Arizona HB 2349: physical body adornment; establishments; certification

Bill Text

HB2349 - 541R - I Ver 

 REFERENCE TITLE: physical body adornment; establishments; certification

 State of Arizona

 House of Representatives

 Fifty-fourth Legislature

 First Regular Session

 2019

 HB 2349

 Introduced by 

 Representatives 
 Butler: Cobb, Powers Hannley

AN 
ACT

amending title 36, Arizona Revised 
Statutes, by adding chapter 16; relating to public health.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, Arizona Revised Statutes, 
is amended by adding chapter 16, to read:

CHAPTER 16

BODY ART ESTABLISHMENTS

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE36-1801. Definitions

In this article, unless the context otherwise 
requires:

1. "Body art":

(a) Means the 
practice of physical body adornment by body piercing, tattooing, cosmetic 
tattooing, permanent skin coloring, branding and scarification. 

(b) Does 
not include practices that are any of the following:

(i) Considered 
by a state medical board to be medical procedures. 

(ii) Noninvasive 
forms of painting through the use of dyes or inks. 

(iii) Considered 
by the board of cosmetology to be aesthetics, cosmetology or nail technology.

2. "Body art establishment" 
means any place where body art is performed, whether or not for profit, under 
the direction of a body art establishment operator.

3. "Body art establishment 
employee" means a person who practices body art at a body art 
establishment under the direction of a body art establishment operator.

4. "Body art establishment 
Operator" means a person who controls, operates, manages or practices body 
art activities at a body art establishment.

5. "Body piercing" means 
puncturing or penetrating a person's skin with a needle or sharpened jewelry 
and inserting jewelry or another adornment in the opening.� Body piercing 
includes ear piercing.

6. "Ear piercing" means the 
puncturing of the outer perimeter or lobe of the ear with a needle.

7. "Local public health 
department" means a local health department established pursuant to 
chapter 1, article 4 of this title or a county environmental department.

8. "Tattooing" means any 
method of placing ink or other pigment into or under the skin or mucosa to 
permanently color the skin or mucosa by using a needle or any other instrument 
to puncture the skin.� Tattooing includes all forms of cosmetic tattooing and 
permanent skin coloring such as eyeliner, eyebrows, lip liner, full lip color, 
repigmentation or camouflage. END_STATUTE

START_STATUTE36-1802. Certificates of operation; application; fees; posting

A. Beginning January 1, 2021, a body 
art establishment operator who wishes to operate a body art establishment shall 
have a current certificate of operation issued by a local public health 
department. A body art establishment operator who wishes to operate 
more than one body art establishment shall have a separate certificate of 
operation for each establishment.

B. A local public health department 
may establish its own fees relating to body art establishment certificates of 
operation.

C. An applicant for a certificate of 
operation shall file a completed application as required by the local public 
health department and shall include the application fee as prescribed by the 
local public health department.

D. A certificate of operation issued 
pursuant to this section is not transferable.

E. The body art establishment 
operator shall post the certificate of operation and a report of the most 
recent inspection, if applicable, in a prominent and conspicuous area where 
clients may readily observe them. END_STATUTE

START_STATUTE36-1803. Minimum standards for operation; county rules

A. The local public health department 
shall adopt rules that prescribe minimum standards regarding the following that 
each body art establishment must comply with as a condition of operation:

1. Sanitation.

2. Pest control.

3. Proper disposal of equipment and 
bodily fluids.

4. Sterilization of equipment and 
surface areas.

5. Recordkeeping and other business 
procedures.

6. Body art establishment employee 
requirements.

7. A requirement for annual training 
on bloodborne pathogens that includes at least the following:

(a) Training 
conducted by a person or persons who are knowledgeable in exposure control and 
infection prevention in the body art setting and who are approved by the local 
public health department.

(b) Training 
and training materials specific to performing body art that include a copy of 
the occupational safety and health administration bloodborne pathogens standard 
(29 Code of Federal Regulations section 1910.1030) and a copy and explanation 
of applicable county, city or town ordinances that pertain to bloodborne 
pathogens transmission control in body art.

(c) A 
discussion of the transmission, control and symptoms of diseases that are 
caused by bloodborne pathogens and the types and uses of personal protective 
equipment, such