Maryland State Law

C. The performance of services of any kind upon the surface of a client's skin, scalp, or nail where the skin, scalp, or nail is inflamed or where a skin infection or eruption is present unless authorized by a physician;

D. The removal of corns, calluses, or other growths of the skin, such as warts, by cutting;

E. The use of electrical muscle stimulator devices purported to produce nonsurgical face or body lifts;

F. Cosmetic tattooing;

G. The presence of a dog, cat, bird, or any kind of animal on the salon premises with the exception of guide dogs for the blind;

H. The sale of any hairpieces which previously have been worn including, but not limited to wigs, toupees, wiglets, falls, and switches.

09.22.02.01

.01 Salon—General.

A. Application for a salon permit shall be submitted to the Board together with certification of approval with respect to zoning, health, fire prevention, and all other laws, ordinances, and requirements applicable to the establishment.

B. A person establishing a residential salon shall meet the following requirements in addition to the requirements set forth in § A of this regulation:

(1) The salon shall be completely separate and distinct from all living quarters;

(2) The salon shall be in compliance with all applicable laws, regulations, and ordinances;

(3) The salon shall have a separate outside entrance for use of salon patrons; and

(4) The salon shall have a restroom facility maintained for exclusive use by salon clients.

C. More than one salon permit may not be issued for any one premises unless a separate and distinct salon entity is established on a different level of the one premises.

D. Pre-opening Inspection.

(1) Before a salon permit is issued, the premises shall be inspected by a Board member or inspector.

(2) If the premises are not in compliance with the regulations and laws governing beauty culture, the Board may refuse to issue the permit.

E. The Board may initiate a criminal prosecution of a person operating a beauty salon without a valid permit.

SB 218
Department of Legislative Services
Maryland General Assembly

FISCAL NOTE

Senate Bill 218
(Senator Stone)

Economic and Environmental Affairs

Licensure and Regulation of Tattoo Artists and Body Piercing Artists

This bill requires a tattoo artist or body piercing artist to be licensed by the State Board of Cosmetology in the Department of Labor, Licensing, and Regulation in order to provide tattooing or body piercing services in Maryland. The bill authorizes the board to charge a $25 license and renewal fee for tattoo and body piercing artists. It also specifies the requirements for licensure as a tattoo or body piercing artist, which includes a 1,000-hour curriculum and an examination. With the exception of ear piercing, this bill prohibits the tattooing and body piercing of a minor. This bill increases the number of cosmetology board members from seven to nine by adding one tattoo artist and one body piercing artist.

These provisions of the bill take effect January 1, 1999.

Fiscal Summary

State Effect: General fund revenues could increase by $148,800 in FY 1999. Future year revenues reflect a decline in new applications and a biennial renewal period. General fund expenditures for the board could increase by $105,900 in FY 1999. Future year expenditures reflect annualization and inflation. Indeterminate minimal increase in general fund revenues and expenditures due to the bill's penalty provisions.

(in dollars) FY 1999 FY 2000 FY 2001 FY 2002 FY 2003
GF Revenues $148,800 $7,500 $62,500 $7,500 $66,300
GF Expenditures 105,900 52,900 54,100 55,400 56,600
Net Effect $42,900 ($45,400) $8,400 ($47,900) $9,700
Note: ( ) - decrease; GF - general funds; FF - federal funds; SF - special funds

Local Effect: Indeterminate minimal increase in revenues and expenditures due to the bill's penalty provisions.
Small Business Effect: Potential meaningful effect on small businesses.

Fiscal Analysis

Bill Summary: The State Board of Cosmetology must adopt regulations by October 1, 1998. This provision of the bill takes effect June 1, 1998.

This bill authorizes the board to waive the examination requirement if the tattoo artist or body piercing artist is licensed in another state. Tattoo and body piercing artists are exempt from the apprenticeship and training requirements if they are employed as such on October 1, 1998 and have obtained at least five years of tattoo or body piercing experience within the last seven years.

This bill also expands the definitions of "cosmetology school" and "beauty salon" to include the tattoo and body piercing arts. A beauty salon may obtain a permit for the limited purposes of providing tattoo artist services or body piercing services.

Tattoo and body piercing artist students are authorized to practice without a license as part of the required training, under the direct supervision of an approved teacher, if: (1) the recipient is aware that the artist is a student; (2) the student has completed at least 350 hours of instruction; and (3) the practice occurs at the school. Apprentices are also authorized to practice in a licensed salon under the supervision of a licensed tattoo or body piercing artist with two years' experience. In order to register as an apprentice with the board, a tattoo artist or body piercing artist applicant must have completed 350 hours of training at an approved private cosmetology school.

The board may discipline a licensee by: (1) suspending or revoking the cosmetologist license or the beauty salon permit; and/or (2) imposing a fine of up to $300. In addition, any misdemeanor violation of this bill could result in a maximum fine of $100 and/or maximum imprisonment of 30 days.

Background: Currently, tattoo and body piercing artists are regulated under COMAR 10.06.01.02 and 06. The regulations require standard infection control measures during medical procedures that penetrate the skin and during skin penetrating body adornment, such as tattooing and body piercing.

The State Board of Cosmetologists has a sunset date in its enabling statute of July 1, 1998.

State Revenues: General fund revenues from license and inspection fees could increase by $148,750 in fiscal 1999. It is assumed that there would be 100 applications for tattoo salon permits and 500 applications for piercing salon permits (which would include ear-piercing establishments). Each salon permit is expected to cost $50 (renewed biennially), with an initial $150 inspection fee. Revenues from the salon permits are estimated to be $120,000 (600 applications x $200). It is also assumed that there would be about 150 applications for a tattoo artist license and 1,000 applications for a body piercing artist license (includes ear-piercing artists). Revenues from the issuance of individual licenses is estimated to be $28,750 (1,150 applications x $25 license fee). License fees are renewed biennially.

Subsequent year revenues reflect biennial renewals and assumes 10 new applications for salon permits and 100 new applications for individual licenses each year. It is also assumed that there would be an offsetting number of salons and individuals who decline to renew their license in each renewal period.

General fund revenues could increase under the bill's monetary penalty provisions for those cases heard in the District Court, depending upon the number of convictions and fines imposed. The Office of Administrative Hearings estimates that fewer than 33 hearings a year would be referred to them and any increase in workload could be absorbed within existing resources.

State Expenditures: General fund expenditures could increase by an estimated $105,929 in fiscal 1999, which accounts for the bill's January 1, 1999 effective date. This estimate reflects the cost of hiring one Office Secretary to help license tattoo and body piercing artists. It includes a salary, fringe benefits, and ongoing operating expenses. The estimate includes a one-time cost of $75,000 for developing two new examinations and computer programming costs. While board members would not be entitled to compensation, they would be eligible for expense reimbursements according to standard State travel regulations. Consequently, the estimate also assumes the annual cost for reimbursing the two additional board members for eligible expenses would be about $750.

Salaries and Fringe Benefits
$12,744

Exam Development and Computer Programming
75,000

Operating Expenses
18,185

Total FY 1999 State Expenditures
$105,929

Future year expenditures reflect: (1) full salary with 3.5% annual increases and 3% employee turnover; and (2) 1% annual increases in ongoing operating expenses.

Local Revenues: Revenues could increase under the bill's monetary penalty provisions for those cases heard in the circuit courts, depending upon the number of convictions and fines imposed. Any increase, however, is expected to be minimal.

Local Expenditures: Expenditures could increase as a result of the bill's incarceration penalty depending upon the number of convictions and sentences imposed. Counties pay the full cost of incarceration for the first 90 days of the sentence, plus part of the per diem cost after 90 days. Any increase, however, is expected to be minimal.

Small Business Effect: There would be an indeterminate cost to each small business tattoo/body piercing establishment as a result of the bill, arising from: (1) the license and renewal fee at $25 and salon permit at $200, respectively; (2) the associated costs of complying with the licensure requirements; and (3) any penalties (both monetary and non-monetary) for violation of certain provisions.

There are an indeterminate but significant number of individuals who practice tattooing in their homes or at county fairs. Some of these tattoo artists may discontinue their practice because they either would not or could not comply with the requirements for licensure set by the board. However, some tattoo artists currently operating in noncommercial establishments may elect to set up commercial establishments as a result of this bill. In that event, the number of small business tattoo shops in Maryland will increase.

There are also approximately 30-40 store-front tattoo establishments in the State, and all could be considered small businesses. The practice of tattooing in most store-front tattoo shops currently conforms to standard infection control measures outlined by the Center for Disease Control. Business for these tattoo stores will increase if, as a result of this bill, there is less business activity among tattoo artists practicing in their homes and other noncommercial establishments.

A similar effect could be experienced by the body piercing industry.

This bill may also prompt the development of tattoo artists/body piercing artists schools in the State.

Information Source(s): Department of Labor, Licensing, and Regulation; Office of Administrative Hearings; Garrett County; Department of Legislative Services

Fiscal Note History:
First Reader - February 5, 1998

lc

Analysis by: Lina Walker
Direct Inquiries to:

Reviewed by: John Rixey
John Rixey, Coordinating Analyst

(410) 841-3710

(301) 858-3710

Here is the information you requested:
Senate Bill 218 (sponsored by Senator Stone)
History by Legislative Date (1998)
Senate Action
1/29 First reading Economic and Environmental Affairs
2/11 Hearing 2/27 at 1:00pm
2/25 Hearing cancelled
3/2 Withdrawn
House Action
No Action

House Bill 254
History by Legislative Date (1998)
House Action
1/28 First Reading Economic Matters
Hearing 2/4 at 1:00pm
2/23 Unfavorable report by Economic Matters
Senate Action
No Action
***this info can be found at www.mlis.state.md.us***

SENATE BILL 218

Unofficial Copy 1998 Regular Session

C2 8lr1308

CF 8lr0079

____________________________________________________________________________________

By: Senator Stone

Introduced and read first time: Janaury 29, 1998

Assigned to: Economic and Environmental Affairs

_____________________________________________________________________________________

A BILL ENTITLED

1 AN ACT concerning

2 Licensure and Regulation of Tattoo Artists and Body Piercing Artists

3 FOR the purpose of altering the composition of the State Board of Cosmetologists;

4 requiring the licensure as a tattoo artist by the State Board of Cosmetologists of

5 any individual who provides tattoo artist services; requiring the licensure as a

6 body piercing artist by the State Board of Cosmetologists of any individual who

7 provides body piercing artist services; providing for the issuance, terms,

8 expiration, and renewal of a license; authorizing the State Board of

9 Cosmetologists to deny, revoke, suspend, reprimand, or reinstate a license under

10 certain circumstances; authorizing the State Board of Cosmetologists to place a

11 license on probation under certain circumstances; providing for the

12 qualifications for licensure and the duties of licensees; granting certain

13 administrative appeals to certain licensees and license applicants under certain

14 circumstances; requiring the registration of apprentices in tattoo artistry or

15 body piercing artistry with the State Board of Cosmetologists; authorizing the

16 State Board of Cosmetologists to deny, revoke, suspend, or reinstate an

17 apprentice's registration under certain circumstances; limiting the provision of

18 tattoo artist services and body piercing artist services to certain establishments;

19 requiring the Board to adopt certain regulations; prohibiting certain acts under

20 certain circumstances; establishing certain penalties; providing for the effective

21 dates for the provisions of this Act; requiring the State Board of Cosmetologists

22 to grant a waiver of certain requirements under this Act under certain

23 circumstances; defining certain terms; providing for a delayed effective date;

24 and generally relating to tattoo artist services, body piercing artist services, and

25 cosmetology.

26 BY repealing and reenacting, with amendments,

27 Article - Business Occupations and Professions

28 Section 5-101, 5-202, 5-301, 5-302, 5-308, 5-310, 5-314, 5-402, 5-404, 5-407,

29 5-501, 5-504, 5-505, 5-509, 5-522, 5-601, 5-604, 5-605, and 5-607

30 through 5-609

31 Annotated Code of Maryland

32 (1995 Replacement Volume and 1997 Supplement)

33 BY repealing and reenacting, with amendments,

2 SENATE BILL 218

1 Article - Business Occupations and Professions

2 Section 5-205

3 Annotated Code of Maryland

4 (1995 Replacement Volume and 1997 Supplement)

5 (As enacted by Chapter 735 of the Acts of the General Assembly of 1997)

6 BY repealing and reenacting, without amendments,

7 Article - Business Occupations and Professions

8 Section 5-401

9 Annotated Code of Maryland

10 (1995 Replacement Volume and 1997 Supplement)

11 BY adding to

12 Article - Business Occupations and Professions

13 Section 5-304.1, 5-304.2, and 5-609 through 5-612

14 Annotated Code of Maryland

15 (1995 Replacement Volume and 1997 Supplement)

16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

17 MARYLAND, That the Laws of Maryland read as follows:

18 Article - Business Occupations and Professions

19 5-101.

20 (a) In this title the following words have the meanings indicated.

21 (b) "Apprentice" means an individual who is learning to practice cosmetology

22 or any limited practice of cosmetology in a beauty salon that holds a beauty salon

23 permit under the supervision of:

24 (1) if learning to practice cosmetology, a licensed senior cosmetologist;

25 (2) if learning to provide esthetic services, a licensed senior cosmetologist

26 or a licensed esthetician with 2 years' experience; [and]

27 (3) if learning to provide manicuring services, a licensed senior

28 cosmetologist or a licensed manicurist with 2 years' experience;

29 (4) IF LEARNING TO PROVIDE TATTOO ARTIST SERVICES, A LICENSED

30 TATTOO ARTIST WITH 2 YEARS' EXPERIENCE; AND

31 (5) IF LEARNING TO PROVIDE BODY PIERCING SERVICES, A LICENSED

32 BODY PIERCING ARTIST WITH 2 YEARS' EXPERIENCE.

3 SENATE BILL 218

1 (c) (1) "Beauty salon" means any commercial establishment, except a

2 barbershop, in which an individual practices cosmetology OR PROVIDES TATTOO

3 ARTIST SERVICES OR BODY PIERCING ARTIST SERVICES.

4 (2) "Beauty salon" does not include a clinic in a cosmetology school.

5 (d) "Beauty salon permit" means a permit issued by the Board to operate a

6 beauty salon.

7 (e) "Board" means the State Board of Cosmetologists.

8 (f) "Cosmetologist" means an individual who practices cosmetology.

9 (G) "COSMETOLOGISTS SCHOOL" INCLUDES A SCHOOL THAT TEACHES

10 TATTOO ARTISTRY OR BODY PIERCING.

11 [(g)] (H) (1) "License" means, unless the context requires otherwise, a

12 license issued by the Board.

13 (2) "License" includes, unless the context requires otherwise, each of the

14 following licenses:

15 (i) a license to practice cosmetology;

16 (ii) a license to practice as a senior cosmetologist;

17 (iii) a limited license to provide makeup artist services;

18 (iv) a limited license to provide esthetic services; [and]

19 (v) a limited license to provide manicuring services;

20 (VI) A LICENSE TO PROVIDE TATTOO ARTIST SERVICES; AND

21 (VII) A LICENSE TO PROVIDE BODY PIERCING ARTIST SERVICES.

22 (I) "LICENSED BODY PIERCING ARTIST" MEANS, UNLESS THE CONTEXT

23 REQUIRES OTHERWISE, A BODY PIERCING ARTIST WHO IS LICENSED BY THE BOARD

24 TO PROVIDE BODY PIERCING ARTIST SERVICES.

25 [(h)] (J) "Licensed cosmetologist" means, unless the context requires

26 otherwise, a cosmetologist who is licensed by the Board to practice cosmetology.

27 [(i)] (K) "Licensed senior cosmetologist" means a person who:

28 (1) has at least 2 years of experience as a licensed cosmetologist; and

29 (2) has passed a test approved by the Board.

4 SENATE BILL 218

1 (L) "LICENSED TATTOO ARTIST" MEANS, UNLESS THE CONTEXT REQUIRES

2 OTHERWISE, A TATTOO ARTIST WHO IS LICENSED BY THE BOARD TO PROVIDE

3 TATTOO ARTIST SERVICES.

4 [(j)] (M) (1) "Limited license" means a license issued by the Board to

5 practice cosmetology as limited in § 5-301 of this title.

6 (2) "Limited license" includes, unless the context requires otherwise,

7 each of the following licenses:

8 (i) a limited license to provide makeup artist services;

9 (ii) a limited license to provide esthetic services; and

10 (iii) a limited license to provide manicuring services.

11 [(k)] (N) (1) "Practice cosmetology" means to engage in any of the following

12 for compensation:

13 (i) beautifying, cleaning, or embellishing the hair of an individual

14 by:

15 1. arranging the hair;

16 2. bleaching the hair;

17 3. cleansing the hair;

18 4. coloring the hair;

19 5. curling the hair;

20 6. cutting the hair;

21 7. dressing the hair;

22 8. singeing the hair;

23 9. permanent waving the hair;

24 10. waving the hair; or

25 11. performing any other similar procedure intended to

26 beautify, clean, or embellish the hair;

27 (ii) arching or dyeing eyebrows;

28 (iii) dyeing eyelashes;

29 (iv) providing makeup artist services;

30 (v) providing esthetic services; or

5 SENATE BILL 218

1 (vi) providing manicuring services.

2 (2) The practice of cosmetology does not include:

3 (i) the mere sale, fitting, or styling of wigs or hairpieces;

4 (ii) the mere shampooing of hair; or

5 (iii) a service that results in tension on hair strands or roots by

6 twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical

7 device, provided that the service does not include the application of dyes, reactive

8 chemicals, or other preparations to alter the color of the hair or to straighten, curl, or

9 alter the structure of the hair.

10 (O) "PROVIDE BODY PIERCING SERVICES" MEANS TO PENETRATE THE SKIN OR

11 A MEMBRANE OF AN INDIVIDUAL FOR THE PURPOSE OF INSERTING JEWELRY OR

12 OTHER FORMS OF BODY ADORNMENT.

13 [(l)] (P) "Provide makeup artist services" means to apply creams, lotions,

14 cosmetic preparations, and cleansing solutions to an individual's face for

15 compensation.

16 [(m)] (Q) "Provide esthetic services" means to provide to an individual, for

17 compensation, the service of:

18 (1) cleansing, exercising, massaging, stimulating, or performing any

19 other similar procedure on the arms, face, hands, or scalp by electrical, mechanical, or

20 any other means;

21 (2) applying to the face an alcohol, cream, lotion, astringent, or cosmetic

22 preparation; or

23 (3) removing superfluous hair by the use of a depilatory, tweezers, or

24 wax.

25 [(n)] (R) "Provide manicuring services" means to manicure or pedicure for

26 compensation the nails of an individual.

27 (S) "PROVIDE TATTOO ARTIST SERVICES" MEANS TO MAKE MARKS OR

28 DESIGNS ON THE SKIN OF AN INDIVIDUAL BY:

29 (1) PRICKING THE SKIN AND INGRAINING IT IN AN INDELIBLE PIGMENT;

30 OR

31 (2) RAISING SCARS ON THE SKIN.

32 5-202.

33 (a) (1) The Board consists of [seven] NINE members.

34 (2) Of the [seven] NINE members of the Board:

6 SENATE BILL 218

1 (i) four shall be licensed cosmetologists;

2 (II) ONE SHALL BE A LICENSED TATTOO ARTIST;

3 (III) ONE SHALL BE A LICENSED BODY PIERCING ARTIST;

4 [(ii)] (IV) one shall be affiliated with a private cosmetology school as

5 an educator or owner; and

6 [(iii)] (V) two shall be consumer members.

7 (3) The Governor shall appoint the members with the advice of the

8 Secretary.

9 (b) Each cosmetologist member of the Board:

10 (1) shall have practiced cosmetology actively for at least 5 years before

11 appointment;

12 (2) shall be a citizen of the State;

13 (3) may not be affiliated directly or indirectly with any cosmetology

14 school;

15 (4) may not be affiliated with any person who manufactures or sells any

16 article, supply, or merchandise that is commonly used in a beauty salon; and

17 (5) may not be a graduate of the same school of cosmetology as any other

18 member of the Board.

19 (c) Each consumer member of the Board:

20 (1) shall be a member of the general public;

21 (2) may not be a licensee or otherwise be subject to regulation by the

22 Board;

23 (3) may not be required to meet the qualifications for the professional

24 members of the Board; and

25 (4) may not, within 1 year before appointment, have had a financial

26 interest in or have received compensation from a person regulated by the Board.

27 (d) While a member of the Board, a consumer member may not:

28 (1) have a financial interest in or receive compensation from a person

29 regulated by the Board; or

30 (2) grade any examination given by or for the Board.

7 SENATE BILL 218

1 (e) Before taking office, each appointee to the Board shall take the oath

2 required by Article I, § 9 of the Maryland Constitution.

3 (f) (1) The term of a member is 3 years and begins on July 1.

4 (2) The terms of members are staggered as required by the terms

5 provided for members of the Board on October 1, 1989.

6 (3) a member may not serve more than 2 consecutive terms.

7 (4) At the end of a term, a member continues to serve until a successor is

8 appointed and qualifies.

9 (5) A member who is appointed after a term has begun serves only for

10 the rest of the term and until a successor is appointed and qualifies.

11 (g) The Governor may remove a member for incompetence or misconduct.

12 5-205.

13 (a) In addition to any duties set forth elsewhere, the Board shall adopt:

14 (1) bylaws for the conduct of its proceedings;

15 (2) regulations for qualification and examination of applicants for

16 licenses, registration, and permits and issuance of licenses, certificates of

17 registration, and permits;

18 (3) regulations to govern the conduct of persons regulated under this

19 title;

20 (4) regulations to govern sanitation and safety in practicing cosmetology

21 AND PROVIDING TATTOO ARTIST SERVICES AND BODY PIERCING ARTIST SERVICES,

22 including regulations that establish precautions to prevent the spread of infectious

23 and contagious diseases; and

24 (5) regulations to govern the direct supervision of the operation of

25 limited practice beauty salons.

26 (b) (1) Subject to paragraph (4) of this subsection, the Board shall establish

27 reasonable fees for reinstatements, certifications, applications, preopening

28 inspections, per diem fees for Board members, compensation for inspectors appointed

29 by the Board, and for any other service performed by the Board necessary to carry out

30 the provisions of this title.

31 (2) The fees established by the Board shall be set in a manner that will

32 produce funds sufficient to cover the actual direct and indirect costs of regulating the

33 cosmetology industry in the State in accordance with the provisions of this title.

8 SENATE BILL 218

1 (3) The total cost of regulating the cosmetology industry in the State in

2 accordance with the provisions of this title may not be more than the revenues

3 generated by the fees established under paragraph (1) of this subsection.

4 (4) The Board shall require a $25 fee for the licensure or renewal of

5 licensure of cosmetologists, senior cosmetologists, estheticians, manicurists, [and]

6 makeup artists, TATTOO ARTISTS, AND BODY PIERCING ARTISTS.

7 5-301.

8 (a) Except as otherwise provided in this title, an individual shall be licensed

9 by the Board to practice cosmetology before the individual may practice cosmetology

10 in the State.

11 (B) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, AN INDIVIDUAL SHALL

12 BE LICENSED BY THE BOARD TO PROVIDE TATTOO ARTIST SERVICES BEFORE THE

13 INDIVIDUAL MAY PROVIDE TATTOO ARTIST SERVICES IN THE STATE.

14 (C) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, AN INDIVIDUAL SHALL

15 BE LICENSED BY THE BOARD TO PROVIDE BODY PIERCING ARTIST SERVICES BEFORE

16 THE INDIVIDUAL MAY PROVIDE BODY PIERCING ARTIST SERVICES IN THE STATE.

17 [(b)] (D) If an individual holds the appropriate limited license, the individual

18 may practice cosmetology in a manner limited to:

19 (1) providing makeup artist services;

20 (2) providing esthetic services; or

21 (3) providing manicuring services.

22 [(c)] (E) Subsection (a) of this section does not apply to:

23 (1) a student while the student practices cosmetology in accordance with

24 [§ 5-302] § 5-302(A) AND (B) or § 5-303 of this subtitle; or

25 (2) a registered apprentice.

26 (F) SUBSECTION (B) DOES NOT APPLY TO:

27 (1) A STUDENT WHILE THE STUDENT PROVIDES TATTOO ARTIST

28 SERVICES IN ACCORDANCE WITH § 5-302(C) OF THIS SUBTITLE; OR

29 (2) A REGISTERED APPRENTICE.

30 (G) SUBSECTION (C) DOES NOT APPLY TO:

31 (1) A STUDENT WHILE THE STUDENT PROVIDES BODY PIERCING ARTIST

32 SERVICES IN ACCORDANCE WITH § 5-302(D) OF THIS SUBTITLE; OR

33 (2) A REGISTERED APPRENTICE.

9 SENATE BILL 218

1 5-302.

2 (a) (1) Subject to the provisions of this subsection, a student who has

3 completed at least 350 hours of training at a school of cosmetology may practice

4 cosmetology, without a license, at the school.

5 (2) A student may practice cosmetology under this subsection only:

6 (i) in the course of the practical work required as part of the

7 training of the student;

8 (ii) while the student is under the direct supervision of a teacher

9 who meets the requirements established by the Department of Education for Public

10 School Programs or the Maryland Higher Education Commission for Private School

11 Programs; and

12 (iii) if the individual to whom a service is to be provided agrees to

13 provision of the service after being informed that a student in training is to provide

14 the service.

15 (b) (1) Subject to the provisions of this subsection, a student who has

16 completed at least 1,000 hours of training at a school of cosmetology may practice

17 cosmetology, without a license, in a hospital, nursing home, or correctional facility.

18 (2) A student may practice cosmetology under this subsection only:

19 (i) in the course of the practical work required as part of the

20 training of the student;

21 (ii) while the student is under the direct supervision of a teacher

22 who meets the requirements established by the Department of Education for Public

23 School Programs or the Maryland Higher Education Commission for Private School

24 Programs; and

25 (iii) if the individual to whom a service is to be provided:

26 1. is confined to the hospital, nursing home, or correctional

27 facility; and

28 2. agrees to provision of the service after being informed that

29 a student in training is to provide the service.

30 (C) (1) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, A STUDENT

31 WHO HAS COMPLETED AT LEAST 350 HOURS OF INSTRUCTION IN TATTOO ARTISTRY

32 AT A PRIVATE SCHOOL OF COSMETOLOGY MAY PROVIDE TATTOO ARTIST SERVICES,

33 WITHOUT A LICENSE, AT THE SCHOOL.

34 (2) A STUDENT MAY PRACTICE TATTOO ARTIST SERVICES UNDER THIS

35 SUBSECTION ONLY:

10 SENATE BILL 218

1 (I) IN THE COURSE OF THE PRACTICAL WORK REQUIRED AS PART

2 OF THE TRAINING OF THE STUDENT;

3 (II) WHILE THE STUDENT IS UNDER THE DIRECT SUPERVISION OF

4 A TEACHER WHO MEETS THE REQUIREMENTS ESTABLISHED BY THE MARYLAND

5 HIGHER EDUCATION COMMISSION FOR PRIVATE SCHOOL PROGRAMS; AND

6 (III) IF THE INDIVIDUAL TO WHOM A SERVICE IS TO BE PROVIDED

7 AGREES TO PROVISION OF THE SERVICE AFTER BEING INFORMED THAT A STUDENT

8 IN TRAINING IS TO PROVIDE THE SERVICE.

9 (D) (1) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, A STUDENT

10 WHO HAS COMPLETED AT LEAST 350 HOURS OF INSTRUCTION IN BODY PIERCING AT

11 A PRIVATE SCHOOL OF COSMETOLOGY MAY PROVIDE BODY PIERCING ARTIST

12 SERVICES, WITHOUT A LICENSE, AT THE SCHOOL.

13 (2) A STUDENT MAY PRACTICE BODY PIERCING SERVICES UNDER THIS

14 SUBSECTION ONLY:

15 (I) IN THE COURSE OF THE PRACTICAL WORK REQUIRED AS PART

16 OF THE TRAINING OF THE STUDENT;

17 (II) WHILE THE STUDENT IS UNDER THE DIRECT SUPERVISION OF

18 A TEACHER WHO MEETS THE REQUIREMENTS ESTABLISHED BY THE MARYLAND

19 HIGHER EDUCATION COMMISSION FOR PRIVATE SCHOOL PROGRAMS; AND

20 (III) IF THE INDIVIDUAL TO WHOM A SERVICE IS TO BE PROVIDED

21 AGREES TO PROVISION OF THE SERVICE AFTER BEING INFORMED THAT A STUDENT

22 IN TRAINING IS TO PROVIDE THE SERVICE.

23 5-304.1.

24 (A) TO QUALIFY FOR A LICENSE TO PROVIDE TATTOO ARTIST SERVICES, AN

25 APPLICANT SHALL BE AN INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THIS

26 SECTION.

27 (B) AN APPLICANT FOR A LICENSE TO PROVIDE TATTOO ARTIST SERVICES

28 SHALL:

29 (1) BE AT LEAST 18 YEARS OLD;

30 (2) HAVE SUCCESSFULLY COMPLETED A 9TH GRADE EDUCATION OR

31 THE EQUIVALENT; AND

32 (3) HAVE RECEIVED TRAINING BY:

33 (I) SERVING AS A REGISTERED APPRENTICE FOR AT LEAST 1 YEAR

34 AS PROVIDED UNDER § 5-404 AND § 5-405 OF THIS TITLE; OR

35 (II) SUCCESSFULLY COMPLETED 1,000 HOURS OF INSTRUCTION

36 AND TRAINING IN TATTOO ARTIST SERVICES IN A PRIVATE COSMETOLOGY SCHOOL

11 SENATE BILL 218

1 APPROVED BY THE MARYLAND HIGHER EDUCATION COMMISSION IN CONSULTATION

2 WITH THE BOARD.

3 (C) AN APPLICANT FOR A TATTOO ARTIST LICENSE SHALL PASS AN

4 EXAMINATION GIVEN BY THE BOARD UNDER THIS SUBTITLE.

5 5-304.2.

6 (A) TO QUALIFY FOR A LICENSE TO PROVIDE BODY PIERCING ARTIST

7 SERVICES, AN APPLICANT SHALL BE AN INDIVIDUAL WHO MEETS THE

8 REQUIREMENTS OF THIS SECTION.

9 (B) AN APPLICANT FOR A LICENSE TO PROVIDE BODY PIERCING ARTIST

10 SERVICES SHALL:

11 (1) BE AT LEAST 18 YEARS OLD;

12 (2) HAVE SUCCESSFULLY COMPLETED A 9TH GRADE EDUCATION OR

13 THE EQUIVALENT; AND

14 (3) HAVE RECEIVED TRAINING BY:

15 (I) SERVING AS A REGISTERED APPRENTICE FOR AT LEAST 1 YEAR

16 AS PROVIDED UNDER § 5-404 AND § 5-405 OF THIS TITLE; OR

17 (II) SUCCESSFULLY COMPLETED 1,000 HOURS OF INSTRUCTION

18 AND TRAINING IN BODY PIERCING ARTIST SERVICES IN A PRIVATE COSMETOLOGY

19 SCHOOL APPROVED BY THE MARYLAND HIGHER EDUCATION COMMISSION IN

20 CONSULTATION WITH THE BOARD.

21 (C) AN APPLICANT FOR A BODY PIERCING ARTIST LICENSE SHALL PASS AN

22 EXAMINATION GIVEN BY THE BOARD UNDER THIS SUBTITLE.

23 5-308.

24 (a) Subject to the provisions of this section, the Board may waive any

25 APPLICABLE examination requirement of this subtitle for an individual who is

26 licensed IN ANOTHER STATE:

27 (1) to practice as a cosmetologist or a limited practice cosmetologist [in

28 another state];

29 (2) TO PROVIDE TATTOO ARTIST SERVICES; OR

30 (3) TO PROVIDE BODY PIERCING ARTIST SERVICES.

31 (b) The Board may grant a waiver under this section only if the applicant:

32 (1) pays to the Board an application fee established by the Board in

33 accordance with § 5-205 of this title; and

12 SENATE BILL 218

1 (2) provides adequate evidence that the applicant:

2 (i) meets the qualifications otherwise required by this subtitle; and

3 (ii) became licensed in the other state after passing, in that or any

4 other state, an examination that is at least equivalent to the examination for which

5 the applicant is seeking a waiver.

6 5-310.

7 (a) Subject to subsections (b) through (d) of this section and while a license to

8 practice cosmetology is in effect, it authorizes the licensee to practice cosmetology.

9 (b) While a limited license to provide makeup artist services is in effect, it

10 authorizes the licensee to provide only makeup artist services.

11 (c) While a limited license to provide esthetic services is in effect, it authorizes

12 the licensee to provide only esthetic services.

13 (d) While a limited license to provide manicuring services is in effect, it

14 authorizes the licensee to provide only manicuring services.

15 (E) WHILE A LICENSE TO PROVIDE TATTOO ARTIST SERVICES IS IN EFFECT, IT

16 AUTHORIZES THE LICENSEE TO PROVIDE ONLY TATTOO ARTIST SERVICES.

17 (F) WHILE A LICENSE TO PROVIDE BODY PIERCING ARTIST SERVICES IS IN

18 EFFECT, IT AUTHORIZES THE LICENSEE TO PROVIDE ONLY BODY PIERCING ARTIST

19 SERVICES.

20 5-314.

21 (a) Subject to the hearing provisions of § 5-315 of this subtitle, the Board may

22 deny a license to any applicant, reprimand any licensee, or suspend or revoke a

23 license if the applicant or licensee:

24 (1) fraudulently or deceptively obtains or attempts to obtain a license for

25 the applicant or licensee or for another;

26 (2) fraudulently or deceptively uses a license;

27 (3) is incompetent;

28 (4) engages in dishonest, unethical, immoral, or unprofessional conduct;

29 (5) is addicted to alcohol or drugs to the extent of being unfit to practice

30 cosmetology, PROVIDE TATTOO ARTIST SERVICES, OR PROVIDE BODY PIERCING

31 ARTIST SERVICES;

32 (6) advertises by means of knowingly false or deceptive statements; or

13 SENATE BILL 218

1 (7) violates any provision of this title or any regulation adopted by the

2 Board under this title.

3 (b) Instead of or in addition to suspending or revoking a license, the Board

4 may impose a penalty not exceeding $300 for all violations cited on a single day.

5 (c) In determining the amount of financial penalty to be imposed under this

6 section, the Board shall consider the following:

7 (1) the seriousness of the violation;

8 (2) the good faith of the violator;

9 (3) the violator's history of previous violations;

10 (4) the deleterious effect of the [violation on the complainant, the public,

11 and the cosmetology industry; and] VIOLATION ON THE:

12 (I) COMPLAINANT;

13 (II) PUBLIC; AND

14 (III) COSMETOLOGY, TATTOO ARTISTRY, OR BODY PIERCING

15 INDUSTRIES; AND

16 (5) any other factors relevant to the determination of the financial

17 penalty.

18 (d) The Board shall commence proceedings under this section on a complaint

19 to the Board by a member of the Board or any person.

20 (1) A complaint shall:

21 (i) be in writing;

22 (ii) be signed by the complainant;

23 (iii) state specifically the facts on which the complaint is based;

24 (iv) be submitted to the Executive Director of the Board; and

25 (v) be served on the person to whom it is directed:

26 1. personally; or

27 2. by certified mail, return receipt requested, bearing a

28 postmark from the United States Postal Service, to the person's last known address

29 as shown on the Board's records.

30 (2) If service is made by certified mail, the person who mails the

31 document shall file with the Board verified proof of mailing.

14 SENATE BILL 218

1 (e) (1) Except as provided in subsection (f) of this section, if the Board finds

2 that a complaint alleges facts that are adequate grounds for action under this section,

3 the Board shall act on the complaint as provided under § 5-315 of this subtitle to

4 deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

5 (2) If the Board does not make the finding, the Board shall dismiss the

6 complaint.

7 (f) (1) If the Board makes the finding under subsection (e)(1) of this section

8 for a violation that relates to the sanitary practice of cosmetology, TATTOO ARTIST

9 SERVICES, OR BODY PIERCING ARTIST SERVICES, the Board shall provide the licensee

10 an opportunity to correct the alleged violation.

11 (2) If the licensee fails to correct each alleged violation within 10 days of

12 written notification of the violation by the Board, the Board shall act on the complaint

13 as provided under § 5-315 of this subtitle.

14 (3) If the licensee corrects each alleged violation within 10 days of notice,

15 the Board shall:

16 (i) dismiss the complaint; and

17 (ii) provide the licensee written notification of the dismissal.

18 5-401.

19 An individual shall be registered by the Board before the individual may serve

20 as an apprentice in a beauty salon in the State .

21 5-402.

22 (A) An applicant for registration shall:

23 (1) submit to the Board an application on the form that the Board

24 provides; and

25 (2) pay to the Board an application fee established by the Board in

26 accordance with § 5-205 of this title.

27 (B) IN ADDITION TO ANY OTHER REQUIREMENTS UNDER THIS SUBTITLE, TO

28 QUALIFY FOR REGISTRATION AS A TATTOO ARTIST APPRENTICE OR A BODY

29 PIERCING ARTIST APPRENTICE, AN APPLICANT SHALL HAVE RECEIVED TRAINING BY

30 COMPLETING AT LEAST 350 HOURS OF TRAINING AT A PRIVATE COSMETOLOGY

31 SCHOOL.

32 5-404.

33 While registration as an apprentice is in effect, the registration authorizes the

34 individual to learn to practice cosmetology, [or] any limited practice of cosmetology,

35 PROVIDE TATTOO ARTIST SERVICES, OR PROVIDE BODY PIERCING ARTIST SERVICES:

15 SENATE BILL 218

1 (1) in a:

2 (i) beauty salon that holds a beauty salon permit; or

3 (ii) barbershop that holds a barbershop permit; and

4 (2) under the supervision of:

5 (i) if learning to practice cosmetology, a licensed senior

6 cosmetologist;

7 (ii) if learning to provide esthetic services, a licensed senior

8 cosmetologist or a licensed esthetician with 2 years' experience; [and]

9 (iii) if learning to provide manicuring services, a licensed senior

10 cosmetologist or a licensed manicurist with 2 years' experience[.];

11 (IV) IF LEARNING TO PROVIDE TATTOO ARTIST SERVICES, A

12 LICENSED TATTOO ARTIST WITH 2 YEARS' EXPERIENCE; AND

13 (V) IF LEARNING TO PROVIDE BODY PIERCING ARTIST SERVICES, A

14 LICENSED BODY PIERCING ARTIST WITH 2 YEARS EXPERIENCE.

15 5-407.

16 (a) Subject to the hearing provisions of § 5-408 of this subtitle, the Board may

17 deny registration as an apprentice to any applicant, reprimand any individual

18 registered as an apprentice, or suspend or revoke the registration of an individual

19 registered as an apprentice:

20 (1) for any applicable ground under § 5-314 of this title;

21 (2) if the applicant or individual fraudulently or deceptively obtains or

22 attempts to obtain registration for the applicant or individual or for another; or

23 (3) if the applicant or individual fraudulently or deceptively uses a

24 certificate of registration.

25 (b) Instead of or in addition to suspending or revoking a registration, the

26 Board may impose a penalty not exceeding $300 for all violations cited on a single

27 date.

28 (c) In determining the amount of financial penalty to be imposed under this

29 section, the Board shall consider the following:

30 (1) the seriousness of the violation;

31 (2) the good faith of the violator;

32 (3) the violator's history of previous violations;

16 SENATE BILL 218

1 (4) the deleterious effect of the [violation on the complainant, the public,

2 and the cosmetology industry; and] VIOLATION ON THE:

3 (I) COMPLAINANT;

4 (II) PUBLIC; AND

5 (III) COSMETOLOGY, TATTOO ARTISTRY, OR BODY PIERCING

6 INDUSTRIES; AND

7 (5) any other factors relevant to the determination of the financial

8 penalty.

9 (d) The Board shall commence proceedings under this section on a complaint

10 to the Board by a member of the Board or any person.

11 (1) A complaint shall:

12 (i) be in writing;

13 (ii) be signed by the complainant;

14 (iii) state specifically the facts on which the complaint is based;

15 (iv) be submitted to the Executive Director of the Board; and

16 (v) be served on the person to whom it is directed:

17 1. personally; or

18 2. by certified mail, return receipt requested, bearing a

19 postmark from the United States Postal Service, to the person's last known address

20 as shown on the Board's records.

21 (2) If service is made by certified mail, the person who mails the

22 document shall file with the Board verified proof of mailing.

23 (e) (1) Except as provided in subsection (f) of this section, if the Board finds

24 that a complaint alleges facts that are adequate grounds for action under this section,

25 the Board shall act on the complaint as provided under § 5-408 of this subtitle to

26 deny, suspend, or revoke a certificate of registration, reprimand an apprentice, or

27 assess a penalty.

28 (2) If the Board does not make the finding, the Board shall dismiss the

29 complaint.

30 (f) (1) If the Board makes the finding under subsection (e)(1) of this section

31 for a violation that relates to the sanitary practice of cosmetology, THE PROVISION OF

32 TATTOO ARTIST SERVICES, OR THE PROVISION OF BODY PIERCING ARTIST SERVICES,

33 the Board shall provide the apprentice an opportunity to correct the alleged violation.

17 SENATE BILL 218

1 (2) If the apprentice fails to correct each alleged violation within 10 days

2 of written notification of the violation by the Board, the Board shall act on the

3 complaint as provided under § 5-408 of this subtitle.

4 (3) If the apprentice corrects each alleged violation within 10 days of

5 notice, the Board shall:

6 (i) dismiss the complaint; and

7 (ii) provide the apprentice written notification of the dismissal.

8 5-501.

9 (a) A person shall hold a beauty salon permit issued by the Board before the

10 person may operate a beauty salon in the State.

11 (b) A beauty salon may operate as a limited practice beauty salon by offering

12 [cosmetology] services limited to:

13 (1) providing makeup artist services;

14 (2) providing esthetic services; [or]

15 (3) providing manicuring services;

16 (4) PROVIDING TATTOO ARTIST SERVICES; OR

17 (5) PROVIDING BODY PIERCING ARTIST SERVICES.

18 (c) A separate beauty salon permit is required for each beauty salon that a

19 person operates.

20 5-504.

21 (a) The Board shall issue a beauty salon permit to each applicant who meets

22 the requirements of this subtitle.

23 (b) A beauty salon permit for the limited practice of cosmetology OR A LIMITED

24 SERVICE shall specify the limited [cosmetology] PRACTICE OR services for which the

25 permit is issued.

26 (c) The Board shall issue a beauty salon permit and a barbershop permit to an

27 applicant of a single establishment if the applicant:

28 (1) meets the requirements of:

29 (i) this title; and

30 (ii) Title 4 of this article;

31 (2) submits a separate application for each permit; and

18 SENATE BILL 218

1 (3) pays a separate fee for each application.

2 5-505.

3 (a) While a beauty salon permit is in effect, it authorizes the beauty salon

4 permit holder to operate the beauty salon.

5 (b) While a beauty salon permit for the limited practice of cosmetology OR A

6 LIMITED SERVICE is in effect, it authorizes the holder to operate a beauty salon only

7 for the limited purpose for which the permit is issued.

8 5-509.

9 (a) The Board may adopt regulations to ensure that each cosmetology school

10 approved by the State Board of Education or the Maryland Higher Education

11 Commission is operated in a sanitary manner.

12 (b) The regulations adopted under subsection (a) of this section shall provide

13 for:

14 (1) the reporting of violations of the regulations to the Department of

15 Education or the Maryland Higher Education Commission; and

16 (2) the imposition of a fine not to exceed $300 for a violation of the

17 regulations.

18 (c) In determining the amount of financial penalty to be imposed under this

19 section, the Board shall consider the following:

20 (1) the seriousness of the violation;

21 (2) the good faith of the violator;

22 (3) the violator's history of previous violations;

23 (4) the deleterious effect of the violation on the [complainant, the public,

24 and the barber industry; and]:

25 (I) COMPLAINANT;

26 (II) PUBLIC;

27 (III) THE BARBER, TATTOO ARTISTRY, OR BODY PIERCING ARTIST

28 INDUSTRIES; AND

29 (5) any other factors relevant to the determination of the financial

30 penalty.

31 (d) The Board shall commence proceedings to assess a penalty under this

32 section on a complaint to the Board by a member of the Board or any person.

19 SENATE BILL 218

1 (1) A complaint shall:

2 (i) be in writing;

3 (ii) be signed by the complainant;

4 (iii) state specifically the facts on which the complaint is based;

5 (iv) be submitted to the Executive Director of the Board; and

6 (v) be served on the person to whom it is directed:

7 1. personally; or

8 2. by certified mail, return receipt requested, bearing a

9 postmark from the United States Postal Service, to the person's last known address

10 as shown on the Board's records.

11 (2) If service is made by certified mail, the person who mails the

12 document shall file with the Board verified proof of mailing.

13 (e) (1) Except as provided in subsection (f) of this section, if the Board finds

14 that a complaint alleges facts that are adequate grounds for action under this section,

15 the Board shall act on the complaint as provided under § 5-523 of this subtitle to

16 assess a penalty.

17 (2) If the Board does not make the finding, the Board shall dismiss the

18 complaint.

19 (f) (1) If the Board makes the finding under subsection (e)(1) of this section

20 for a violation that relates to the sanitary condition of a cosmetology school or the

21 sanitary practice of cosmetology, TATTOO ARTIST SERVICES, OR BODY PIERCING

22 ARTIST SERVICES, the Board shall provide the owner of the school an opportunity to

23 correct the alleged violation.

24 (2) If the owner fails to correct each alleged violation within 10 days of

25 written notification of the violation by the Board, the Board shall act on the complaint

26 as provided under § 5-523 of this subtitle.

27 (3) If the owner corrects each alleged violation within 10 days of notice,

28 the Board shall:

29 (i) dismiss the complaint; and

30 (ii) provide the owner written notification of the dismissal.

31 5-522.

32 (a) Subject to the hearing provisions of § 5-523 of this subtitle, the Board may

33 deny a beauty salon permit to any applicant, reprimand any permit holder, or

34 suspend or revoke a beauty salon permit:

20 SENATE BILL 218

1 (1) for any applicable ground under § 5-314 of this title;

2 (2) if the applicant or holder fraudulently or deceptively obtains or

3 attempts to obtain a beauty salon permit for the applicant or holder or for another; or

4 (3) if the applicant or holder fraudulently or deceptively uses a beauty

5 salon permit.

6 (b) Instead of or in addition to suspending or revoking a beauty salon permit,

7 the Board may impose a penalty not exceeding $300 for all violations cited on a single

8 date.

9 (c) In determining the amount of financial penalty to be imposed under this

10 section, the Board shall consider the following:

11 (1) the seriousness of the violation;

12 (2) the good faith of the violator;

13 (3) the violator's history of previous violations;

14 (4) the deleterious effect of the [violation on the complainant, the public,

15 and the cosmetology industry; and] VIOLATION ON THE:

16 (I) COMPLAINANT;

17 (II) PUBLIC; AND

18 (III) COSMETOLOGY, TATTOO ARTISTRY, OR BODY PIERCING

19 INDUSTRIES; AND

20 (5) any other factors relevant to the determination of the financial

21 penalty.

22 (d) The Board shall commence proceedings under this section on a complaint

23 to the Board by a member of the Board or any person.

24 (1) A complaint shall:

25 (i) be in writing;

26 (ii) be signed by the complainant;

27 (iii) state specifically the facts on which the complaint is based;

28 (iv) be submitted to the Executive Director of the Board; and

29 (v) be served on the person to whom it is directed:

30 1. personally; or

21 SENATE BILL 218

1 2. by certified mail, return receipt requested, bearing a

2 postmark from the United States Postal Service, to the person's last known address

3 as shown on the Board's records.

4 (2) If service is made by certified mail, the person who mails the

5 document shall file with the Board verified proof of mailing.

6 (e) (1) Except as provided in subsection (f) of this section, if the Board finds

7 that a complaint alleges facts that are adequate grounds for action under this section,

8 the Board shall act on the complaint as provided under § 5-523 of this subtitle to

9 deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

10 (2) If the Board does not make the finding, the Board shall dismiss the

11 complaint.

12 (f) (1) If the Board makes the finding under subsection (e)(1) of this section

13 for a violation that relates to the sanitary condition of a beauty salon or the sanitary

14 practice of cosmetology, THE PROVISION OF TATTOO ARTIST SERVICES, OR BODY

15 PIERCING ARTIST SERVICES, the Board shall provide the owner of the salon an

16 opportunity to correct the alleged violation.

17 (2) If the owner fails to correct each alleged violation within 10 days of

18 written notification of the violation by the Board, the Board shall act on the complaint

19 as provided under § 5-523 of this subtitle.

20 (3) If the owner corrects each alleged violation within 10 days of notice,

21 the Board shall:

22 (i) dismiss the complaint; and

23 (ii) provide the owner written notification of the dismissal.

24 5-601.

25 (A) Except as otherwise provided in this title, a person may not practice,

26 attempt to practice, or offer to practice cosmetology in the State unless licensed by the

27 Board to practice cosmetology.

28 (B) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON MAY NOT

29 PROVIDE, ATTEMPT TO PROVIDE, OR OFFER TO PROVIDE TATTOO ARTIST SERVICES

30 IN THE STATE UNLESS LICENSED BY THE BOARD TO PROVIDE TATTOO ARTIST

31 SERVICES.

32 (C) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON MAY NOT

33 PROVIDE, ATTEMPT TO PROVIDE, OR OFFER TO PROVIDE BODY PIERCING ARTIST

34 SERVICES IN THE STATE UNLESS LICENSED BY THE BOARD TO PROVIDE BODY

35 PIERCING ARTIST SERVICES.

22 SENATE BILL 218

1 5-604.

2 (a) (1) Unless authorized under this title to practice cosmetology, a person

3 may not represent to the public, by use of a title, including "licensed cosmetologist" or

4 "licensed hairdresser", by description of services, methods, or procedures, or

5 otherwise, that the person is authorized to practice cosmetology in the State.

6 (2) UNLESS AUTHORIZED UNDER THIS TITLE TO PROVIDE TATTOO

7 ARTIST SERVICES, A PERSON MAY NOT REPRESENT TO THE PUBLIC, BY USE OF TITLE,

8 INCLUDING "TATTOO ARTIST", BY DESCRIPTION OF SERVICES, METHODS, OR

9 PROCEDURES, OR OTHERWISE, THAT THE PERSON IS AUTHORIZED TO PROVIDE

10 TATTOO ARTIST SERVICES IN THE STATE.

11 (3) UNLESS AUTHORIZED UNDER THIS TITLE TO PROVIDE BODY

12 PIERCING ARTIST SERVICES, A PERSON MAY NOT REPRESENT TO THE PUBLIC, BY

13 USE OF TITLE, INCLUDING "BODY PIERCING ARTIST", BY DESCRIPTION OF SERVICES,

14 METHODS, OR PROCEDURES, OR OTHERWISE, THAT THE PERSON IS AUTHORIZED TO

15 PROVIDE BODY PIERCING ARTIST SERVICES IN THE STATE.

16 [(2)] (B) If an individual is authorized under this title to engage in the

17 limited practice of cosmetology, the individual may represent to the public that the

18 individual is authorized to practice cosmetology in a manner restricted to that limited

19 practice.

20 [(b)] (C) Unless an establishment holds a beauty salon permit under this title,

21 a person may not represent to the public, by title, by description of services, methods,

22 or procedures, or otherwise, that the establishment is a beauty salon.

23 5-605.

24 (a) Except as provided in §§ 5-302 and 5-303 of this title and subsection (b) of

25 this section, a person may not practice cosmetology, PROVIDE TATTOO ARTIST

26 SERVICES, OR PROVIDE BODY PIERCING ARTIST SERVICES in any place other than:

27 (1) a beauty salon that holds a beauty salon permit; or

28 (2) a barbershop that holds a barbershop permit issued under Title 4 of

29 this article.

30 (b) (1) A licensed cosmetologist may practice cosmetology in the residence of

31 a patron, in a nursing home, or in a hospital as defined in § 19-301 of the Health -

32 General Article or a similar institution, by appointment, if:

33 (i) the licensed cosmetologist is sponsored by a beauty salon that

34 holds a beauty salon permit; and

35 (ii) the patron is a customer of the beauty salon.

36 (2) An individual who holds a limited license to provide manicuring

37 services may provide manicuring services in a barbershop.

23 SENATE BILL 218

1 5-607.

2 (a) An owner or lessee of a beauty salon may not knowingly:

3 (1) employ in the beauty salon an individual with an infectious or

4 contagious disease that presents a hazard to a patron; or

5 (2) after discovering an individual has an infectious or contagious

6 disease that presents a hazard to a patron, continue to employ the individual in the

7 beauty salon.

8 (b) (1) An individual who knows that the individual has an infectious or

9 contagious disease that presents a hazard to a beauty salon patron may not practice

10 cosmetology, PROVIDE TATTOO ARTIST SERVICES, OR PROVIDE BODY PIERCING

11 ARTIST SERVICES.

12 (2) An individual who knows that another individual has an infectious or

13 contagious disease that presents a hazard to a beauty salon patron may not practice

14 cosmetology, PROVIDE TATTOO ARTIST SERVICES, OR PROVIDE BODY PIERCING

15 ARTIST SERVICES on that other individual.

16 (c) An individual may not practice cosmetology, PROVIDE TATTOO ARTIST

17 SERVICES, OR PROVIDE BODY PIERCING ARTIST SERVICES in a careless or negligent

18 manner so as to:

19 (1) cause an infection; or

20 (2) impart an infectious or contagious disease that presents a hazard to a

21 beauty salon patron.

22 5-608.

23 (a) Except as provided in subsection (b) of this section, a school of cosmetology

24 approved by the State Department of Education or the Maryland Higher Education

25 Commission may not allow a student to practice cosmetology on the public OR

26 PROVIDE TATTOO ARTIST SERVICES OR BODY PIERCING ARTIST SERVICES TO THE

27 PUBLIC.

28 (b) A school of cosmetology approved by the State Department of Education or

29 the Maryland Higher Education Commission may allow a student:

30 (1) to practice cosmetology in accordance with § 5-302 or § 5-303 of this

31 title; AND

32 (2) TO PROVIDE TATTOO ARTIST SERVICES OR BODY PIERCING ARTIST

33 SERVICES IN ACCORDANCE WITH § 5-302 OF THIS TITLE.

34 5-609.

35 (A) A PERSON MAY NOT MAKE A TATTOO ON A MINOR.

24 SENATE BILL 218

1 (B) EXCEPT FOR EAR PIERCING, A PERSON MAY NOT PROVIDE BODY PIERCING

2 ARTIST SERVICES TO A MINOR.

3 (C) IN PROSECUTION FOR A VIOLATION OF THIS SECTION, IT SHALL BE A

4 DEFENSE THAT THE DEFENDANT EXAMINED THE TATTOO OR BODY PIERCING

5 RECIPIENT'S DRIVER'S LICENSE OR OTHER VALID IDENTIFICATION ISSUED BY AN

6 EMPLOYER, A GOVERNMENTAL ENTITY, OR AN INSTITUTION OF HIGHER EDUCATION

7 THAT POSITIVELY IDENTIFIED THE TATTOO OR BODY PIERCING RECIPIENT AS AT

8 LEAST 18 YEARS OLD.

9 (D) FOR PURPOSES OF THIS SECTION, EACH SEPARATE AND DISTINCT

10 INCIDENT AT A DIFFERENT TIME AND OCCASION IS A SEPARATE VIOLATION.

11 5-610.

12 (A) A PERSON MAY NOT REMOVE OR ATTEMPT TO REMOVE A TATTOO BY

13 CUTTING, ABRAISING, SCARRING, INJECTING CAUSTIC, ACIDIC MATERIALS, OR ANY

14 OTHER MEANS.

15 (B) A TATTOO ARTIST, STUDENT, OR APPRENTICE MAY TATTOO OVER AN

16 EXISTING TATTOO.

17 5-611.

18 A BODY SURFACE THAT DISPLAYS ANY RASH, PIMPLES, BOILS, LESIONS,

19 INFECTIONS, OR ANY EVIDENCE OF AN UNHEALTHY CONDITION MAY NOT BE

20 TATTOOED OR PIERCED.

21 5-612.

22 (A) A TATTOO ARTIST, STUDENT, OR APPRENTICE MAY NOT PROVIDE TATTOO

23 ARTIST SERVICES:

24 (1) WHILE UNDER THE INFLUENCE OF ALCOHOL; OR

25 (2) WHILE USING ANY NARCOTIC OR CONTROLLED DANGEROUS

26 SUBSTANCE, AS DEFINED IN ARTICLE 27 OF THE CODE, OR OTHER DRUG THAT IS IN

27 EXCESS OF THERAPEUTIC AMOUNTS OR WITHOUT VALID MEDICAL INDICATION.

28 (B) A BODY PIERCING ARTIST, STUDENT, OR APPRENTICE MAY NOT PROVIDE

29 BODY PIERCING SERVICES:

30 (1) WHILE UNDER THE INFLUENCE OF ALCOHOL; OR

31 (2) WHILE USING ANY NARCOTIC OR CONTROLLED DANGEROUS

32 SUBSTANCE, AS DEFINED IN ARTICLE 27 OF THE CODE, OR OTHER DRUG THAT IS IN

33 EXCESS OF THERAPEUTIC AMOUNTS OR WITHOUT VALID MEDICAL INDICATION.

25 SENATE BILL 218

1 [5-609.] 5-613.

2 A person who violates any provision of this title is guilty of a misdemeanor and

3 on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 30

4 days or both.

5 SECTION 2. AND BE IT FURTHER ENACTED, That the State Board of

6 Cosmetologists shall grant a waiver of the apprenticeship and training requirements

7 for tattoo artist licensing to an individual who:

8 (1) Is employed on October 1, 1998 as a tattoo artist; and

9 (2) Has obtained at least 5 years of tattoo artist experience within the 7

10 years immediately preceding the date of the application.

11 SECTION 3. AND BE IT FURTHER ENACTED, That the State Board of

12 Cosmetologists shall grant a waiver of the apprenticeship and training requirements

13 for body piercing artist licensing to an individual who:

14 (1) Is employed on October 1, 1998 as a body piercing artist; and

15 (2) Has obtained at least 5 years of body piercing artist experience

16 within the 7 years immediately preceding the date of the application.

17 SECTION 4. AND BE IT FURTHER ENACTED, That the State Board of

18 Cosmetologists shall adopt regulations to carry out the provisions of this Act by

19 October 1, 1998.

20 SECTION 5. AND BE IT FURTHER ENACTED, That Section 4 of this Act shall

21 take effect on June 1, 1998.

22 SECTION 6. AND BE IT FURTHER ENACTED, That Sections 1, 2, and 3 of

23 this Act shall take effect on January 1, 1999.