SB 34: "An Act relating to tattooing and body piercing; and providing for an effective date."
00SENATE BILL NO. 34 01 "An Act relating to tattooing and body piercing; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.13.030 is amended to read: 05 Sec. 08.13.030. Powers and duties of the board. (a) The board shall 06 exercise general control over the vocations of barbering, hairdressing, [AND] 07 cosmetology , tattooing, and body piercing . 08 (b) The board shall 09 (1) examine applicants and approve the issuance of licenses and permits 10 to practice; 11 (2) authorize the issuance of licenses for schools of barbering, 12 hairdressing, [AND] cosmetology , tattooing, and body piercing; 13 (3) conduct, together with the Department of Environmental 14 Conservation or separately, periodic inspections of shops of persons who are
01 licensed to practice tattooing or body piercing to determine whether the facility 02 and the procedures used in the facility meet the requirements of this chapter and 03 regulations adopted under this chapter . 04 (c) The board may 05 (1) suspend or revoke a license or permit; 06 (2) on its own motion or upon receipt of a written complaint, conduct 07 hearings and request the Department of Commerce and Economic Development to 08 investigate the practices of a person, shop, or school involved in the practice or 09 teaching of barbering, hairdressing, [OR] cosmetology , tattooing, or body piercing ; 10 (3) adopt regulations or do any act necessary to carry out the provisions 11 of this chapter. 12 * Sec. 2. AS 08.13.040 is amended to read: 13 Sec. 08.13.040. Meetings and examinations. The board shall meet as often 14 as necessary to conduct its business. It shall conduct separate examinations covering 15 each field of practice: barbering, hairdressing, [AND] cosmetology , tattooing, and 16 body piercing . Examinations shall be given at least twice in every year for each field 17 of practice for which applications for licensure are pending. An applicant may take 18 an examination in more than one field during the same testing session. 19 * Sec. 3. AS 08.13.070 is amended to read: 20 Sec. 08.13.070. License required. A person may not 21 (1) practice barbering, hairdressing, [OR] cosmetology , tattooing, or 22 body piercing without a license, temporary permit, or student permit unless exempted 23 under AS 08.13.160(d); 24 (2) practice barbering, hairdressing, [OR] cosmetology , tattooing, or 25 body piercing except in a shop or school licensed under this chapter unless exempted 26 under AS 08.13.160(d) or permitted under AS 08.13.160(e); 27 (3) open or conduct a school of barbering, hairdressing, [OR] 28 cosmetology , tattooing, or body piercing without a license; 29 (4) teach in a school of barbering, hairdressing, [OR] cosmetology, 30 tattooing, or body piercing, or supervise an apprentice without an instructor's license; 31 (5) operate a shop in violation of AS 08.13.120;
01 (6) permit an employee or other person being supervised who is not 02 exempted under AS 08.13.160(d) to practice barbering, hairdressing, [OR] 03 cosmetology , tattooing, or body piercing without a license, temporary permit, or 04 student permit; 05 (7) permit the use of the person's license, temporary permit, or student 06 permit by another person; 07 (8) obtain or attempt to obtain a license, temporary permit, or student 08 permit by fraudulent means. 09 * Sec. 4. AS 08.13.080 is amended to read: 10 Sec. 08.13.080. Qualifications of applicants. An applicant for examination 11 must 12 (1) have successfully completed all courses that a school with a 13 curriculum in barbering approved by the board is required to teach in order to be 14 licensed under AS 08.13.110 if applying for a license to practice barbering; 15 (2) have successfully completed all courses that a school with a 16 curriculum in hairdressing approved by the board is required to teach to be licensed 17 under AS 08.13.110 if applying for a license to practice hairdressing; 18 (3) have successfully completed all courses that a school with a 19 curriculum in cosmetology approved by the board is required to teach in order to be 20 licensed under AS 08.13.110 if applying for a license to practice cosmetology; 21 (4) be at least 18 years of age and have successfully completed all 22 courses that a school with a curriculum in tattooing approved by the board is 23 required to teach in order to be licensed under AS 08.13.110 if applying for a 24 license to practice tattooing; 25 (5) be at least 18 years of age and have successfully completed all 26 courses that a school with a curriculum in body piercing approved by the board 27 is required to teach in order to be licensed under AS 08.13.110 if applying for a 28 license to practice body piercing; 29 (6) have served an apprenticeship under AS 08.13.082; 30 (7) [(5)] specify the field of practice in which the applicant intends to 31 teach and have held a license to practice in the field for three years or have held a
01 license in the field for one year and have completed 600 hours of student training as 02 an instructor in the field of practice from a licensed school with a curriculum approved 03 by the board if applying for a license as an instructor; or 04 (8) [(6)] have completed a combination of course work and 05 apprenticeship acceptable to the board. 06 * Sec. 5. AS 08.13.082 is amended by adding a new subsection to read: 07 (d) The period of apprenticeship required to qualify an applicant for a license 08 to practice either tattooing or body piercing is 350 hours. An apprenticeship under this 09 subsection must be served in a shop approved by the board. The apprenticeship may 10 not be completed in less than six months from the date of its commencement and must 11 be completed in not more than one year from the date of its commencement. The 12 apprentice must be at least 18 years of age when the apprenticeship commences. 13 * Sec. 6. AS 08.13.100(b) is amended to read: 14 (b) A license must state the areas of practice (barbering, hairdressing, 15 cosmetology, tattooing, body piercing, or any combination) that the practitioner is 16 qualified to perform. 17 * Sec. 7. AS 08.13.100(d) is amended to read: 18 (d) A person who holds [HOLDING] a current valid license from a board of 19 barbering, hairdressing, or cosmetology in another state or who is licensed by another 20 state to practice tattooing or body piercing is entitled to a license under this chapter 21 without examination in this state. An application must include 22 (1) proof of a valid license issued by another licensing jurisdiction; 23 (2) proof of completed training, testing, and working experience that 24 the board finds to meet the minimum requirements of the state; and 25 (3) payment of a credential investigation fee. 26 * Sec. 8. AS 08.13.110 is amended to read: 27 Sec. 08.13.110. School license. The board shall adopt regulations for the 28 licensing of schools of barbering, hairdressing, [AND] cosmetology , tattooing, and 29 body piercing . The regulations must include details of the curriculum, minimum 30 hours of instruction, physical condition of the facilities, and financial responsibility of 31 the owner.
01 * Sec. 9. AS 08.13.120 is amended by adding a new subsection to read: 02 (b) The board's regulations for licensing shops for tattooing and body piercing 03 must include requirements that 04 (1) the shop be equipped with appropriate sterilizing equipment, with 05 availability of hot and cold running water, and with a covered waste receptacle; 06 (2) the shop owner is responsible for ensuring that case history cards 07 are kept for each client for a period of five years after the client's most recent 08 tattooing or body piercing; 09 (3) a practitioner in the shop may use only tattooing and body piercing 10 instruments that have been sterilized in accordance with methods approved by the 11 board. 12 * Sec. 10. AS 08.13.160(d) is amended to read: 13 (d) The licensing and permit provisions of this chapter do not apply to 14 (1) a person practicing barbering, hairdressing, [OR] cosmetology , 15 tattooing, or body piercing in a community having a population of less than 1,000 16 people that is not within 25 miles of a community of more than 1,000 people and who 17 uses only chemicals available to the general public; 18 (2) a shampoo person; 19 (3) a licensed health care professional; 20 (4) a person licensed by another licensing jurisdiction in a field of 21 practice licensed by this chapter while demonstrating techniques or products to persons 22 holding licenses or permits under this chapter ; 23 (5) a person practicing tattooing or body piercing solely on the 24 person's own body . 25 * Sec. 11. AS 08.13.170 is amended to read: 26 Sec. 08.13.170. Temporary permits. The department shall issue a temporary 27 permit to an applicant for licensing who holds a license to practice as a barber, 28 hairdresser, [OR] cosmetologist , tattoo artist, or body piercer in another state. The 29 permit is valid until the board either issues a permanent license or rejects the 30 application. The board shall act on an application within six months. 31 * Sec. 12. AS 08.13.180 is amended to read:
01 Sec. 08.13.180. Student permits. A person attending a licensed school of 02 barbering, hairdressing, [OR] cosmetology , tattooing, or body piercing and a person 03 apprenticed to a licensed instructor in a shop approved by the board shall obtain a 04 student permit. A student permit to practice barbering or hairdressing is valid for two 05 years. A student permit to practice cosmetology is valid for one year. A student 06 permit to practice tattooing or body piercing is valid for six months. A student 07 permit may not be renewed, but, upon application, the board may issue a new permit 08 to the same person or extend an expired permit to the date of the next scheduled 09 examination. Credit earned under an expired student permit may be transferred to a 10 new permit as determined by the board. 11 * Sec. 13. AS 08.13.185(a) is amended to read: 12 (a) The Department of Commerce and Economic Development shall set fees 13 under AS 08.01.065 for initial licenses and renewals for the following: 14 (1) schools; 15 (2) school owners; 16 (3) instructor; 17 (4) shop owner; 18 (5) practitioner of barbering; 19 (6) practitioner of hairdressing; 20 (7) practitioner of cosmetology; 21 (8) practitioner of tattooing; 22 (9) practitioner of body piercing; 23 (10) temporary permit; 24 (11) [(9)] student permit. 25 * Sec. 14. AS 08.13.190 is amended to read: 26 Sec. 08.13.190. Failure to possess a license or permit. A person who 27 practices barbering, hairdressing, [OR] cosmetology, tattooing, or body piercing, or 28 operates a shop, or operates a school of barbering, hairdressing, [OR] cosmetology, 29 tattooing, or body piercing, or teaches in a school of barbering, hairdressing, [OR] 30 cosmetology, tattooing, or body piercing, without a license, temporary permit, or 31 student permit and who is not exempt under AS 08.13.120 or under AS 08.13.160(d)
01 is guilty of a class B misdemeanor. 02 * Sec. 15. AS 08.13.210 is amended to read: 03 Sec. 08.13.210. Health and sanitary conditions. Health and sanitary 04 conditions in shops and schools of barbering, hairdressing, [AND] cosmetology , 05 tattooing, and body piercing shall be supervised by the Department of Environmental 06 Conservation. 07 * Sec. 16. AS 08.13.210 is amended by adding a new subsection to read: 08 (b) Before issuing a practitioner license for tattooing or body piercing, the 09 board shall require the applicant to demonstrate adequate safety, sanitation, and 10 sterilization techniques by means of an inspection conducted by the board to test the 11 applicant's knowledge of infection control practices and requirements. The board may 12 periodically conduct an inspection after licensure to ensure that the practitioner 13 maintains competency in safety, sanitation, and sterilization techniques. The board 14 may delegate its responsibility under this subsection to the Department of 15 Environmental Conservation. 16 * Sec. 17. AS 08.13 is amended by adding a new section to read: 17 Sec. 08.13.215. Addresses of persons licensed for tattooing or body piercing 18 on file with board. Each person licensed for tattooing or body piercing shall maintain 19 and provide to the board a shop address and telephone number at which the licensee 20 may be reached during business hours. If the licensee is nonpracticing, the licensee 21 shall maintain and provide to the board a home address and telephone number. 22 * Sec. 18. AS 08.13.220(6) is amended to read: 23 (6) "instructor" means a person who teaches barbering, hairdressing, 24 [OR] cosmetology , tattooing, or body piercing in a school or who supervises an 25 apprentice; 26 * Sec. 19. AS 08.13.220(7) is amended to read: 27 (7) "practitioner" means a person licensed to practice barbering, 28 hairdressing, [OR] cosmetology , tattooing, or body piercing under this chapter; 29 * Sec. 20. AS 08.13.220(9) is amended to read: 30 (9) "shop" is an establishment operated for the purpose of engaging in 31 barbering, hairdressing, [OR] cosmetology , tattooing, or body piercing .
01 * Sec. 21. AS 08.13.220 is amended by adding new paragraphs to read: 02 (10) "body piercing" means puncturing the body of a person for a fee 03 by aid of needles or other instruments designed to be used to puncture the body for the 04 purpose of inserting jewelry or other objects in or through the human body, except 05 that, for purposes of this chapter, "body piercing" does not include puncturing the 06 external part of the human ear for a fee; 07 (11) "tattooing" means the process by which, for a fee, the skin is 08 marked or colored by insertion of nontoxic dyes or pigments into or under the 09 subcutaneous portion of the skin so as to form indelible marks for cosmetic or 10 figurative purposes. 11 * Sec. 22. AS 44.46.020 is amended to read: 12 Sec. 44.46.020. Duties of department. The Department of Environmental 13 Conservation shall 14 (1) have primary responsibility for coordination and development of 15 policies, programs, and planning related to the environment of the state and of the 16 various regions of the state; 17 (2) have primary responsibility for the adoption and enforcement of 18 regulations setting standards for the prevention and abatement of all water, land, 19 subsurface land, and air pollution, and other sources or potential sources of pollution 20 of the environment, including by way of example only, petroleum and natural gas 21 pipelines; 22 (3) promote and develop programs for the protection and control of the 23 environment of the state; 24 (4) take actions that are necessary and proper to further the policy 25 declared in AS 46.03.010; 26 (5) adopt regulations for 27 (A) the prevention and control of public health nuisances; 28 (B) the regulation of sanitation and sanitary practices in the 29 interest of public health; 30 (C) standards of cleanliness and sanitation in connection with 31 the construction, operation, and maintenance of a camp, cannery, food handling
01 establishment, food manufacturing plant, mattress manufacturing establishment, 02 industrial plant, school, barbershop, hairdressing , [OR] cosmetology , tattooing, 03 or body piercing establishment, soft drink establishment, beer and wine 04 dispensaries, and for other similar establishments in which lack of sanitation 05 may create a condition that causes disease; 06 (D) the regulation of quality and purity of commercially 07 compressed air sold for human respiration. 08 * Sec. 23. TRANSITIONAL LICENSES. (a) Notwithstanding AS 08.13, as amended by 09 this Act, the Board of Barbers and Hairdressers shall issue a license to practice tattooing or 10 body piercing to a person who 11 (1) submits to the board by May 1, 2000, the proper application and fees; 12 (2) provides to the board satisfactory evidence that the person is 18 years of 13 age or older and has been practicing tattooing or body piercing for a fee for at least 24 14 consecutive months immediately preceding the person's application date; 15 (3) demonstrates adequate safety, sanitation, and sterilization techniques by 16 means of an inspection conducted by the board to test the applicant's knowledge of infection 17 control practices and requirements; and 18 (4) practices in a tattooing or body piercing shop licensed under AS 08.13. 19 (b) In this section, 20 (1) "body piercing" means puncturing the body of a person for a fee by aid of 21 needles or other instruments designed to be used to puncture the body for the purpose of 22 inserting jewelry or other objects in or through the human body, except that, for purposes of 23 this section, "body piercing" does not include puncturing the external part of the human ear 24 for a fee; 25 (2) "tattooing" means the process by which, for a fee, the skin is marked or 26 colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of 27 the skin so as to form indelible marks for cosmetic or figurative purposes. 28 * Sec. 24. REGULATIONS. The Board of Barbers and Hairdressers and the Department 29 of Environmental Conservation shall begin the process of developing regulations to implement 30 this Act. A regulation developed under this section takes effect under AS 44.62 but not before 31 the effective date of the law that is implemented by the regulation.
01 * Sec. 25. Except as provided in sec. 26 of this Act, this Act takes effect immediately 02 under AS 01.10.070(c). 03 * Sec. 26. AS 08.13.070, as amended by sec. 3 of this Act, and AS 08.13.190, as amended 04 by sec. 14 of this Act, take effect July 1, 2000.