Various degrees of regulation under study for body piercing

OLYMPIA — With large flamelike earrings, an intricate nose piercing and visible tattoos, Troy Amundson is an unlikely lobbyist.

A professional body piercer at Apocalypse Tattoo in Seattle, Amundson has been leading a fight to have the state regulate his industry to make it more legitimate and to protect public health.

Legislators are considering several bills this session that would regulate body piercers and tattoo artists and restrict minors from getting piercings "on certain sensitive parts."

Amundson said most body piercers and tattoo artists follow strict sterilization procedures, but "unfortunately, there are people who get into this strictly for the money with little care for their clients' health."

"Some kind of legislation would help make it more professional."

The state Department of Health requires sterilization of needles and instruments used by tattoo artists, but there are no similar rules for body piercing. Amundson supports a pair of bills that would establish those requirements for body piercers.

But some argue such measures give only an appearance of regulation.

Information

Legislature: http://www.leg.wa.gov

Rep. Sherry Appleton's bills: HB 1383 and HB 1700

Sen. Jim Kastama's bill: SB 5180

Sen. Ed Murray's bill: SB 5860

Sen. Pam Roach's bill: SB 5820.

The National Hepatitis C Institute: http://www.nationalhepatitiscinstitute.org/

Sen. Jim Kastama, D-Puyallup, has sponsored a much stricter bill that would require piercers and tattoo artists to register with the Department of Licensing. The department would work with the Health Department to develop rules and then would have the authority to investigate complaints and publish information about violations.

"I think most people in Washington state would be shocked if they knew there were no state regulations or licensing requirements for the commercial body-piercing industry," Kastama said.

The bill would create an office in the Department of Licensing, which would cost around $2 million. Kastama said all of that would be paid for by permits issued to tattoo artists and body piercers.

Kitty Candelaria, executive director of the National Hepatitis C Institute based in Manchester, Kitsap County, said that without enforcement, sterilization standards don't mean anything. She said hepatitis C is often transmitted through tattoos and piercing.

"For too long, an industry that has left its mark on so many has been allowed to operate with so little government oversight," Candelaria said.

But Amundson and other piercers oppose Kastama's measure, saying it would require them to report sensitive information about their clients to a state agency and make medical diagnoses — possibly opening them up to charges of practicing medicine without a license.

"I'm one who personally supports some sort of licensing and registration program," Amundson said. "But we need to be cautious how we go about it."

He supports identical bills sponsored by Rep. Sherry Appleton, D-Poulsbo, and Sen. Ed Murray, D-Seattle, that call for the Department of Health to develop rules based on precautions recommended by the federal Centers for Disease Control and Prevention. Body piercers who violated such rules would be guilty of a misdemeanor.

Last session, the House passed Appleton's bill and the Senate passed Kastama's bill, but neither reached Gov. Christine Gregoire's desk.

"I think the red herring in this entire debate is that I just want enforcement," Kastama said.

Appleton said her bill does have enforcement measures and that she hoped, with Murray sponsoring her version of the bill in the Senate, it has a change to become law this year.

"Everybody understands the regulation needs to be there," Appleton said.

The House Committee on Health Care and Wellness has passed Appleton's bill; the Senate version hasn't had a hearing yet.

The Senate Labor, Commerce, Research and Development Committee held a hearing on Kastama's bill but hasn't acted on it.

There are also proposals to ban piercing for minors.

One measure, also sponsored by Appleton, would ban body piercing "below the neck on certain sensitive parts of the body" on minors. Appleton said she doesn't expect that bill to advance this session.

Another measure, sponsored by Sen. Pam Roach, R-Auburn, would ban body piercing on minors unless a parent or legal guardian provided consent in writing. It wouldn't apply to piercing of an earlobe.

Roach has introduced the bill in past sessions, but it has never gained enough momentum to reach the governor's desk.

Roach said piercings in sensitive areas can be dangerous.

"It's dark, damp and wet places where infections occur," she said, adding that parents should be concerned about piercings of the mouth, nose and genitalia.

Roach said the measure would help protect minors and it "gives parents some footing to say 'why don't you wait?' "

At Metro Piercing in Olympia, 18-year-olds Chyrl Clark and Kristin Dunbar, both of Yelm, said they thought 18 was a reasonable age limit for genitalia piercings.

"When you're little, you'd do crazy things and not even think about it," said Clark, while waiting to have her nipples pierced.

Dunbar, who said she has 12 piercings, including her tongue, said she has never gotten an infection.

"I'm young now and I want to do things while I want to before it's too late," she said.

"You can always take a piercing out."