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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."

00CS 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, tattooing, body piercing, and ear piercing establishments, and the 22 cost to the Department of Environmental Conservation of enforcing those regulations. 23 The department shall set the fee levels for the issuance and renewal of a practitioner's 24 license issued under AS 08.13.100 so that the license and license renewal fees are the 25 same for all occupations regulated by the Board of Barbers and Hairdressers. 26 * Sec. 3. AS 08.13.010 is amended to read: 27 Sec. 08.13.010. Creation and membership of board. (a) There is created 28 the Board of Barbers and Hairdressers consisting of six [FIVE] members appointed by 29 the governor. 30 (b) The board consists of 31 (1) two persons licensed as barbers under this chapter;

01 (2) one person licensed to practice tattooing or body piercing under 02 this chapter; 03 (3) two persons licensed as hairdressers under this chapter, one of 04 whom is also licensed as an esthetician under this chapter; and 05 (4) [(3)] one public member. 06 * Sec. 4. AS 08.13.030 is amended to read: 07 Sec. 08.13.030. Powers and duties of the board. (a) The board shall 08 exercise general control over the vocations of barbering, hairdressing, manicuring, 09 [AND] esthetics , tattooing, and body piercing . 10 (b) The board shall 11 (1) examine applicants and approve the issuance of licenses and permits 12 to practice; 13 (2) authorize the issuance of licenses for schools of barbering, 14 hairdressing, manicuring, and esthetics ; 15 (3) develop oral and written instructions and notices that tattooing 16 and body piercing shop owners and practitioners are required to give or display 17 under AS 08.13.215 . 18 (c) The board may 19 (1) suspend or revoke a license or permit; 20 (2) on its own motion or upon receipt of a written complaint, conduct 21 hearings and request the Department of Community and Economic Development to 22 investigate the practices of a person, shop, or school involved in the practice or 23 teaching of barbering, hairdressing, manicuring, [OR] esthetics , tattooing, or body 24 piercing ; 25 (3) adopt regulations or do any act necessary to carry out the provisions 26 of this chapter. 27 * Sec. 5. AS 08.13.070 is amended to read: 28 Sec. 08.13.070. License required. A person may not 29 (1) practice barbering, hairdressing, [OR] esthetics , tattooing, or body 30 piercing without a license, temporary permit, temporary license, or student permit 31 unless exempted under AS 08.13.160(d);

01 (2) practice barbering, hairdressing, [OR] esthetics , tattooing, or body 02 piercing except in a shop or school licensed under this chapter unless exempted under 03 AS 08.13.160(d) or permitted under AS 08.13.160(e); 04 (3) open or conduct a school of barbering, hairdressing, or esthetics 05 without a license; 06 (4) teach in a school of barbering, hairdressing, or esthetics, or 07 supervise an apprentice in barbering, hairdressing, or esthetics without an 08 instructor's license; 09 (5) operate a shop in violation of AS 08.13.120; 10 (6) permit an employee or other person being supervised who is not 11 exempted under AS 08.13.160(d) to practice barbering, hairdressing, [OR] esthetics , 12 tattooing, or body piercing without a license, temporary permit, temporary license, 13 or student permit; 14 (7) permit the use of the person's license, temporary permit, temporary 15 license, or student permit by another person; 16 (8) obtain or attempt to obtain a license, temporary permit, temporary 17 license, or student permit by fraudulent means. 18 * Sec. 6. AS 08.13.080 is amended by adding a new subsection to read: 19 (d) An applicant for a license to practice tattooing or body piercing shall 20 (1) satisfy the apprenticeship requirement of AS 08.13.082(d); 21 (2) demonstrate to the board or the board's designee safety, sanitation, 22 and sterilization techniques that indicate that the applicant has adequate knowledge of 23 infection control practices and requirements relating to tattooing or body piercing, as 24 applicable; this demonstration may, at the option of the board, be through a written 25 examination, a practical examination, or both; and 26 (3) pay the appropriate fee. 27 * Sec. 7. AS 08.13.082 is amended by adding a new subsection to read: 28 (d) The period of apprenticeship required to qualify an applicant for a license 29 to practice either tattooing or body piercing is 75 hours for each vocation. The 30 apprentice must be at least 18 years of age when the apprenticeship commences. An 31 apprenticeship under this subsection

01 (1) shall be served in a licensed shop under a person who has a 02 practitioner's license under this chapter in the field in which the apprentice seeks 03 training; 04 (2) must include at least 12 hours of training in safety, sanitation, 05 sterilization, and other practices necessary to prevent transmission of diseases and 06 infection; and 07 (3) shall be completed in not less than six months and not more than 08 one year from the date of its commencement. 09 * Sec. 8. AS 08.13.100(a) is amended to read: 10 (a) The board shall authorize the issuance of a license for the practice of 11 barbering, hairdressing, or esthetics to each qualified applicant who has passed an 12 examination under AS 08.13.090. The board shall authorize the issuance of a 13 license for the practice of tattooing or body piercing to each applicant who has 14 satisfied the requirements of AS 08.13.080(d). 15 * Sec. 9. AS 08.13.100(b) is amended to read: 16 (b) A practitioner license must state the areas of practice (barbering, 17 hairdressing, manicuring, esthetics, tattooing, or body piercing [OR ANY 18 COMBINATION]) that the practitioner is qualified to perform. 19 * Sec. 10. AS 08.13.100(d) is amended to read: 20 (d) A person who holds [HOLDING] a current valid license from a board of 21 barbering, hairdressing, manicuring, or esthetics in another state or who is licensed by 22 another state to practice tattooing or body piercing is entitled to a license or 23 endorsement under this chapter without examination or a new period of 24 apprenticeship in this state. An application must include 25 (1) proof of a valid license issued by another licensing jurisdiction; and 26 (2) proof of completed training, testing, and working experience that 27 the board finds to meet the minimum requirements of this [THE] state. 28 * Sec. 11. AS 08.13.100(e) is amended to read: 29 (e) A person licensed as an instructor is considered to be licensed as a 30 practitioner and is subject to the same requirements that a practitioner is subject to, in 31 the same area for which the person is licensed as an instructor, except that, for

01 purposes of setting fees under AS 08.01.065, the department shall consider instructors 02 to be an occupation separate from practitioners. An instructor license shall state the 03 areas of practice (barbering, hairdressing, manicuring, esthetics [, OR ANY 04 COMBINATION]) in which the licensee is qualified to instruct and practice. 05 * Sec. 12. AS 08.13.120 is amended to read: 06 Sec. 08.13.120. Shop license. The board shall adopt regulations for the 07 licensing of shops. A shop owner shall be licensed to operate a shop without 08 examination, but , unless the shop owner is a practitioner , the shop owner may not 09 conduct business without employing a manager who is a practitioner. This section 10 does not apply to a shop for the practice of barbering, hairdressing, or esthetics 11 located in a community having a population of less than 1,000 people that is not 12 within 25 miles of a community of more than 1,000 people. 13 * Sec. 13. AS 08.13.150 is amended to read: 14 Sec. 08.13.150. Disciplinary sanctions and grounds [GROUNDS] for refusal 15 [, SUSPENSION, OR REVOCATION] of a license or permit. The board may , in 16 addition to the actions authorized under AS 08.01.075, refuse, suspend, or revoke 17 a license, student permit, temporary license, or temporary permit for failure to comply 18 with this chapter, with a regulation adopted under this chapter, with a regulation 19 adopted by the Department of Environmental Conservation under AS 44.46.020, 20 or with an order of the board. 21 * Sec. 14. AS 08.13.160(d) is amended to read: 22 (d) The licensing and permit provisions of this chapter do not apply to 23 (1) a person practicing barbering, hairdressing, manicuring, or esthetics 24 in a community having a population of less than 1,000 people that is not within 25 25 miles of a community of more than 1,000 people and who uses only chemicals 26 available to the general public; 27 (2) the practice of manicuring by a student as part of instruction in a 28 12-hour course approved under AS 08.13.110(b); 29 (3) a shampoo person; 30 (4) a licensed health care professional; 31 (5) a person licensed by another licensing jurisdiction in a field of

01 practice licensed by this chapter while demonstrating techniques or products to persons 02 holding licenses or permits under this chapter ; 03 (6) a person practicing tattooing or body piercing solely on the 04 person's own body . 05 * Sec. 15. AS 08.13.170 is amended to read: 06 Sec. 08.13.170. Temporary permits. The department shall issue a temporary 07 permit to an applicant for licensing who holds a license to practice barbering, 08 hairdressing, manicuring, esthetics, tattooing, or body piercing [AS A BARBER, 09 HAIRDRESSER, MANICURIST, OR ESTHETICIAN] in another state. The permit 10 is valid until the board either issues a permanent license or rejects the application. The 11 board shall act on an application within six months. 12 * Sec. 16. AS 08.13.180 is amended to read: 13 Sec. 08.13.180. Student permits. Before a [A] person attends 14 [ATTENDING] a licensed school of barbering, hairdressing, or esthetics , and before 15 a person is apprenticed to a licensed instructor in a shop approved by the board or 16 apprenticed to a practitioner of tattooing or body piercing, the person shall obtain 17 a student permit. A student permit to practice barbering or hairdressing is valid for 18 two years. A student permit to practice esthetics , tattooing, or body piercing is valid 19 for one year. A student permit may not be renewed, but, upon application, the board 20 may issue a new permit to the same person or extend an expired permit to the date of 21 the next scheduled examination. Credit earned under an expired student permit may 22 be transferred to a new permit as determined by the board. 23 * Sec. 17. AS 08.13.185(a) is amended to read: 24 (a) The Department of Community and Economic Development shall set fees 25 under AS 08.01.065 for initial licenses, endorsements, and renewals for the following: 26 (1) schools; 27 (2) school owners; 28 (3) instructor; 29 (4) shop owner; 30 (5) practitioner of barbering; 31 (6) practitioner of hairdressing;

01 (7) practitioner of manicuring; 02 (8) practitioner of esthetics; 03 (9) endorsement for advanced manicurist; 04 (10) practitioner of tattooing; 05 (11) practitioner of body piercing; 06 (12) temporary permit; 07 (13) [(11)] temporary license; 08 (14) [(12)] student permit. 09 * Sec. 18. AS 08.13.190(a) is amended to read: 10 (a) A person who practices barbering, hairdressing, [OR] esthetics, tattooing, 11 or body piercing, or operates a shop, or operates a school of barbering, hairdressing, 12 or esthetics, or teaches in a school of barbering, hairdressing, or esthetics, without a 13 license, temporary permit, temporary license, or student permit and who is not exempt 14 under AS 08.13.120 or under AS 08.13.160(d) is guilty of a class B misdemeanor. 15 * Sec. 19. AS 08.13 is amended by adding a new section to article 2 to read: 16 Sec. 08.13.195. Civil penalty. (a) In addition to any other provision of law, 17 if a person violates AS 08.13.070 or 08.13.217, the board may enter an order levying 18 a civil penalty. 19 (b) A civil penalty levied under this section may not exceed $5,000 for each 20 offense. In levying a civil penalty, the board shall set the amount of the penalty 21 imposed under this section after taking into account appropriate factors, including the 22 seriousness of the violation, the economic benefit resulting from the violation, the 23 history of violations, and other matters the board considers appropriate. 24 (c) Before issuing an order under this section, the board shall provide the 25 person written notice and the opportunity to request, within 30 days of issuance of 26 notice by the board, a hearing on the record. 27 (d) In connection with proceedings under (a) and (b) of this section, the board 28 may issue subpoenas to compel the attendance and testimony of witnesses and the 29 disclosure of evidence, and may request the attorney general to bring an action to 30 enforce a subpoena. 31 (e) A person aggrieved by the levy of a civil penalty under this section may

01 file an appeal with the superior court for judicial review of the penalty under 02 AS 44.62.560. 03 (f) If a person fails to pay a civil penalty within 30 days after entry of an order 04 under (a) of this section, or if the order is stayed pending an appeal, within 10 days 05 after the court enters a final judgment in favor of the board of an order appealed under 06 (e) of this section, the board shall notify the attorney general. The attorney general 07 may commence a civil action to recover the amount of the penalty. 08 (g) An action to enforce an order under this section may be combined with an 09 action for an injunction under AS 08.01.087. 10 * Sec. 20. AS 08.13.210 is amended to read: 11 Sec. 08.13.210. Health and sanitary conditions. Health and sanitary 12 conditions in shops and schools of barbering, hairdressing, manicuring, [AND] 13 esthetics , tattooing, and body piercing shall be supervised by the Department of 14 Environmental Conservation. 15 * Sec. 21. AS 08.13.210 is amended by adding a new subsection to read: 16 (b) The Department of Environmental Conservation shall conduct an annual 17 inspection of each shop licensed for the practice of tattooing or body piercing to ensure 18 that the shop meets the department's standards of cleanliness and sanitation established 19 under AS 44.46.020. If the Department of Environmental Conservation determines that 20 the shop is not in compliance with a regulation of the department, the department shall 21 report the violation to the board and take appropriate action under its own regulations. 22 * Sec. 22. AS 08.13 is amended by adding new sections to read: 23 Sec. 08.13.215. Notification requirements for tattooing and body piercing. 24 (a) Before performing a tattooing or body piercing procedure on a client, a 25 practitioner shall give oral and written educational information, approved by the board, 26 to the client. 27 (b) After completing a tattooing or body piercing procedure on a client, the 28 practitioner shall give oral and written aftercare instructions, approved by the board, 29 to the client. The written instructions 30 (1) must include advice to the client to consult a physician at the first 31 sign of infection;

01 (2) must contain the name, address, and telephone number of the shop 02 where the procedure was performed; 03 (3) shall be signed and dated by the client and the practitioner; the 04 practitioner shall keep the original and provide a copy to the client. 05 (c) The owner of a shop for tattooing or body piercing shall prominently 06 display 07 (1) a copy of the statement provided by the board under 08 AS 08.13.030(b) that advises the public of the health risks and possible consequences 09 of tattooing or body piercing, as applicable; 10 (2) the names, addresses, and telephone numbers of the board and the 11 Department of Environmental Conservation and a description of how a complaint about 12 the shop or a practitioner in the shop may be filed with either entity. 13 Sec. 08.13.217. Tattooing or body piercing on a minor. (a) A person may 14 not practice tattooing on a minor. 15 (b) A person may not practice body piercing on a minor without prior written 16 permission from the minor's parent or legal guardian and the presence of the parent 17 or legal guardian during the body piercing procedure. The person who performs the 18 body piercing shall keep a copy of the written permission on file for at least three 19 years. 20 (c) A person who with criminal negligence violates this section is guilty of a 21 class B misdemeanor. In this subsection, "criminal negligence" has the meaning given 22 in AS 11.81.900. 23 * Sec. 23. AS 08.13.220(6) is amended to read: 24 (6) "instructor" means a person who teaches barbering, hairdressing, 25 manicuring, or esthetics in a school or who supervises an apprentice in barbering, 26 hairdressing, or esthetics ; 27 * Sec. 24. AS 08.13.220(8) is amended to read: 28 (8) "practitioner" means a person licensed to practice barbering, 29 hairdressing, manicuring, [OR] esthetics , tattooing, or body piercing under this 30 chapter; 31 * Sec. 25. AS 08.13.220(10) is amended to read:

01 (10) "shop" is an establishment operated for the purpose of engaging 02 in barbering, hairdressing, manicuring, [OR] esthetics , tattooing, or body piercing . 03 * Sec. 26. AS 08.13.220 is amended by adding new paragraphs to read: 04 (11) "body piercing" means puncturing the body of a person by aid of 05 needles or other instruments designed to be used to puncture the body for the purpose 06 of inserting jewelry or other objects in or through the human body, except that, for 07 purposes of this chapter, "body piercing" does not include puncturing the external part 08 of the human ear; 09 (12) "tattooing" means the process by which the skin is marked or 10 colored by insertion of nontoxic dyes or pigments under the epidermis portion of the 11 skin into the top quarter of the dermis so as to form indelible marks for cosmetic or 12 figurative purposes. 13 * Sec. 27. AS 44.46.020 is amended to read: 14 Sec. 44.46.020. Duties of department. The Department of Environmental 15 Conservation shall 16 (1) have primary responsibility for coordination and development of 17 policies, programs, and planning related to the environment of the state and of the 18 various regions of the state; 19 (2) have primary responsibility for the adoption and enforcement of 20 regulations setting standards for the prevention and abatement of all water, land, 21 subsurface land, and air pollution, and other sources or potential sources of pollution 22 of the environment, including by way of example only, petroleum and natural gas 23 pipelines; 24 (3) promote and develop programs for the protection and control of the 25 environment of the state; 26 (4) take actions that are necessary and proper to further the policy 27 declared in AS 46.03.010; 28 (5) adopt regulations for 29 (A) the prevention and control of public health nuisances; 30 (B) the regulation of sanitation and sanitary practices in the 31 interest of public health;

01 (C) standards of cleanliness and sanitation in connection with 02 the construction, operation, and maintenance of a camp, cannery, food handling 03 establishment, food manufacturing plant, mattress manufacturing establishment, 04 industrial plant, school, barbershop, hairdressing, manicuring, [OR] esthetics , 05 tattooing, body piercing, or ear piercing establishment, soft drink 06 establishment, beer and wine dispensaries, and for other similar establishments 07 in which lack of sanitation may create a condition that causes disease; 08 (D) the regulation of quality and purity of commercially 09 compressed air sold for human respiration. 10 * Sec. 28. AS 44.46.020 is amended by adding a new subsection to read: 11 (b) The department's regulations for tattooing and body piercing shops must 12 include requirements that 13 (1) the shop be equipped with appropriate sterilizing equipment, with 14 availability of hot and cold running water, and with an appropriate waste receptacle; 15 (2) the owner of the shop is responsible for ensuring that case history 16 cards are kept for each client for a period of three years after the client's most recent 17 tattooing or body piercing; 18 (3) a practitioner in the shop may use only tattooing and body piercing 19 instruments that have been sterilized in accordance with methods approved by the 20 department. 21 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 TRANSITIONAL LICENSES. (a) Notwithstanding AS 08.13, as amended by this 24 Act, the Board of Barbers and Hairdressers shall issue a license to practice tattooing or body 25 piercing to a person who 26 (1) submits to the board by July 1, 2001, the proper application and fees; 27 (2) provides to the board satisfactory evidence that the person is 18 years of 28 age or older and has been practicing tattooing or body piercing for a fee for at least 12 of the 29 24 consecutive months immediately preceding the person's application date; and 30 (3) demonstrates to the board adequate safety, sanitation, and sterilization 31 techniques and knowledge of infection control practices and requirements.

01 (b) In this section, 02 (1) "body piercing" means puncturing the body of a person for a fee by aid of 03 needles or other instruments designed to be used to puncture the body for the purpose of 04 inserting jewelry or other objects in or through the human body, except that, for purposes of 05 this section, "body piercing" does not include puncturing the external part of the human ear 06 for a fee; 07 (2) "tattooing" means the process by which, for a fee, the skin is marked or 08 colored by insertion of nontoxic dyes or pigments under the epidermis portion of the skin into 09 the top quarter of the dermis so as to form indelible marks for cosmetic or figurative purposes. 10 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 TRANSITIONAL BOARD MEMBER. Notwithstanding AS 08.13.010, as amended 13 by sec. 3 of this Act, the initial member of the Board of Barbers and Hairdressers who is 14 appointed to fill the seat designated for a person licensed to practice tattooing or body piercing 15 need not be licensed to practice tattooing or body piercing until July 1, 2002. 16 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section 17 to read: 18 REGULATIONS. The Board of Barbers and Hairdressers and the Department of 19 Environmental Conservation shall begin the process of developing regulations to implement 20 this Act. A regulation developed under this section takes effect under AS 44.62 but not before 21 the effective date of the law that is implemented by the regulation. 22 * Sec. 32. Except as provided in secs. 33 and 34 of this Act, this Act takes effect 23 immediately under AS 01.10.070(c). 24 * Sec. 33. (a) AS 08.13.070, as amended by sec. 5 of this Act, AS 08.13.180, as amended 25 by sec. 16 of this Act, AS 08.13.190(a), as amended by sec. 18 of this Act, AS 08.13.215, 26 enacted by sec. 22 of this Act, and AS 44.46.020, as amended by secs. 27 - 28 of this Act, 27 take effect July 1, 2002. 28 (b) The following provision also takes effect July 1, 2002: AS 08.13.195, enacted by 29 sec. 19 of this Act, to the extent that AS 08.13.195 covers violations relating to tattooing and 30 body piercing other than violations of AS 08.13.217. 31 * Sec. 34. The following provisions take effect September 1, 2000:

01 (1) AS 08.13.217, enacted by sec. 22 of this Act; 02 (2) AS 08.13.195, enacted by sec. 19 of this Act, to the extent that 03 AS 08.13.195 covers violations of AS 08.13.217.