Terms Used In Louisiana Revised Statutes 40:2832

  • Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

                (a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin. See Louisiana Revised Statutes 40:2831

  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2831
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Manager: means any individual designated by the owner to manage the daily business of a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Operator: means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration. See Louisiana Revised Statutes 40:2831
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2831

A.  Each person operating a commercial body art facility on January 1, 2000, shall register the facility under this Chapter no later than March 1, 2000.

B.  Each person acquiring or establishing a commercial body art facility after January 1, 2000, shall register the facility under this Chapter prior to beginning operation of such a facility.

C.  No person shall operate a commercial body art facility without having first registered that facility as provided in Subsections A and B of this Section.  The application for registration shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.

D.  Each person managing a commercial body art facility and each person acting as an operator as defined in this Chapter on January 1, 2000, shall register under this Chapter no later than March 1, 2000.

E.  Each person who begins to act as a manager or operator in a commercial body art facility after January 1, 2000, shall register the facility1 under this Chapter prior to beginning operation of such a facility.

F.  No person shall act as a manager or operator in a commercial body art facility without having first registered as provided in Subsections D and E of this Section.  The applications for registration shall be submitted on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions.

G.  Any facility approved by the department for training operators pursuant to La. Rev. Stat. 40:2833(A)(4) shall register with the department upon approval.

H.  The department shall conduct at least one inspection of a business prior to approving the business to offer commercial body art application services under the provisions of this Chapter.  The department may conduct additional inspections as necessary for the approval process, and may inspect a registered business at any time the department considers necessary.  In an inspection, the department shall be given access to the business’ premises and to all records relevant to the inspection.

I.(1)  The department may suspend or revoke the approval of a business to offer commercial body art procedures at any time the department determines that the business is being operated in violation of this Chapter, any rules adopted pursuant to the provisions of this Chapter, or the provisions of La. Rev. Stat. 14:93.2, which prohibit tattooing and body piercing of minors without parental or custodial consent.

(2)  In addition to suspension or revocation of approval by the department, if a business violates the provisions of La. Rev. Stat. 14:93.2, it shall also be subject to the penalties provided therein.

J.(1)  The department may suspend or revoke the registration of a manager or operator at a commercial body art facility or the registration of a registered training facility at any time the department determines that the registrant is operating in violation of this Chapter, any rules adopted pursuant to the provisions of this Chapter, or the provisions of La. Rev. Stat. 14:93.2.

(2)  In addition to suspension or revocation of registration by the department, a registrant who violates the provisions of La. Rev. Stat. 14:93.2 shall be subject to the penalties provided therein.

K.  Any physician licensed by the Louisiana State Board of Medical Examiners is exempt from the provisions of this Chapter.

L.(1)  The department shall establish and collect from each registrant:

(a)  Owner of facility

$1,000.00

(b)  Manager of facility

200.00

(c)  Operator

100.00

(d)  Training facility

3,000.00

(2)  The department shall establish and annually collect from each registrant the following renewal fees:

(a)  Owner of facility

$  500.00

(b)  Manager of facility

150.00

(c)  Operator

60.00

(d)  Training facility

1,000.00

(3)  The monies collected from such fees shall be used by the department for the purposes of implementing and enforcing the provisions of this Chapter.

Acts 1999, No. 393, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 2000.

1As appears in enrolled bill.

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