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These statutes are subject to change and
modification. The Society does not warrant the accuracy or status of
either the statutes or regulations. Anyone examining this site
should review their own state statutes or regulations for information.
These statutes and regulations may not be reviewed for content or
accuracy. Publication of this information is educational only and
does not constitute legal advice.
|
Know of updated information or have a suggestion?
Let
us know!
| Oversight Body: |
As of July 1, 2007, IL Dept of
Health will oversee establishment registrations. |
| Licensing Contact: |
None known at this time |
| Legislative info available on
this site: |
094-0684, originally HB29 |
| Most recent legislation: |
HB29 that changes the tattoo age from 21 to 18. It becomes an
effective public act as of January 1st. Also class a misdemeanor
instead of class c for violations, therefore bigger penalty.
SB927, aka the "Tattoo and Body
Piercing Establishment Registration Act". This bill takes effect July
1, 2007, and we'll post details on how to register with the IL Dept of
Health as they become available. |
| Other Law Resources: |
http://www.alllaw.com/state_resources/illinois |
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Public Act 094-0684
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-10 and 12-10.1 as follows:
(720 ILCS 5/12-10) (from Ch. 38, par. 12-10)
Sec. 12-10. Tattooing Body of Minor.)
(a) Any person, other than a person
licensed
to practice medicine in all its branches, who tattoos or offers to tattoo
a person under the age of 18
21 is guilty of a Class A
C
misdemeanor.
(b) Any person who is an owner or employed by a business that performs
tattooing, other than a
person licensed to practice medicine in all
its branches,
may not permit a person under 18 years of age to enter or remain on the
premises where
tattooing
is being performed unless the person under 18 years of age is accompanied by
his or her
parent or legal guardian. A violation of this subsection (b) is a Class A misdemeanor.
(c) As used in this Section, to "tattoo" means to insert pigment under
the
surface of the skin of a human being, by pricking with a needle or otherwise,
so as to produce an indelible mark or figure visible through the skin.
(d) Subsection (a) of this Section does not apply to a person under 18 years of age who tattoos or offers to tattoo another person under 18 years of age away from the premises of any business at which tattooing is performed.
(Source: P.A. 77-2638.)
(720 ILCS 5/12-10.1)
Sec. 12-10.1. Piercing the body of a minor.
(a)(1) Any person who pierces the body or oral cavity of a person under 18
years of age without written consent of a parent or legal guardian of that
person commits the offense of piercing the body of a minor. Before the oral
cavity of a person under 18 years of age may be pierced, the written consent
form signed by the parent or legal guardian must contain a provision in
substantially the following form:
"I understand that the oral piercing of the tongue, lips, cheeks, or
any other area of the oral cavity carries serious risk of infection or damage
to the mouth and teeth, or both infection and damage to those areas,
that could result but is not limited to nerve damage, numbness, and life
threatening blood clots." A person who pierces the oral cavity of a person under 18 years of age
without obtaining a signed written consent form from a parent or legal guardian
of the person that includes the provision describing the health risks of body piercing, violates this Section.
(1.5) Any person who is an owner or employed by a business that performs
body
piercing may not permit a person under 18 years of age to enter or remain on
the premises where body piercing is being performed unless the
person under 18
years of age
is accompanied by his or her parent or legal guardian. (2) Sentence. A violation of clause (a)(1) or (a)(1.5) of this
Section
Piercing the body of a minor is a Class A
Cmisdemeanor.
(b) Definition. As used in this Section, to "pierce" means to make a hole
in the body or oral cavity in order to insert or allow the insertion of any
ring, hoop, stud, or other object for the purpose of ornamentation of the
body. "Piercing" does not include tongue splitting as defined in Section
12-10.2.
(c) Exceptions. This Section may not be construed in any way to prohibit
any injection, incision, acupuncture, or similar medical or dental procedure
performed by a licensed health care professional or other person authorized to
perform that procedure or the presence on the premises where that procedure is being performed by a
health care professional or other person authorized to perform that procedure
of
a person
under 18 years of age who is not accompanied by a parent or legal guardian. This Section does not prohibit ear piercing. This
Section does not apply to a minor emancipated under the Juvenile Court Act of
1987 or the Emancipation of Mature Minors Act or by marriage. This Section does not apply to a person under 18 years of age who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which body piercing or oral cavity piercing is performed.
(Source: P.A. 92-692, eff. 1-1-03; 93-449, eff. 1-1-04; revised
10-9-03.)
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AMENDMENT TO SENATE BILL 927
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AMENDMENT NO. ______.
Amend Senate Bill 927 by replacing |
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everything after the
enacting clause with the following:
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"Section 1. Short
title. This Act may be cited as the |
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Tattoo and Body Piercing
Establishment Registration Act.
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Section 5. Purpose. It
has been established that |
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non-sterile needles can
lead to the spread of certain |
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blood-borne illnesses such
as Hepatitis and HIV. Tattoo and |
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body piercing practices
affect the health, safety, and welfare
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of the public, therefore,
the General Assembly finds that the |
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regulation of tattoo and
body piercing establishments by the |
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State is necessary to
ensure public health, safety, and |
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welfare. It is further
declared that the purpose of this Act is
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to provide for a safe and
adequate blood supply. This Act shall
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be liberally construed to
carry out these objectives and |
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purposes.
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Section 10.
Definitions. In this Act: |
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"Aseptic technique"
means a practice that prevents and |
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hinders the transmission
of disease-producing microorganisms |
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from one person or place
to another. |
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"Body piercing" means
penetrating the skin to make a hole,
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mark, or scar that is
generally permanent in nature. "Body
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piercing" does not include
practices that are considered |
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medical procedures or the
puncturing of the outer perimeter or
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lobe of the ear using a
pre-sterilized, single-use stud and |
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clasp ear piercing system. |
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"Client" means the
person, customer, or patron whose skin
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will be tattooed or
pierced. |
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"Communicable disease"
means a disease that can be |
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transmitted from person to
person directly or indirectly, |
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including diseases
transmitted via blood or body fluids. |
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"Department" means the
Department of Public Health or other
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health authority
designated as its agent. |
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"Director" means the
Director of Public Health or his or |
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her designee. |
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"Establishment" means
body-piercing operation, a tattooing
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operation, or a
combination of both operations in a |
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multiple-type
establishment. |
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"Ink cup" means a
small container for an individual portion
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of pigment that may be
installed in a holder or palette and in
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which a small amount of
pigment of a given color is placed. |
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"Multi-type
establishment" means an operation encompassing
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both body piercing and
tattooing on the same premises and under
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the same management.
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"Procedure area" means
the immediate area where |
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instruments and supplies
are placed during a procedure. |
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"Operator" means an
individual, partnership, corporation,
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association, or other
entity engaged in the business of owning,
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managing, or offering
services of body piercing or tattooing.
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"Sanitation" means the
effective bactericidal and |
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veridical treatment of
clean equipment surfaces by a process
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that effectively destroys
pathogens. |
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"Single use" means
items that are intended for one time and
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one person use only and
are to then be discarded. |
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"Sterilize" means to
destroy all living organisms |
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including spores. |
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"Tattooing" means
making permanent marks on the skin of a
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live human being by
puncturing the skin and inserting indelible
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colors. "Tattooing"
includes imparting permanent makeup on the
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skin, such as permanent
lip coloring and permanent eyeliner.
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"Tattooing" does not
include any of the following: |
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(1) The practice
of electrology as defined in the |
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Electrology Licensing
Act. |
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(2) The practice
of acupuncture as defined in the |
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Acupuncture Licensing
Act. |
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(3) The use, by a
physician licensed to practice |
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medicine in all its
branches, of colors, dyes, or pigments
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for the purpose of
obscuring scar tissue or imparting color
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to the skin for
cosmetic, medical, or figurative purposes.
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Section 15.
Registration required. |
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(a) A certificate of
registration issued by the Department
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shall be required prior to
the operation of any establishment |
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or multi-type
establishment. The owner of the facility shall
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file an application for a
certificate of registration with the
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Department that shall be
accompanied by the requisite fee, as
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determined by the
Department, and include all of the following
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information: |
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(1) The
applicant's (owner) name, address, telephone
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number, and age. In
order to qualify for a certificate of
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registration under
this Act, an applicant must be at least
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18 years of age. |
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(2) The name,
address, and phone number of the |
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establishment. |
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(3) The type and
year of manufacture of the equipment
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proposed to be used
for tattooing or body piercing. |
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(4) The
sterilization and operation procedures to be
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used by the
establishment. |
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(5) Any other
information required by the Department. |
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(b) If the owner owns
or operates more than one |
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establishment, the owner
shall file a separate application for
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each facility owned or
operated.
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Section 20. Temporary
registration. A temporary |
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certificate of
registration may be issued by the Department for
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educational, trade show,
or product demonstration purposes |
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only. The temporary
certificate of registration shall be valid
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for a maximum of 14
calendar days.
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Section 25. Operating
requirements. All establishments |
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registered under this Act
must comply with the following |
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requirements: |
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(1) An
establishment must ensure that all body piercing
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and tattooing
procedures are performed in a clean and
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sanitary environment
that is consistent with sanitation |
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techniques established
by the Department. |
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(2) An
establishment must ensure that all body piercing
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and tattooing
procedures are performed in a manner that is
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consistent with an
aseptic technique established by the
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Department. |
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(3) An
establishment must ensure that all equipment and
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instruments used in
body piercing and tattooing procedures
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are either single use
and pre-packaged instruments or in |
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compliance with
sterilization techniques established by
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the Department. |
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(4) An
establishment must ensure that single use ink is
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used in all tattooing
procedures.
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Section 27.
Prohibitions. Body piercing procedures must
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not be performed, without
medical clearance, on skin surfaces |
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where sunburn, rash, acne,
infection, open lesions, or other |
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questionable skin lesions
exist and must not be performed on |
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any person who is impaired
by drugs or alcohol.
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Section 30. Duties of
the Department; rulemaking. |
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(a) Before issuing a
certificate of registration to an |
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applicant, the Department,
or its designee, shall inspect the |
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premises of the
establishment to insure compliance under the
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requirements of this Act. |
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(b) Once a certificate
of registration is issued, the |
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Department may
periodically inspect each establishment
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registered under this Act
to ensure compliance. |
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(c) The Department
shall adopt any rules deemed necessary
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for the implementation and
administration of this Act.
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Section 35. Expiration
and renewal of registration; |
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display. |
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(a) A certificate of
registration issued under this Act |
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shall expire and may be
renewed annually. |
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(b) Registration is
valid for a single location and only
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for the operator named on
the certificate. Registration is not
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transferable. |
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(c) The certificate of
registration issued by the |
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Department shall be
conspicuously displayed within the sight of
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clients upon entering the
establishment.
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Section 40. Change of
ownership. In the event of a change |
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of ownership, the new
owner must apply for a certificate of
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registration prior to
taking possession of the property. A
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provisional certificate of
registration may be issued by the |
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Department until an
initial inspection for a certificate of
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registration can be
performed by the Department or its |
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designee.
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Section 45. Denial;
suspension; revocation; nonrenewal of
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registration. A
certificate of registration may be denied,
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suspended, revoked, or the
renewal of a certificate of |
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registration may be denied
for any of the following reasons: |
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Violation of any of
the provisions of this Act or the rules
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and regulations adopted by
the Department under this Act. |
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Conviction of an
applicant or registrant of an offense
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arising from false,
fraudulent, deceptive, or misleading
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advertising. The record of
conviction or a certified copy shall
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be conclusive evidence of
the conviction. |
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Revocation of a
certificate of registration during the
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previous 5 years or
surrender or expiration of the certificate
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of registration during the
pendency of action by the Department
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to revoke or suspend the
certificate of registration during the
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previous 5 years, if
before the certificate of registration was
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issued to the individual
applicant, a controlling owner or |
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controlling combination of
owners of the applicant, or any |
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affiliate of the
individual applicant or controlling owner of
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the applicant or affiliate
of the applicant, was a controlling |
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owner of the prior
certificate of registration.
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Section 50.
Administration; enforcement. |
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(a) The Department may
establish a training program for the
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Department agents for
administration and enforcement of this
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Act. |
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(b) In the
administration and enforcement of this Act, the
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Department may designate
and use State-certified, local public
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health departments as its
agents in the administration and |
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enforcement of this Act
and rules. |
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(c) The Department
shall issue grants to State-certified,
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local public health
departments acting as agents of the |
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Department based on 75% of
the total fees and fines collected |
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in the jurisdiction of the
State-certified, local public health
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department for the
enforcement and administration of this Act. |
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(d) The Department or
a State-certified, local public |
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health department acting
as an agent of the Department in the
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administration and
enforcement of this Act may use the local
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administrative review
process of the State-certified, local
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public health department
to resolve disputes.
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Section 55.
Investigation; hearing; notice. The Department
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may, upon its own motion,
and shall upon the verified complaint
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in writing of any person
setting forth facts which if proven |
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would constitute grounds
for the denial of an application for a
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certificate of
registration, or refusal to renew a certificate
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of registration, or
revocation of a certificate of |
| 7 |
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registration, or
suspension of a certificate of registration,
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investigate the applicant
or registrant. The Department, after
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notice and opportunity for
hearing, may deny any application |
| 10 |
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for or suspend or revoke a
certificate of registration or may |
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refuse to renew a
certificate of registration. Before denying
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an application or refusing
to renew, suspending, or revoking a |
| 13 |
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certificate of
registration, the Department shall notify the
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applicant in writing. The
notice shall specify the charges or |
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reasons for the
Department's contemplated action. The
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applicant or registrant
must request a hearing within 10 days
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after receipt of the
notice. Failure to request a hearing
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within 10 days shall
constitute a waiver of the right to a
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hearing.
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Section 60. Conduct of
hearing. |
| 21 |
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(a) The hearing shall
be conducted by the Director, or an |
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individual designated in
writing by the Director as a hearing
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officer. The Director or
hearing officer may compel by subpoena
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or subpoena duces tecum
the attendance and testimony of |
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witnesses and the
production of books and papers, and |
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