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| Public Act 099-0117 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Tattoo and Body Piercing Establishment | ||||
Registration Act is amended by changing Sections 10, 15, 25, | ||||
35, 40, and 80 as follows: | ||||
(410 ILCS 54/10)
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Sec. 10. Definitions. In this Act:
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"Aseptic technique" means a practice that prevents and | ||||
hinders the transmission of disease-producing microorganisms | ||||
from one person or place to another. | ||||
"Body piercing" means penetrating the skin to make a hole, | ||||
mark, or scar that is generally permanent in nature.
"Body | ||||
piercing" does not include practices that are considered | ||||
medical procedures or the puncturing of the outer perimeter or | ||||
lobe of the ear using a pre-sterilized, single-use stud and | ||||
clasp ear piercing system. | ||||
"Client" means the person, customer, or patron whose skin | ||||
will be tattooed or pierced.
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"Communicable disease" means a disease that can be | ||||
transmitted from person to person directly or indirectly, | ||||
including diseases transmitted via blood or body fluids. | ||||
"Department" means the Department of Public Health or other | ||||
health authority designated as its agent. | ||
"Director" means the Director of Public Health or his or | ||
her designee. | ||
"Establishment" means a body-piercing operation, a | ||
tattooing operation, or a
combination of both operations in a | ||
multiple-type establishment. | ||
"Ink cup" means a small container for an individual portion | ||
of pigment that may be installed in a holder or palette and in | ||
which a small amount of pigment of a given color is placed.
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"Multi-type establishment" means an operation encompassing | ||
both body piercing and tattooing on the same premises and under | ||
the same management.
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"Person" means any individual, group of individuals, | ||
association, trust, partnership, corporation, or limited | ||
liability company. | ||
"Procedure area" means the immediate area where | ||
instruments and supplies are placed during a procedure. | ||
"Operator" means an individual, partnership, corporation, | ||
association, or other entity engaged in the business of owning, | ||
managing, or offering services of body piercing or tattooing.
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"Sanitation" means the effective bactericidal and | ||
veridical treatment of clean equipment surfaces by a process | ||
that effectively destroys pathogens. | ||
"Single use" means items that are intended for one time and | ||
one person use only and are to then be discarded. | ||
"Sterilize" means to destroy all living organisms | ||
including spores. | ||
"Tattooing" means making permanent marks on the skin of a | ||
live human being by puncturing the skin and inserting indelible | ||
colors. "Tattooing" includes imparting permanent makeup on the | ||
skin, such as permanent lip coloring and permanent eyeliner. | ||
"Tattooing" does not include any of the following: | ||
(1) The practice of electrology as defined in the | ||
Electrology Licensing Act. | ||
(2) The practice of acupuncture as defined in the | ||
Acupuncture Licensing Act. | ||
(3) The use, by a physician licensed to practice | ||
medicine in all its branches, of colors, dyes, or pigments | ||
for the purpose of obscuring scar tissue or imparting color | ||
to the skin for cosmetic, medical, or figurative purposes.
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(Source: P.A. 94-1040, eff. 7-1-07.) | ||
(410 ILCS 54/15)
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Sec. 15. Registration required. | ||
(a) A certificate of registration issued by the Department | ||
shall be required prior to the operation of any establishment | ||
or multi-type establishment. The operator owner of the facility | ||
shall file an application for a certificate of registration | ||
with the Department that shall be accompanied by the requisite | ||
fee, as determined by the Department, and include all of the | ||
following information: | ||
(1) The applicant's (operator) (owner) name, address, | ||
telephone number, and age.
In order to qualify for a | ||
certificate of registration under this Act, an applicant | ||
must be at least 18 years of age. | ||
(2) The name, address, and phone number of the | ||
establishment. | ||
(3) The type and year of manufacture of the equipment | ||
proposed to be used for tattooing or body piercing. | ||
(4) The sterilization and operation procedures to be | ||
used by the establishment. | ||
(5) Any other information required by the Department. | ||
(b) If the operator owner owns or operates more than one | ||
establishment, the operator owner shall file a separate | ||
application for each facility owned or operated.
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(Source: P.A. 94-1040, eff. 7-1-07.) | ||
(410 ILCS 54/25)
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Sec. 25. Operating requirements. All establishments | ||
registered under this Act must comply with the following | ||
requirements: | ||
(1) The operator of an An establishment must ensure | ||
that all body piercing and tattooing procedures are | ||
performed in a clean and sanitary environment that is | ||
consistent with sanitation techniques established by the | ||
Department. | ||
(2) The operator of an An establishment must ensure | ||
that all body piercing and tattooing procedures are | ||
performed in a manner that is consistent with an aseptic | ||
technique established by the Department. | ||
(3) The operator of an An establishment must ensure | ||
that all equipment and instruments used in body piercing | ||
and tattooing procedures are either single use and | ||
pre-packaged instruments or in compliance with | ||
sterilization techniques established by the Department. | ||
(4) The operator of an An establishment must ensure | ||
that single use ink is used in all tattooing procedures.
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(Source: P.A. 94-1040, eff. 7-1-07.) | ||
(410 ILCS 54/35)
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Sec. 35. Expiration and renewal of registration; display.
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(a) A certificate of registration issued under this Act | ||
shall expire and may be renewed annually. The Department may | ||
assess a late fee if the renewal application and renewal fee | ||
are not submitted on or before the registration expiration | ||
date. The Department shall by rule determine the amount of the | ||
fee assessed under this subsection (a). | ||
(b) Registration is valid for a single location and only | ||
for the operator named on the certificate. Registration is not | ||
transferable. | ||
(c) The certificate of registration issued by the | ||
Department shall be conspicuously displayed within the sight of | ||
clients upon entering the establishment.
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(Source: P.A. 94-1040, eff. 7-1-07.) | ||
(410 ILCS 54/40)
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Sec. 40. Change of operator ownership.
In the event of a | ||
change of operator ownership, the new operator owner must apply | ||
for a certificate of registration prior to taking possession of | ||
the property. A provisional certificate of registration may be | ||
issued by the Department until an initial inspection for a | ||
certificate of registration can be performed by the Department | ||
or its designee.
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(Source: P.A. 94-1040, eff. 7-1-07.) | ||
(410 ILCS 54/80)
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Sec. 80. Penalties; fines. The Department is authorized to | ||
establish
and assess penalties or fines against any person who | ||
violates this Act or rules adopted a registrant for violations | ||
of
this Act or regulations adopted under this Act. In no | ||
circumstance will
any penalties or fines exceed $1,000 per day | ||
for each day the registrant
remains in violation continues.
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(Source: P.A. 94-1040, eff. 7-1-07.)
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