Revised Code of Washington
TITLE 5 RCW EVIDENCE
CHAPTER 5.40 RCW PROOF -- GENERAL PROVISIONS
RCW 5.40.050 Breach of duty -- Evidence of negligence --
Negligence per se.
A breach of a duty imposed by statute, ordinance, or administrative
rule shall not be considered negligence per se, but may be considered
by the trier of fact as evidence of negligence; however, any breach
of duty as provided by statute, ordinance, or administrative rule
relating to electrical fire safety, the use of smoke alarms, sterilization
of needles and instruments used in tattooing or electrology as required
under RCW 70.54.350, or driving while under the influence of intoxicating
liquor or any drug, shall be considered negligence per se.
[2001 c 194 §§ 5; 1986 c 305 §§ 901.]
Revised Code of Washington
TITLE 26 RCW DOMESTIC RELATIONS
CHAPTER 26.28 RCW AGE OF MAJORITY (Formerly: Infants)
RCW 26.28.085 Applying tattoo to a minor -- Penalty.
Every person who applies a tattoo> to any minor under the age
of eighteen is guilty of a misdemeanor. It is not a defense to a
violation of this section that the person applying the <tattoo> did
not know the minor's age unless the person applying the <tattoo> establishes
by a preponderance of the evidence that he or she made a reasonable,
bona fide attempt to ascertain the true age of the minor by requiring
production of a driver's license or other picture identification
card or paper and did not rely solely on the oral allegations or
apparent age of the minor.
For the purposes of this section, "<tattoo" includes any
permanent marking or coloring of the skin with any pigment, ink,
or dye, or any procedure that leaves a visible scar on the skin.
Medical procedures performed by a licensed physician are exempted
from this section.
[1995 c 373 §§ 1.]
Revised Code of Washington
TITLE 70 RCW PUBLIC HEALTH AND SAFETY
CHAPTER 70.54 RCW MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
RCW 70.54.320 Electrology and tattooing -- Findings.
The legislature finds and declares that the practices of electrology
and tattooing> involve an invasive procedure with the use of needles
and instruments which may be dangerous when improperly sterilized
presenting a risk of infecting the client with bloodborne pathogens
such as HIV and Hepatitis B. It is in the interests of the public
health, safety, and welfare to establish requirements for the sterilization
procedures in the commercial practices of electrology and <tattooing
in this state.
[2001 c 194 §§ 1.]
TITLE 70 RCW PUBLIC HEALTH AND SAFETY
CHAPTER 70.54 RCW MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
RCW 70.54.330 Electrology and tattooing -- Definitions.
The definitions in this section apply throughout RCW 70.54.320,
70.54.340, and 70.54.350 unless the context clearly requires otherwise.
(1) "Electrologist" means a person who practices the business of
electrology for a fee.
(2) "Electrology" means the process by which hair is permanently
removed through the utilization of solid needle/probe electrode
epilation, including thermolysis, being of shortwave, high frequency
type, and including electrolysis, being of galvanic type, or a
combination of both which is accomplished by a superimposed or sequential
blend.
(3) "Tattoo> artist" means a person who practices the business of
<tattooing> for a fee.
(4) "<Tattooing" means the indelible mark, figure, or decorative design
introduced by insertion of nontoxic dyes or pigments into or under the
subcutaneous portion of the skin upon the body of a live human being for
cosmetic or figurative purposes.
[2001 c 194 §§ 2.]
Revised Code of Washington
TITLE 70 RCW PUBLIC HEALTH AND SAFETY
CHAPTER 70.54 RCW MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
RCW 70.54.340 Electrology and tattooing -- Rules, sterilization
requirements.
The secretary of health shall adopt by rule requirements for the
sterilization of needles and instruments by electrologists and tattoo
artists in accordance with nationally recognized professional standards.
The secretary shall consider the universal precautions for infection
control, as recommended by the United States centers for disease
control, and guidelines for infection control, as recommended by the
national environmental health association and the alliance of
professional tattooists, in the adoption of these sterilization
requirements.
[2001 c 194 §§ 3.]
Revised Code of Washington
TITLE 70 RCW PUBLIC HEALTH AND SAFETY
CHAPTER 70.54 RCW MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
RCW 70.54.350 Electrology and tattooing -- Practitioners to
comply with rules -- Penalty.
(1) Any person who practices electrology or tattooing shall comply
with the rules adopted by the department of health under RCW 70.54.340.
(2) A violation of this section is a misdemeanor.
[2001 c 194 §§ 4.]
Revised Code of Washington
TITLE 82 RCW EXCISE TAXES
CHAPTER 82.04 RCW BUSINESS AND OCCUPATION TAX
RCW 82.04.050 "Sale at retail," "retail sale."
(g) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services.
Washington Acts
Chapter 194, Laws of 2001
SUBSTITUTE HOUSE BILL 1042
ELECTROLOGY AND TATTOOING> -- STERILIZATION PROCEDURES
AN ACT Relating to sterilization procedures in the commercial
practices of electrology and <tattooing>; amending RCW 5.40.050;
adding new sections to chapter 70.54 RCW; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 70.54
RCW to read as follows:
The legislature finds and declares that the practices of
electrology and <tattooing> involve an invasive procedure with the
use of needles and instruments which may be dangerous when
improperly sterilized presenting a risk of infecting the client
with bloodborne pathogens such as HIV and Hepatitis B. It is in
the interests of the public health, safety, and welfare to
establish requirements for the sterilization procedures in the
commercial practices of electrology and <tattooing> in this state.
NEW SECTION. Sec. 2. A new section is added to chapter 70.54
RCW to read as follows:
The definitions in this section apply throughout sections 1,
3, and 4 of this act unless the context clearly requires
otherwise.
(1) "Electrologist" means a person who practices the business
of electrology for a fee.
(2) "Electrology" means the process by which hair is
permanently removed through the utilization of solid needle/probe
electrode epilation, including thermolysis, being of shortwave,
high frequency type, and including electrolysis, being of galvanic
type, or a combination of both which is accomplished by a
superimposed or sequential blend.
(3) "<Tattoo> artist" means a person who practices the business
of <tattooing> for a fee.
(4) "<Tattooing>" means the indelible mark, figure, or
decorative design introduced by insertion of nontoxic dyes or
pigments into or under the subcutaneous portion of the skin upon
the body of a live human being for cosmetic or figurativepurposes.
NEW SECTION. Sec. 3. A new section is added to chapter 70.54
RCW to read as follows:
The secretary of health shall adopt by rule requirements for
the sterilization of needles and instruments by electrologists and
<tattoo> artists in accordance with nationally recognized
professional standards. The secretary shall consider the
universal precautions for infection control, as recommended by the
United States centers for disease control, and guidelines for
infection control, as recommended by the national environmental
health association and the alliance of professional tattooists, in
the adoption of these sterilization requirements.
NEW SECTION. Sec. 4. A new section is added to chapter 70.54
RCW to read as follows:
(1) Any person who practices electrology or <tattooing> shall
comply with the rules adopted by the department of health under
section 3 of this act.
(2) A violation of this section is a misdemeanor.
Sec. 5. RCW 5.40.050 and 1986 c 305 s 901 are each amended to
read as follows:
A breach of a duty imposed by statute, ordinance, or
administrative rule shall not be considered negligence per se, but
may be considered by the trier of fact as evidence of negligence;
however, any breach of duty as provided by statute, ordinance, or
administrative rule relating to electrical fire safety, the use of
smoke alarms, sterilization of needles and instruments used in
<tattooing or electrology as required under section 4 of this act,
or driving while under the influence of intoxicating liquor or any
drug, shall be considered negligence per se.
Passed the House April 16, 2001.
Passed the Senate April 9, 2001.
Approved by the Governor May 7, 2001.
Filed in Office of Secretary of State May 7, 2001.
Effective Date: July 22, 2001
WASHINGTON STATE REGISTER
2002-11 WSR 112
Chapter 246-145 WAC
ELECTROLOGY AND TATTOOING STANDARDS
FOR STERILIZATION PROCEDURES AND INFECTION CONTROL
NEW SECTION
WAC 246-145-010 Definitions. For the purpose of these rules, the following
words and phrases have the following meanings unless the context clearly indicates otherwise.
(1) "Electrologist" means a person who practices the business of electrology
for a fee.
(2) "Electrology" means the process of permanently removing hair by using
solid needle or probe electrode epilation, including:
(a) Thermolysis, being of shortwave, high frequency type;
(b) Electrolysis, being a galvanic type; or
(c) A combination of both which is accomplished by a superimposed or
sequential blend.
(3) "Gloves" means medical grade gloves that are FDA approved.
(4) "Sterilization" means a process that destroys all forms of microbial
life, including highly resistant bacterial spores.
(5) "Tattoo artist" means a person who practices the business of
tattooing for a fee.
(6) "Tattooing" means the indelible mark, figure, or decorative design
introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous
portion of the skin upon the body of a live human being for cosmetic or figurative purposes.
----------------------------------------------------------------------------
--
Date of Adoption: February 17, 2002.
Purpose: These rules implement RCW 70.54.340 which directs the Department
of Health (DOH) to protect the public's health by adopting sterilization
procedures and infection control standards for electrology and tattooing.
Statutory Authority for Adoption: RCW 70.54.340.
Adopted under notice filed as WSR 02-02-076 on December 31, 2001.
Changes Other than Editing from Proposed to Adopted Version: Based on
written comments as well as comments and discussion heard at the public hearing for
adoption, the department has separated the standards for electrology and
tattooing within WAC 246-145-020 and 246-145-030.
In addition, the department added clarifying language regarding cleaning and
disinfecting countertops, vacuuming and cleaning flooring and the frequency
of spore tests for sterilizers. The department also revised the small business
economic impact statement and cost benefit analysis based on comment. The
department doubled the number of business surveys, and included additional
research on medical impacts of electrology and tattooing. Individuals may
obtain copies of the revised analyses by contacting Anh Berry at 1107 Eastside
Street, Olympia, WA 98504-7879, phone (360) 236-4028.
Revised Small Business Economic Impact Statement
I. What Does the Rule or Rule Amendment Require? The proposed rule sets
standards for electrology and tattooing to prevent transmission of bloodborne
pathogens such as HIV, Hepatitis B, and possibly Hepatitis C Virus. The
standards require prevention behaviors for personnel, sterile equipment, and
needles. The requirements lay out a set of procedures for different types of
circumstances. The proposed procedures include the universal precautions for
infection control recommended by the United States Center for Disease Control
and Prevention, the Alliance of Professional Tattooists, and the National
Environmental Health Association.
The proposed standards require that basic hygienic conditions and
sterilization equipment be maintained through:
. Regular cleaning and disinfecting of walls, floors, and other frequently
touched surfaces such as, equipment, lamps;
. Hand washing;
. Use of fresh, unpunctured gloves for contact [with] each client to prevent
exposure to blood and body fluids, mucous membranes, nonintact skin of all
clients, and surfaces soiled with blood or body fluids;
. Precautions to prevent injuries caused by needles and other sharp instruments
or devices during procedures when cleaning[,] disposing of or handling sharp
instruments;
. Using puncture-resistant containers for sharps disposal;
. Using band aids with gloves if personnel have small unhealed sores;
. Assuring that sterilizers have a thermometer and timer to indicate whether
adequate heat has been applied to packaged equipment;
. Using or checking chemical indicators for each package to assure the items
have been exposed to the sterilization process; and
. Monitoring sterilizers at least once a month with commercial preparations
of spores intended specifically for the type of sterilizer being monitored.
The proposed standards require the use of clean and sterile needles and
sharps. Specific needle and sharps related actions include:
. Using only single-use, disposable needles and sterile sharp items and
instruments;
. Using single-use items on only one client. Single-use items must be disposed
of immediately in a puncture-resistant container;
. Thoroughly cleaning and sterilizing reusable sharp items and instruments
in an autoclave or dry-heat sterilizer between clients;
. Resterilizing instruments or sharps that have been potentially
contaminated by dropping or touching an unsterile surface, by torn, punctured, damaged, or
wet packaging; and
. Discarding any single use item that has been potentially contaminated by
dropping or touching an unsterile surface, by torn, punctured, damaged, or
wet packaging or if the expiration date is expired.
Violations are a misdemeanor and an individual (or violator) may therefore be
subject to penalties of up to ninety days imprisonment and/or $ 1,000 under RCW
9.92.020.
II. What industries are affected? Standard Industrial Classification (SIC)
Code 7299 Miscellaneous Personal Services, Not Elsewhere Classified, contains
both Electrolysis and Tattooing. The average size of the largest 10% of
businesses [*111] in this sector is 19.13 employees and the average size of
the remaining businesses is 4.1 employees.
[A> AVERAGE EMPLOYMENT <A]
Number Total Employ- Small Large
Of Firms ment Business Business
7299 Misc. 530 2,668 4.10 19.13
personal services
III. What are the costs? The Department of Health used a survey of
sixty-one establishments to estimate the costs of the rule. To estimate the potential
cost to firms that may need to adjust their procedures, staff used the
information from firms that are already in compliance with universal precautions for
infection control.
Most shops surveyed reported compliance with all parts of the rule. A few
shops reported they would need to change some practices. The average cost of
compliance for tattoo and electrology shops that are not currently in compliance
with the three reported problem requirements would be $ 16,000 per year.
The rule will have no impact on 93% of the shops interviewed because they
are already in compliance. 6.8% of the companies reported being out of compliance
with one provision.<1>
The following list of provisions indicates the costs by type for each part of
the rule.
. Equipment:
a. Companies may need to replace equipment such as tables or surfaces that
cannot be sterilized. None of the companies interviewed will need to do
this.
b. Companies may need to purchase equipment to sterilize their materials. 3%
of the electrology shops interviewed will need to purchase sterilization equipment.
c. Companies may need to purchase a container for sharps. None of the
companies interviewed will need to purchase a container for sharps.
The companies that need to purchase equipment such as sterilization equipment
will experience an average reported cost of $ 250.
. Supplies and testing services:
a. Companies that do not use gloves will have to purchase gloves. All
respondent companies already use gloves.
b. Companies that do not use disposable needles must shift to disposable
needles. All companies reported using disposable needles already. The average
cost of disposable needles is $ 11,000 per year for a full time tattoo artist
and $ 4,000 per year for a full time electrologist.<2>
c. Companies that use a sterilizer will have to purchase testing chemicals
and/or spores. All but one company cleans and tests their equipment. The
added cleaning, testing and record-keeping costs were reported to average $ 282
per year.<3> The rule has been revised based on comment so that monthly testing
is no longer mandatory, but testing will be done based on a manufacturer's
recommendation. This evaluation is still based on monthly testing because
the survey data was collected using that basis. In hearings, tattoo artists
reported a higher frequency and all tattoo artists surveyed do testing.
Electrologists reported a lower frequency of testing during the hearing. Thus the costs
estimated here are probably overstated. 4% of electrologists responded that
they do not test and the costs are estimated for those shops as if they would
test once a month.
Companies which both shift to disposable needles and shift to purchasing
chemicals or spores and testing themselves or purchasing testing services will
experience costs of about $ 11,700 per year.
. Labor Costs: Most labor costs are already incorporated into some of the
activities covered above. (ex. Cleaning and testing of equipment can be done
in-house or a service can be hired.) Only the remaining labor costs are covered
below.
Companies that do not require that employees wash their hands before and
after handling clients and after handling nonsterile equipment will now have
to do so. The average annual reported costs for hand washing was $ 4400.<4>
. Increased administrative costs were not reported.
. Lost sales or revenue were not reported. 6% of the respondents expect that
the regulation may increase the number of clients. This potential value increase
was not calculated.
IV. Is the Cost Disproportionate? This rule has been reviewed and has
been found to have a disproportionate impact on small businesses.
Average employment in SIC 7299 does not reflect the likely pattern of
employment in the electrology and tattoo shops affected by this rule. All the
companies appear to have only one proprietor. Shops with multiple workstations
simply rent workstations to the staff in the shop. However, all the workstations
share the sterilization mechanisms offered by the shop. If a shop were to have
multiple work stations, whether or not they are employees, it would
automatically have economies of scale.
A worst-case analysis with full noncompliance, for all three reported problem
areas, at a small and a large firm, with average employment in the SIC, would
indicate disproportionate costs given average costs of $ 16,221 per year.
Worst-case analysis for SIC Code 7299.
Miscellaneous Personal Services, Not Elsewhere Classified
Small Large
Business Business
Average Employment 4.10 19.13
Average cost per employee $ 3,956 $ 848
It is important to recognize that most companies already comply with the
rule in response to customer concerns regarding their procedures. Most companies
that did not follow a procedure were only missing one procedure. Only one
respondent did not follow two procedures. Thus the costs above are explicit
overestimates used to form a worst case scenario. The department extrapolated the expected
costs to the 618 companies based on current reported compliance levels.
[*112] The total extrapolated cost of the rule to the state is $ 162,000 in the
first year and $ 159,000 per year thereafter.
V. What Cost Minimizing Features Were Included? The department reduced
the costs of the rule by not including expensive requirements with lower
potential benefits.
A. Reducing, modifying, or eliminating substantive regulatory
requirements. DOH did not include all the requirements from the US Center for Disease
Control and Prevention, the Alliance of Professional Tattooists and the National
Environmental Health Association. Based on cost analysis of the rule and
public comment the DOH has eliminated or modified the following from the proposed
rule:
. Require monthly testing of sterilization equipment
. Allowing bandages and gloves for practitioners with small sores or wounds
. Sterile walls and floors
. Daily cleaning was converted to a regular cleaning
Based on cost considerations DOH did not include the following in the
proposed rule:
. All surfaces should be hard and smooth
. Require a germicide protection barrier
. No carpet should be allowed in the building
. Require a sink and autoclave at each unit
. Require disposable razors
. Prohibit reuse of ink
B. Simplifying, reducing, or eliminating record-keeping and reporting
requirements. The record-keeping requirements were limited to three years.
The department did not propose reporting requirements to evaluate compliance
with sterilization standards.
C. Reducing the frequency of inspections. No inspections are scheduled.
D. Delaying compliance timetables. It is not feasible to delay the
compliance timetable. Over 90% of the companies want this rule to be in place and
expect a greater client base to evolve in response to the new rules.
E. Reducing or modifying fine schedules for noncompliance. It is not possible
to reduce or modify the fines or penalties for noncompliance because they are
set in law.
VI. How Will You Involve Small Business in the Rule Making? The DOH
identified 618 possible electrology and tattoo shops. The DOH sent copies of
the draft rule to all the affected businesses and other interested parties for
comment and they were invited to the hearing. Staff also called sixty-one
companies as part of a survey to collect cost data and feedback on the rule.
All of the companies in the sample turned out to be small businesses.
Number of Sections Adopted in Order to Comply with Federal Statute: New
0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0,
Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0,
Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended
0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform
Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended
0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other
Alternative Rule Making: New 5, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.
May 7, 2002
Mary C. Selecky
Secretary
NEW SECTION
WAC 246-145-001 Purpose and scope. These rules establish standard universal
precautions for preventing the spread of diseases by using sterilization
procedures and infection control in the commercial practices of electrology
and tattooing.
