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Date of enactment: June 27, 19961995 Assembly Bill 733 Date of publication*: July 10, 19961995 WISCONSIN ACT 468 A N ACT to amend 20.435 (1) (gm); and to create 252.23, 252.24 and 252.245 of the statutes; relating to: regulationof tattooing and tattoo establishments and body piercing and body–piercing establishments by the department of health and family services or by local health departments, granting rule–making authority and making an appropriation. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: S ECTION 1. 20.435 (1) (gm) of the statutes, as af-fectedby 1995 Wisconsin Act 27, section 816m, is amended to read: 20.435 (1) (gm) Licensing, review and certifying ac-tivities.The amounts in the schedule for the purposes specified in ss. 50.135, 50.49 (2) (b), 146.50 (8), 250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89 and 255.08 (2), subch. IV of ch. 50 and ch. 150. All mo-neys received under ss. 50.135, 50.49 (2) (b), 50.93 (1) (c), 146.50 (8) (d), 150.13, 250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39, 254.47, 254.61 to 254.89 and 255.08 (2) (b) shall be credited to this appropriation. S ECTION 2. 252.23 of the statutes is created to read:252.23 Regulation of tattooists. (1) DEFINITIONS.In this section: (a) "Tattoo" has the meaning given in s. 948.70 (1) (b). (b) "Tattoo establishment" means the premises where a tattooist performs tattoos. (c) "Tattooist" means a person who tattoos another. (2) DEPARTMENT; DUTY. The department shall provideuniform, statewide licensing and regulation of tattooists and uniform, statewide licensing and regulation of tattoo establishments under this section. The department shall inspect a tattoo establishment once before issuing a li-cense for the tattoo establishment under this section and may make additional inspections that the department de-termines are necessary. (3) LICENSE REQUIRED. Except as provided in sub. (5),no person may tattoo or attempt to tattoo another, desig-nate or represent himself or herself as a tattooist or use or assume the title "tattooist" and no tattoo establishment may be operated unless the person and the establishment are licensed by the department under this section or by a local health department that is designated as the depart-ment’s agent under s. 252.245. (4) RULE MAKING. The department shall promulgateall of the following as rules: (a) Standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo estab-lishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this sec-tion. (b) Standards for the performance of tattoos by a li-censed tattooist and for the maintenance of a licensed tat- *Section 991.11, WISCONSIN STATUTES 1993–94: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment]. – 2 – 1995 Assembly Bill 733too establishment, which will promote safe and adequate care and treatment for individuals who receive tattoos and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection. (5) EXCEPTION. This section does not apply to a den-tistwho is licensed under s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person in the course of the dentist’s or physician’s professional practice. S ECTION 2m. 252.24 of the statutes is created to read:252.24 Regulation of body piercing and body– piercing establishments. (1) DEFINITIONS. In this sec-tion:(a) "Body piercer" means a person who performs body piercing on another. (b) "Body piercing" means perforating any human body part or human tissue, except an ear, and placing a foreign object in the perforation in order to prevent the perforation from closing. (c) "Body–piercing establishment" means the prem-ises where a body piercer performs body piercing. (2) DEPARTMENT; DUTY. The department shall provideuniform, statewide licensing and regulation of body pier-cers and uniform, statewide licensing and regulation of body–piercing establishments under this section. The department shall inspect a body–piercing establishment once before issuing a license for the body–piercing estab-lishment under this section and may make additional in-spections that the department determines are necessary. (3) LICENSE REQUIRED. Except as provided in sub. (5),no person may pierce the body of or attempt to pierce the body of another, designate or represent himself or herself as a body piercer or use or assume the title "body piercer" unless the person is licensed under this section. (4) RULE MAKING. The department shall promulgateall of the following as rules: (a) Standards and procedures, including fee payment to offset the cost of licensing body piercers and body– piercing establishments, for the annual issuance of li-censes as body piercers or as body–piercing establish-ments to applicants under this section. (b) Standards for the performance of body piercing by a licensed body piercer and for the maintenance of a licensed body–piercing establishment, which will pro-mote safe and adequate care and treatment for individuals who receive body piercing and eliminate or greatly re-duce the danger of exposure by these individuals to com-municable disease or infection. (5) EXCEPTION. This section does not apply to a den-tistwho is licensed under s. 447.03 (1) or to a physician who pierces the body of or offers to pierce the body of a person in the course of the dentist’s or physician’s profes-sional practice. S ECTION 2r. 252.245 of the statutes is created to read:252.245 Agent status for local health depart-ments. (1) In the administration and enforcement of ss.252.23 and 252.24, the department may enter into a writ- ten agreement with a local health department with a juris-dictional area that has a population greater than 5,000, which designates the local health department as the de-partment’s agent in issuing licenses to and making inves-tigations or inspections of tattooists and tattoo establish-ments and body piercers and body–piercing establishments. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue licenses, collect license fees established by rule under ss. 252.23 (4) (a) and 252.24 (4) (a) and make investigations or inspections of tattooists and tattoo establishments and body piercers and body–piercing establishments. If the department desig-nates a local health department as its agent, the depart-ment or local health department may require no license for the same operations other than the license issued by the local health department under this subsection. If the designation is made and the services are furnished, the department shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area. (2) A local health department designated as the de-partment’sagent under this section shall meet standards promulgated under ss. 252.23 (4) (a) and 252.24 (4) (a). The department shall annually evaluate the licensing, in-vestigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department’s agent fails to meet the standards, the department of health and family services may revoke its agent status. (3) The department shall provide education and train-ingto agents designated under this section to ensure uni-formity in the enforcement of s. 252.23 or 252.24 and rules promulgated under s. 252.23 or 252.24 (4) Except as provided in sub. (4m), a local health de-partmentdesignated as the department’s agent under this section shall establish and collect the license fee for each tattooist or tattoo establishment and for each body piercer or body–piercing establishment. The local health depart-ment may establish separate fees for preinspections of new tattoo or body–piercing establishments, for prein-spections of existing establishments for which a person intends to be the new operator or for the issuance of dupli-cate licenses. No fee may exceed the local health depart-ment’s reasonable costs of issuing licenses to, making in-vestigations and inspections of, and providing education, training and technical assistance to the tattooists and tat-too establishments or body piercers and body–piercing establishments, plus the state fee established under sub. (9). (4m) A local health department designated as the de-partment’sagent under this section may contract with the department of health and family services for the depart-ment of health and family services to collect fees and is-sue licenses under s. 252.23 or 252.24. The department – 3 – 1995 Assembly Bill 733shall collect from the local health department the actual and reasonable cost of providing the services. (5) If, under this section, a local health departmentbecomes an agent or its agent status is discontinued dur-ing a licensee’s license year, the department of health and family services and the local health department shall di-vide any license fee paid by the licensee for that license year according to the proportions of the license year oc-curring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status. (6) A village, city or county may enact ordinancesand a local board of health may adopt regulations regard-ing the licensees and premises for which the local health department is the designated agent under this section, which are stricter than s. 252.23 or 252.24 or rules pro-mulgated by the department of health and family services under s. 252.23 or 252.24. No such provision may con-flict with s. 252.23 or 252.24 or with department rules. (7) This section does not limit the authority of the de-partmentto inspect establishments in jurisdictional areas of local health departments that are designated as agents if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health depart-ment’s licensing, inspection and enforcement program or at the request of the local health department. (8) The department shall hold a hearing under ch. 227if, in lieu of proceeding under ch. 68, any interested per- son in the jurisdictional area of a local health department that is designated as the department’s agent under this section appeals to the department of health and family services alleging that a license fee for a tattooist or tattoo-ist establishment or for a body piercer or body–piercing establishment exceeds the license issuer’s reasonable costs of issuing licenses to, making investigations and in-spections of, and providing education, training and tech-nical assistance to the tattooist or tattooist establishment or to the body piercer or body–piercing establishment. (9) The department shall promulgate rules establish-ingstate fees for its costs related to setting standards un-der ss. 252.23 and 252.24 and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health de-partments shall include the state fees in the license fees established under sub. (4), collect the state fees and reim-burse the department for the state fees collected. For tat-tooists or tattoo establishments and for body piercers or body–piercing establishments, the state fee may not ex-ceed 20% of the license fees established under s. 252.23 (4) (a) or 252.24 (4) (a). S ECTION 3.(0) Effective dates. This act takes effect onOctober 1, 1996, except as follows: (1) The treatment of sections 252.23 (4), 252.24 (4) and 252.245 (9) of the statutes takes effect on the day after publication. Document: Tattoo Facility Registration ContactsFor more information on this program, please contact the staff listed below.
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page. Chapter Med 15 PRACTICE OF MEDICINE AND SURGERY DEFINED: EXCLUSION OF TATTOOING AND BODY PIERCING Med 15.01 Authority and purpose. Med 15.02 Tattooing and body piercing. Med 15.01 Authority and purpose. The rules in thischapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 and 448.40, Stats., and further define the practice of medicine and surgery. History: Cr. Register, October, 1977, No. 262, eff. 11–1–77; correction made un-ders. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401. Med 15.02 Tattooing and body piercing. The practiceof medicine and surgery is further defined not to include tattooing and body piercing when done for purposes of bodily adornment. History: Cr. Register, October, 1977, No. 262, eff. 11–1–77; am. Register, Au-gust,1996, No. 488, eff. 9–1–96. Document: |
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