The Department of Health & Environmental Control (DHEC) 27 estimates that there are approximately 100 tattooing facilities 28 currently located throughout the State. One annual inspection and 29 an estimated two complaint-related inspections per year would 30 require DHEC to perform 300 inspections annually. DHEC 31 estimates that 3 inspectors, 1 Administrative Specialist and 1 32 Registered Nurse/Manager would be required to implement this 33 inspection program at a cost of $167,711 for salaries and fringe 34 benefits. Operating costs are estimated at $3,488 per FTE. 35 Therefore, recurring costs are estimated at $185,151 annually, of 36 which $30,000 would be covered by other funds generated through 37 annual permit fees. Non-recurring costs for one-time office set-up 38 are estimated at $3,500 per FTE. Therefore, total first year costs 39 are estimated at $202,651. 40 Section 44-34-40(B) states that DHEC may charge an additional 41 amount if necessary to cover the cost of inspection. The impact on 42 the General Fund of the State described above is based on the 43 assumption that DHEC would not charge an additional fee above

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1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO 13 TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS 14 OVER TWENTY-ONE YEARS OF AGE PURSUANT TO 15 RECOMMENDATIONS FOR PREVENTING TRANSMISSION 16 OF INFECTION AND GUIDELINES FOR PREVENTION OF 17 TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS 18 AND HEPATITIS B VIRUS PROMULGATED BY THE 19 CENTERS FOR DISEASE CONTROL, OR EQUIVALENT 20 GUIDELINES DEVELOPED BY THE DEPARTMENT OF 21 HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE 22 NOTICE TO PATRONS INFORMING THEM OF ANY 23 DISQUALIFICATION WHICH TATTOOING MAY CONFER 24 UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE 25 THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE 26 FORM, TO REQUIRE PROOF OF AGE FROM A 27 PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE 28 PENALTIES FOR VIOLATION OF THIS SECTION, AND TO 29 PROVIDE THAT REASONABLE RELIANCE OF PROOF OF 30 AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER 31 THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, 32 RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY 33 ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A 34 PERSON UNDER THE AGE OF TWENTY-ONE WHO IS 35 TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) 36 MAY BRING AN ACTION AGAINST THE PERSON 37 CONVICTED OF THE VIOLATION TO RECOVER ACTUAL 38 AND PUNITIVE DAMAGES PLUS COSTS AND 39 ATTORNEY¿S FEES. 40 41 Be it enacted by the General Assembly of the State of South 42 Carolina:

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1 2 SECTION 1. Section 16-17-700 of the 1976 Code is amended to 3 read: 4 5 ¿Section 16-17-700. (A) It is unlawful for a person to tattoo: 6 (1) any part of the body of another person under the age of 7 twenty one without express written consent of the parent or 8 guardian of the person and unless the original written consent is 9 kept on file, for a period of two years from the date of the tattoo, at 10 the establishment performing the tattoo; 11 (2) any part of the head, face, or neck of another person; 12 (3) another person without first applying for and obtaining a 13 permit issued by the South Carolina Department of Health and 14 Environmental Control. The department shall issue this permit, 15 renewable annually, to a person upon the submission of: 16 (a) a certificate of the applicant¿s successful completion 17 of a course in infection control as approved by the department; 18 (b) payment of a three hundred dollar permit fee; 19 (c) a favorable recommendation of the local governing 20 body where the business will be located. In making its 21 recommendation, the local governing body shall consider the 22 criminal background of the applicant as provided by the sheriff of 23 the county where the applicant resides. If the background check is 24 favorable, the local governing body must submit a favorable 25 recommendation of the applicant; and 26 (d) a certified copy of an ordinance passed by the local 27 governing body where the business will be located approving the 28 tattooing of persons within its jurisdiction. 29 It However, it is not unlawful for a licensed physician or 30 surgeon to tattoo part of a patient¿s the body of a person of any age 31 if in his the physician¿s or surgeon¿s medical opinion it is 32 necessary when performing cosmetic or reconstructive surgery or 33 appropriate, and it is not unlawful for a physician to delegate 34 tattooing procedures to an employee in accordance with Section 35 40-47-60, subject to the regulations of the State Board of Medical 36 Examiners. 37 A person who violates the provisions of this section for a first 38 offense is guilty of a misdemeanor and, upon conviction, must be 39 fined in the discretion of the court not less than five hundred 40 dollars or imprisoned not more than one year, or both. For a 41 second or subsequent offense, a person must be fined not less than 42 five hundred dollars or imprisoned not less than one year, or both. 43 (B) A tattoo artist conspicuously shall display:

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1 (1) a clearly legible notice to patrons informing them of any 2 disqualification which tattooing may confer upon a prospective 3 blood donor according to the current and subsequent amendments 4 to standards of the American Association of Blood Banks. This 5 notice must also appear in any informed consent or release form 6 which a tattoo artist uses; 7 (2) the certificate of successful completion of a course in 8 infection control as approved by the department; and 9 (3) the permit issued by the department pursuant to 10 subsection (A). 11 (C) A tattoo artist, in order to comply with department infection 12 control precautions, must: 13 (1) wash his hands with soap and water before and after 14 each recipient¿s procedure; 15 (2) use single-use disposable sterile or surgical style gloves 16 when performing tattoo procedures on recipients. These gloves 17 must never be washed or reused in any manner and must be 18 immediately discarded and replaced upon notice of a tear or other 19 defect; 20 (3) use sterilized or disposable razors on individuals who 21 must undergo shaving of hair; 22 (4) clean the recipient¿s skin with a germicidal solution 23 approved by the department; 24 (5) use on each recipient either (a) sterile, disposable needles 25 and injection equipment which is designated and sterilely 26 packaged as single-use only or (b) reusable needles and injection 27 equipment only if properly sterilized by autoclave or chemical 28 germicide used in accordance with the manufacturer¿s directions; 29 (6) dispose of the used needles and injection equipment in 30 safety puncture-proof containers as approved by the department 31 and must dispose of the used needle containers in a manner 32 prescribed by the department; and 33 (7) allow and cooperate with on-site inspections as 34 considered necessary by the department. 35 (D) A tattoo artist must not: 36 (1) use stencils to transfer designs to skin or containers of 37 ink or dye unless separate, disposable single-use stencils or 38 containers are used on each recipient; 39 (2) use alum or styptic pencils considered necessary to 40 control bleeding unless a separate, disposable single-use item is 41 used on each recipient. 42 (E) A person engaged in tattooing shall verify by means of a 43 picture identification that a recipient is at least twenty-one years of

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1 age. For purposes of this section, ¿picture identification¿ means (a) 2 a valid South Carolina driver¿s license; or (b) an official 3 photographic identification card issued by the South Carolina 4 Department of Revenue, a federal or state law enforcement agency, 5 an agency of the United States Department of Defense, or United 6 States Department of State. Proof that the defendant demanded, 7 was shown, and reasonably relied upon proof of age is a defense to 8 an action brought pursuant to this section. 9 (F) The department may revoke a permit or deny an application 10 for a new or renewed permit for violations of the provisions of this 11 section. The revocation or denial may be appealed as a contested 12 case pursuant to the Administrative Procedures Act. A person 13 engaged in tattooing whose permit has been revoked or denied 14 may not reapply for a period of one year from the date of 15 revocation or denial.¿ 16 17 SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended 18 by adding: 19 20 ¿Section 16-17-705. A person who is tattooed while under the 21 age of eighteen twenty-one in violation of Section 22 16-17-700(A)(1) may bring an action in the circuit court against 23 the person convicted of the violation to recover actual damages 24 and punitive damages plus costs of the action and attorney¿s fees, 25 subject to Section 15-3-40.¿ 26 27 SECTION 3. This act takes effect upon approval by the Governor. 28 ----XX----

 

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1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS 12 OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS 13 TO PERMIT TATTOOING OF PERSONS OVER TWENTY-ONE 14 YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR 15 PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES 16 FOR PREVENTION OF TRANSMISSION OF HUMAN 17 IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS 18 PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR 19 EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT 20 OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE 21 NOTICE TO PATRONS INFORMING THEM OF ANY 22 DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON 23 A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS 24 NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO 25 REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO 26 RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS 27 SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF 28 PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT 29 UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, 30 RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY 31 ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A 32 PERSON UNDER THE AGE OF TWENTY-ONE WHO IS 33 TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY 34 BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE 35 VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES 36 PLUS COSTS AND ATTORNEY¿S FEES. 37 38 Be it enacted by the General Assembly of the State of South Carolina: 39 SECTION 1. Section 16-17-700 of the 1976 Code is amended to read: 40 41 ¿Section 16-17-700. (A) It is unlawful for a person to tattoo: 42 (1) any part of the body of another person under the age of twenty 43 one without express written consent of the parent or guardian of the 44 person and unless the original written consent is kept on file, for a period 45 of two years from the date of the tattoo, at the establishment performing 46 the tattoo; 47 (2) any part of the head, face, or neck of another person;

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1 (3) another person without first applying for and obtaining a 2 permit issued by the South Carolina Department of Health and 3 Environmental Control. The department shall issue this permit, 4 renewable annually, to a person upon the submission of: 5 (a) a certificate of the applicant¿s successful completion of a 6 course in infection control as approved by the department; 7 (b) payment of a three hundred dollar permit fee; and 8 (c) a favorable recommendation of the local governing body 9 where the business will be located. In making its recommendation, the 10 local governing body shall consider the criminal background of the 11 applicant as provided by the sheriff of the county where the applicant 12 resides. If the background check is favorable, the local governing body 13 must submit a favorable recommendation of the applicant. 14 It However, it is not unlawful for a licensed physician or surgeon to 15 tattoo part of a patient¿s the body of a person of any age if in his the 16 physician¿s or surgeon¿s medical opinion it is necessary when performing 17 cosmetic or reconstructive surgery. 18 A person who violates the provisions of this section for a first offense 19 is guilty of a misdemeanor and, upon conviction, must be fined in the 20 discretion of the court not less than five hundred dollars or imprisoned 21 not more than one year, or both. For a second or subsequent offense, a 22 person must be fined not less than five hundred dollars or imprisoned not 23 less than one year, or both. 24 (B) A tattoo artist conspicuously shall display: 25 (1) a clearly legible notice to patrons informing them of any 26 disqualification which tattooing may confer upon a prospective blood 27 donor according to the current and subsequent amendments to standards 28 of the American Association of Blood Banks. This notice must also 29 appear in any informed consent or release form which a tattoo artist uses; 30 (2) the certificate of successful completion of a course in infection 31 control as approved by the department; and 32 (3) the permit issued by the department pursuant to subsection 33 (A). 34 (C) A tattoo artist, in order to comply with department infection 35 control precautions, must: 36 (1) wash his hands with soap and water before and after each 37 recipient¿s procedure; 38 (2) use single-use disposable sterile or surgical style gloves when 39 performing tattoo procedures on recipients. These gloves must never be 40 washed or reused in any manner and must be immediately discarded and 41 replaced upon notice of a tear or other defect; 42 (3) use sterilized or disposable razors on individuals who must 43 undergo shaving of hair; 44 (4) clean the recipient¿s skin with a germicidal solution approved 45 by the department; 46 (5) use on each recipient either (a) sterile, disposable needles and 47 injection equipment which is designated and sterilely packaged as single-

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1 use only or (b) reusable needles and injection equipment only if properly 2 sterilized by autoclave or chemical germicide used in accordance with the 3 manufacturer¿s directions; 4 (6) dispose of the used needles and injection equipment in safety 5 puncture-proof containers as approved by the department and must 6 dispose of the used needle containers in a manner prescribed by the 7 department; and 8 (7) allow and cooperate with on-site inspections as considered 9 necessary by the department. 10 (D) A tattoo artist must not: 11 (1) use stencils to transfer designs to skin or containers of ink or 12 dye unless separate, disposable single-use stencils or containers are used 13 on each recipient; 14 (2) use alum or styptic pencils considered necessary to control 15 bleeding unless a separate, disposable single-use item is used on each 16 recipient. 17 (E) A person engaged in tattooing shall verify by means of a picture 18 identification that a recipient is at least twenty-one years of age. For 19 purposes of this section, ¿picture identification¿ means (a) a valid South 20 Carolina driver¿s license; or (b) an official photographic identification 21 card issued by the South Carolina Department of Revenue, a federal or 22 state law enforcement agency, an agency of the United States Department 23 of Defense, or United States Department of State. Proof that the 24 defendant demanded, was shown, and reasonably relied upon proof of age 25 is a defense to an action brought pursuant to this section. 26 (F) The department may revoke a permit or deny an application 27 for a new or renewed permit for violations of the provisions of this 28 section. The revocation or denial may be appealed as a contested 29 case pursuant to the Administrative Procedures Act. A person 30 engaged in tattooing whose permit has been revoked or denied 31 may not reapply for a period of one year from the date of 32 revocation or denial.¿ 33 34 SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended by 35 adding: 36 37 ¿Section 16-17-705. A person who is tattooed while under the age of 38 eighteen twenty-one in violation of Section 16-17-700(A)(1) may bring 39 an action in the circuit court against the person convicted of the violation 40 to recover actual damages and punitive damages plus costs of the action 41 and attorney¿s fees, subject to Section 15-3-40.¿ 42 43 SECTION 3. This act takes effect upon approval by the Governor. 44 ----XX---- 45