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