To direct the Secretary of Health to adopt safety requirements for preventing the spread of disease and the sterilization of needles and instruments used by a person who practices body piercing or body art. Anyone practicing body piercing or body art must comply with adopted regulations. See companion SB 5860.   Official Text and Analysis.

To direct DOH to adopt rules, in accordance with nationally recognized professional standards for sterilization of instruments used in body piercing or tattooing, and other precautions against the spread of disease. Violation of such rules will be a misdemeanor, and considered negligence per se. Any person practicing body art, body piercing, or tattooing: (1) must comply with the rules adopted by DOH; (2) must register annually with the Department of Licensing (DOL); (3) may be disciplined pursuant to Uniform Regulation of Business and Professions Act; and (4) is subject to civil penalties and the consumer protection act. DOL is authorized to investigate complaints concerning persons engaging in the business of body art, body piercing, or tattooing. A person engaging in the business of body art, body piercing, or tattooing must file a written report containing certain information to DOL and DOH within 70 hours of becoming aware of an infection or allergic reaction resulting from the person's tattooing, body piercing, or body artistry.

To change the term "body art" to "body modification" and includes body piercing activities in the definition of "body modification." Removes the exclusion of stud and clasp piercing systems that pierce the earlobe from the definition of "body piercing." Changes the phrase "standard universal precautions" to "standard precautions." Requires the Secretary of Health's rules regarding sterilization procedures to be in accordance with the standards of the American National Standards Institute and the Association for the Advancement of Medical Instrumentation.

To require the Department of Health to study the body modification profession to determine whether or not it should be regulated. Requires the Department to report its recommendations to the Legislature by January 1, 2009.