Body Art & Ear Piercing in Monterey County

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Body Art & Ear Piercing in Monterey County Karen Schkolnick, REHS Supervising Environmental Health Specialist Monterey County Health Department Environmental Health Division E-mail: schkolnickk@co.monterey.ca.us Phone: 831-755-4617

Monterey County Environmental Health Program July 13 th, 2004: Monterey County Board of Supervisors: (a) Adopt an Ordinance adding Chapter 10.91 to the Monterey County Code relating to body art and ear piercing (b) Amend Monterey County Health Department Fee Schedule Article I.E of the County Fee Resolution to include new body art and ear piercing fees.

Background: 1997 - Health and Safety Code amended and directs the California Conference of Local Health Officers to establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing, or permanent cosmetics. California Conference of Local Health Officers completes draft regulations and submits to State Department of Health Services. To date, at least five California jurisdictions have passed local ordinance to regulate body art operators.

Mosaic Issues: Internal Artists and Facilities: Media: Board of Supervisors/Cities

Photographs used with permission of Ray Ambler, Jr Piercing:

Photographs used with permission of Ray Ambler, Jr Tattooing:

Permanent Cosmetics: Photographs used with permission of Ray Ambler, Jr

Prevalence: Body piercing 42% of men and 60% of women undergraduates Tattoos 22% of men and 26% of women undergraduates Photographs used with permission of Ray Ambler, Jr

Local Mosaic: June 24, 2003 MCEHD notified by local physician Re: Two wound infections from local establishment August 2003-21 Year-Eric Rachesky, a UC Davis student dies from a massive heart and lung infection 30 days after getting a tattoo November 10, 2003 Statewide Body Art meeting held in Sacramento Nov. 20, 2003 Public Informational Meeting in Santa Clara County

Objective: Develop a permitting and inspection program to verify facilities and operators are: Properly disposing of sharps waste; Practicing safe and sanitary procedures; Utilizing Universal Precautions to minimize exposure from bloodborne pathogens, communicable diseases & infections

First Steps: Identify Stakeholders and seek support Meet with County Counsel Research Participate in Statewide and local body art workgroups Visit local body art studios and operators to discuss concept informally More Research

Mosaic of Partners: County Departments Body Art Facility Owners Tattoo Artists Body Piercers Permanent Make-up Artists Ear Piercing Industry Governing Bodies BOS & Cities Media Total # participants: 35 Total facilities represented: 19

Mosaic Issues: Internal Artists and Facilities: Media: Board of Supervisors/Cities

In-House Mosaic: Ordinance and Regulations Fee Schedule Letters: Body Art Operators & Facilities Ear Piercing Facilities Cities Board of Supervisors, CAO & Health Officer Board Reports Envision Data Management System Forms: Inspection Application Operator Cards

County Counsel (1): Do we have the authority to regulate body art? 119303. (a). Every person engaged in the business of body art shall register by December 31, 1998, with the county health department of the county in which that business is conducted. 119304. Every county health department shall conduct annual inspections of the locations at which registrants under this article conduct regulated activities.

County Counsel (2): Do we have the authority to pass our own local ordinance and regulations relating to body art and ear piercers? 119301. A county may adopt any regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department.

County Counsel (3): Does the County have the authority to regulate body art in the Cities? 119305. (c). In those jurisdictions where the local health officer and the environmental health director are in separate departments, the county or city shall have the option to choose the entity responsible for functions pursuant to this subdivision.

Meet Stakeholders: Review Meeting Regarding Draft County Regulations for Body Art and Ear Piercing 1270 Natividad Road, Salinas, CA Multi-Purpose Room January 7, 2004 1:00pm5:00pm

Public Process 2004 January 7 Informational meeting with Body Art and Ear Piercing representatives to discuss regulation of their industry. January 30 & February 5 Public meetings with Body Art and Ear Piercing industry representatives. June 21 Final meeting with Body Art and Ear Piercing representatives to review draft documents and proposed program fees.

What Artists said: Comments from 1 st (January 7) meeting : Wanted to know how to comply with requirements Wanted to know if Health Dept. would enforce non-permitted operators Comments from 2 nd (January 30) meeting: Wanted to know how to comply with requirements Wanted to know if Health Dept. would enforce non-permitted operators Wanted to know why taking so long? Comments from 3 rd (June 21) meeting: Wanted to know why taking so long?!?

Body Art Mosaic: Internal Artists and Facilities: Media: Board of Supervisors/Cities

What local MEDIA wrote: 7 Articles = Dec. 22, 2003 - July 17, 2004 Tattoos get under your skin Counties Look To Clean Up Body Art Industry Supervisors expected to OK tattoo licensing - Regulations find favor with local parlor operators Tattoo Licensing proposed Supervisors OK rules for tattoo parlors Monterey County To Regulate Tattoo Businesses Licensed to tattoo Sources: TheKSBWChannel.com, Monterey County Herald, and the Salinas Californian

The Salinas Californian: July 13, 2004 Kurt Brux, tattoo artist and owner of West Coast Tattoo, applies his artwork on the arm of a customer in his north Salinas studio. Brux says, proposed Licensing regulations will make his industry and its customers safer.

Mosaic Issues: Internal Artists and Facilities: Media: Board of Supervisors/Cities

What BOS wanted to know: Does the County have the ability through this action (or another) to regulate or outlaw GANG related TATTOOS? Will Environmental Health be doing demonstrations? You had to wait all day for that but it takes a long time to get a good tattoo. Supervisor Louis Calcagno, July 13, 2004

Permit and other Fees: Description Fee Initial Facility/Operator Application... $35.00 Facility/Operator App. Revision.$21.00/each Facility Permit.$210.00/year Operator Card. $105.00/year Temporary Facility Permit...$210.00/event Ear Piercing Facility Permit. $52.50/year Complaint inspections/re-inspection..$105/hour

For more information contact: Monterey County Environmental Health Division Solid Waste & Recycling Section schkolnickk@co.monterey.ca.us