410 ILCS 54/1
Short title
Short title. This Act may be cited as the Tattoo and Body Piercing Establishment Registration Act. (Source: P.A. 94-1040, eff. 7-1-07.)
Illinois Compiled Statutes 410 ILCS 54 — Tattoo and Body Piercing Establishment Registration Act.
Illinois · statute · 410 ILCS 54 · 22 active provisions
410 ILCS 54/5
Purpose
Purpose. It has been established that non-sterile needles can lead to the spread of certain blood-borne illnesses such as Hepatitis and HIV. Tattoo and body piercing practices affect the health, safety, and welfare of the public, therefore, the General Assembly finds that the regulation of tattoo and body piercing esta…
410 ILCS 54/10
Definitions
Definitions. In this Act: "Aseptic technique" means a practice that prevents and hinders the transmission of disease-producing microorganisms from one person or place to another. "Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature. "Body piercing" does not incl…
410 ILCS 54/15
Registration required
Registration required. (a) A certificate of registration issued by the Department shall be required prior to the operation of any establishment or multi-type establishment. The operator of the facility shall file an application for a certificate of registration with the Department that shall be accompanied by the requi…
410 ILCS 54/20
Temporary registration
Temporary registration. A temporary certificate of registration may be issued by the Department for educational, trade show, or product demonstration purposes only. The temporary certificate of registration shall be valid for a maximum of 14 calendar days. (Source: P.A. 94-1040, eff. 7-1-07.)
410 ILCS 54/25
Operating requirements
Operating requirements. All establishments registered under this Act must comply with the following requirements: (1) The operator of an establishment must ensure that all body piercing and tattooing procedures are performed in a clean and sanitary environment that is consistent with sanitation techniques established b…
410 ILCS 54/27
Prohibitions
Prohibitions. Body piercing procedures must not be performed, without medical clearance, on skin surfaces where sunburn, rash, acne, infection, open lesions, or other questionable skin lesions exist and must not be performed on any person who is impaired by drugs or alcohol. (Source: P.A. 94-1040, eff. 7-1-07.)
410 ILCS 54/30
Duties of the Department; rulemaking
Duties of the Department; rulemaking. (a) Before issuing a certificate of registration to an applicant, the Department, or its designee, shall inspect the premises of the establishment to insure compliance under the requirements of this Act. (b) Once a certificate of registration is issued, the Department may periodica…
410 ILCS 54/35
Expiration and renewal of registration; display
Expiration and renewal of registration; display. (a) A certificate of registration issued under this Act shall expire and may be renewed annually. The Department may assess a late fee if the renewal application and renewal fee are not submitted on or before the registration expiration date. The Department shall by rule…
410 ILCS 54/40
Change of operator
Change of operator. In the event of a change of operator, the new operator must apply for a certificate of registration prior to taking possession of the property. A provisional certificate of registration may be issued by the Department until an initial inspection for a certificate of registration can be performed by…
410 ILCS 54/45
Denial; suspension; revocation; nonrenewal of registration
Denial; suspension; revocation; nonrenewal of registration. A certificate of registration may be denied, suspended, revoked, or the renewal of a certificate of registration may be denied for any of the following reasons: Violation of any of the provisions of this Act or the rules and regulations adopted by the Departme…
410 ILCS 54/50
Administration; enforcement
Administration; enforcement. (a) The Department may establish a training program for the Department agents for administration and enforcement of this Act. (b) In the administration and enforcement of this Act, the Department may designate and use State-certified, local public health departments as its agents in the adm…
410 ILCS 54/55
Investigation; hearing; notice
Investigation; hearing; notice. The Department may, upon its own motion, and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for the denial of an application for a certificate of registration, or refusal to renew a certificate of registration, or r…
410 ILCS 54/60
Conduct of hearing
Conduct of hearing. (a) The hearing shall be conducted by the Director, or an individual designated in writing by the Director as a hearing officer. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and admini…
410 ILCS 54/65
Findings of fact; conclusions of law; decision
Findings of fact; conclusions of law; decision. The Director or hearing officer shall make findings of fact and conclusions of law in a hearing, and the Director shall render his or her decision, or the hearing officer his or her proposal for decision within 45 days after the termination of the hearing unless additiona…
410 ILCS 54/70
Review under Administrative Review Law; venue; costs
Review under Administrative Review Law; venue; costs. All final administrative decisions of the Department under this Act shall be subject to judicial review under the provisions of Article III of the Code of Civil Procedure. The term "administrative decision" is defined under Section 3-101 of the Code of Civil Procedu…
410 ILCS 54/75
Administrative Procedure Act; application
Administrative Procedure Act; application. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedure of the Department under this Act, except that in case of conflict between the Illinois Administrative Procedure Act and this Act t…
410 ILCS 54/80
Penalties; fines
Penalties; fines. The Department is authorized to establish and assess penalties or fines against any person who violates this Act or rules adopted under this Act. In no circumstance will any penalties or fines exceed $1,000 per day for each day the violation continues. (Source: P.A. 99-117, eff. 1-1-16.)
410 ILCS 54/85
Public nuisance
Public nuisance. (a) The operation or maintenance of an establishment in violation of this Act or any rule adopted by the Department under this Act constitutes a public nuisance inimical to the public welfare. (b) A person convicted of knowingly maintaining a public nuisance commits a Class A misdemeanor. Each subseque…
410 ILCS 54/90
Tattoo and Body Piercing Establishment Registration Fund
Tattoo and Body Piercing Establishment Registration Fund. There is hereby created in the State treasury a special fund to be known as the Tattoo and Body Piercing Establishment Registration Fund. All fees and fines collected by the Department under this Act and any agreement for the implementation of this Act and rules…
410 ILCS 54/905
(Amendatory provisions; text omitted)
(Amendatory provisions; text omitted). (Source: P.A. 94-1040, eff. 7-1-07; text omitted.)
410 ILCS 54/999
Effective date
Effective date. This Act takes effect July 1, 2007. (Source: P.A. 94-1040, eff. 7-1-07.)