HBA-JRA S.B. 61 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 61 By: Madla Public Health 3/23/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, Texas law regulating tattoo and ear piercing facilities does not apply to body piercing and those who perform body piercing. Body piercing may cause infection and spread communicable diseases. In 1998, the Texas Department of Health received 69 complaints regarding unsanitary conditions, inappropriate touching, and injuries in body piercing facilities. S.B. 61 requires those who perform body piercing to be licensed by the Texas Department of Health, prohibits the body piercing of persons younger than 18 without written parental consent, and requires regular inspections of body piercing facilities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Department of Health is modified in SECTION 10 (Section 146.010, Health and Safety Code) and that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 16 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading of Chapter 146, Health and Safety Code, as follows: CHAPTER 146. New heading: TATTOO AND CERTAIN BODY PIERCING STUDIOS SECTION 2. Amends Section 146.001, Health and Safety Code, to define "body piercing," "body piercing studio," and "ear piercing" and redefine "temporary location" to include body piercing. Redesignates existing Subdivisions (2)-(4) to (5)-(7). SECTION 3. Amends Chapter 146, Health and Safety Code, by amending Section 146.002 and adding Section 146.0025, as follows: Sec. 146.002. LICENSE REQUIRED. Prohibits a person from conducting, operating, or maintaining a body piercing studio without a license issued by the Texas Department of Health (TDH). Makes conforming changes. Sec. 146.0025. EXEMPTIONS FROM LICENSING REQUIREMENTS; EAR PIERCING ESTABLISHMENTS EXEMPT. Includes a person who performs only ear piercing or a facility in which only ear piercing is performed among those to whom this chapter does not apply. Provides that a person who conducts, operates, or maintains a medical facility licensed under other law, an office or clinic licensed by the Texas State Board of Medical Examiners, or a facility in which only ear piercing is performed is not required to obtain a license under this chapter to operate that facility. SECTION 4. Amends Sections 146.003(a) and (b), Health and Safety Code, to make conforming changes. SECTION 5. Amends Section 146.004, Health and Safety Code, to make conforming changes. SECTION 6. Amends Section 146.006(a), Health and Safety Code, to make conforming changes. SECTION 7. Amends Section 146.007, Health and Safety Code, to make conforming changes. SECTION 8. Amends Section 146.008, Health and Safety Code, to include body piercing among the activities to which aseptic techniques must be applied. SECTION 9. Amends Section 146.009, Health and Safety Code, to require a body piercing studio to be in a permanent, nonresidential building in an area permitted under local zoning codes, if any. SECTION 10. Amends Section 146.010, Health and Safety Code, to require the Texas Board of Health (board), by rule, to establish sanitation requirements and any other necessary requirements relating to a body piercing studio building. Requires a person who owns, operates, or maintains a body piercing studio to comply with the rules adopted under this section. SECTION 11. Amends Sections 146.011(a) and (b), Health and Safety Code, to make conforming changes. SECTION 12. Amends Chapter 146, Health and Safety Code, by adding Section 146.0125, as follows: Sec. 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL CONSENT; EXCEPTION. Prohibits a person from performing body piercing on a person younger than 18 without notarized written consent from a parent, managing conservator, or guardian of the individual indicating the part of the person's body to be pierced. Provides an exception for piercing of the earlobe. SECTION 13. Amends Section 146.013(a), Health and Safety Code, to require a person who performs body piercing to maintain a permanent record of each individual whose body is pierced by that person for a period established by the board. SECTION 14. Amends Section 146.014, Health and Safety Code, to require body piercing studios to report any resulting infection to the department as soon as it becomes known. SECTION 15. Amends Section 146.016, Health and Safety Code, to include body piercing studios among the businesses which must allow the department to conduct required inspections. SECTION 16. (a) Requires the Texas Board of Health to adopt rules to implement the change in law made by this Act by January 1, 2000. (b) Makes application of this Act prospective to January 1, 2000. Provides that a body piercing studio is not required to be licensed under Chapter 146, Health and Safety Code, as amended by this Act, before June 1, 2000. SECTION 17. Effective date: September 1, 1999, except as provided by SECTION 16(b) of this Act. SECTION 18. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 In SECTION 2, amends the definition of "body piercing" to exclude piercing the external part of an individual's ear. Deletes the definition of "ear piercing." Makes a conforming change.