Illegal tattooing practice

Illegal tattooing practice continues to be a threat to all. 

 If your reading this then you are some how affected by Unlicensed Tattoo Practitioners, (Scratchers). 

As a studio or parlor owner or a Licensed Tattoo Practitioner you probably are deeply interested in finding a solution to this growing problem. By now many of know the effect illegal tattooing practices is having on the business. It has become very apparent that the problem is not going away without some sort of government intervention.

 The Public Safety Bill 2012 for the state of Virginia is nearing completion, and will be filed through being placing Notice of Intended Regulatory Action (NOIRA). Purpose of the bill is conferring upon the DPOR Department concurrent authority with the Board of Barbers & Cosmology of for criminal and civil prosecution to enabling the Department to develop a full adjudicatory process that would involve hearings within the Department that could result in issuing an order to cease and desist, combined with fines up to $5,000 per incident.

 Summary

Full responsibility for a complete adjudicatory process, similar to that in place in the Attorney Generals Office, would necessitate a redeployment of resources from prosecuting complaints of professional misconduct to prosecuting illegal practice. This responsibility would require a permanent, substantial commitment of additional funds and authorization from the Division of the Budget for expenditures beyond current levels. In recent decades, fee increase proposals to fund illegal practice initiatives have been considered but ultimately rejected.

 The challenge is for the DPOR and the Department and the Board of Barbers & Cosmology to find State resources. The operation costs have to come from fees charged for licensing as well as fines levied; therein we would experiences an increase in licensing fees. While the Fed’s can operate in the red states cannot.

 We will be able to significantly reduce the occurrence of illegal tattooing practice by enhancing the laws effectiveness for prosecuting complaints of illegal tattoo violators practice, and the departments existing practices and procedures without significant additional cost. 

QUESTION

The question is simple, are we willing to back-up our craft or business by helping to financially support the Licensing Department to civilly prosecute Unlicensed Tattoo Practitioners, (Scratchers).

 As a Licensed Tattooer 

A. (YES) I would support a fair increase in my Annual License Fees
B. (No) I do not support a fair increase in my Annual License Fees

As a Licensed Tattoo Parlor Business Owner 

A. (YES) I would support an increase in my Annual License Fees
B. (No) I do not support an increase in my Annual License Fees

I personally support the Tattoo Licensing Department for the development of a full criminal and civil prosecution adjudicatory process that would involve aggressively investigating all complaints filed and the pursuing of Unlicensed Tattoo Practitioners. Prosecuting all violations through hearings within the Department that could result in issuing an order to cease and desist, combined with fines up to $5,000 per incident, and submit habitual offenders for criminally prosecution for a Class 1 misdemeanor, and subject to jail term of (11months and 29 days) and $5,000 per incident, In the event of a second or subsequent conviction under this section, a jail sentence of no less than (11months and 29 days) and $5,000 shall be imposed and in no case be suspended.

I am confident that are first step is to enact regulations and provisions providing first prevention through punitive determent, a lot of illegal tattooing practitioners will be significantly reduce by the enactment of laws that impose large fines and carries jail terms.

What MSG Are We Sending?

I get it, your angry so am I but it reminds me of the old adage about the definitions of insanity: Is when “You Keep Doing the Same Thing Over and Over Again Expecting Different Results’. A tattoo shop a day is opening in the US, everybody and their cozen is tattooing at home, yet I have not heard of one tattoo shop burning down since the 80’s, not one tattoo artist going to jail for assaulting or committing mayhem against a underground tattooing individual, not one news paper publication or news media telling us stories of mayhem.

"CBS News at Five: “A local Hollywood LA man has been hospitalized after brutal attack by local LA CA Tattoo shop owner”, and then later “Hollywood Tattoo Shop owner receives Life Imprisonment with chance of parole after 20 yr’s.” That’s why no one is going to cut anybody’s thumbs off or much less take a hammer to their thumbs; it’s a crime people punishable by up to life in prison in most states.

"2010 California Code Penal Code

Chapter 2. Mayhem

PENAL CODE SECTION 203-206.1 203. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

204. Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.

205. A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person,intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole.

206. Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion,or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture. The crime of torture does not require any proof that the victim suffered pain.

206.1. Torture is punishable by imprisonment in the state prison.

Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.

Unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person,intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole.

206. Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture. The crime of torture does not require any proof that the victim suffered any pain.

206.1. Torture is punishable by imprisonment in the state prison for a term of life. Any Volunteers: lets see how many people will stand up behind the persons or persons PUBLICLY in support of any professional tattoo artist on trial for cutting off or the smashing of another mans thumbs in order to stop him from tattooing without a license in their city.

Heck I can’t even get 100 men or women professional tattoo artist to take a stand legally and actually do something towards changing the law that protects these illegal individuals tattooing in there city, these regulations that make it so anyone with money can open a tattoo shop and not be qualified to run one, or the bastards that sell them equipment.

Lets get real here; I come from a long line of BMF and I earned mine just like many old school did, but I’m not a street thug anymore and even if I was facing life prison sentences would require a lot more motivation. Today I am so much more, besides being a father, a grandfather, and being 55yr’s old, I am actually a citizen and believe there are legal alternatives to our problems. Like many old timers a prison sentence would be the end of life, not to mention the end of my business, my family welfare. Who would be served by these actions, would it stop people from tattooing in their homes, would my community be served, the tattoo industry?

The next day after that Live at 5 volunteer was on his way to a life of tattooing in prison the Scratchers would get up and go right back to tattooing, like killing a cockroach, kill one and a hundred show up for dinner. Do you think the main stream consumer: neighborhood mother of 3, the teachers wife, the business owner, or the father of his young adult children wants any man who could actually cut someone thumbs off to tattoo their family?

Going backwards is not going to fix the problems we have today, taking a stand on the right side of the problem is, once again Ill say it Support: Tattooing Safety Bill 2012 we really got to be more then smoke and mirrors, illusions are not our solutions.

'Times New Roman', serif;">"Dragon Randy Holder

Tattoo Artist Magazine Blog

I am glad to hear someone actually using some intellect to look at solutions for the affect of sales of equipment to anyone and everyone who can spend $50.00 to $150 on a Tattoo kit, some would say the Cat is all ready out of the Bag when it comes to equipment and inks, there are so many How to do Books and YouTube video’s anyone who can read can learn basics of building machines and needles.

Progress always produces abuses in the name of making money the tattoo business is no different. In India they make a pipe called a Hookah and it’s primary use has been for Tobacco smoking BUT in the 60’s and 70’s the US Used the Hookah primarily for pot smoking and then gave way to the Bong which has been in use Laos and Thailand, and all over Africa for centuries.

Point is an explosion of Retail Business opening Head shops to sell Pipes, just like tattoo equipment. Then the government made it Illegal to sell or use Hookahs and Bongs for pot smoking and started arresting business owners and user Illegal.

Tattooing is not Illegal used to be but now it is not and nether is the equipment. Can we get the government to stop all sales of tattoo equipment NOPE not without making tattooing itself a crime?
So what is the solution?

Following the same logic by making the UNLICESEND USE of Tattoo Equipment Illegal, when it is used by unlicensed, untrained, uncertified Individuals to tattoo; make the sale of equipment to unlicensed, untrained, uncertified Individuals a Crime.

I can buy a Hookah for Tobacco use or for medical use ONLY, changes from a legal pipe for smoking Tobacco to going to jail when caught using it for pot, it’s turns into ILLIGAL PARAPHERNALIA.

Can I buy a Laser machine and start blasting skin removing hair, no in most states that would be a crime, can I buy Acupuncture Needles and start sticking people NOPE that is a Crime, OK, Ok can I read a How to be a Physical Therapist and provide physical therapy, I won’t use needles, no meds, NOPE that is a Crime too.

Hmm I can buy a Laser machine, I can buy Acupuncture Needles and I can read or watch every book there is but unless I am Licensed by the State and or city I cannot practice the use of this equipment on the public in any of these fields of endeavors, WHY?

PUBLIC HEALTH INTEREST this is how we can effect a positive change in the Tattoo Industry, increase the requirements qualifications to become a licensed tattoo artist nationwide, also require proof of competency and proof of a Apprenticeship that meets the degree of requirements needed to weed out the under trained individuals, make tattoo studio owners also meet competency requirements and qualifications to become a licensed tattoo studio operators, just like a building contractor or other fields, finally make it a crime to sell certain tattoo equipment and supplies to unlicensed individuals.

If you like to become a part of the solution come join US TATTOOING PUBLIC SAFETY BILL 2012 were just getting started, Florida just passed laws like the ones discussed, you state could be next be a part of the change.

Sincerely: Randy Holder

January 5, 2012 at 8:09 PM 

TATTOO PROS

Tattooing Regulations: Most states have or adopting regulations for professional tattoo artist and studios, I personal feel if you’re a professional then your going to want to be involved in making it a better industry, if you not then jump off.

Law Unlicensed Tattooing: laws that are directed at unlicensed individuals Tattooing will increase the cost to the Scratchers and Scab merchants and make it a crime for them to do it, enforcement will significantly reduce illegal tattooing only ones that don’t want that to happen is the Scratchers and Scab Merchants.

NEW Regulations; have a Grand fathering period were individuals who actually have tattooed in tattoo shops can get licensed without testing.

The funny things is all you need to look around most tattoo business are legit today! The APT, the National Tattoo Association has been setting professional standards since the 70’S.

I have been paying filing tax returns for tattooing income for over 20 years.

I know a lot of us do not know how government works so here a little incite:

In the past the government made tattooing illegal, it was called a barbaric art form that must be made illegal to practice and it was made Illegal. There were those that believed tattooing was as true art form and a profession that needed the protection afforded by the United States Constitution along with that protection comes regulations. So we got that protection and it was degreed to be the oldest art form and need protection.

Government Regulations are for city, state and federal agencies to have guild-lines in place to provide a method of managing varies areas the business communities, and the public interest. All business within any city require the meeting of many types of regulations, Professional Occupations like tattooing are also regulated. 

During alcohol prohibition organized crime made money when it was made legal and regulated and criminal prosecuted most bootleggers went out of business, those who continued were prosecuted under the tax evasion laws and alcohol business licensing regulations.

It happened in tattooing many criminals got involved and then along came regulations making it legal and requiring licensing problem is many artist chose to do nothing and did not help in the drafting of the regulations, so they ended up with ones that for the most part are ineffective in protecting the occupation.

Business Regulation: that are set in place are generally for governing health standards, so agencies can enforce business operations and protect the community health and the cities interest.

Professional Occupation: Regulations set the standard of skill and knowledge to perform within a given occupation; these standards come from within the professional occupational community, I.E other tattoo artist. If you have ones you don’t like or no standards at all in you state and or city it is because you have not been involved yourself in the government process.

Unlicensed Laws: If you have a community over run with underground unlicensed individuals tattooing it is because you have not as a community of Tattoo professionals acted within your state and city to enact laws to help stop the problem.

Is there a perfect solution to any problem no never has been never will be, does doing nothing make it better, no that’s how it became a problem in the first place.

Regards: Randy A. Holder

PAGE ELEMENTS

Hello everyone I took the time today to add some page elements to the BLOG Site, I wanted Viewers and Readers to actually be able to see the who was in fact supporting the bill and at what level is their support. 

NEW ELEMENTS

INDUSTRY SUPPORT : Type: magazine, Associations, Supplies, Manufactures, State...., Support...

TATTOO ARTIST AND OWNERS SUPPORT: Name:..., Title...., State....,  Support. .....

OVERSEAS SUPPORT FROM OWNERS AND ARTIST: Name:..., Title...., State...., Support.....

I also moved around a few of the page elements to make them easier to find: Comments and Voting feature please do leave a Comment and or Suggestions on what you like to see added.

Only been up less then a week and I feel the page is starting to have a organized professional feel to it..

State “Tattooing Public Safety Bill 2012” Representative or Liaison

Thank you for your interest in becoming your State’s “Tattooing Public Safety Bill 2012” Representative or Liaison.

If you have a background in government politics and or are a lobbyist great already you already know what to do as a Representative, if not you still can be a Liaison for the Tattoo Industry in your state, you would need be able to be very professional and speak to other intelligently about becoming involved and supporting the Bill.

First being the Bills State Liaison to for the Tattoo industry might require talking before committees or even congress on behalf of the Tattoo Industry. There are many roles that and individual can undertake, first and foremost it just helping on any level you can.

So Ideally your mission should you chose to under take it would be to network locally seeking out key individuals, or groups or committees within your state and gather the information and resources through these organizations and groups to utilize the Intel and Resources to successful submit and lobby the Tattooing Public Safety Bill 2012” on before your states legislative branch of government.

That might only include finding someone to Sponsor the Bill or finding a sub committee or a congressmen or a lobbyist to represent the bill.

Networking would mean contacting other tattoo industry artist and business and asking them to get involved, joining our effort, some will become part of the groups or committees or lobbyist some may only sign the Petition for there state and also sign the Nationwide Bill for the US Senate for us.

So basically it would be finding the man or woman that knows what to do or the right person to take the ball and run all the way across the goal line in your state, that might be you or someone you know or meet.


Everyone has a bit of Greatness in him or her!

Thank You and Best Regards: Randy A Holder, Author

Donating Blood

I found the conversation on BME NEWS by Rob about the deferral period post-tattooing for donating blood very interesting in light of my resent efforts to develop a Bill to submit to each states legislative branch of government to introduce laws to be enacted to reduce the amount of individuals provide underground tattoo and piercing applications.

Fact:  Aids and even Heb C came into view it had already been widely spread through blood transfusions for many many years because the markers had not been develop to find the disease in blood, unforchantly like many new disease it is only discovered after there is lots of damage to the individuals health or they die and after it has been widely spread through blood transfusions

Fact: The screening for virus HEP-C wasn't  introduced until 1991 when it is believed the signs and symptoms had been around since 1950's.

Devil's Advocate: I am going to play devil's advocate here for a moment, what if unforchantly your blood infected a baby or child, or a mother, or anyone else for that matter, would you be all right with that and just shrug it off and say I had good intentions, I read a Fortune Cookie once it said "The Road to Hell Is Paved  with Good Intentions'

Fact: Patient groups are calling for all those who had a blood transfusion or received treatment derived from donated blood before 1991 to go get tested for disease.

True Case: : Widespread shock in 2004 when Dame Anita Roddick announced she had hepatitis C, she caught the virus, which destroyed her liver, after a hospital blood transfusion in 1974.

Sadly Dame Anita Roddick  in need of the blood to save her life while giving birth had lived with hep C for more than 30 years before discovering she had it, by which time she was suffering from cirrhosis (severe scarring) of the liver.

She died three years later aged 64 of a brain haemorrhage, a rare complication of the disease.

She did not take the inherent risk associated with receiving a tattoo or other known causes, yet she became infected through what was to be a lifesaving blood transfusion and lived a live of illness and died as a result of complications caused from Heb C.

Fact: No one who has had a Blood transfusion is allowed EVER to Donate Blood

Fact: Up to 4 million Americans are chronically infected with the hepatitis C virus.

Fact: The hepatitis B virus, or HBV, can still be infectious for up to a week outside the body.

Fact: The hepatitis C virus, or HCV, can live outside the body for up to 4 days.

Fact: Research from the American Association for the Study of Liver Diseases showed that out of 3,871 people studied (half with hepatitis C and half without), there was a significant association between having one or more tattoos and having hepatitis C. In short, the study found that people with hepatitis C were about three times more likely to have tattoos.

Reality: Cross Contamination transfer of  HEP-C can happen very easily if strict guild-lines are not followed, OSHA requires all tattoo artist to be trained in there guild-line.

Scenario: The customer before you has HEP-C and your artist has blood on the gloves worn during the applying of his tattoo, he touches anything and transfers blood fluids onto the item, then he inadvertently uses the same item while tattooing you, power supply knob, spray bottle, tattoo machine, ink bottle,  then he touches your skin or the tattoo needle and tattoos microbes, the bacteria  viruses right into your body, hence you have now been infected, but nothing happens tell 20 years later when you discover your going to die from live damage or any of the 12 other side effect caused by HEP-C.

Conclusion: I mean you new the risk when you got the tattoo you signed the waver with warnings about possible infections, and not be able to give blood, so you now why complain?, why want to even take the slightest risk of possibly causing harm to someone because of your personal choices?

Safe: Simply fact if you have received your tattoo in a state or city that strictly regulates tattooing your going to have a very reduced chance of contracting HEB-C or HEB-B from a tattoo if the tattoo artist actually follows all the strict safety procedures.  But lets be on the safe side, lets not risk someone life on a opinion, lets be safe and let the individuals who are in the business of blood for life saving make the expert decisions on when to adopt a change to waiting periods.

Professional Opinion: I know the risk I have been tattooing for over 25 yrs professionally and have known both artist to die from HEP-C, and other individuals too.

Today: more then ever the public is receiving tattoos from unlicensed, untrained, non-certified individuals, in non-sanitary conditions and in uncontrollable environments.

Questions: How many will report that the tattoos were not done professional?
                     How many people do you know today who have home made tattoos?
                     How many people do you know  say a friend or a cousin doing tattoos out there house?
                     How many many times have you heard about a tattoo guy at a house party?

Answer: probably lot if your age 16 to 35 and have tattoos.

Time for Action: I am personally trying to do something to help protect our future generations,  the public's health from making bad choices and reduce the transition of Disease from underground tattooing individuals.

Question:   would you go to someone house to have a your teeth removed or get acupuncture treatments,  probably not, because you would be afraid of something going wrong and for good reason.

Law: It is against the law and public health regulations to perform like a doc, nurse, any type of practitioner unless you have been licensed or have certification do any type of medical procedure.

Definition: Tattooing is a minimally invasive medical procedure is defined by the medical community, as one that is carried out by entering the body through the skin.

Presently: there are no laws, regulations, or codes in place to protect our community health from disease transmitting through underground tattooing individuals.

Social Perception: if it's was wrong or that risky for you would the government make it illegal, not until a lot of people die or we take action.

Risk: Your teenager, brother, sister or even mother maybe unaware of the high risk of contagiousness disease from improper tattooing procedures, and go ahead and get a tattoo while at someones house party and spends the remainder of there life fighting for their life because of it.

Protect: Help make our community aware and our community  future health a government priority support the "Tattooing Public Safety Bill 2012 http://stop-tattoo-scratcher.blogspot.com/

Regards: Randy Holder