Connecticut Tattoo Laws

Statute - Text (K) 1 of 4
Year: 2000
Number: 19A-92A
Name: 19A-00--0092--AK.DOC

Sec. 19a-92a. Regulation of persons engaged in tattooing. Penalty. (a) For the purposes of this section:

(1) "Advanced practice registered nurse" means a person licensed to perform advanced level nursing practice activities pursuant to subsection (b) of section 20-87a.

(2) "Physician" means a person licensed to practice medicine and surgery pursuant to chapter 370.

(3) "Physician assistant" means a person licensed pursuant to section 20-12b.

(4) "Registered nurse" means a person licensed to practice nursing pursuant to subsection (a) of section 20-87a.

(5) "Tattooing" means marking or coloring, in an indelible manner, the skin of any person by pricking in coloring matter or by producing scars.

(b) No person shall engage in tattooing except a physician, an advanced practice registered nurse rendering service under the direction of a physician, a registered nurse rendering service under the supervision, control and responsibility of a physician, a physician assistant rendering service under the supervision, control and responsibility of a physician, or a technician rendering service under the supervision of a physician in accordance with regulations adopted by the Department of Public Health pursuant to subsection (d) of this section.

(c) No person shall tattoo an unemancipated minor under eighteen years of age without the permission of the parent or guardian of such minor.

(d) The Department of Public Health shall, in accordance with chapter 54, adopt such regulations as are necessary to implement the provisions of this section.

(e) Any person who violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than ninety days, or both.

Sec. 20-9. *(See end of section for amended version of subdivision (17) of subsection (b) and effective date.) Who may practice medicine or surgery. (a) No person shall, for compensation, gain or reward, received or expected, diagnose, treat, operate for or prescribe for any injury, deformity, ailment or disease, actual or imaginary, of another person, nor practice surgery, until he has obtained such a license as provided in section 20-10, and then only in the kind or branch of practice stated in such license.

(b) The provisions of this chapter shall not apply to:

(1) Dentists while practicing dentistry only;

(2) Any person in the employ of the United States government while acting in the scope of his employment;

(3) Any person who furnishes medical or surgical assistance in cases of sudden emergency;

(4) Any person residing out of this state who is employed to come into this state to render temporary assistance to or consult with any physician or surgeon who has been licensed in conformity with the provisions of this chapter;

(5) Any physician or surgeon then actually residing out of this state who is employed to come into this state to treat, operate or prescribe for any injury, deformity, ailment or disease from which the person who employed such physician, or the person on behalf of whom such physician is employed, is suffering at the time when such nonresident physician or surgeon is so employed;

(6) Any person rendering service as (A) an advanced practice registered nurse if such service is rendered in collaboration with a licensed physician, or (B) an advanced practice registered nurse maintaining classification from the American Association of Nurse Anesthetists if such service is under the direction of a licensed physician;

(7) Any nurse-midwife practicing nurse-midwifery in accordance with the provisions of chapter 377;

(8) Any podiatrist licensed in accordance with the provisions of chapter 375;

(9) Any Christian Science practitioner who does not use or prescribe in his practice any drugs, poisons, medicines, chemicals, nostrums or surgery;

(10) Any person licensed to practice any of the healing arts named in section 20-1, who does not use or prescribe in his practice any drugs, medicines, poisons, chemicals, nostrums or surgery;

(11) Any graduate of any school or institution giving instruction in the healing arts who has been issued a permit in accordance with subsection (a) of section 20-11a and who is serving as an intern, resident or medical officer candidate in a hospital;

(12) Any student participating in a clinical clerkship program who has the qualifications specified in subsection (b) of section 20-11a;

(13) Any person, otherwise qualified to practice medicine in this state except that he is a graduate of a medical school located outside of the United States or the Dominion of Canada which school is recognized by the American Medical Association or the World Health Organization, to whom the Connecticut Medical Examining Board, subject to such regulations as the Commissioner of Public Health, with advice and assistance from the board, prescribes, has issued a permit to serve as an intern or resident in a hospital in this state for the purpose of extending his education;

(14) Any person rendering service as a physician assistant licensed pursuant to section 20-12b, a registered nurse, a licensed practical nurse or a paramedic, as defined in subdivision (15) of section 19a-175, acting within the scope of regulations adopted pursuant to section 19a-179, if such service is rendered under the supervision, control and responsibility of a licensed physician;

(15) Any student enrolled in an accredited physician assistant program or paramedic program approved in accordance with regulations adopted pursuant to section 19a-179, who is performing such work as is incidental to his course of study;

(16) Any person who, on June 1, 1993, has worked continuously in this state since 1979 performing diagnostic radiology services and who, as of October 31, 1997, continued to render such services under the supervision, control and responsibility of a licensed physician solely within the setting where such person was employed on June 1, 1993;

*(17) Any person performing athletic training as described in section 19a-16a;

(18) When deemed by the Connecticut Medical Examining Board to be in the public's interest, based on such considerations as academic attainments, specialty board certification and years of experience, to a foreign physician or surgeon whose professional activities shall be confined within the confines of a recognized medical school; or

(19) Any technician engaging in tattooing in accordance with the provisions of section 19a-92a and any regulations adopted there under.

(c) This section shall not authorize anyone to practice optometry, as defined in chapter 380, or to practice dentistry, as defined in chapter 379, or dental hygiene, as defined in chapter 379a.

(d) The provisions of subsection (a) of this section shall apply to any individual whose practice of medicine includes any ongoing, regular or contractual arrangement whereby, regardless of residency in this or any other state, he provides, through electronic communications or interstate commerce, diagnostic or treatment services, including primary diagnosis of pathology specimens, slides or images, to any person located in this state. In the case of electronic transmissions of radiographic images, licensure shall be required for an out-of-state physician who provides, through an ongoing, regular or contractual arrangement, official written reports of diagnostic evaluations of such images to physicians or patients in this state. The provisions of subsection (a) of this section shall not apply to a nonresident physician who, while located outside this state, consults (A) on an irregular basis with a physician licensed by section 20-10 who is located in this state or (B) with a medical school within this state for educational or medical training purposes. Notwithstanding the provisions of this subsection, the provisions of subsection (a) of this section shall not apply to any individual who regularly provides the types of services described in this subsection pursuant to any agreement or arrangement with a short-term acute care general hospital, licensed by the Department of Public Health, provided such agreement or arrangement was entered into prior to February 1, 1996, and is in effect as of October 1, 1996.

(e) On and after October 1, 1999, any person licensed as an osteopathic physician or osteopath pursuant to chapter 371 shall be deemed licensed as a physician and surgeon pursuant to this chapter.

(1949 Rev., S. 4363; 1949, 1951, S. 2191d; 1959, P.A. 393, S. 1; 1971, P.A. 717; 1972, P.A. 80, S. 1; P.A. 75-39, S. 1; P.A. 77-519, S. 4, 6; 77-614, S. 349, 610; P.A. 84-546, S. 157, 173; P.A. 86-20; 86-403, S. 130, 132; P.A. 88-362, S. 1; P.A. 89-389, S. 4, 22; P.A. 90-211, S. 2, 23; P.A. 93-296, S. 7, 10; 93-381, S. 9, 39; P.A. 94-105, S. 2, 4; P.A. 95-98; 95-257, S. 12, 21, 58; P.A. 96-148; P.A. 97-311, S. 17; P.A. 98-43, S. 3; P.A. 98-166, S. 5, 9; June Sp. Sess. P.A. 98-1, S. 18, 121; P.A. 99-102, S. 2; 99-168, S. 5; P.A. 00-47, S. 2.)

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*Note: On and after the later of October 1, 2000, or the date notice is published by the Commissioner of Public Health in the Connecticut Law Journal indicating that the licensing of athletic trainers and physical therapist assistants is being implemented by the commissioner, subdivision (17) of subsection (b) of this section, as amended by section 11 of public act 00-226, is to read as follows:

"(17) Any person practicing athletic training, as defined in section 20-65f."

Sec. 53-41. Tattooing of persons restricted. Section 53-41 is repealed, effective May 23, 1994.

CONNECTICUT LAW JOURNAL

ISSUE: Volume LVI, No. 47

ISSUE DATE: May 23, 1995

SUBJECT: ADMINISTRATIVE REGULATIONS

AGENCY: DEPARTMENT OF PUBLIC HEALTH AND ADDICTION SERVICES

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Conditions for Advanced Practice Registered Nurses, Registered Nurses,
Physician Assistants and Technicians Engaged in Tattooing

Section 1. The Regulations of Connecticut State Agencies are amended by
adding section 19a-92a-1 as follows:

Sec. 19a-92a-1. Conditions for tattooing of human beings

(a) An advanced practice registered nurse, when engaging in the tattooing
of human beings under the direction of a physician or osteopathic physician,
shall do so under the conditions specified in Sections 20-87a-2 through 20-87a-5
of the regulations of Connecticut State Agencies. Said conditions shall apply
even if the directing physician is an osteopathic physician, with the restriction
that medical therapeutics, corrective measures, laboratory tests and other
diagnostic procedures shall be specific to the tattooing activity.

(b) A physician or osteopathic physician exercising supervision, control
and responsibility over a registered nurse engaged in tattooing of human beings
shall provide explicit instructions and clinical training to the registered
nurse with regard to the tattooing of a human being, and document annual
review of the registered nurse's knowledge and clinical competence. Such
documentation shall be available to the department and the local health director upon
request. Said directing physician or osteopathic physician shall provide written
information to the registered nurse specifying situations in which medical
consultation or referral is required. Said physician or osteopathic
physician shall be available to said nurse for direct communication either in person,
by telephone, radio or other form of telecommunication at all times that the
registered nurse is engaged in the tattooing of human beings.

(c) A physician assistant shall, when engaging in the tattooing of human
beings, do so pursuant to the provisions of Sections 20-12c and 20-12d of
the Connecticut General Statutes.

(d) A physician or osteopathic physician supervising a technician engaged
in tattooing human beings shall provide explicit instructions and clinical
training to the technician with regard to the tattooing of a human being and with
regard to sanitation procedures. Annual review of the technician's knowledge and
clinical competence shall be documented by said supervising physician or
osteopathic physician. Such documentation shall be available to the
department and the local health director upon request. Prior to supervising said
technician in rendering the service of tattooing, the supervising physician or
osteopathic physician shall perform and document an on-site inspection of the
technician's site of practice to ensure that appropriate sanitary procedures are in
place. Said inspections shall be repeated at least annually, or more frequently as
necessary to ensure the health and safety of clients. Documentation of
inspections shall be available to the department and the local health
director upon request. Said inspection shall not be delegated by the supervising
physician or osteopathic physician, and shall be carried out while the
technician is on the site of the tattooing activity. Said supervising
physician or osteopathic physician shall provide written information to the technician
specifying situations in which medical consultation or referral is required.
Said physician or osteopathic physician shall be available to said
technician for direct communication either in person, by telephone, radio or other form
of telecommunication at all times that the technician is engaged in the
tattooing of human beings.

Section 2. Section 19a-36-A45 of the Regulations of Connecticut State
Agencies is repealed.

Statement of purpose: To implement Section 1 of Public Act 94-105 by
establishing requirements for engaging in tattooing human beings.

HISTORY:

Be it known that the foregoing regulations are adopted by the aforesaid
agency pursuant to Public Act No. 94-105 of the Public Acts, after
publication in the Connecticut Law Journal on October 18, 1994, of the notice of the
proposal to adopt such regulations, and the holding of an advertised public
hearing on the 16th day of November, 1994.

Wherefore, the foregoing regulations are hereby adopted, effective when
filed with the Secretary of the State.

In Witness Whereof: January 26, 1995, Susan S. Addiss, Commissioner.

Approved by the Attorney General as to legal sufficiency in accordance
with Sec. 4-169, as amended, Connecticut General Statutes: February 27, 1995.

Approved by the Legislative Regulation Review Committee in accordance
with Sec. 4-170, as amended, of the General Statutes: April 18, 1995.

Two certified copies received and filed, and one such copy forwarded to
the Commission on Official Legal Publications in accordance with Sec. 4-172, as
amended, of the General Statutes, Secretary of the State: April 20, 1995.