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1 New Paragraph; Body Art; Definitions; Establishment. Amend RSA 314-A:1 by inserting after paragraph II the following new paragraph:
II-a. "Establishment" means the physical place where tattooing, body piercing, or branding is practiced. A booth attached to or within an establishment that is operated independently of the establishment shall be subject to separate licensure in the same manner as an establishment. The term "establishment" shall not include temporary structures where a practitioner practices for a limited time.
2 Body Art; License Requirements. Amend RSA 314-A:2, II to read as follows:
II. The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h.
3 Body Art; Rulemaking. Amend RSA 314-A:6, IV to read as follows:
IV. Inspection of body piercing, branding, and tattooing establishments
.
4 New Paragraphs; Body Art; Prohibited Acts. Amend RSA 314-A:7 by inserting after paragraph III the following new paragraphs:
IV. Operate an establishment without an establishment license.
V. Operate an establishment unless such establishment is under the direct supervision and management of a practitioner licensed under this chapter.
5 Body Art; License Revocation and Suspension. RSA 314-A:9 is repealed and reenacted to read as follows:
314-A:9 License Revocation or Suspension.
I. The executive director, in consultation with the advisory board, may undertake disciplinary proceedings:
(a) Upon his or her initiative; or
(b) Upon written complaint of any person which charges that a person or establishment licensed by the board has committed misconduct and the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of the profession;
(c) Unfitness or incompetence by reason of negligent habits; negligent or willful acts performed in a manner inconsistent with the health and safety of persons relying on the expertise of the licensee;
(d) Willful or repeated violation of the provisions of this chapter;
(e) Suspension or revocation of a license, similar to one issued in this chapter in another jurisdiction and not reinstated.
III. The executive director, in consultation with the advisory board, may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation, or restriction of a license;
(c) By revocation of a license;
(d) By requiring the person to participate in a program of continuing education in the area or areas the person has been found deficient;
(e) By imposing an administrative fine in accordance with RSA 314-A:10.
6 New Paragraph; Body Art; Violations; Penalty. Amend RSA 314-A:12 by inserting after paragraph II the following new paragraph:
III. Any person who operates an establishment in New Hampshire without first obtaining an establishment license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
7 New Sections; Body Art; Establishment License; Inspectors. Amend RSA 314-A by inserting after section 14 the following new sections:
314-A:15 Establishment Licensure.
I. Any New Hampshire licensed body art practitioner may obtain an establishment license upon application and fee provided that the establishment meets all requirements in the rules adopted by the executive director. Establishment licenses granted pursuant to this section shall be conspicuously posted within the establishment.
II. In addition to licenses issued under paragraph I, the executive director may issue an establishment license to an owner who does not hold a personal body art license provided that the owner employs a licensed body art practitioner as manager. This section shall not authorize such owner to personally engage in tattooing, body piercing, or branding.
III. The executive director shall grant or deny an establishment an exemption from licensure in accordance with the rules adopted pursuant to this chapter.
314-A:16 Inspectors.
I. The executive director shall employ inspectors and authorize them to enter and inspect any establishment licensed under this chapter for the purpose of ascertaining whether or not the provisions of this chapter and rules adopted thereunder are being observed. Each inspector shall file a report with the executive director of his or her inspection findings and results. Salaries and necessary expenses shall be charged against the office of professional licensure and certification fund established in RSA 310-A:1-e.
II. The executive director shall adopt rules relative to the qualifications of an inspector under this section.
8 Office of Professional Licensure and Certification; New Classified Position; Salary and Expenses.
I. One program inspector, labor grade 21, is hereby established as a classified position in the office of professional licensure and certification.
II. The amount necessary to pay for the salary and necessary expenses of the position established in paragraph I, which shall be in addition to any sums appropriated in 2021, 90:1, 01-21-21-216010-3302, for the division of enforcement, shall be a charge against the office of professional licensure and certification fund established in RSA 310-A:1-e.
9 Effective Date. This act shall take effect January 1, 2023.
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1 New Paragraph; Body Art; Definitions; Establishment. Amend RSA 314-A:1 by inserting after paragraph II the following new paragraph:
II-a. "Establishment" means the physical place where tattooing, body piercing, or branding is practiced. A booth attached to or within an establishment that is operated independently of the establishment shall be subject to separate licensure in the same manner as an establishment. The term "establishment" shall not include temporary structures where a practitioner practices for a limited time.
2 Body Art; License Requirements. Amend RSA 314-A:2, II to read as follows:
II. The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h. Establishments that are licensed as an establishment, shop, or facility by one of the other boards, commissions, or councils attached to the office of professional licensure and certification shall pay a reduced fee for a body art establishment license.
3 Body Art; Rulemaking. Amend RSA 314-A:6, IV to read as follows:
IV. Regulation of establishments, including any special rules for independently operated booths, as follows:
(a) Procedures for issuing, renewing, suspending, revoking, or denying licenses for establishments .
(b) Holding hearings, conducting investigations, whether public or confidential, and issuing orders relating to such hearings and investigations. The contested case provisions of RSA 541-A:31-36 shall apply when a person is aggrieved by a decision of the executive director under this section. Appeals shall be made in accordance with RSA 541.
(c) Conditions, requirements, and standards for operation under an establishment license, including health and safety standards.
(d) The content of application forms and procedures to open, close, relocate, change ownership, or renew an establishment.
(e) Requiring the display of establishment licenses and practitioner identification.
(f) Procedures to grant or deny an establishment exemption.
4 New Paragraphs; Body Art; Prohibited Acts. Amend RSA 314-A:7 by inserting after paragraph III the following new paragraphs:
IV. Operate an establishment without an establishment license.
V. Operate an establishment unless such establishment is under the direct supervision and management of a practitioner licensed under this chapter.
5 Body Art; License Revocation and Suspension. RSA 314-A:9 is repealed and reenacted to read as follows:
314-A:9 License Revocation or Suspension.
I. The executive director, in consultation with the advisory board, may undertake disciplinary proceedings:
(a) Upon his or her initiative; or
(b) Upon written complaint of any person which charges that a person or establishment licensed by the board has committed misconduct and the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of the profession;
(c) Unfitness or incompetence by reason of negligent habits; negligent or willful acts performed in a manner inconsistent with the health and safety of persons relying on the expertise of the licensee;
(d) Willful or repeated violation of the provisions of this chapter;
(e) Suspension or revocation of a license, similar to one issued in this chapter in another jurisdiction and not reinstated.
III. The executive director, in consultation with the advisory board, may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation, or restriction of a license;
(c) By revocation of a license;
(d) By requiring the person to participate in a program of continuing education in the area or areas the person has been found deficient;
(e) By imposing an administrative fine in accordance with RSA 314-A:10.
6 New Paragraph; Body Art; Violations; Penalty. Amend RSA 314-A:12 by inserting after paragraph II the following new paragraph:
III. Any person who operates an establishment in New Hampshire without first obtaining an establishment license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
7 New Sections; Body Art; Establishment License; Inspectors. Amend RSA 314-A by inserting after section 14 the following new sections:
314-A:15 Establishment Licensure.
I. Any New Hampshire licensed body art practitioner may obtain an establishment license upon application and fee provided that the establishment meets all requirements in the rules adopted by the executive director. Establishment licenses granted pursuant to this section shall be conspicuously posted within the establishment.
II. In addition to licenses issued under paragraph I, the executive director may issue an establishment license to an owner who does not hold a personal body art license provided that the owner employs a licensed body art practitioner as manager. This section shall not authorize such owner to personally engage in tattooing, body piercing, or branding.
III. The executive director shall grant or deny an establishment an exemption from licensure in accordance with the rules adopted pursuant to this chapter.
314-A:16 Inspectors.
I. The executive director shall employ inspectors and authorize them to enter and inspect any establishment licensed under this chapter for the purpose of ascertaining whether or not the provisions of this chapter and rules adopted thereunder are being observed. Each inspector shall file a report with the executive director of his or her inspection findings and results. Salaries and necessary expenses shall be charged against the office of professional licensure and certification fund established in RSA 310-A:1-e.
II. The executive director shall adopt rules relative to the qualifications of an inspector under this section.
8 Office of Professional Licensure and Certification; New Classified Position; Salary and Expenses.
I. One program inspector, labor grade 21, is hereby established as a classified position in the office of professional licensure and certification.
II. The amount necessary to pay for the salary and necessary expenses of the position established in paragraph I, which shall be in addition to any sums appropriated in 2021, 90:1, 01-21-21-216010-3302, for the division of enforcement, shall be a charge against the office of professional licensure and certification fund established in RSA 310-A:1-e.
9 Effective Date. This act shall take effect January 1, 2023.