CHAPTER 7. Body Art [119300. - 119328.]

Chapter 7 repealed and added by Stats. 2011, Ch. 638, Sec. 2.

§§ 119300–119328 · 35 sections

1. ARTICLE 1. General Provisions §§ 119300–119301 · 2 sections

   • § 119300 (a) This chapter shall be known, and may be cited, as the Safe Body Art Act. (b) The purpose of this chapter is to provide minimum statewide standards for the…
   • § 119301 For purposes of this chapter, the following definitions shall apply: (a) “Antiseptic solution” means a liquid or semiliquid substance that is approved by the…
2. ARTICLE 2. Restrictions on the Performance of Body Art §§ 119302–119304 · 3 sections

   • § 119302 (a) Pursuant to Section 653 of the Penal Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics…
   • § 119303 (a) Prior to the performance of body art, the client shall read, complete, and sign an informed consent form that shall include, but not be limited to, all of…
   • § 119304 This chapter does not restrict the activities of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business…
3. ARTICLE 3. Practitioner Registration §§ 119306–119311 · 6 sections

   • § 119306 (a) A person shall not perform body art at any location other than a permitted permanent or temporary body art facility. (b) A person shall not perform body…
   • § 119307 (a) Prior to registering with the local enforcement agency, a practitioner shall complete a Bloodborne Pathogens Exposure Control Training program that is…
   • § 119308 (a) Before performing body art, the practitioner shall do all of the following: (1) Wash and dry his or her hands consistent with sound hygienic practices. (2)…
   • § 119309 (a) The practitioner shall maintain a clean and sanitary environment. (b) All solid surfaces and objects in the procedure area and the decontamination and…
   • § 119310 (a) Jewelry placed in newly pierced skin shall be sterilized prior to piercing as specified in Section 119315 or shall be purchased presterilized. Sterile…
   • § 119311 (a) A product applied to the skin prior to tattooing or application of permanent cosmetics, including, but not limited to, stencils and marking and transfer…
4. ARTICLE 4. Permanent Body Art Facilities §§ 119312–119315 · 4 sections

   • § 119312 (a) A body art facility shall not conduct business without a valid health permit. (b) No body art facility shall allow a practitioner who does not possess a…
   • § 119313 (a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan, provided by the owner or established by the practitioners,…
   • § 119314 (a) With the exception of a temporary demonstration booth, as specified in Sections 119317 and 119318, a body art facility shall comply with all of the…
   • § 119315 A body art facility shall conform to the following sterilization procedures: (a) Clean instruments to be sterilized shall first be sealed in sterilization…
5. ARTICLE 4.5. Mobile Body Art Facilities §§ 119316–119316.5 · 6 sections

   • § 119316 (a) A mobile body art facility shall meet all the applicable requirements in Article 1 (commencing with Section 119300) to Article 4 (commencing with Section…
   • § 119316.1 A mobile body art facility shall have all of the following: (a) A fixed hand wash sink in the procedure area for the exclusive use of the practitioner that…
   • § 119316.2 (a) All body art procedures shall be completed inside the mobile body art facility. (b) The mobile body art facility’s doors and windows shall remain closed…
   • § 119316.3 A mobile body art facility shall use only purchased disposable, single-use, presterilized instruments.
   • § 119316.4 A mobile body art facility shall only be operated within 200 feet of an accessible restroom.
   • § 119316.5 A mobile body art facility shall be used exclusively for performing body art and shall not be used as a living space or residence.
6. ARTICLE 5. Temporary Body Art Facilities §§ 119317–119318 · 3 sections

   • § 119317 A practitioner may, in the local jurisdiction of registration, practice in a temporary demonstration booth for no more than seven days in a 90-day period. The…
   • § 119317.5 A local enforcement agency may establish a fee not to exceed the amount necessary, but that is sufficient to cover, the actual costs of the administration of…
   • § 119318 (a) The sponsor of a temporary body art event shall obtain all necessary permits to conduct business in the jurisdiction where the event will be held. The…
7. ARTICLE 6. Enforcement §§ 119319–119324.5 · 7 sections

   • § 119319 (a) An enforcement officer may enter a body art facility during the facility’s hours of operation and other reasonable times to do any of the following: (1)…
   • § 119320 (a) A certificate of registration or a health permit may be suspended by a local enforcement agency for a violation of this chapter. (b) A body art facility or…
   • § 119321 If an imminent health hazard is found, the enforcement officer may suspend a registration temporarily and order the practitioner to cease operation if the…
   • § 119322 The local enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a certificate of registration or a health permit for…
   • § 119323 Performing body art without being registered, performing body art at an unpermitted location, operating a body art facility without a health permit, or…
   • § 119324 A city, county, or city and county may adopt regulations or ordinances that do not conflict with, or are more stringent than, the provisions of this chapter as…
   • § 119324.5 The local fees imposed pursuant to this chapter shall not exceed the reasonable costs to a local government for issuing licenses and permits, performing…
8. ARTICLE 7. Mechanical Stud and Clasp Ear Piercing §§ 119325–119328 · 4 sections

   • § 119325 (a) The piercing of the ear with a mechanical stud and clasp device does not constitute body art or body piercing as defined in this chapter. It is the intent…
   • § 119326 (a) The local enforcement agency may require a facility that provides mechanical stud and clasp ear piercing services to submit a notification form, which…
   • § 119327 (a) A person piercing an ear with a mechanical stud and clasp piercing device shall meet the following requirements before providing mechanical stud and clasp…
   • § 119328 (a) A local enforcement agency may charge a one-time facility notification fee in an amount between twenty-five dollars ($25) and forty-five dollars ($45) for…