February 25, 1999

Mr. Speaker:

Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to whom has been referred

HOUSE BILL 790

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 3, between lines 10 and 11, insert the following subsection:

"L. "operator" means the owner or his agent in charge of a body art establishment;".

2. Reletter the succeeding subsections accordingly.

3. On page 4, line 14, after "physician" insert "or a person under the supervision of a state-licensed physician".

4. On page 5, lines 12 and 13, strike "fifty dollars ($50.00)" and insert in lieu thereof "one hundred fifty dollars ($150)".

5. On page 6, lines 2 through 7, strike Subsection D in its entirety.

6. Reletter the succeeding subsections accordingly.

7. On page 7, line 14, after "DEPARTMENT" insert

"--EXEMPTION".

8. On page 7, line 15, after "shall" insert "annually".

9. On page 8, line 10, after the period insert:

"The department shall return any samples of equipment or supplies after the investigation is completed.".

10. On page 8, between lines 10 and 11, insert the following subsection:

"C. A person who pierces only the outer perimeter and lobe of the ear using a pre-sterilized encapsulated single use stud ear piercing system, implementing appropriate procedures, shall be exempt from the requirements of the Body Art Safe Practices Act. A person who uses these ear piercing systems must conform to the manufacturer's directions on use and applicable United States food and drug administration requirements. All ear piercers must employ handwashing or use of an antibacterial gel and wear disposable medical gloves, which are to be discarded after use for each customer. The department may investigate consumer complaints relating to alleged misuse or improper procedures involving ear piercing systems.".

11. On page 10, line 17, strike "operator" and insert in lieu thereof "employee".

12. On page 12, lines 9 through 12, strike Subsection A. in its entirety.

13. Reletter the succeeding subsection.

14. On page 12, line 16, strike "operator" and insert in lieu thereof "employee".

15. On page 12, line 17, strike "person or operator" and insert in lieu thereof "employee".

16. On page 14, between lines 6 and 7, insert the following new section:

"Section 16. RULES.--The department shall promulgate any necessary rules to implement the provisions of the Body Art Safe Practices Act.".,

and thence referred to the APPROPRIATIONS & FINANCE COMMITTEE.

Respectfully submitted,

Patsy Trujillo Knauer, Chairwoman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 6 For 0 Against

Yes: 6

Excused: Vigil

Absent: None

.128078.4

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