Maryland Tattoo Laws

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Maryland Tattoo Laws

AN ACT concerning
Licensing and Regulation of Tattoo Artists and Body Piercing Artists FOR the purpose of establishing a State Board of Tattoo Artists and Body Piercing Artists in the Department of Health and Mental Hygiene; providing for the composition, powers, and duties of the Board and for the appointment, removal, qualifications, and terms of the members of the Board; specifying the initial terms of the members of the Board; establishing the State Board of Tattoo Artists and Body Piercing Artists Fund; providing for the nature, purpose, administration, and oversight of the Fund; providing a certain immunity for certain persons who provide information to the State Board of Tattoo Artists and Body Piercing Artists or who otherwise participate in the Board's activities; requiring the Board to adopt certain regulations; requiring the licensure as a tattoo artist of any individual who practices tattooing; requiring the licensure as a body piercing artist of any individual who practices body piercing; providing an application procedure for a license; providing for the issuance, terms, expiration, and renewal of a license; authorizing the Board to deny, revoke, suspend, reprimand, reinstate a license under certain circumstances, or place a license on probation under certain circumstances; providing for the qualifications and duties of licensees; granting certain judicial and administrative rights and procedures to certain licensees and license applicants; requiring the Board to adopt certain regulations; providing for the inactive status of a licensee; requiring certain apprenticeship programs to receive a certain approval; prohibiting certain acts; imposing criminal penalties for unlicensed practice, certain misrepresentations, and other prohibited acts; providing for the short title of this Act; providing for the termination of this Act; defining certain terms; requiring the Board to grant certain waivers of certain requirements under this Act to certain individuals under certain circumstances; providing for the application of certain provisions of this Act; and generally relating to the licensing and regulation of tattoo artists and body piercing artists.

BY adding to
Article - Courts and Judicial Proceedings
Section 5-398.1
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

BY adding to

Article - Health Occupations
Section 20-101 through 20-902, inclusive, to be under the new title "Title 20. Maryland Tattoo Artists and Body Piercing Artists Act"
Annotated Code of Maryland
(1994 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

5-398.1.

(A) IN THIS SECTION, "BOARD" MEANS THE STATE BOARD OF TATTOO
ARTISTS AND BODY PIERCING ARTISTS.
(B) A PERSON WHO ACTS IN GOOD FAITH AND WITHIN THE SCOPE OF THE JURISDICTION OF THE BOARD IS NOT CIVILLY LIABLE FOR GIVING INFORMATION TO THE BOARD OR OTHERWISE PARTICIPATING IN ITS ACTIVITIES.

Article - Health Occupations

TITLE 20. MARYLAND TATTOO ARTISTS AND BODY PIERCING ARTISTS ACT.

SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS.

20-101.

(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(B) "BOARD" MEANS THE STATE BOARD OF TATTOO ARTISTS AND BODY PIERCING ARTISTS.
(C) "BODY PIERCING ARTIST" MEANS AN INDIVIDUAL WHO PRACTICES BODY PIERCING.
(D) "BODY PIERCING ARTIST LICENSE" MEANS A LICENSE ISSUED BY THE BOARD TO PRACTICE BODY PIERCING.
(E) "LICENSE" MEANS, UNLESS THE CONTEXT REQUIRES OTHERWISE, A LICENSE ISSUED BY THE BOARD TO PRACTICE TATTOOING OR TO PRACTICE BODY PIERCING.
(F) "LICENSED BODY PIERCING ARTIST" MEANS A BODY PIERCING ARTIST WHO IS LICENSED BY THE BOARD TO PRACTICE BODY PIERCING.
(G) "LICENSED TATTOO ARTIST" MEANS A TATTOO ARTIST WHO IS LICENSED BY THE BOARD TO PRACTICE TATTOOING.
(H) (1) "PRACTICE BODY PIERCING" MEANS TO PENETRATE THE SKIN OR THE MUCOUS MEMBRANE OF AN INDIVIDUAL FOR THE PURPOSE OF INSERTING JEWELRY OR OTHER FORMS OF BODY ADORNMENT.

(2) "PRACTICE BODY PIERCING" DOES NOT INCLUDE THE PIERCING OF AN EARLOBE USING A PROPERLY DISINFECTED EAR PIERCING GUN AND SINGLE USE, STERILE STUDS AND CLUTCHES.
(I) "PRACTICE TATTOOING" MEANS TO MAKE A MARK OR DESIGN ON THE
SKIN OF AN INDIVIDUAL:
(1) BY PRICKING THE SKIN AND INGRAINING IN IT AN INDELIBLE PIGMENT; OR
(2) BY RAISING SCARS ON THE SKIN.
(J) "TATTOO ARTIST" MEANS AN INDIVIDUAL WHO PRACTICES TATTOOING.

20-102.

THIS TITLE DOES NOT LIMIT THE RIGHT OF AN INDIVIDUAL TO PRACTICE A HEALTH OCCUPATION THAT THE INDIVIDUAL IS AUTHORIZED TO PRACTICE UNDER THIS ARTICLE.

SUBTITLE 2. STATE BOARD OF TATTOO ARTISTS AND BODY PIERCING ARTISTS.

20-201.

THERE IS A STATE BOARD OF TATTOO ARTISTS AND BODY PIERCING ARTISTS IN THE DEPARTMENT.

20-202.

(A) (1) THE BOARD CONSISTS OF FIVE MEMBERS.
(2) OF THE FIVE BOARD MEMBERS:
(I) ONE SHALL BE A LICENSED TATTOO ARTIST, WHO SHALL HAVE PRACTICED TATTOOING IN THE STATE FOR AT LEAST 5 YEARS IMMEDIATELY BEFORE APPOINTMENT;
(II) ONE SHALL BE A LICENSED BODY PIERCING ARTIST, WHO SHALL HAVE PRACTICED BODY PIERCING IN THE STATE FOR AT LEAST 5 YEARS IMMEDIATELY BEFORE APPOINTMENT;
(III) ONE SHALL BE A HEALTH CARE PROFESSIONAL, LICENSED IN THIS STATE; AND
(IV) TWO SHALL BE CONSUMER MEMBERS.
(3) EXCEPT FOR THE HEALTH CARE PROFESSIONAL, THE GOVERNOR
SHALL APPOINT THE MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
(4) THE SECRETARY SHALL APPOINT THE HEALTH CARE PROFESSIONAL.
(B) EACH MEMBER OF THE BOARD SHALL BE A CITIZEN OF THE UNITED STATES AND A RESIDENT OF THIS STATE.