AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise,

consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases

and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal,

environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of,

departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and

duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health;

to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the

imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote

the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care

facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for

the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from

liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to

provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for

violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and

parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending

the heading of part 131 and sections 13101 and 13102 (MCL 333.13101 and 333.13102), as added by 1996 PA 223, and by

adding sections 13104, 13105, 13106, 13107, 13108, 13109, 13110, and 13111.

PART 131. BODY ART FACILITIES

Sec. 13101. (1) As used in this part:

(a) “Alcoholic liquor” means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998

PA 58, MCL 436.1105.

(b) “Body art facility” means the location at which an individual does 1 or more of the following for compensation:

(c) “Body-piercing” means the perforation of human tissue other than an ear for a nonmedical purpose.

(d) “Branding” means a permanent mark made on human tissue by burning with a hot iron or other instrument.

(80)

Act No. 149

Public Acts of 2007

Approved by the Governor

December 13, 2007

Filed with the Secretary of State

December 13, 2007

EFFECTIVE DATE: December 13, 2007

(e) “Controlled substance” means that term as defined in section 7104.

(f) “Department” means the department of community health.

(g) “Local governing entity” means that term as defined in section 2406.

(h) “Minor” means an individual under 18 years of age who is not emancipated under section 4 of 1968 PA 293,

MCL 722.4.

(i) “Smoking” means that term as defined in section 12601.

(j) “Tattoo” means 1 or more of the following:

(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this

code.

Sec. 13102. (1) Subject to section 13104, an individual shall not tattoo, brand, or perform body-piercing on a minor

unless the individual obtains the prior written informed consent of the minor’s parent or legal guardian. The minor’s

parent or legal guardian shall execute the written, informed consent required under this subsection in the presence of

the individual performing the tattooing, branding, or body-piercing on the minor or in the presence of an employee or

agent of that individual.

(2) An individual shall not tattoo, brand, or perform body-piercing on another individual if the other individual is

under the influence of alcoholic liquor or a controlled substance.

Sec. 13104. (1) Beginning January 1, 2009, an individual shall not tattoo, brand, or perform body-piercing on another

individual unless the tattooing, branding, or body-piercing occurs at a body art facility licensed under this part.

(2) The owner or operator of a body art facility shall apply to the department for a body art facility license under

this part on a form provided by the department and at the time of application shall pay to the department the

appropriate fee prescribed under subsection (3). If the department determines that the application is complete and the

body art facility proposed or operated by the applicant meets the requirements of this part and any rules promulgated

under this part, the department shall issue a license to the applicant for the operation of that body art facility. Except

for a temporary license issued under this part, the license is effective for 3 years.

(3) Subject to section 13108, the owner or operator of a body art facility shall pay 1 of the following fees at the time

of application for a body art facility license:

(a) For an initial 3-year license ................................................................................................................. $ 500.00.

(b) For a 3-year renewal of a license........................................................................................................ $ 300.00.

(c) For a temporary license to operate a body art facility at a fixed location for not more than

a 2-week period .................................................................................................................................................. $ 100.00.

Sec. 13105. (1) Before issuing a license to an applicant under this part, the department shall receive the results of an

inspection of the premises of the body art facility that is the subject of the application from the appropriate local health

department. The local health department shall convey the results of the inspection of the premises of the body art

facility that is the subject of the application to the department as soon as practical after the inspection occurs.

(2) The appropriate local health department shall inspect each body art facility prior to being licensed under this part

and shall at least annually inspect each body art facility licensed under this part to ensure compliance with this part.

Subject to section 13108, the department shall authorize a local health department under section 2235 to perform the

inspections required under this subsection.

(3) The department shall issue a license under this part to a specific person for a body art facility at a specific

location. A license issued under this part is nontransferable.

Sec. 13106. The owner or operator of a body art facility licensed under this part shall apply to the department for

renewal of the license not less than 30 days before the license expires. Upon payment of the renewal fee prescribed by

section 13104(3), the department shall renew the license if the applicant is in compliance with this part and any rules

promulgated under this part. The department shall consult with the appropriate local health department to determine

that compliance.

Sec. 13107. A person who owns or operates a body art facility licensed under this part shall do all of the following:

(a) Display the license issued under this part in a conspicuous place within the customer service area of the body art

facility.

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(b) Comply with and ensure that the body art facility is in compliance with this part and part 138 and with rules

promulgated under those parts.

(c) Ensure that the body art facility as a whole and any individual engaged in tattooing, cleaning tattooing

instruments, performing branding or body-piercing, or cleaning branding or body-piercing instruments comply with the

bloodborne pathogen safety standards under 29 CFR 1910.1030.

(d) Ensure that tattooing, branding, or body-piercing is performed in a sterile field with sterile needles and only

single-use ink.

(e) Maintain a confidential record of each individual who has been tattooed or branded or who has had body-piercing

performed at the body art facility and make the records available for inspection by a local health department. The

record shall include, at a minimum, the individual’s name, address, age, and signature; the date; the design and location

of the tattooing, branding, or body-piercing; the name of the individual performing the tattooing, branding, or bodypiercing;

and any known complications the individual has with any tattooing, branding, or body-piercing done at that

body art facility. The owner, operator, manager, or person having control of the body art facility shall provide a copy of

the record to the individual at the time he or she is tattooed, is branded, or has body-piercing performed. The

department shall develop guidelines for the confidential handling of this record, including, but not limited to, the

maintenance, storage, inspection, and destruction of the record.

(f) Prohibit smoking within the body art facility.

(g) Provide each customer with a written information sheet distributed or approved by the department that

provides at least all of the following:

becomes infected or painful or if the person develops a fever soon after being tattooed, branded, or having body-piercing

performed.

presents a copy of the record required under subdivision (e) to the blood donor facility.

(h) Maintain on file on the premises of the body art facility and have available for inspection by a local health

department all of the following:

at the body art facility:

(A) His or her full legal name.

(B) His or her exact duties at the facility.

(C) His or her date of birth.

(D) His or her gender.

(E) His or her home address.

(F) His or her home and work telephone numbers.

(G) His or her prior or other current places of employment as a technician, if known.

(H) His or her training and experience.

(I) An identification photo.

(J) Documentation of compliance with the educational, training, or experience requirements of the department under

this part.

(K) Documentation of HBV vaccination status or other vaccination status requirements of the department under

this part.

(A) His or her full legal name.

(B) His or her home address.

(C) His or her home and work telephone numbers.

body-piercing performed at the body art facility. The inventory shall include the name of the item’s manufacturer and

serial or lot number, if applicable. The body art facility may provide invoices or orders to satisfy this requirement if

determined appropriate by the department or the local health department.