Point #60: Legislative Update

By Mike Martin

After a great conference I have been having so many thoughts and I’m trying to sort things out. One realization that became quite clear is that legislation on body art is a hot topic all over the world. That seemed to be the subject most talked about at the international meeting, our annual Members’ meeting, and just in general with people I spoke to during the week. Small talk always became legislation talk in some form.

Christina Shull gave us a glimpse of her legislative efforts in Oregon and the progress that was made in that state. She even had two Oregon Health Licensing Agency (OHLA) women join us at Conference: one who works on the state’s testing requirements, and one who works on drafting and creating regulations. They attended the full conference and sat in on many classes, workshops, and roundtable discussions. They were impressed with the event and how much they learned while there.

We heard from Steve Joyner about the legislative efforts he has been involved with throughout the year and all over the USA. Since conference he has been working with Stephanie Segal, Rob Hill, and the Iowa State Health Department researching language used in other state regulations. I also spent time with him and APP Vice President, John Johnson at the National Environmental Health Association (NEHA) conference the following week. We talked to many people from around the country and some were a little surprised to know that I was wearing two hats (Legislation Liaison for APP, and President of the Alliance of Professional Tattooists, APT).

I learned a lot from John Johnson and saw Steve Joyner in action once again. It is amazing how one little word can completely change the meaning of an answer or the asking of a question. Steve is very aware and aggressive when it comes to “little words” that may be spoken or written that could have a long-term impact on our businesses and bottom lines. I wish we could make 50 Steve clones and have one as a representative in each state. I believe it would save the APP money and really help piercers as regulations are being promulgated or updated.

With that thought in mind I also believe that if we could have “State Reps” the APP would have an opportunity to encourage other piercers to get involved with the lawmaking process. APP State Reps would also have access to other piercers in their state and encourage them to join the organization. State reps could keep in touch with other piercers in their region and would be the “goto guys/girls” for matters involving training, legislation, and establishing rapport with local and state legislators.

If you have any thoughts on this approach please share them with us.

Legislation in the United States is a huge undertaking, there are 50 states to be covered and in each state there are multiple counties. For example, in California there are 62 counties. In each county there are multiple cities, towns, and villages–and sometimes they have their own body art regulations to work with. As you can see, the need to have proactive professional piercers leading the way is important. That way no one gets tripped up on that “one little word” that could ruin or change everything. We can talk to legislators and explain to them what we do for a living and help them know the difference between an implant and a surface anchor, a suspension and an energy pull, or a piercing needle and a piercing gun.

Almost all of the states have regulations in some form; many need updating and have begun that process. A couple of states are regulated through the Cosmetology Commission or Board of Cosmetology. The Kansas Board of Cosmetology regulates Kansas, and the Cosmetology Commission regulates South Dakota. Body art in New Mexico is regulated by the Board of Barbers and Cosmetologists. “Thirty-two states have laws that prohibit both body piercing and tattooing on minors without parental permission.”1 Iowa, New Jersey, New Mexico, New Hampshire, and Oregon have no age limits in place. This is a prime time to get involved in “the process” and give back to the industry that puts food on our tables and shoes on our kids.

At this time, the following are the members of our Legislation Committee: Steve Joyner, Christina Shull, Ashley Misako, and myself. If you would like to join our committee or assist us in any way please contact me (legislation@safepiercing.org) or fleshskingrafix@gmail.com, or call my cellphone: 619-719-2291.