Maryland
Body Art Sterilization Guidelines
.03 Prohibitions.
The
following activities are prohibited in any full service or limited practice salon
or in regard to any salon-sponsored services:
A. The performance
of services of any kind on a client who has an infectious or contagious disease
that presents a hazard to others;
B. The performance of services
of any kind by a licensee or registrant who has an infectious or contagious disease
that presents a hazard to clients:
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.
