Summary Draft for Tattoo Public Safety Bill 2012

The United States is experiencing an increasing threat against it National Public Health, individuals performing tattooing without licensing are causing the rise of the public health risk through disease transmission from Tattooing applications. The tattooing demand has been increasing annually while the supply of ready available cash for most households has significantly declining every since the US economic crises. A significantly number of US consumers are now receiving tattoo applications from unlicensed individuals performing unsanitary Tattoo applications a much lower cost.

REGULATIONS: There is a lack of regulations in place for individuals choosing to provide tattooing services, presently they operate outside of the present codes, and laws, this gap is significantly diluting the bear of protection that has been afforded to the nations public through the enactment of regulations codes and for regulating the tattoo profession and business operations within our Nation.

UNLICENSED TATTOO ARTIST: there has been huge increasing in the threat against the Nation Public Health from tattoo procedures being preformed by Unlicensed Individuals acting as tattoo artist It is alarming that in every city and state in the United States of America. the actions of these individuals are putting the general public risk, by performing 1000's of life threatening tattoo applications daily across the US by unqualified individuals in unsanitary conditions.

CONTAGIOUS DISEASE TRANMITSITION; Transmissible by direct or indirect contact; communicable: a contagious disease
can be transmitted from unsanitary tattoo procedures. Presently statistic shows that tattoo procedures are being sought out by 16 to 25 age groups which presently suffer a high degree of jobless rate and are most vulnerable to making life threatening choices, with tattooing applications being performed on lower income levels and younger consumer groups, the same groups whom are already at a greater health risk for disease transmitting and poor medical care it not surprising that we haven’t had an epidemic. Further more there is an increasing level of procedures being performed by untrained and unlicensed individuals at all social levels. This problem presently is the single largest threat to public health other then sex transmissible disease with the highest penitential to cause a nation wide spread of diseases in our nation.

There has been a significant rise in tattoo removal from blotched tattooing from UNLICENSED INDIVIDUALS ACTING AS tattoo artist as well as a rise in infections caused from the use of non professional standard and products.

REGULATION: Presently most states regulate Licensed Tattoo Artist and a Tattoo Business Operations. They are regulated by and through Federal OSHA, State and City government agency's and municipalities using laws, codes and regulations to govern and regulate them, these laws and codes were adopted in order to provide the highest standard of protection for the public's over-all safety while receiving a tattoo procedure.

NO LAWS, CODES, AND REGULATIONS GOVERNING UNLICENSED INDIVIDUALS PERFORMING TATTOOS IN MOST STATES: Any individual choosing to apply tattoos on the public can do so with impunity, if an individual is arrested it is only after a complaint of tattooing Minors has been lodged with the police department, therein the only law in most states that make application of tattooing illegal is on minors.

PROFESSIONAL OCCUPATIONAL CRIME LAWS: are laws, codes and regulations that make it a crime to do Dentistry, Acupuncture, or any other evasive procedural applications that would normally requiring a trained licensed practitioner on any humans in all United States.

These laws are in place to protect the individual Public from the bad judgment of allowing unlicensed individuals to do any procedure that requires a high degree of skill and training as well as be a high risk to the Publics Health.

EVASIVE MEDICAL TYPE OF PROCEDURE: Tattooing is regulated as an professional occupation because the application of tattooing qualifies as a evasive medical procedure requiring a high degree of skill and training that must be done in a Sanitary Environment under Federal OSHA guild line using sterilized equipment as well as approved equipment and products in a Licensed facility.

LEGISLATIVE BILLS: There must be Bills drafted and submitted before Congress and the State governments for enactment and the passing laws, codes and regulations at the State and the Federally Government level that empowers all concerned city and state agencies and municipalities, Courts, Police, Health department, OSHA to take legal actions and sanctions against individuals operating or soliciting the act of tattooing as a unlicensed individual tattooing or as a unlicensed tattoo studio or parlor provide tattoo services. Furthermore even stricter legal sanctions against Impersonating a Licensed Tattoo Artist or Tattoo Studio Facility.

POWER OF THE STATE AND CITY: The State and City Agency's & Police Department must to be equipped with the power to seek out and arrest and charge any individual operating or soliciting services as a tattoo business and a tattoo artist with out a license with a crime for committing actions against the public health interest and posing a significant threat to the public health. Further more the state courts must be so empowered to levy fines and jail incarceration for crimes against the city community regulations and health laws.

1st offense; committed by an unlicensed tattoo artist is a misdemeanor with up to $500 and/or a year in jail.

2nd.offense; gross misdemeanor with up to $1,000 and/or a two year's in jail.

3rd.Offense: committed by an unlicensed tattoo artist a felony with up to $5,000 and/or a 1 to 3
year's in prison.

4th. Offense; committed by an unlicensed tattoo artist a felony with up to $10,000 and/or a 3 to 5
year's in prison.

Any offense; committed by an unlicensed tattoo artist that causes any personal injury is a felony with up to $15,000 and/or a 2 to 10 year's in prison.

Any offense committed by an unlicensed tattoo artist that is against a minor under the age of 13 is Felony with up to $25,000 and/or a to 5 to live in prison.

EQUIPMENT & SUPPLIES REGULATIONS: The Federal Governmental need to in act regulations to Require Tattooing Suppliers to sell related Tattoo equipment and products only to Licensed Professional Tattoo Artist and Facilities, additionally the sale and import of ink and other such products and equipment requiring training used to be used or sold in the United states needs to be regulated.

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This is only the developmental stage pages were everyone could come together as professionals and formulate an introductory finished summary outline that can be presented to their state legislator.

Each state will need a legislator who is willing to sponsor it, and then the next step is to frame the idea in suitable legislative form and language for introduction of a bill.
The drafting of statutes is an art that requires great skill, knowledge, and experience,
most bills are drafted by the Legislative Council Service.

Remember that each state has different needs for introducing the Bill, the joint resolution, the resolution, the joint memorial and the memorial.

I am seeking Liaison for each state who would work to find out what their state needs are and seek a Legislator sponsor or Lobbyist for the Bill.

Tuesday, September 25, 2012

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.
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