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Date of enactment: June 27, 1996
1995 Assembly Bill 733 Date of
publication*: July 10, 1996
1995 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: regulation
of 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-fected
by 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
provide
uniform, 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
promulgate
all 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 733
too 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-tist
who 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
provide
uniform, 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
promulgate
all 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-tist
who 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’s
agent 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-ing
to 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-partment
designated 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’s
agent 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 733
shall collect from the local health department the actual
and reasonable cost of providing the services.
(5) If,
under this section, a local health department
becomes 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 ordinances
and 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-partment
to 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. 227
if, 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-ing
state 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 on
October 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:
421 DEPARTMENT OF HEALTH AND SOCIAL SERVICES HFS 173.04 Unofficial Text
(See Printed Volume). Current through date and Register shown on Title
Page. Chapter HFS 173 TATTOOING AND BODY PIERCING HFS 173.01 ...
http://www.legis.state.wi.us/rsb/code/hfs/hfs173.pdf -
size 25.1K
Tattoo
Facility Registration Contacts
For more information on this program, please contact the
staff listed below.
Division of Health -
Bureau of Public Health
Milwaukee/Southeastern
Regional Office
Environmental Sanitation
819 North 6th Street, Room 860
Milwaukee WI 53203-1697
FAX 414-227-2010 |
| Jim Balzer, PH Sanitarian |
414-227-5027 |
Ozaukee County - Belgium, Cedar
Grove, Cedarburg, Fredonia, Grafton, Mequon, Pt. Washington,
Random Lake, Saukville, Thiensville, Waubeka
Walwork County - Burlington, Genoa City, Fontana, Lake
Geneva, Lyons, Pell Lake, Sharon, Walworth, Williams Bay
|
Bertha
DeLaTorre,
PH Sanitarian |
414-227-5027 |
Washington County - Allenton,
Boltonville, Colgate, Fillmore, Germantown, Hartford, Hubertus,
Jackson, Kewaskum, Kohlsville, Newburg, Richfield, Rockfield,
Slinger, West Bend
Milwaukee County - Franklin, Oak Creek
|
| Jim Long, PH Sanitarian |
414-227-4104 |
Racine County - Burlington,
Caledonia, Franksville, Honey Creek, Kansasville, Racine City,
Rochester, Sturtevant, Union Grove, Waterford, Windlake
Milwaukee County - Cudahy, Greendale, St. Francis, South
Milwaukee, West Milwaukee
|
| Ken Walz, PH Sanitarian |
414-227-4104 |
Walworth County - Darien, Delavan,
East Troy, Elkhorn, Mukwanago, Whitewater
Milwaukee County - Bayside, Bayview, Brown Deer, Fox Point,
Glendale, Greenfield, Hales Corners, River Hills, Shorewood,
Whitefish Bay
|
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Division of Health -
Bureau of Public Health
Northern Regional Office
Regulation and Licensing Staff
1853 N. Stevens St.
Rhinelander, WI 54501
FAX (715)365-2705 |
| Terri
Timmers, Regional Director |
715-365-2703 |
|
| Laurie
Anderson, RS |
715-365-2712 |
Counties: Taylor, Sawyer |
| Matt
Dale, RS |
715-365-2706 |
Counties: Ashland, Bayfield, Iron |
| Jan
Gardner, RS |
715-365-2711 |
Counties: Oneida, Forest, Florence |
| Tammi
Giese, RS |
715-365-2717 |
Counties: Price, Lincoln, Langlade |
| Mark
Wallen, RS |
715-365-2713 |
Counties: Vilas |
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Division of Health -
Bureau of Public Health
Southern Regional Office
Environmental Sanitation
3518 Memorial Drive, Bldg. 4
Madison WI 53704-1196 |
| Karen
Brock, PH Sanitarian |
608-243-2359 |
Jefferson and Dodge Counties |
| Carol
Drury, PH Sanitarian |
608-243-2351 |
Crawford, Juneau and Vernon Counties |
| Doug
Klitzkie, PH Sanitarian |
608-243-2354 |
Grant and Richland Counties |
| Larry
Meitner, PH Sanitarian |
608-243-2355 |
Columbia and Adams Counties |
| Fred
Panke, PH Sanitarian |
608-243-2367 |
Iowa, Green and Lafayette Counties |
| Doug
Severson, PH Sanitarian |
608-243-2358 |
Sauk County |
Med 15.02 MEDICAL
EXAMINING BOARD
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 this
chapter 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-der
s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.
Med 15.02 Tattooing and body piercing. The
practice
of 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:
421 DEPARTMENT OF HEALTH AND SOCIAL SERVICES HFS 173.04 Unofficial Text
(See Printed Volume). Current through date and Register shown on Title
Page. Chapter HFS 173 TATTOOING AND BODY PIERCING HFS 173.01 Authority ...
http://www.legis.state.wi.us/rsb/code/hfs/hfs173.pdf -
size 25.1K
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