Louisiana State Law

(1) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

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(a) Tattooing or the insertion of pigment under the surface of the

skin of a human being, by pricking with a needle or otherwise, to

produce an indelible mark or figure visible under the skin.

(b) Body piercing or the creation of an opening in the body of

a human being for the purpose of inserting jewelry or other decoration;

but does not for the purposes of this Chapter, include piercing an ear

with a disposable, single-use stud or solid needle that is applied using

a mechanical device to force the needle or stud through the ear.

the skin of a human being for the purpose of permanently changing the

color or other appearance of the skin, including but not limited to

permanent eyeliner, eye shadow, or lip color.

(2) "Consumer" means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter.

(3) "Department" means the Department of Health and Hospitals.

(4) "Manager" means any individual designated by the owner to manage the daily business of a commercial body art facility.

(5) "Operator" means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration.

(6) "Owner" means any person who operates a commercial body art facility.

(7) "Registrant" means any person who is registered with the department as required by provisions of this Chapter.

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(8) "State health officer" means the employee of the department

who is the chief health care official of the state as provided for in R.S.

40:2.

§2742. Registration

A. Each person operating a commercial body art facility on

January 1, 2000, shall register the facility under this Chapter no later

than March 1, 2000.

B. Each person acquiring or establishing a commercial body art

facility after January 1, 2000, shall register the facility under this

Chapter prior to beginning operation of such a facility.

C. No person shall operate a commercial body art facility

without having first registered that facility as provided in Subsections

A and B of this Section. The application for registration shall be

submitted on forms provided by the department and shall contain all the

information required by such forms and any accompanying

instructions.

D. Each person managing a commercial body art facility and

each person acting as an operator as defined in this Chapter on January

1, 2000, shall register under this Chapter no later than March 1, 2000.

E. Each person who begins to act as a manager or operator in

a commercial body art facility after January 1, 2000, shall register the

facility under this Chapter prior to beginning operation of such a

facility.

F. No person shall act as a manager or operator in a commercial

body art facility without having first registered as provided in

Subsections D and E of this Section. The applications for registration

shall be submitted on forms provided by the department and shall

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contain all the information required by such forms and any

accompanying instructions.

G. Any facility approved by the department for training

operators pursuant to R.S. 37:2743(A)(4) shall register with the

department upon approval.

H. The department shall conduct at least one inspection of a

business prior to approving the business to offer commercial body art

application services under the provisions of this Chapter. The

department may conduct additional inspections as necessary for the

approval process, and may inspect a registered business at any time the

department considers necessary. In an inspection, the department shall

be given access to the business' premises and to all records relevant to

the inspection.

I.(1) The department may suspend or revoke the approval of a

business to offer commercial body art procedures at any time the

department determines that the business is being operated in violation

of this Chapter, any rules adopted pursuant to the provisions of this

Chapter, or the provisions of R.S. 14:93.2, which prohibit tattooing and

body piercing of minors without parental or custodial consent.

(2) In addition to suspension or revocation of approval by the

department, if a business violates the provisions of R.S. 14:93.2, it shall

also be subject to the penalties provided therein.

J.(1) The department may suspend or revoke the registration of

a manager or operator at a commercial body art facility or the

registration of a registered training facility at any time the department

determines that the registrant is operating in violation of this Chapter,

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any rules adopted pursuant to the provisions of this Chapter, or the

provisions of R.S. 14:93.2.

(2) In addition to suspension or revocation of registration by the

department, a registrant who violates the provisions of R.S. 14:93.2

shall be subject to the penalties provided therein.

K. Any physician licensed by the Louisiana State Board of

Medical Examiners is exempt from the provisions of this Chapter.

L.(1) The department shall establish and collect from each

registrant:

(a) Owner of facility $ 500

(b) Manager of facility $ 100

(d) Training facility $1500

(2) The department shall establish and annually collect from

each registrant the following renewal fees:

(a) Owner of facility $ 250

(b) Manager of facility $ 75

(d) Training facility $ 500

(3) The monies collected from such fees shall be used by the

department for the purposes of implementing and enforcing the

provisions of this Chapter.

§2743. Rules for minimum sanitary and safety standards

A. The state health officer shall promulgate rules and

regulations pursuant to the Administrative Procedure Act, which shall

provide for the enforcement of the provisions of this Chapter and which

shall also establish minimum sanitary and safety standards for the

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operation of commercial body art facilities. Minimum standards set

shall include but not be limited to all of the following:

(1) Health, cleanliness, and general sanitation of the facilities

or premises in which commercial body art is performed or applied.

(2) Proper disinfection and sterilization of body art apparatus

and safe disposal of body art apparatus.

(3) Procedures to prevent the transmission of disease or

infection during or relating to commercial body art procedures,

particularly the transmission of Hepatitis B and the human

immunodeficiency virus (HIV).

(4) Procedures for ensuring that operators who perform

commercial body art procedures are adequately trained to perform them

properly.

(5) With respect to tattooing services, maintenance of written

records that include the color, manufacturer, and lot number of each

pigment used for each tattoo performed.

(6) Procedures for sufficient disclosure prior to the application

of body art, including the permanence of each procedure and

procedures for obtaining written consent following such disclosure.

(7) Procedures for ensuring that consumers are adequately

informed as to sanitary care of their bodies after procedures are done.

B. Such rules shall be promulgated by the state health officer no

later than December 1, 1999. He shall implement and enforce all such

rules adopted.

§2744. Injunctive relief

A. If the department or state health officer finds that a person

has violated, is violating, or threatening to violate this Chapter and that

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the violation or threat of violations creates an immediate threat to the

health and safety of the public, the department or state health officer

may petition the district court for a temporary restraining order to

restrain the violation or threat of violation. If a person has violated, is

violating, or threatening to violate this Chapter, the department or state

health officer may, after sending notice of said alleged violation to the

alleged violator via certified mail and the lapse of ten days following

receipt of the notice by the alleged violator, petition the district court

for an injunction to prohibit the person from continuing the violation

or threat of violation.

B. On application for injunctive relief and a finding that a

person is violating or threatening to violate this Chapter, the district

court may grant any injunctive relief warranted by the facts. Venue for

a suit brought under this Section shall be in the parish in which the

violation is alleged to have occurred.

SPEAKER OF THE HOUSE OF REPRESENTATIVES

PRESIDENT OF THE SENATE

GOVERNOR OF THE STATE OF LOUISIANA

APPROVED: