First Regular Session
Sixty-second General Assembly
LLS NO. 99-0595.02 Robert Neill HOUSE BILL 99-1302
STATE OF COLORADO
BY REPRESENTATIVE Tupa;
ALSO SENATOR Epps.
HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING STATE REGULATION OF BODY ART PRACTICES TO ENSURE
102 PUBLIC SAFETY.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Provides that state regulation of body art practices is necessary to
ensure that body artists are utilizing safe practices and techniques in
sanitary environments to protect the people of this state against the
transmission of blood-borne pathogens, disease, infection, and viruses by
persons performing body art, including, but not limited to, tattooing and
body piercing.
Provides for licensing, permitting, and inspection of permanent
body art establishments, mobile body art vehicles, and temporary special
event body art facilities, as well as registration of body artists, to assure
safe practices and minimize the risks of disease.
Delegates to the department of public health and environment in
conjunction with the local boards of health the authority to license,
inspect, and suspend body art facilities, to promulgate rules governing
body artists and facilities, including the safety and sanitary conditions of
the physical environment where said procedures are practiced, the safety
and sterilization of equipment utilized in said procedures, the registration
of body artists, and the minimum requirements in education in the
prevention of transmission of blood-borne pathogens for individual body
artists. Requires the department to establish fees for licensing and
permitting of permanent body art establishments, mobile body art
vehicles, and temporary special event body art facilities.
Defines body art as the practice of physical body adornment by
artists using body piercing and tattooing, but does not include ear
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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piercing. Establishes that it is unlawful to perform any body art
procedure on another person who is visibly intoxicated or under the
influence of a controlled substance.
Creates the body art cash fund for fees collected by the department
to administer this article. Enables the department or local board of health
to suspend or revoke a license or permit for violations of this article or
rules promulgated pursuant to this article or any of the terms, conditions,
or provisions of such license or registration.
Creates civil penalties for violations of the article or rules of the
department based on the seriousness of the danger to public health caused
by the violation, the duration of the violation, and whether similar
violations had previously been committed by the licensee. Provides for
judicial review of any final order of the department or local board of
health.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 12, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 8.5
5 Body Artists
6 12-8.5-101. Legislative declaration. THE GENERAL ASSEMBLY
7 HEREBY FINDS AND DECLARES THAT, IN ORDER TO SAFEGUARD THE LIFE,
8 HEALTH, AND PUBLIC WELFARE OF THE PEOPLE OF THIS STATE AND IN
9 ORDER TO PROTECT THE PEOPLE OF THIS STATE AGAINST UNAUTHORIZED
10 BODY ART PRACTICES AND AGAINST UNHYGIENIC, UNSANITARY, AND
11 UNSAFE PERMANENT BODY ART ESTABLISHMENTS, MOBILE BODY ART
12 VEHICLES, AND TEMPORARY SPECIAL EVENT BODY ART FACILITIES,
13 REGULATION OF BODY ART PRACTICES IS NECESSARY. THE PRACTICES OF
14 BODY ART, INCLUDING, BUT NOT LIMITED TO, TATTOOING AND BODY
15 PIERCING, UTILIZE SUBCUTANEOUS PIERCING PROCEDURES THAT PRESENT
16 A SIGNIFICANT RISK TO THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC
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1 THROUGH THE POSSIBILITY OF THE TRANSMISSION OF BLOOD-BORNE
2 PATHOGENS, DISEASE, INFECTION, AND VIRUSES; AND THE NATIONAL
3 CENTER FOR DISEASE CONTROL HAS DOCUMENTED REPORTS OF OUTBREAKS
4 OF HEPATITIS B ASSOCIATED WITH TATTOOING AND BODY PIERCING. THESE
5 SIGNIFICANT RISKS TO THE PUBLIC'S HEALTH, SAFETY, AND WELFARE
6 NECESSITATE UNIFORM RULES FOR PERMANENT BODY ART
7 ESTABLISHMENTS, MOBILE BODY ART VEHICLES, AND TEMPORARY SPECIAL
8 EVENT BODY ART FACILITIES. THE GENERAL ASSEMBLY FURTHER FINDS,
9 DETERMINES, AND DECLARES THAT THE PROVISIONS OF THIS ARTICLE ARE
10 OF SUFFICIENT IMPORTANCE THAT THIS ARTICLE IS ENACTED
11 NOTWITHSTANDING THE REQUIREMENTS OF SECTION 24-34-104.1, C.R.S.
12 12-8.5-102. Purpose and declaration of policy. (1) IT IS HEREBY
13 DECLARED AS A MATTER OF PUBLIC POLICY THAT THE PROTECTION OF THE
14 HEALTH, SAFETY, AND WELFARE OF THE PUBLIC FROM THE DANGERS OF
15 BLOOD-BORNE PATHOGENS PRESENT IN THE PRACTICES AND PROCEDURES
16 OF BODY ART CALLS FOR THE CONTINUAL REVIEW, IMPLEMENTATION, AND
17 UTILIZATION OF THE LATEST SCIENTIFIC DEVELOPMENTS IN SAFETY
18 PRECAUTIONS.
19 (2) THE PURPOSE OF THIS ARTICLE IS TO:
20 (a) INCLUDE ALL BODY ART PRACTICES, INCLUDING, BUT NOT
21 LIMITED TO, TATTOOING AND BODY PIERCING, THAT PRESENT LEGITIMATE
22 HEALTH CONCERNS UNDER THE SAME HEALTH REGULATIONS;
23 (b) ASSURE THAT BODY ARTISTS ARE UTILIZING SAFE PRACTICES
24 AND TECHNIQUES IN SAFE AND SANITARY ENVIRONMENTS SO AS TO
25 MINIMIZE ANY RISK OF THE TRANSMISSION OF BLOOD-BORNE PATHOGENS;
26 (c) PROVIDE FOR THE REVIEW AND INSPECTION OF PERMANENT
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1 BODY ART ESTABLISHMENTS, MOBILE BODY ART VEHICLES, AND
2 TEMPORARY SPECIAL EVENT FACILITIES, SO AS TO ENSURE SAFE AND
3 SANITARY PROCEDURES AND ENVIRONMENTS;
4 (d) DELEGATE TO THE DEPARTMENT OF PUBLIC HEALTH AND
5 ENVIRONMENT, IN CONJUNCTION WITH LOCAL HEALTH DEPARTMENTS AND
6 BOARDS OF HEALTH, THE DUTY OF REGULATING THE SAFETY PRACTICES
7 AND PROCEDURES OF THE VARIOUS BODY ART DISCIPLINES, THE SAFETY
8 AND SANITARY CONDITIONS OF THE PHYSICAL ENVIRONMENT WHERE SAID
9 PROCEDURES ARE PRACTICED, THE SAFETY AND STERILIZATION OF
10 EQUIPMENT UTILIZED IN SAID PROCEDURES, AND THE MINIMUM
11 REQUIREMENTS FOR EDUCATION IN UNIVERSAL PRECAUTIONS FOR THE
12 PREVENTION OF TRANSMISSION OF BLOOD-BORNE PATHOGENS FOR
13 INDIVIDUAL BODY ARTISTS;
14 (e) DELEGATE TO THE LOCAL BOARDS OF HEALTH THE DUTY AND
15 AUTHORITY TO LICENSE PERMANENT BODY ART ESTABLISHMENTS, MOBILE
16 BODY ART VEHICLES, AND TEMPORARY SPECIAL EVENT BODY ART
17 FACILITIES AND TO REGISTER BODY ARTISTS PURSUANT TO RULES
18 PROMULGATED BY THE DEPARTMENT OF PUBLIC HEALTH AND
19 ENVIRONMENT;
20 (f) DELEGATE TO THE DEPARTMENT OF PUBLIC HEALTH AND
21 ENVIRONMENT AND EACH LOCAL BOARD OF HEALTH, AND ITS DULY
22 AUTHORIZED REPRESENTATIVES, THE DUTY AND AUTHORITY TO ACT
23 QUICKLY SO AS TO PREVENT AND ABATE IMMINENT HAZARDS TO THE
24 HEALTH, WELFARE, OR SAFETY OF CLIENTS OF BODY ARTISTS AND THE
25 GENERAL PUBLIC, INCLUDING, BUT NOT LIMITED TO, THE AUTHORITY TO
26 ISSUE APPROPRIATE ORDERS TO THE BODY ARTISTS, OWNERS, OR LOCAL
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1 ADMINISTRATORS OF BODY ART ESTABLISHMENTS, MOBILE BODY ART
2 VEHICLES, AND TEMPORARY BODY ART FACILITIES, AND TO SUMMARILY
3 SUSPEND OPERATIONS WHEN AND WHERE REASONABLY NECESSARY.
4 12-8.5-103. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
5 CONTEXT OTHERWISE REQUIRES:
6 (1) "BODY ART" MEANS THE PRACTICE OF PHYSICAL BODY
7 ADORNMENT BY ESTABLISHMENTS AND ARTISTS UTILIZING TECHNIQUES
8 INCLUDING, BUT NOT LIMITED TO, BODY PIERCING AND TATTOOING. "BODY
9 ART" DOES NOT INCLUDE EAR PIERCING.
10 (2) "BODY ART ESTABLISHMENT" MEANS ANY PERMANENT
11 BUILDING, PLACE, PREMISES, OR STRUCTURE, WHETHER PRIVATE OR
12 PUBLIC, WHERE BODY ART PROCEDURES ARE PERFORMED.
13 (3) "BODY ARTIST" MEANS ANY PERSON WHO CONDUCTS OR
14 PRACTICES BODY ART PROCEDURES ON ANOTHER LIVING HUMAN BEING.
15 (4) "BODY PIERCING" MEANS PUNCTURING OR PENETRATING THE
16 SKIN OR OTHER BODY PARTS OF A PERSON USING NEEDLES AND THE
17 TEMPORARY INSERTION OF JEWELRY OR OTHER ADORNMENT IN THE
18 OPENING, SO THAT THE RESULT IS THE JEWELRY OR ADORNMENT CAN BE
19 EASILY, FREQUENTLY, AND REASONABLY REMOVED BY THE CLIENT
20 WITHOUT AN ADDITIONAL PROCEDURE. THIS INCLUDES, BUT IS NOT
21 LIMITED TO, THE PIERCING OF THE NAVEL, EYEBROW, GENITALIA, LIP,
22 NIPPLE, NOSE, OR TONGUE. BODY PIERCING DOES NOT INCLUDE EAR
23 PIERCING.
24 (5) "CLIENT" MEANS THE PERSON HAVING THE BODY ART
25 PROCEDURE PERFORMED UPON HIS OR HER BODY.
26 (6) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
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1 AND ENVIRONMENT.
2 (7) "EAR PIERCING" MEANS THE PROCEDURE OR PRACTICE OF
3 PUNCTURING THE OUTER PERIMETER OR LOBE OF THE EAR USING A
4 PRESTERILIZED, SINGLE-USE STUD EAR-PIERCING SYSTEM, WHILE
5 FOLLOWING THE GUIDELINES OF THE ADMINISTRATOR, THE SYSTEM'S
6 MANUFACTURER'S DIRECTIONS ON USE, AND APPLICABLE UNITED STATES
7 FOOD AND DRUG ADMINISTRATION REQUIREMENTS.
8 (8) "EQUIPMENT" MEANS ALL MACHINERY, INCLUDING FIXTURES,
9 CONTAINERS, VESSELS, TOOLS, DEVICES, IMPLEMENTS, FURNITURE,
10 DISPLAY AND STORAGE AREAS, SINKS, AND ALL OTHER APPARATUS AND
11 APPURTENANCES USED IN CONNECTION WITH THE OPERATION OF A
12 PERMANENT BODY ART ESTABLISHMENT, MOBILE BODY ART VEHICLE, OR
13 TEMPORARY SPECIAL EVENT BODY ART FACILITY.
14 (9) "LICENSE" MEANS WRITTEN APPROVAL BY THE DEPARTMENT OF
15 PUBLIC HEALTH AND ENVIRONMENT TO OPERATE A PERMANENT BODY ART
16 ESTABLISHMENT, MOBILE BODY ART VEHICLE, OR TEMPORARY SPECIAL
17 EVENT BODY ART FACILITY.
18 (10) "LOCAL BOARD OF HEALTH" MEANS A COUNTY OR DISTRICT
19 HEALTH DEPARTMENT ESTABLISHED PURSUANT TO PART 5 OF ARTICLE 1 OF
20 TITLE 25, C.R.S.
21 (11) "MOBILE BODY ART VEHICLE" MEANS ANY MOTOR VEHICLE,
22 INCLUDING, BUT NOT LIMITED TO, ANY BUS, RECREATIONAL VEHICLE,
23 TRAILER, TRUCK, OR VAN, WHERE BODY ART PROCEDURES ARE
24 PERFORMED.
25 (12) "PERMIT" MEANS WRITTEN APPROVAL BY THE PUBLIC HEALTH
26 ADMINISTRATOR FOR A BODY ARTIST, WHILE AT A SPECIAL EVENT, TO
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1 PERFORM BODY ART PROCEDURES OR OPERATE A TEMPORARY SPECIAL
2 EVENT BODY ART FACILITY.
3 (13) "REGISTRATION" MEANS THE APPLICATION TO AND WRITTEN
4 APPROVAL OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN
5 CONJUNCTION WITH LOCAL HEALTH DEPARTMENTS AND BOARDS OF
6 HEALTH TO PERFORM BODY ART PROCEDURES FOR AN INDIVIDUAL.
7 (14) "SPECIAL EVENT" MEANS ANY SINGLE EVENT OR
8 CELEBRATION, INCLUDING, BUT NOT LIMITED TO, FESTIVALS, FAIRS,
9 CARNIVALS, HOLIDAY CELEBRATIONS, PARADES, PUBLIC EVENTS, OR
10 SIMILAR GATHERINGS OF A TEMPORARY NATURE.
11 (15) "TATTOO", "TATTOOED", OR "TATTOOING" MEANS INSERTING
12 PIGMENT UNDER THE SURFACE OF THE HUMAN SKIN BY PRICKING WITH A
13 NEEDLE, OR OTHERWISE, TO PERMANENTLY CHANGE THE COLOR OR
14 APPEARANCE OF THE HUMAN SKIN OR TO PRODUCE AN INDELIBLE MARK OR
15 FIGURE VISIBLE THROUGH THE HUMAN SKIN. EXAMPLES OF THIS
16 TECHNIQUE INCLUDE, BUT ARE NOT LIMITED TO, EYELINER, LIP COLOR, LIP
17 LINER, CAMOUFLAGE, STENCIL DESIGNS, AND FREE HAND DESIGNS.
18 (16) "TEMPORARY SPECIAL EVENT BODY ART FACILITY" MEANS
19 ANY BOOTH, BUILDING, ROOM, SHOP, STORE, STRUCTURE, OR PORTION
20 THEREOF WHERE BODY ART PROCEDURES ARE TEMPORARILY PERFORMED.
21 (17) "UNIVERSAL PRECAUTIONS" MEANS A SET OF GUIDELINES AND
22 CONTROLS PUBLISHED BY THE CENTERS FOR DISEASE CONTROL AND
23 PREVENTION FOR THE PREVENTION OF TRANSMISSION OF HUMAN
24 IMMUNODEFICIENCY VIRUS (HIV), HEPATITIS B AND C, AND OTHER
25 BLOOD-BORNE PATHOGENS.
26 12-8.5-104. Department as licensing, registration, and
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1 inspection agency. FOR THE PURPOSE OF REGULATING AND CONTROLLING
2 BODY ARTISTS, PERMANENT BODY ART ESTABLISHMENTS, MOBILE BODY
3 ART VEHICLES, AND TEMPORARY SPECIAL EVENT BODY ART FACILITIES,
4 ESTABLISHING SAFE AND SANITARY CONDITIONS THEREIN, AND THE
5 ENFORCEMENT AND ADMINISTRATION OF THIS ARTICLE, THE DEPARTMENT
6 IS HEREBY AUTHORIZED AS THE STATE LICENSING, REGISTRATION, AND
7 INSPECTION AGENCY.
8 12-8.5-105. Powers and duties of department. (1) IN ADDITION
9 TO ANY OTHER POWERS AND DUTIES, THE DUTIES AND AUTHORITY OF THE
10 DEPARTMENT SHALL BE AS FOLLOWS:
11 (a) TO PROMULGATE RULES PURSUANT TO ARTICLE 4 OF TITLE 24,
12 C.R.S., FOR THE IMPLEMENTATION OF THIS ARTICLE GOVERNING THE
13 SAFETY PRACTICES AND PROCEDURES OF THE VARIOUS BODY ART
14 DISCIPLINES, THE SAFETY AND SANITARY CONDITIONS OF THE PHYSICAL
15 ENVIRONMENT WHERE SAID PROCEDURES ARE PRACTICED, THE SAFETY
16 AND STERILIZATION OF EQUIPMENT UTILIZED IN SAID PROCEDURES, THE
17 REGISTRATION OF BODY ARTISTS, THE MINIMUM REQUIREMENTS FOR
18 EDUCATION IN UNIVERSAL PRECAUTIONS FOR THE PREVENTION OF
19 TRANSMISSION OF BLOOD-BORNE PATHOGENS FOR INDIVIDUAL BODY
20 ARTISTS, AND OTHER RULES AS THE DEPARTMENT DEEMS NECESSARY;
21 (b) TO ESTABLISH FEES FOR THE LICENSING AND PERMITTING OF
22 PERMANENT BODY ART ESTABLISHMENTS, MOBILE BODY ART VEHICLES,
23 AND TEMPORARY SPECIAL EVENT BODY ART FACILITIES;
24 (c) TO GRANT, REFUSE, SUSPEND, OR REVOKE LICENSES AND
25 PERMITS FOR PERMANENT BODY ART ESTABLISHMENTS, MOBILE BODY ART
26 VEHICLES, AND TEMPORARY SPECIAL EVENT BODY ART FACILITIES;
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1 (d) TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND THE RULES
2 PROMULGATED UNDER THIS ARTICLE;
3 (e) TO PROMULGATE RULES REGARDING INSPECTION OF ALL PLACES
4 LICENSED OR PERMITTED, AND THE DEPARTMENT SHALL HAVE THE RIGHT
5 TO ENTER SUCH PLACES DURING BUSINESS HOURS AND AT OTHER TIMES
6 DURING WHICH ACTIVITY IS EVIDENT TO CONDUCT INSPECTIONS AND
7 INTERVENTION RELATED TO BODY ART SAFETY AND THE PROTECTION OF
8 PUBLIC HEALTH;
9 (f) TO HEAR AND DETERMINE ALL COMPLAINTS AGAINST LICENSES
10 AND TO ADMINISTER OATHS AND ISSUE SUBPOENAS TO REQUIRE THE
11 PRESENCE OF ANY PERSON NECESSARY TO THE DETERMINATION OF ANY
12 SUCH HEARING;
13 (g) TO DELEGATE TO LOCAL BOARDS OF HEALTH THE POWERS AND
14 DUTIES DESCRIBED IN PARAGRAPHS (c), (d), (e), (f), AND (i) OF THIS
15 SUBSECTION (1);
16 (h) TO DEVELOP AND ENFORCE STANDARDS OF PROGRAM CONDUCT
17 AND PERFORMANCE TO BE FOLLOWED AND ADHERED TO BY EMPLOYEES OF
18 THE DEPARTMENT AND LOCAL BOARD OF HEALTH; AND
19 (i) TO PROVIDE TECHNICAL ASSISTANCE, TRAINING,
20 STANDARDIZATION, PROGRAM EVALUATION, AND OTHER SERVICES
21 NECESSARY TO ASSURE THE UNIFORM INTERPRETATION AND APPLICATION
22 OF RULES PROMULGATED UNDER THIS ARTICLE.
23 12-8.5-106. Licenses - permits - fees. THE DEPARTMENT SHALL
24 ESTABLISH FEES FOR LICENSING AND PERMITTING OF PERMANENT BODY
25 ART ESTABLISHMENTS, MOBILE BODY ART VEHICLES, AND TEMPORARY
26 SPECIAL EVENT BODY ART FACILITIES AND FOR RENEWAL OF SUCH
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1 LICENSES AND PERMITS. THE DEPARTMENT MAY ESTABLISH FEES FOR THE
2 REGISTRATION OF BODY ARTISTS. THE AMOUNTS OF SUCH FEES SHALL
3 REFLECT THE DIRECT AND INDIRECT COSTS TO THE DEPARTMENT AND THE
4 LOCAL BOARDS OF HEALTH IN THE ADMINISTRATION AND ENFORCEMENT
5 OF THE RULES PROMULGATED PURSUANT TO THIS ARTICLE.
6 12-8.5-107. Disciplinary actions - revocation - suspension -
7 review. (1) THE DEPARTMENT OR LOCAL BOARD OF HEALTH MAY, ON ITS
8 OWN MOTION OR ON COMPLAINT AND AFTER AN INVESTIGATION AND
9 HEARING AT WHICH THE LICENSEE IS AFFORDED AN OPPORTUNITY TO BE
10 HEARD, SUSPEND OR REVOKE A LICENSE OR PERMIT FOR ANY VIOLATION OF
11 THIS ARTICLE, ANY RULE ADOPTED PURSUANT TO THIS ARTICLE, OR ANY OF
12 THE TERMS, CONDITIONS, OR PROVISIONS OF SUCH LICENSE OR
13 REGISTRATION. A WRITTEN NOTICE OF SUSPENSION OR REVOCATION, AS
14 WELL AS ANY REQUIRED NOTICE OF HEARING, SHALL BE SENT BY CERTIFIED
15 MAIL TO THE LICENSEE AT THE ADDRESS STATED ON THE LICENSE OR
16 REGISTRATION.
17 (2) THE REVOCATION AND SUSPENSION OF A LICENSE OR
18 REGISTRATION SHALL BE IN ADDITION TO ANY OTHER PENALTIES
19 PRESCRIBED BY THIS ARTICLE. NO SUSPENSION SHALL BE FOR A PERIOD
20 LONGER THAN SIX MONTHS. WHEN A LICENSE OR REGISTRATION IS
21 SUSPENDED OR REVOKED, NO PART OF THE FEES PAID FOR A LICENSE SHALL
22 BE RETURNED TO THE LICENSEE OR REGISTRANT.
23 (3) ANY SUSPENSION OR REVOCATION OF A LICENSE OR
24 REGISTRATION MAY BE REVIEWED BY ANY COURT OF GENERAL
25 JURISDICTION OVER THE BODY ART ESTABLISHMENT FOR WHICH THE
26 APPLICATION FOR LICENSE OR REGISTRATION WAS MADE. IF SUCH COURT
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1 DETERMINES THAT SUCH SUSPENSION OR REVOCATION WAS WITHOUT GOOD
2 CAUSE, IT SHALL ORDER THE DEPARTMENT TO REINSTATE SUCH LICENSE OR
3 REGISTRATION.
4 12-8.5-108. Unlawful acts. (1) IT IS UNLAWFUL FOR:
5 (a) ANY PERSON TO PERFORM ANY BODY ART PROCEDURE ON ANY
6 PERSON WHO IS NOTICEABLY INTOXICATED OR UNDER THE INFLUENCE OF
7 A CONTROLLED SUBSTANCE;
8 (b) ANY PERSON TO OPERATE A BODY ART ESTABLISHMENT
9 WITHOUT A VALID LICENSE FROM THE DEPARTMENT OR LOCAL BOARD OF
10 HEALTH HAVING JURISDICTION OVER SUCH FACILITY;
11 (c) ANY PERSON TO VIOLATE THIS ARTICLE AND ANY RULES
12 PROMULGATED PURSUANT TO THIS ARTICLE;
13 (d) ANY PERSON OR BODY ART ESTABLISHMENT TO REFUSE TO
14 PERMIT ENTRY INTO SUCH BODY ART ESTABLISHMENT BY THE DEPARTMENT
15 OR LOCAL BOARD OF HEALTH FOR THE PURPOSE OF INSPECTION AND
16 LICENSURE;
17 (e) ANY PERSON TO FAIL TO PAY A CIVIL PENALTY ASSESSED BY
18 THE DEPARTMENT OR LOCAL BOARD OF HEALTH.
19 12-8.5-109. Violations - civil penalty. (1) UPON A FINDING BY
20 THE DEPARTMENT OR LOCAL BOARD OF HEALTH THAT A BODY ART
21 ESTABLISHMENT IS IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE, THE
22 DEPARTMENT OR LOCAL BOARD OF HEALTH, WHICHEVER IS THE
23 DETERMINING BODY OF SUCH VIOLATION, MAY ASSESS A PENALTY OF UP TO
24 FIFTY DOLLARS FOR EACH DAY OF VIOLATION. IN DETERMINING THE
25 AMOUNT OF THE PENALTY TO BE ASSESSED, THE DETERMINING BODY SHALL
26 CONSIDER THE SERIOUSNESS OF THE DANGER TO THE HEALTH OF THE
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1 PUBLIC CAUSED BY THE VIOLATION, THE DURATION OF THE VIOLATION,
2 AND WHETHER THE LICENSEE OF THE BODY ART ESTABLISHMENT HAS
3 PREVIOUSLY BEEN DETERMINED TO HAVE COMMITTED A SIMILAR
4 VIOLATION.
5 (2) A BODY ART ESTABLISHMENT LICENSEE SUBJECT TO A PENALTY
6 ASSESSED PURSUANT TO SUBSECTION (1) OF THIS SECTION MAY APPEAL THE
7 PENALTY TO THE DEPARTMENT OR LOCAL BOARD OF HEALTH, WHICHEVER
8 BODY ASSESSED THE PENALTY, BY REQUESTING A HEARING BEFORE THE
9 APPROPRIATE BODY. SUCH A REQUEST SHALL BE FILED WITHIN THIRTY
10 DAYS AFTER THE PENALTY ASSESSMENT IS ISSUED. A HEARING BEFORE THE
11 DEPARTMENT OR LOCAL BOARD OF HEALTH PURSUANT TO THIS SUBSECTION
12 (2) SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 24-4-105,
13 C.R.S.
14 12-8.5-110. Judicial review. ANY FINAL ORDER OR
15 DETERMINATION BY THE DEPARTMENT OR LOCAL BOARD OF HEALTH
16 PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO JUDICIAL REVIEW IN
17 ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S.
18 SECTION 2. 25-1-107 (1), Colorado Revised Statutes, is
19 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
20 25-1-107. Powers and duties of the department - repeal.
21 (1) The department has, in addition to all other powers and duties
22 imposed upon it by law, the following powers and duties:
23 (ii) TO CARRY OUT THE DUTIES PRESCRIBED IN ARTICLE 8.5 OF
24 TITLE 12, C.R.S.
25 SECTION 3. 25-1-507 (1), Colorado Revised Statutes, is
26 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
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1 25-1-507. Powers and duties of boards of health. (1) In addition
2 to all other powers and duties conferred and imposed upon county and
3 district boards of health by the provisions of this part 5, such boards have
4 and exercise the following specific powers and duties:
5 (i) TO CARRY OUT THE DUTIES DELEGATED BY THE DEPARTMENT OF
6 PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO ARTICLE 8.5 OF TITLE
7 12, C.R.S.
8 SECTION 4. Safety clause. The general assembly hereby finds,
9 determines, and declares that this act is necessary for the immediate
10 preservation of the public peace, health, and safety.