§ 4101. Definitions

As used in this chapter:

(1) "Anatomical reproduction" is the practice of restoring the appearance of a portion of a person's body after surgery, accident, or other trauma.

(2) "Director" means the Director of the Office of Professional Regulation.

(3) "Disciplinary action" includes any action taken by an administrative law officer against a licensed tattooist or applicant premised on a finding of unprofessional conduct. Disciplinary action includes all appropriate remedies, including denial of an application for or renewal of a license, suspension or revocation of a license, limiting or conditioning of a license, issuing reprimands or warnings, and adopting consent orders.

(4) "Operator" means any person who practices tattooing, body piercing, or permanent cosmetics.

(5) "Practice of body piercing" means the piercing of any part of the body by someone other than a licensed physician who utilizes a needle or other instrument for the purpose of inserting an object into the body for nonmedical purposes. Body piercing includes ear piercing, except when performed on the lower lobe of the ear:

(A) with an instrument approved by the Director, by rule;

(B) by the individual on himself or herself;

(C) by a parent or guardian when the subject of the piercing is a minor; or

(D) by a household member when the subject of the piercing is an adult.

(6) "Practice of permanent cosmetics" means to place a specific type of tattoo that includes permanent eyeliner, permanent lip color, permanent eyebrows, anatomical reproduction, and permanent eye shadow as well as other specific procedures that may be identified by rule by the Director consistent with the Society of Permanent Cosmetic Professionals' or its successor group's guidelines.

(7) "Practice of tattooing" or "practice tattooing" means to place a permanent mark, design, or coloration of a human being by a process of pricking or ingraining an indelible pigment on or in the skin. "Practice of tattooing" or "practice tattooing" does not mean anatomical reproduction when performed under the direction of a physician.

(8) "Special panel" means a panel established pursuant to 3 V.S.A. § 129(j).

(9) "Shop" means a facility regularly used to offer or perform the practice of tattooing or body piercing. (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1997, No. 40, § 49(a); 1999, No. 52, § 38; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2007, No. 163 (Adj. Sess.), § 34; 2017, No. 48, § 29.)