§ 4101. Definitions

As used in this chapter:

(1) "Director" means the director of the office of professional regulation.

(2) "Disciplinary action" includes any action taken by an administrative law officer against a registered tattooist or applicant premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of an application for or renewal of a registration, suspension or revocation of a registration, limiting or conditioning of a registration, issuing reprimands or warnings, and adopting consent orders.

(3) "Practice of tattooing" or "practice tattooing" means to place a permanent mark, design, or coloration of a human being by a process of pricking or ingraining an indelible pigment on the skin.

(4) "An administrative law officer" means an administrative law officer established pursuant to 3 V.S.A. § 129(j).

(5) "Tattooist" means a person who practices tattooing.

(6) "Shop" means a facility regularly used to offer or perform the practice of tattooing. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 38.)

§ 4103. Director; functions; commissioner of health; rules

(a) The director shall administer the requirements of this chapter and shall:

(1) Provide general information to applicants for registration as tattooists.

(2) Collect fees as provided under this chapter.

(3) Explain appeal procedures to registered tattooists and applicants and complaint procedures to the public.

(4) Receive applications for registration, register applicants pursuant to this chapter, renew registrations, and revoke, reinstate, or condition registrations as ordered by an administrative law officer.

(5) Refer all disciplinary matters to an administrative law officer.

(b) The director, after consultation with the commissioner of health, shall adopt rules relating to infection control procedures and public health practices to be followed in the practice of tattooing in order to protect the public from communicable diseases. The commissioner shall also recommend standards of sanitation for tattooing facilities.

(c) The director may adopt rules necessary to perform his or her duties under subsection (a) of this section.

(d) The director may inspect shops used for the practice of tattooing. No fee shall be charged for initial inspections under this subsection; however, if the director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged. The director may waive all or a part of the reinspection fee in accordance with criteria established by rule. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 39.)

§ 4104. Advisor appointees

(a) The secretary of state shall appoint a professional in the field of public health and medicine, from a list of persons provided by the commissioner of health, a registered tattooist who has been practicing tattooing for at least the three years immediately preceding appointment and who shall actively be engaged in the practice of tattooing in Vermont during incumbency, and a member of the public. The appointees shall be appointed for staggered terms of three years to serve as advisors in matters relating to tattooing.

(b) The director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. The advisor appointees shall be entitled to compensation and necessary expenses as provided in 32 V.S.A. § 1010 for attendance at any meeting called by the director for that purpose. (Added 1995, No. 79 (Adj. Sess.), § 1.)

§ 4102. Prohibitions

(a) No person shall practice tattooing unless that person is registered in accordance with the provisions of this chapter.

(b) No person under the age of 18 may practice tattooing.

(c) A tattooist shall not tattoo a minor without the written consent of the parent or guardian of the minor.

(d) A person who violates any of the provisions of this section shall be fined not more than $1,000.00 for each occurrence. (Added 1995, No. 79 (Adj. Sess.), § 1.)

§ 4105. Registration

(a) A person who intends to engage in the practice of tattooing in this state shall register with the office of professional regulation and shall pay the required fee. Registration shall be in the form required by the director and shall include such information as the director may require concerning the location of the registrant's practice, the registrant's qualification, and the nature of the services offered.

(b) No shop shall operate in this state without first registering with the office of professional regulation and paying a fee of $100.00. Registration shall be in the form required by the director.

(1) No shop shall be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

(2) All shops shall have a designated registrant responsible for overall cleanliness and sanitation of the shop.

(3) The practice of tattooing shall be permitted only in registered shops. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1999, No. 52, § 40.)

§ 4108. Unprofessional conduct

(a) A registered tattooist or applicant shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:

(1) Using dishonest or misleading advertising.

(2) Addiction to narcotics, habitual drunkenness, or rendering professional services to a client if the tattooist is intoxicated or under the influence of drugs.

(3) Sexual harassment of a client.

(4) Tattooing a minor in violation of the provisions of section 4102 of this title.

(c) After hearing and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a registered tattooist or applicant. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 62.)

ACT NO. 52

(H.532)

Miscellaneous Provisions; "Office Bill"

This act makes substantive changes to the statutes governing professions attached to the office of professional regulation within the secretary of state's office. These changes affect eligibility and practice requirements for virtually all those professions. Among these changes are: increase in the level of regulation of marriage and family therapists from certified to licensed; requiring shop licenses for tattooists; and repeal of the provision sunsetting the naturopathic physician's practice act. In addition, this act amends the administrative procedures act to provide that an agency may not define unprofessional conduct by rule unless specifically authorized by law.

Effective Date: Varied, but most take effect on July 1, 1999.

* * * Tattooists * * *(H.532)

Sec. 38. 26 V.S.A. § 4101(6) is added to read:

(6) "Shop" means a facility regularly used to offer or perform the practice of tattooing.

Sec. 39. 26 V.S.A. § 4103(d) is added to read:

(d) The director may inspect shops used for the practice of tattooing. No fee shall be charged for initial inspections under this subsection; however, if the director determines that it is necessary to inspect the same premises under the same ownership more than once in any two-year period, a reinspection fee of $100.00 may be charged. The director may waive all or a part of the reinspection fee in accordance with criteria established by rule.

Sec. 40. 26 V.S.A. § 4105 is amended to read:

§ 4105. REGISTRATION

(a) A person who intends to engage in the practice of tattooing in this state shall register with the office of professional regulation and shall pay the required fee. Registration shall be in the form required by the director and shall include such information as the director may require concerning the location of the registrant's practice, the registrant's qualification, and the nature of the services offered.

(b) No shop shall operate in this state without first registering with the office of professional regulation and paying a fee of $100.00. Registration shall be in the form required by the director.

(1) No shop shall be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

(2) All shops shall have a designated registrant responsible for overall cleanliness and sanitation of the shop.

(3) The practice of tattooing shall be permitted only in registered shops.