Michigan
Body Art Sterilization Guidelines
333.13102
Tattooing, branding, or body piercing of minors; written informed consent of parent
or legal guardian; persons under influence of intoxicating liquor or controlled
substance.
Sec. 13102. (1) An individual shall not tattoo,
brand, or perform body-piercing on a minor unless the individual obtains the prior
written informed consent of the minor's parent or legal guardian. The minor's
parent or legal guardian shall execute the written, informed consent required
under this subsection in the presence of the individual performing the tattooing,
branding, or body-piercing on the minor or in the presence of an employee or agent
of that individual. For purposes of this section, "minor" does not include
a minor who is emancipated pursuant to section 4 of Act No. 293 of the Public
Acts of 1968, being section 722.4 of the Michigan Compiled Laws.
(2)
An individual shall not tattoo, brand, or perform body-piercing on another individual
if the other individual is
under the influence of intoxicating liquor or a
controlled substance.
April 13, 1999,
Introduced by Reps. Hale, Prusi, Bogardus, LaForge, Schermesser, Brewer, Minore,
Daniels, Jamnick, Hansen, Lemmons, Clark, Hardman, Thomas, DeHart, Quarles, Rison,
Kelly, Neumann, Gieleghem, Pestka, Stallworth, Rivet, Pappageorge, Godchaux, Green,
Law, Tabor, Julian, Patterson, Richardville, Sanborn, Scott, Byl and Scranton
and referred to the Committee on Regulatory Reform.
A
bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 13101 and 13102 (MCL 333.13101 and
333.13102),
as added by 1996 PA 223, and by adding sections
13104, 13105,
13106, 13107, 13108, 13109, and 13110.
THE PEOPLE OF THE
STATE OF MICHIGAN ENACT:
1 Sec. 13101. As used in this part:
2 (A) "ALCOHOLIC LIQUOR" MEANS THAT TERM AS DEFINED
IN
3 SECTION 105 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998,
1998
4 PA 58, MCL 436.1105.
5 (B) (a)
"Body-piercing" means the perforation of human
6
tissue other than an ear for a nonmedical purpose.
7 (C) (b)
"Branding" means a permanent mark made on human
8
tissue by burning with a hot iron or other instrument.
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CPD
1 (D) "COMMUNICABLE DISEASE" MEANS THAT TERM
AS DEFINED IN
2 SECTION 5101.
3 (E) (c)
"Controlled substance" means that term as defined
4
in section 7104.
5 (F) "DEPARTMENT" MEANS THE DEPARTMENT
OF CONSUMER AND INDUS-
6 TRY SERVICES.
7
(G) (d) "Minor" means an individual under 18 years of age
8
who is not emancipated under section 4 of Act No. 293 of the
9
Public Acts of 1968, being section 722.4 of the Michigan Compiled
10
Laws 1968 PA 293, MCL 722.4.
11 (H) "SMOKING" MEANS
THAT TERM AS DEFINED IN SECTION 12601.
12 (I) (e) "Tattoo"
means 1 or more of the following:
13 (i) An indelible mark
made upon the body of another individ-
14 ual by the insertion
of a pigment under the skin.
15 (ii) An indelible design made
upon the body of another indi-
16 vidual by production of
scars other than by branding.
17 (J) "TATTOO FACILITY"
MEANS THE GEOGRAPHIC LOCATION AT WHICH
18 AN INDIVIDUAL DOES
1 OR MORE OF THE FOLLOWING FOR COMPENSATION:
19 (i) PERFORMS
TATTOOING.
20 (ii) PERFORMS BRANDING.
21
(iii) PERFORMS BODY-PIERCING.
22 Sec. 13102. (1) An SUBJECT
TO SECTION 13104, AN individ-
23 ual shall not tattoo, brand,
or perform body-piercing on a minor
24 unless the individual
obtains the prior written informed consent
25 of the minor's
parent or legal guardian. The minor's parent or
26 legal guardian
shall execute the written, informed consent
27 required under
this subsection in the presence of the individual
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3
1 performing the tattooing, branding, or body-piercing on
the minor
2 or in the presence of an employee or agent of
that individual.
3 For purposes of this section, "minor"
does not include a minor
4 who is emancipated pursuant to
section 4 of Act No. 293 of the
5 Public Acts of 1968, being
section 722.4 of the Michigan Compiled
6 Laws.
7
(2) An individual shall not tattoo, brand, or perform
8 body-piercing
on another individual if the other individual is
9 under the
influence of intoxicating ALCOHOLIC liquor or a con-
10 trolled
substance.
11 SEC. 13104. (1) AFTER THE EFFECTIVE DATE OF
THE RULES
12 PROMULGATED UNDER SECTION 13108, AN INDIVIDUAL
SHALL NOT TATTOO,
13 BRAND, OR PERFORM BODY-PIERCING ON ANOTHER
INDIVIDUAL UNLESS THE
14 TATTOOING, BRANDING, OR BODY-PIERCING
OCCURS AT A TATTOO FACILITY
15 LICENSED UNDER THIS PART.
16
(2) THE OWNER OR OPERATOR OF A TATTOO FACILITY MAY APPLY TO
17
THE DEPARTMENT FOR A TATTOO FACILITY LICENSE UNDER THIS PART ON A
18
FORM PROVIDED BY THE DEPARTMENT, AND AT THE TIME OF APPLICATION
19
SHALL PAY TO THE DEPARTMENT THE APPROPRIATE FEE PRESCRIBED UNDER
20
SUBSECTION (3). IF THE DEPARTMENT DETERMINES THAT THE APPLICA-
21
TION IS COMPLETE AND THE TATTOO FACILITY PROPOSED OR OPERATED BY
22
THE APPLICANT MEETS THE REQUIREMENTS OF THIS PART AND THE RULES
23
PROMULGATED UNDER THIS PART, THE DEPARTMENT SHALL ISSUE A LICENSE
24
TO THE APPLICANT FOR THE OPERATION OF THAT TATTOO FACILITY. THE
25
LICENSE IS EFFECTIVE FOR 1 YEAR OR FOR A TIME PERIOD PRESCRIBED
26
BY RULE OF THE DEPARTMENT.
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1 (3) SUBJECT TO SECTION 13108, THE OWNER OR OPERATOR OF A
2 TATTOO FACILITY SHALL PAY 1 OF THE FOLLOWING FEES AT THE
TIME OF
3 APPLICATION FOR A TATTOO FACILITY LICENSE:
4
(A) FOR AN INITIAL ANNUAL LICENSE...................$250.00.
5
(B) FOR A 1-YEAR, OR OTHER PERIOD OF TIME PRESCRIBED
6 BY
RULE PROMULGATED BY THE DEPARTMENT UNDER
7 SECTION 13108,
RENEWAL OF AN ANNUAL LICENSE..............$200.00.
8 (C) FOR
A TEMPORARY LICENSE TO OPERATE A TATTOO
9 FACILITY AT A FIXED
LOCATION FOR NOT MORE THAN A 2-WEEK
10 PERIOD...................................................$
50.00.
11 SEC. 13105. (1) BEFORE ISSUING A LICENSE TO AN APPLICANT
12 UNDER THIS PART, THE DEPARTMENT SHALL INSPECT THE PREMISES
OF THE
13 TATTOO FACILITY THAT IS THE SUBJECT OF THE APPLICATION.
14 (2) THE DEPARTMENT SHALL PERIODICALLY INSPECT EACH TATTOO
15 FACILITY LICENSED UNDER THIS PART TO ENSURE COMPLIANCE
WITH THIS
16 PART. THE DEPARTMENT MAY AUTHORIZE A LOCAL HEALTH
DEPARTMENT
17 UNDER SECTION 2235 TO PERFORM THE INSPECTIONS
REQUIRED UNDER THIS
18 SUBSECTION.
19
(3) THE DEPARTMENT SHALL ISSUE A LICENSE UNDER THIS PART TO
20
A SPECIFIC PERSON FOR A TATTOO FACILITY AT A SPECIFIC LOCATION.
21
A LICENSE ISSUED UNDER THIS PART IS NONTRANSFERABLE.
22 SEC.
13106. THE OWNER OR OPERATOR OF A TATTOO FACILITY
23 LICENSED
UNDER THIS PART SHALL APPLY TO THE DEPARTMENT FOR
24 RENEWAL
OF THE LICENSE NOT LESS THAN 30 DAYS BEFORE THE LICENSE
25
EXPIRES. UPON PAYMENT OF THE RENEWAL FEE PRESCRIBED BY SECTION
26
13104(3), THE DEPARTMENT SHALL RENEW THE LICENSE IF THE APPLICANT
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1 IS IN COMPLIANCE WITH THIS PART AND RULES PROMULGATED
UNDER THIS
2 PART.
3 SEC. 13107. A PERSON
WHO OWNS OR OPERATES A TATTOO FACILITY
4 LICENSED UNDER THIS
PART SHALL DO EACH OF THE FOLLOWING:
5 (A) DISPLAY THE LICENSE
ISSUED UNDER THIS PART IN A CONSPIC-
6 UOUS PLACE WITHIN THE
CUSTOMER SERVICE AREA OF THE TATTOO
7 FACILITY.
8
(B) ENSURE THAT THE TATTOO FACILITY IS IN COMPLIANCE WITH
9
PART 138 AND WITH RULES PROMULGATED UNDER THAT PART.
10 (C)
ENSURE THAT AN INDIVIDUAL ENGAGED IN TATTOOING IN THE
11 TATTOO
FACILITY WEARS DISPOSABLE GLOVES APPROVED BY THE DEPART-
12
MENT WHEN TATTOOING OR CLEANING TATTOOING INSTRUMENTS AND WHEN
13
PERFORMING BRANDING OR BODY-PIERCING OR CLEANING BRANDING OR
14
BODY-PIERCING INSTRUMENTS.
15 (D) MAINTAIN A PERMANENT RECORD
OF EACH INDIVIDUAL WHO HAS
16 BEEN TATTOOED OR BRANDED OR
WHO HAS HAD BODY-PIERCING PERFORMED
17 AT THE TATTOO FACILITY,
AND MAKE THE RECORDS AVAILABLE FOR
18 INSPECTION BY THE DEPARTMENT
OR A LOCAL HEALTH DEPARTMENT. THE
19 RECORD SHALL INCLUDE,
AT A MINIMUM, THE INDIVIDUAL'S NAME,
20 ADDRESS, AGE, AND
SIGNATURE, THE DATE, THE DESIGN AND LOCATION OF
21 THE TATTOOING,
BRANDING, OR BODY-PIERCING, AND THE NAME OF THE
22 INDIVIDUAL
PERFORMING THE TATTOOING, BRANDING, OR BODY-PIERCING.
23 (E)
PROHIBIT SMOKING WITHIN THE TATTOO FACILITY.
24 (F) COMPLY
WITH SECTION 13102(2).
25 (G) PROVIDE EACH CUSTOMER WITH A
WRITTEN INFORMATION SHEET
26 DISTRIBUTED OR APPROVED BY THE
DEPARTMENT THAT PROVIDES
27 INSTRUCTIONS ON THE CARE OF A
TATTOO SITE, BRAND SITE, OR
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1 BODY-PIERCING SITE, AND THAT INCLUDES A RECOMMENDATION THAT
AN
2 INDIVIDUAL SEEK MEDICAL ATTENTION IF THE TATTOO SITE,
BRAND SITE,
3 OR BODY-PIERCING SITE BECOMES INFECTED OR PAINFUL,
OR IF THE
4 PERSON DEVELOPS A FEVER SOON AFTER BEING TATTOOED,
BRANDED, OR
5 HAVING BODY-PIERCING PERFORMED.
6
(H) WITHIN 24 HOURS OF BECOMING AWARE THAT AN INDIVIDUAL
7
TATTOOED, BRANDED, OR BODY-PIERCED AT THE TATTOO FACILITY IS
8
INFECTED WITH A COMMUNICABLE DISEASE, NOTIFY THE DEPARTMENT.
9
SEC. 13108. (1) THE DEPARTMENT SHALL DO EACH OF THE
10 FOLLOWING:
11 (A) ENFORCE THIS PART AND THE RULES PROMULGATED UNDER THIS
12 PART.
13 (B) PROMULGATE RULES NECESSARY
TO IMPLEMENT THIS PART,
14 INCLUDING, BUT NOT LIMITED TO,
RULES GOVERNING EACH OF THE
15 FOLLOWING:
16
(i) TATTOO FACILITY DESIGN AND CONSTRUCTION.
17 (ii) TATTOO,
BRANDING, AND BODY-PIERCING EQUIPMENT STAN-
18 DARDS, INCLUDING,
BUT NOT LIMITED TO, CLEANING AND STERILIZATION
19 REQUIREMENTS.
20 (iii) TATTOO DYE STANDARDS.
21 (iv)
INSPECTION OF TATTOO FACILITIES.
22 (v) TATTOO FACILITY LICENSE
RENEWAL.
23 (C) DEVELOP AND DISTRIBUTE THE INFORMATION SHEET
DESCRIBED
24 IN SECTION 13107(G), OR APPROVE INFORMATION SHEETS
DEVELOPED BY
25 ANOTHER ENTITY.
26 (2)
THE DEPARTMENT MAY DO EACH OF THE FOLLOWING:
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1 (A) APPOINT AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT
2 IN RULE DEVELOPMENT UNDER THIS PART.
3
(B) AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, SUSPEND,
4
REVOKE, OR DENY A LICENSE OR LICENSE RENEWAL UNDER THIS PART FOR
5
A VIOLATION OF THIS PART OR A RULE PROMULGATED UNDER THIS PART.
6
(3) IN ADDITION TO ANY OTHER ENFORCEMENT ACTION AUTHORIZED
7
BY LAW, A PERSON ALLEGING A VIOLATION OF THIS PART MAY BRING A
8
CIVIL ACTION FOR APPROPRIATE INJUNCTIVE RELIEF.
9 SEC. 13109.
EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 13103
10 AND 13110,
A PERSON WHO VIOLATES THIS PART OR A RULE PROMULGATED
11 UNDER
THIS PART IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRIS-
12
ONMENT FOR NOT MORE THAN 90 DAYS, OR A FINE OF NOT MORE THAN
13
$100.00, OR BOTH, FOR EACH VIOLATION.
14 SEC. 13110. A PERSON
SHALL NOT GIVE OR SELL TO A MINOR A
15 BODY-PIERCING KIT OR
OTHER BODY-PIERCING DEVICE. A PERSON WHO
16 VIOLATES THIS
SECTION IS RESPONSIBLE FOR A STATE CIVIL INFRAC-
17 TION,
AND IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $500.00.
18
THIS SECTION SHALL BE ENFORCED PURSUANT TO CHAPTER 88 OF THE
19
REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.8801 TO
20
600.8855.
