"Body piercing" means perforating any human body part or human tissue, except an ear, and placing a foreign object in the perforation in order to prevent the perforation from closing.
"Body-piercing establishment" means the premises where a body piercer performs body piercing.
(2) Department; duty.
Except as provided in ss. 250.041
, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.
(3) License required.
Except as provided in sub. (5)
, no person may pierce the body of or attempt to pierce the body of another, designate or represent himself or herself as a body piercer or use or assume the title "body piercer" unless the person is licensed under this section.
(4) Rule making.
The department shall promulgate all of the following as rules:
Except as provided in ss. 250.041
, standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section.
Standards for the performance of body piercing by a licensed body piercer and for the maintenance of a licensed body-piercing establishment, which will promote safe and adequate care and treatment for individuals who receive body piercing and eliminate or greatly reduce the danger of exposure by these individuals to communicable disease or infection.
This section does not apply to a dentist who is licensed under s. 447.03 (1)
or to a physician who pierces the body of or offers to pierce the body of a person in the course of the dentist's or physician's professional practice.
See also chs. DHS 173
and Med 15
, Wis. adm. code.
Denial, nonrenewal and revocation of license based on tax delinquency. 252.241(1)
Except as provided in sub. (1m)
, the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing a license under s. 252.23 (2)
or (4) (a)
or 252.24 (2)
or (4) (a)
If an individual who applies for or to renew a license under sub. (1)
does not have a social security number, the individual, as a condition of obtaining the license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
The department may not disclose any information received under sub. (1)
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
Except as provided in sub. (1m)
, the department shall deny an application for the issuance or renewal of a license specified in sub. (1)
if the applicant does not provide the information specified in sub. (1)
The department shall deny an application for the issuance or renewal of a license specified in sub. (1)
, or shall revoke the license specified in sub. (1)
, if the department of revenue certifies under s. 73.0301
that the applicant for or holder of the license is liable for delinquent taxes.
History: 1997 a. 237
; 1999 a. 9
; 2007 a. 20
Agent status for local health departments. 252.245(1)(1)
In the administration and enforcement of ss. 252.23
, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing licenses to and making investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. In a jurisdictional area of a local health department without agent status, the department of health services may issue licenses, collect license fees established by rule under ss. 252.23 (4) (a)
and 252.24 (4) (a)
and make investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. If the department designates a local health department as its agent, the department or local health department may require no license for the same operations other than the license issued by the local health department under this subsection. If the designation is made and the services are furnished, the department shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area.
A local health department designated as the department's agent under this section shall meet standards promulgated under ss. 252.23 (4) (a)
and 252.24 (4) (a)
. The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department designated as the department's agent fails to meet the standards, the department of health services may revoke its agent status.
The department shall provide education and training to agents designated under this section to ensure uniformity in the enforcement of s. 252.23
and rules promulgated under s. 252.23
Except as provided in sub. (4m)
, a local health department designated as the department's agent under this section shall establish and collect the license fee for each tattooist or tattoo establishment and for each body piercer or body-piercing establishment. The local health department may establish separate fees for preinspections of new tattoo or body-piercing establishments, for preinspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate licenses. No fee may exceed the local health department's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooists and tattoo establishments or body piercers and body-piercing establishments, plus the state fee established under sub. (9)
A local health department designated as the department's agent under this section may contract with the department of health services for the department of health services to collect fees and issue licenses under s. 252.23
. The department shall collect from the local health department the actual and reasonable cost of providing the services.
If, under this section, a local health department becomes an agent or its agent status is discontinued during a licensee's license year, the department of health services and the local health department shall divide any license fee paid by the licensee for that license year according to the proportions of the license year occurring before and after the local health department is designated as an agent or the agent status is discontinued. No additional fee may be required during the license year due to the change in agent status.
A village, city or county may enact ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this section, which are stricter than s. 252.23
or rules promulgated by the department of health services under s. 252.23
. No such provision may conflict with s. 252.23
or with department rules.
This section does not limit the authority of the department to inspect establishments in jurisdictional areas of local health departments that are designated as agents if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health department's licensing, inspection and enforcement program or at the request of the local health department.
The department shall hold a hearing under ch. 227
if, in lieu of proceeding under ch. 68
, any interested person in the jurisdictional area of a local health department that is designated as the department's agent under this section appeals to the department of health services alleging that a license fee for a tattooist or tattooist establishment or for a body piercer or body-piercing establishment exceeds the license issuer's reasonable costs of issuing licenses to, making investigations and inspections of, and providing education, training and technical assistance to the tattooist or tattooist establishment or to the body piercer or body-piercing establishment.
The department shall promulgate rules establishing state fees for its costs related to setting standards under ss. 252.23
and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health departments shall include the state fees in the license fees established under sub. (4)
, collect the state fees and reimburse the department for the state fees collected. For tattooists or tattoo establishments and for body piercers or body-piercing establishments, the state fee may not exceed 20% of the license fees established under s. 252.23 (4) (a)
or 252.24 (4) (a)
Violation of law relating to health.
Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
History: 1981 c. 291
; 1993 a. 27
; Stats. 1993 s. 252.25.