HCS CSSB 34(FIN): "An Act relating to tattooing, body piercing, and ear piercing; relating to other occupations regulated by the Board of Barbers and Hairdressers; relating to fees charged by the Board of Barbers and Hairdressers; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 34(FIN) 01 "An Act relating to tattooing, body piercing, and ear piercing; relating to other 02 occupations regulated by the Board of Barbers and Hairdressers; relating to fees 03 charged by the Board of Barbers and Hairdressers; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.01.065(c) is amended to read: 07 (c) Except as provided in (f) and (g) of this section, the department shall 08 establish fee levels under (a) of this section so that the total amount of fees collected 09 for an occupation approximately equals the actual regulatory costs for the occupation. 10 The department shall annually review each fee level to determine whether the 11 regulatory costs of each occupation are approximately equal to fee collections related 12 to that occupation. If the review indicates that an occupation's fee collections and 13 regulatory costs are not approximately equal, the department shall calculate fee 14 adjustments and adopt regulations under (a) of this section to implement the
01 adjustments. In January of each year, the department shall report on all fee levels and 02 revisions for the previous year under this subsection to the office of management and 03 budget. If a board regulates an occupation covered by this chapter, the department 04 shall consider the board's recommendations concerning the occupation's fee levels and 05 regulatory costs before revising fee schedules to comply with this subsection. In this 06 subsection, "regulatory costs" means costs of the department that are attributable to 07 regulation of an occupation plus 08 (1) all expenses of the board that regulates the occupation if the board 09 regulates only one occupation; 10 (2) the expenses of a board that are attributable to the occupation if the 11 board regulates more than one occupation. 12 * Sec. 2. AS 08.01.065 is amended by adding a new subsection to read: 13 (g) Notwithstanding (c) of this section, the department shall establish fee levels 14 under (a) of this section so that the total amount of fees collected by the Board of 15 Barbers and Hairdressers approximately equals the total regulatory costs of the 16 department, the board, and the Department of Environmental Conservation for all 17 occupations regulated by the board. For purposes of this subsection, the regulatory 18 costs of the Department of Environmental Conservation for the occupations regulated 19 by the board include the cost of inspections under AS 08.13.210(b), the cost of 20 developing and adopting regulations under AS 44.46.020 for barbershop, hairdressing, 21 manicuring, esthetics, body piercing, ear piercing, and tattooing and permanent 22 cosmetic coloring establishments, and the cost to the Department of Environmental 23 Conservation of enforcing those regulations except for the enforcement costs relating 24 to ear piercing establishments. The department shall set the fee levels for the issuance 25 and renewal of a practitioner's license issued under AS 08.13.100 so that the license 26 and license renewal fees are the same for all occupations regulated by the Board of 27 Barbers and Hairdressers. 28 * Sec. 3. AS 08.13.010 is amended to read: 29 Sec. 08.13.010. Creation and membership of board. (a) There is created 30 the Board of Barbers and Hairdressers consisting of six [FIVE] members appointed by 31 the governor.
01 (b) The board consists of 02 (1) two persons licensed as barbers under this chapter; 03 (2) one person licensed to practice body piercing or licensed to 04 practice tattooing and permanent cosmetic coloring under this chapter; 05 (3) two persons licensed as hairdressers under this chapter, one of 06 whom is also licensed as an esthetician under this chapter; and 07 (4) [(3)] one public member. 08 * Sec. 4. AS 08.13.030 is amended to read: 09 Sec. 08.13.030. Powers and duties of the board. (a) The board shall 10 exercise general control over the vocations of barbering, hairdressing, manicuring, 11 [AND] esthetics , and body piercing and the vocation of tattooing and permanent 12 cosmetic coloring . 13 (b) The board shall 14 (1) examine applicants and approve the issuance of licenses and permits 15 to practice; 16 (2) authorize the issuance of licenses for schools of barbering, 17 hairdressing, manicuring, and esthetics ; 18 (3) develop written instructions and notices that tattooing and 19 permanent cosmetic coloring shop owners and practitioners and body piercing 20 shop owners and practitioners are required to give or display under AS 08.13.215 . 21 (c) The board may 22 (1) suspend or revoke a license or permit; 23 (2) on its own motion or upon receipt of a written complaint, conduct 24 hearings and request the Department of Community and Economic Development or 25 the Department of Environmental Conservation to investigate the practices of a 26 person, shop, or school involved in the practice or teaching of barbering, hairdressing, 27 manicuring, [OR] esthetics , body piercing, or tattooing and permanent cosmetic 28 coloring ; 29 (3) adopt regulations or do any act necessary to carry out the provisions 30 of this chapter. 31 * Sec. 5. AS 08.13.070 is amended to read:
01 Sec. 08.13.070. License required. A person may not 02 (1) practice barbering, hairdressing, [OR] esthetics , body piercing, or 03 tattooing and permanent cosmetic coloring without a license, temporary permit, 04 temporary license, or student permit unless exempted under AS 08.13.160(d); 05 (2) practice barbering, hairdressing, [OR] esthetics , body piercing, or 06 tattooing and permanent cosmetic coloring except in a shop or school licensed under 07 this chapter unless exempted under AS 08.13.160(d) or permitted under 08 AS 08.13.160(e); 09 (3) open or conduct a school of barbering, hairdressing, or esthetics 10 without a license; 11 (4) teach in a school of barbering, hairdressing, or esthetics, or 12 supervise an apprentice in barbering, hairdressing, or esthetics without an 13 instructor's license; 14 (5) operate a shop in violation of AS 08.13.120; 15 (6) permit an employee or other person being supervised who is not 16 exempted under AS 08.13.160(d) to practice barbering, hairdressing, [OR] esthetics , 17 body piercing, or tattooing and permanent cosmetic coloring without a license, 18 temporary permit, temporary license, or student permit; 19 (7) permit the use of the person's license, temporary permit, temporary 20 license, or student permit by another person; 21 (8) obtain or attempt to obtain a license, temporary permit, temporary 22 license, or student permit by fraudulent means. 23 * Sec. 6. AS 08.13.080 is amended by adding a new subsection to read: 24 (d) An applicant for a license to practice body piercing or a license to practice 25 tattooing and permanent cosmetic coloring shall 26 (1) satisfy the training requirement of AS 08.13.082(d); 27 (2) by passing a written examination approved by the board, 28 demonstrate to the board or the board's designee safety, sanitation, sterilization, and 29 aseptic techniques that indicate that the applicant has adequate knowledge of infection 30 control practices and requirements relating either to tattooing and permanent cosmetic 31 coloring or to body piercing, as applicable; this demonstration may, at the option of
01 the board, also include a practical examination in addition to the written examination; 02 and 03 (3) pay the appropriate fee. 04 * Sec. 7. AS 08.13.082 is amended by adding a new subsection to read: 05 (d) The number of hours of training required to qualify an applicant for a 06 license to practice either tattooing and permanent cosmetic coloring or body piercing 07 shall be set by the board in regulations. The trainee must be at least 18 years of age 08 when the training commences. The training required under this subsection 09 (1) may only be received 10 (A) in a licensed shop in this state under a person who has a 11 practitioner's license under this chapter in the field in which the trainee seeks 12 training; or 13 (B) outside the state from a person approved by the board at a 14 site approved by the board; 15 (2) must include at least 12 hours of training in safety, sanitation, 16 sterilization, aseptic, and other practices necessary to prevent transmission of diseases 17 and infection; 18 (3) shall be completed in not more than 12 months from the date of its 19 commencement; and 20 (4) shall be documented by certification from the trainer that the 21 training was successfully completed by the trainee. 22 * Sec. 8. AS 08.13.100(a) is amended to read: 23 (a) The board shall authorize the issuance of a license for the practice of 24 barbering, hairdressing, or esthetics to each qualified applicant who has passed an 25 examination under AS 08.13.090. The board shall authorize the issuance of a 26 license for the practice of tattooing and permanent cosmetic coloring or for body 27 piercing to each applicant who has satisfied the requirements of AS 08.13.080(d). 28 * Sec. 9. AS 08.13.100(b) is amended to read: 29 (b) A practitioner license must state the areas of practice (barbering, 30 hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, or 31 body piercing [OR ANY COMBINATION]) that the practitioner is qualified to
01 perform. 02 * Sec. 10. AS 08.13.100(d) is amended to read: 03 (d) A person who holds [HOLDING] a current valid license from a board of 04 barbering, hairdressing, manicuring, or esthetics in another state or who is licensed by 05 another state to practice tattooing and permanent cosmetic coloring or to practice 06 body piercing is entitled to a license or endorsement under this chapter without 07 examination or a new period of training in this state. An application must include 08 (1) proof of a valid license issued by another licensing jurisdiction; and 09 (2) proof of completed training, testing, and working experience that 10 the board finds to meet the minimum requirements of this [THE] state. 11 * Sec. 11. AS 08.13.100(e) is amended to read: 12 (e) A person licensed as an instructor is considered to be licensed as a 13 practitioner and is subject to the same requirements that a practitioner is subject to, in 14 the same area for which the person is licensed as an instructor, except that, for 15 purposes of setting fees under AS 08.01.065, the department shall consider instructors 16 to be an occupation separate from practitioners. An instructor license shall state the 17 areas of practice (barbering, hairdressing, manicuring, or esthetics [, OR ANY 18 COMBINATION]) in which the licensee is qualified to instruct and practice. 19 * Sec. 12. AS 08.13.120 is amended to read: 20 Sec. 08.13.120. Shop license. (a) The board shall adopt regulations for the 21 licensing of shops. The regulations must require that a shop for tattooing and 22 permanent cosmetic coloring or for body piercing be inspected and certified by 23 the Department of Environmental Conservation as being in compliance with the 24 regulations adopted under AS 44.46.020 before a shop license may be issued under 25 this subsection. A shop owner shall be licensed to operate a shop without 26 examination, but , unless the shop owner is a practitioner , the shop owner may not 27 conduct business without employing a manager who is a practitioner. This subsection 28 [SECTION] does not apply to a shop for the practice of barbering, hairdressing, or 29 esthetics located in a community having a population of less than 1,000 people that 30 is not within 25 miles of a community of more than 1,000 people. 31 * Sec. 13. AS 08.13.120 is amended by adding a new subsection to read:
01 (b) The regulations adopted under (a) of this section must include provisions 02 under which the board may issue a temporary shop license to a person who has a 03 license or temporary permit under this chapter to practice tattooing and permanent 04 cosmetic coloring or to practice body piercing. The temporary shop license authorized 05 under this subsection may only be issued to cover a site where the practitioner intends 06 to hold a workshop or to demonstrate techniques as part of a convention or other 07 special event, as defined by the board, that includes other practitioners of tattooing and 08 permanent cosmetic coloring or body piercing. Each practitioner of tattooing and 09 permanent cosmetic coloring or body piercing who holds a workshop or demonstrates 10 techniques at a convention or special event shall have a separate temporary shop 11 license and a license or temporary permit under this chapter to practice tattooing and 12 permanent cosmetic coloring or body piercing. The board shall issue a temporary shop 13 license upon receipt of an application from a practitioner demonstrating compliance 14 with the regulations adopted under this section and payment of the appropriate fee; 15 however, the temporary shop license may be summarily revoked, without refunding of 16 the fee, if the Department of Environmental Conservation determines after an 17 inspection that the cleanliness or sanitation conditions at the site covered by the 18 temporary license pose a clear and immediate danger to the public health or safety. 19 A licensee may appeal a summary revocation under this subsection to the superior 20 court. 21 * Sec. 14. AS 08.13.150 is amended to read: 22 Sec. 08.13.150. Disciplinary sanctions and grounds [GROUNDS] for refusal 23 [, SUSPENSION, OR REVOCATION] of a license or permit. The board may , in 24 addition to the actions authorized under AS 08.01.075, refuse, suspend, or revoke 25 a license, student permit, temporary license, or temporary permit for failure to comply 26 with this chapter, with a regulation adopted under this chapter, with a regulation 27 adopted by the Department of Environmental Conservation under AS 44.46.020, 28 or with an order of the board. 29 * Sec. 15. AS 08.13.160(d) is amended to read: 30 (d) The licensing and permit provisions of this chapter do not apply to 31 (1) a person practicing barbering, hairdressing, manicuring, or esthetics
01 in a community having a population of less than 1,000 people that is not within 25 02 miles of a community of more than 1,000 people and who uses only chemicals 03 available to the general public; 04 (2) the practice of manicuring by a student as part of instruction in a 05 12-hour course approved under AS 08.13.110(b); 06 (3) a shampoo person; 07 (4) a licensed health care professional; 08 (5) a person licensed by another licensing jurisdiction in a field of 09 practice licensed by this chapter while demonstrating techniques or products to persons 10 holding licenses or permits under this chapter ; 11 (6) a person practicing tattooing and permanent cosmetic coloring 12 or body piercing solely on the person's own body . 13 * Sec. 16. AS 08.13.160(e) is amended to read: 14 (e) The board shall adopt regulations to permit a person licensed under this 15 chapter to practice barbering, hairdressing, or esthetics outside a licensed shop or 16 school for limited purposes including 17 (1) care of clients confined to an institution or health care facility; 18 (2) care of clients with limited mobility; 19 (3) participation in charitable events; and 20 (4) participation in workshops or demonstrations of techniques or 21 products. 22 * Sec. 17. AS 08.13.170 is amended to read: 23 Sec. 08.13.170. Temporary permits. The department shall issue a temporary 24 permit to an applicant for licensing who holds a license to practice barbering, 25 hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, 26 or body piercing [AS A BARBER, HAIRDRESSER, MANICURIST, OR 27 ESTHETICIAN] in another state. The permit is valid until the board either issues a 28 permanent license or rejects the application. The board shall act on an application 29 within six months. 30 * Sec. 18. AS 08.13.180 is amended to read: 31 Sec. 08.13.180. Student permits. A person attending a licensed school of
01 barbering, hairdressing, or esthetics and a person apprenticed to a licensed instructor 02 in a shop approved by the board or receiving training from a practitioner of 03 tattooing and permanent cosmetic coloring or body piercing shall obtain a student 04 permit. A student permit to practice barbering or hairdressing is valid for two years. 05 A student permit to practice esthetics , tattooing and permanent cosmetic coloring, 06 or body piercing is valid for one year. A student permit may not be renewed, but, 07 upon application, the board may issue a new permit to the same person or extend an 08 expired permit to the date of the next scheduled examination. Credit earned under an 09 expired student permit may be transferred to a new permit as determined by the board. 10 * Sec. 19. AS 08.13.185(a) is amended to read: 11 (a) The Department of Community and Economic Development shall set fees 12 under AS 08.01.065 for initial licenses, endorsements, and renewals for the following: 13 (1) schools; 14 (2) school owners; 15 (3) instructor; 16 (4) shop owner; 17 (5) practitioner of barbering; 18 (6) practitioner of hairdressing; 19 (7) practitioner of manicuring; 20 (8) practitioner of esthetics; 21 (9) endorsement for advanced manicurist; 22 (10) practitioner of tattooing and permanent cosmetic coloring; 23 (11) practitioner of body piercing; 24 (12) temporary shop license; 25 (13) temporary permit; 26 (14) [(11)] temporary license; 27 (15) [(12)] student permit. 28 * Sec. 20. AS 08.13.190(a) is amended to read: 29 (a) A person who practices barbering, hairdressing, [OR] esthetics, tattooing 30 and permanent cosmetic coloring, or body piercing, or operates a shop, or operates 31 a school of barbering, hairdressing, or esthetics, or teaches in a school of barbering,
01 hairdressing, or esthetics, without a license, temporary permit, temporary license, or 02 student permit and who is not exempt under AS 08.13.120 or under AS 08.13.160(d) 03 is guilty of a class B misdemeanor. 04 * Sec. 21. AS 08.13 is amended by adding a new section to article 2 to read: 05 Sec. 08.13.195. Civil penalty. (a) In addition to any other provision of law, 06 if a person violates AS 08.13.070 or 08.13.217, the board may enter an order levying 07 a civil penalty. 08 (b) A civil penalty levied under this section may not exceed $5,000 for each 09 offense. In levying a civil penalty, the board shall set the amount of the penalty 10 imposed under this section after taking into account appropriate factors, including the 11 seriousness of the violation, the economic benefit resulting from the violation, the 12 history of violations, and other matters the board considers appropriate. 13 (c) Before issuing an order under this section, the board shall provide the 14 person written notice and the opportunity to request, within 30 days of issuance of 15 notice by the board, a hearing on the record. 16 (d) In connection with proceedings under (a) and (b) of this section, the board 17 may issue subpoenas to compel the attendance and testimony of witnesses and the 18 disclosure of evidence, and may request the attorney general to bring an action to 19 enforce a subpoena. 20 (e) A person aggrieved by the levy of a civil penalty under this section may 21 file an appeal with the superior court for judicial review of the penalty under 22 AS 44.62.560. 23 (f) If a person fails to pay a civil penalty within 30 days after entry of an order 24 under (a) of this section, or if the order is stayed pending an appeal, within 10 days 25 after the court enters a final judgment in favor of the board of an order appealed under 26 (e) of this section, the board shall notify the attorney general. The attorney general 27 may commence a civil action to recover the amount of the penalty. 28 (g) An action to enforce an order under this section may be combined with an 29 action for an injunction under AS 08.01.087. 30 * Sec. 22. AS 08.13.210 is amended to read: 31 Sec. 08.13.210. Health and sanitary conditions. Health and sanitary
01 conditions in shops and schools of barbering, hairdressing, manicuring, [AND] 02 esthetics , tattooing and permanent cosmetic coloring, and body piercing shall be 03 supervised by the Department of Environmental Conservation. 04 * Sec. 23. AS 08.13.210 is amended by adding a new subsection to read: 05 (b) The Department of Environmental Conservation shall conduct an annual 06 inspection of each shop licensed for the practice of tattooing and permanent cosmetic 07 coloring or for the practice of body piercing to ensure that the shop meets the 08 department's standards of cleanliness and sanitation established under AS 44.46.020. 09 If the Department of Environmental Conservation determines that the shop is not in 10 compliance with a regulation of the department, the department shall report the 11 violation to the board and take appropriate action under its own regulations. 12 * Sec. 24. AS 08.13 is amended by adding new sections to read: 13 Sec. 08.13.215. Notification requirements for tattooing and permanent 14 cosmetic coloring and for body piercing. (a) Before performing a tattooing and 15 permanent cosmetic coloring procedure or a body piercing procedure on a client, a 16 practitioner shall give written educational information, approved by the board, to the 17 client. 18 (b) After completing a tattooing and permanent cosmetic coloring procedure 19 or a body piercing procedure on a client, the practitioner shall give written aftercare 20 instructions, approved by the board, to the client. The written instructions 21 (1) must include advice to the client to consult a physician at the first 22 sign of infection; 23 (2) must contain the name, address, and telephone number of the shop 24 where the procedure was performed; 25 (3) shall be signed and dated by the client and the practitioner; the 26 practitioner shall keep the original and provide a copy to the client. 27 (c) The owner of a shop for tattooing and permanent cosmetic coloring or for 28 body piercing shall prominently display 29 (1) a copy of the statement provided by the board under 30 AS 08.13.030(b) that advises the public of the health risks and possible consequences 31 of tattooing and permanent cosmetic coloring or body piercing, as applicable;
01 (2) the names, addresses, and telephone numbers of the division of 02 occupational licensing, Department of Community and Economic Development, and 03 the Department of Environmental Conservation and a description of how a complaint 04 about the shop or a practitioner in the shop may be filed with either entity or with the 05 board. 06 Sec. 08.13.217. Tattooing and permanent cosmetic coloring or body 07 piercing on a minor. (a) A person may not practice tattooing and permanent 08 cosmetic coloring on a minor. 09 (b) A person may not practice body piercing on a minor without prior written 10 permission from the minor's parent or legal guardian and the presence of the parent 11 or legal guardian during the body piercing procedure. The person who performs the 12 body piercing shall keep a copy of the written permission on file for at least three 13 years. 14 (c) A person who with criminal negligence violates this section is guilty of a 15 class B misdemeanor. In this subsection, "criminal negligence" has the meaning given 16 in AS 11.81.900. 17 * Sec. 25. AS 08.13.220(6) is amended to read: 18 (6) "instructor" means a person who teaches barbering, hairdressing, 19 manicuring, or esthetics in a school or who supervises an apprentice in barbering, 20 hairdressing, or esthetics ; 21 * Sec. 26. AS 08.13.220(8) is amended to read: 22 (8) "practitioner" means a person licensed to practice barbering, 23 hairdressing, manicuring, [OR] esthetics , tattooing and permanent cosmetic coloring, 24 or body piercing under this chapter; 25 * Sec. 27. AS 08.13.220(10) is amended to read: 26 (10) "shop" is an establishment operated for the purpose of engaging 27 in barbering, hairdressing, manicuring, [OR] esthetics , tattooing and permanent 28 cosmetic coloring, or body piercing . 29 * Sec. 28. AS 08.13.220 is amended by adding new paragraphs to read: 30 (11) "body piercing" means puncturing the body of a person by aid of 31 needles or other instruments designed to be used to puncture the body for the purpose
01 of inserting jewelry or other objects in or through the human body, except that, for 02 purposes of this chapter, "body piercing" does not include puncturing the external part 03 of the human ear; 04 (12) "tattooing and permanent cosmetic coloring" means the process by 05 which the skin is marked or colored by insertion of nontoxic dyes or pigments into the 06 dermal layer of the skin so as to form indelible marks, figures, or decorative designs 07 for nonmedical purposes. 08 * Sec. 29. AS 44.46.020 is amended to read: 09 Sec. 44.46.020. Duties of department. The Department of Environmental 10 Conservation shall 11 (1) have primary responsibility for coordination and development of 12 policies, programs, and planning related to the environment of the state and of the 13 various regions of the state; 14 (2) have primary responsibility for the adoption and enforcement of 15 regulations setting standards for the prevention and abatement of all water, land, 16 subsurface land, and air pollution, and other sources or potential sources of pollution 17 of the environment, including by way of example only, petroleum and natural gas 18 pipelines; 19 (3) promote and develop programs for the protection and control of the 20 environment of the state; 21 (4) take actions that are necessary and proper to further the policy 22 declared in AS 46.03.010; 23 (5) adopt regulations for 24 (A) the prevention and control of public health nuisances; 25 (B) the regulation of sanitation and sanitary practices in the 26 interest of public health; 27 (C) standards of cleanliness and sanitation in connection with 28 the construction, operation, and maintenance of a camp, cannery, food handling 29 establishment, food manufacturing plant, mattress manufacturing establishment, 30 industrial plant, school, barbershop, hairdressing, manicuring, [OR] esthetics , 31 tattooing and permanent cosmetic coloring, body piercing, or ear piercing
01 establishment, soft drink establishment, beer and wine dispensaries, and for 02 other similar establishments in which lack of sanitation may create a condition 03 that causes disease; 04 (D) the regulation of quality and purity of commercially 05 compressed air sold for human respiration. 06 * Sec. 30. AS 44.46.020 is amended by adding a new subsection to read: 07 (b) The department's regulations for tattooing and permanent cosmetic coloring 08 shops and for body piercing shops must include requirements that 09 (1) the shop be equipped with appropriate sterilizing equipment, with 10 availability of hot and cold running water, and with an appropriate waste receptacle; 11 (2) the owner of the shop is responsible for ensuring that case history 12 cards are kept for each client for a period of three years after the client's most recent 13 tattooing and permanent cosmetic coloring or body piercing; 14 (3) a practitioner in the shop may use only instruments for tattooing 15 and permanent cosmetic coloring or body piercing that have been sterilized in 16 accordance with methods approved by the department. 17 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 TRANSITIONAL LICENSES. (a) Notwithstanding AS 08.13, as amended by this 20 Act, the Board of Barbers and Hairdressers shall issue a license to practice tattooing and 21 permanent cosmetic coloring or to practice body piercing to a person who 22 (1) submits to the board by July 1, 2001, the proper application and fees; 23 (2) provides to the board satisfactory evidence that the person is 18 years of 24 age or older and has been practicing tattooing and permanent cosmetic coloring or body 25 piercing for a fee for at least 12 of the 24 consecutive months immediately preceding the 26 person's application date; and 27 (3) demonstrates to the board adequate safety, sanitation, sterilization, and 28 aseptic techniques and knowledge of infection control practices and requirements by passing 29 a written examination approved by the board. 30 (b) In this section, 31 (1) "body piercing" means puncturing the body of a person for a fee by aid of
01 needles or other instruments designed to be used to puncture the body for the purpose of 02 inserting jewelry or other objects in or through the human body, except that, for purposes of 03 this section, "body piercing" does not include puncturing the external part of the human ear; 04 (2) "tattooing and permanent cosmetic coloring" means the process by which, 05 for a fee, the skin is marked or colored by insertion of nontoxic dyes or pigments into the 06 dermal layer of the skin so as to form indelible marks, figures, or decorative designs for 07 nonmedical purposes. 08 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 TRANSITIONAL BOARD MEMBER. Notwithstanding AS 08.13.010, as amended 11 by sec. 3 of this Act, the initial member of the Board of Barbers and Hairdressers who is 12 appointed to fill the seat designated for a person licensed to practice tattooing and permanent 13 cosmetic coloring or body piercing need not be licensed to practice tattooing and permanent 14 cosmetic coloring or body piercing until July 1, 2002. 15 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 REGULATIONS. The Board of Barbers and Hairdressers and the Department of 18 Environmental Conservation shall begin the process of developing regulations to implement 19 this Act. A regulation developed under this section takes effect under AS 44.62 but not before 20 the effective date of the law that is implemented by the regulation. 21 * Sec. 34. Except as provided in secs. 35 and 36 of this Act, this Act takes effect 22 immediately under AS 01.10.070(c). 23 * Sec. 35. (a) AS 08.13.070, as amended by sec. 5 of this Act, AS 08.13.180, as amended 24 by sec. 18 of this Act, AS 08.13.190(a), as amended by sec. 20 of this Act, AS 08.13.215, 25 enacted by sec. 24 of this Act, and AS 44.46.020, as amended by secs. 29 and 30 of this Act, 26 take effect July 1, 2002. 27 (b) The following provision also takes effect July 1, 2002: AS 08.13.195, enacted by 28 sec. 21 of this Act, to the extent that AS 08.13.195 covers violations relating to tattooing and 29 permanent cosmetic coloring and body piercing other than violations of AS 08.13.217. 30 * Sec. 36. The following provisions take effect September 1, 2000: 31 (1) AS 08.13.217, enacted by sec. 24 of this Act;
01 (2) AS 08.13.195, enacted by sec. 21 of this Act, to the extent that 02 AS 08.13.195 covers violations of AS 08.13.217.