Safe body art.

Existing law, the Safe Body Art Act, regulates the performance of body art, as defined, and the permitting of body art facilities. Existing law defines "body art facility" as the specified building, section of a building, or vehicle in which a practitioner performs body art. Under existing law, performing body art without being registered, operating a body art facility without a health permit, or operating a temporary body art event without a permit is a misdemeanor. This bill would add to the definition of "body art facility" places where body art is demonstrated for the purpose of instruction. The bill would also prohibit the performance of body art at a place other than a permanent or temporary body art facility. This bill would also make it a misdemeanor to perform body art at an unpermitted location. By creating a new crime, this bill would impose a state-mandated local program. Existing law requires, prior to the performance of body art, a client to read, complete, and sign a questionnaire, which is considered confidential information, and an informed consent document containing specified information, including a statement regarding the permanent nature of body art. Existing law requires the body art facility to maintain the confidentiality of the information in the questionnaire and to shred the confidential medical information after 2 years. This bill would require any information gathered in the questionnaire that is personal medical information and that is subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) or similar state laws to be maintained or disposed of in compliance with those provisions. The bill would also require the informed consent document to include a notice that tattoo inks, dyes, and pigments have not been approved by the federal Food and Drug Administration and that the health consequences of using these products are unknown. Existing law requires a first-time registrant as a body art practitioner to provide documentation evidencing 6 months of related experience. This bill would remove this provision. Existing law establishes requirements for a body art facility to be granted a health permit and prohibits a facility from operating as a body art facility without that permit. A facility operating without a permit or other required licenses may be shut down by the local authority. Existing law specifies the requirements for a permitted body art facility, including floors, walls, and ceilings that are smooth, free of open holes, and washable. This bill would authorize a county to suspend or revoke the health permit of a body art facility if a person who does not possess a valid practitioner registration is allowed to perform body art. The bill would require a body art facility to notify the local enforcement agency within 30 days of the resignation, termination, or hiring of a body art practitioner. The bill would also make specified changes to the requirements for a body art facility, including that the floors and walls must be nonabsorbent, that the facility provide adequate toilet facilities, as specified, and that removal of sharps waste, as defined, be done in a specified manner. Existing law requires the sponsor of a temporary body art demonstration booth to ensure the availability of support facilities and supplies for body art practitioners and vendors, including providing an eye wash station. This bill would remove the requirement of an eye wash station at a temporary body art demonstration booth. The bill would require that the demonstration booth include at least 50 square feet for each practitioner and hand washing facilities, and would prohibit food and tobacco products in the demonstration booth. The bill would require the sponsor to submit a temporary facility permit application to the local enforcement authority within 30 days of the event, would prohibit a sponsor from allowing a person to perform body art at the event if the person does not have a valid body art practitioner registration, and would require the sponsor to ensure the availability of various facilities and supplies, including trash pickup, wastewater removal, and required forms and documents. Existing law requires a health permit for a practitioner who will be performing body art in a vehicle in a jurisdiction for more than 7 days in a 90-day period. This bill would instead prescribe requirements for mobile body art facilities, including that specified provisions of the Safe Body Art Act be met, that the mobile facility have certain amenities, and that all body art procedures be completed inside the mobile body art facility. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.