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Wisconsin State Law:

Date of enactment: June 27, 1996

1995 Assembly Bill 733 Date of publication*: July 10, 1996

1995 WISCONSIN ACT 468

AN 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:

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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).

SECTION 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

Return to Top

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

Return to Top

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