02/18/2007

By JENNIFER BYRD  / Associated Press

With large flame-like earrings, an intricate nose piercing and visible tattoos, Troy Amundson is an unlikely lobbyist.

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

Lawmakers 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 client's health."

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

The state health department currently 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 these requirements for body piercers.

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

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 a new office in the licensing department, 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 Manchester-based National Hepatitis C Institute, said 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 Centers for Disease Control. 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. Chris 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 shot of possibly becoming 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, although 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 taken action 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 is sponsored by Sen. Pam Roach, R-Auburn. It bans body piercing on minors unless a parent or legal guardian provides consent in writing. It wouldn't include piercing of an earlobe. Roach has introduced the bill in past sessions, but it has never gained enough momentum to land on the governor's desk.

Roach called some piercings in sensitive areas dangerous.

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

Roach said she thought 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 reasonable age limit for genitalia piercings.

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

Dunbar, who said she has 12 piercings, including her tongue, 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."

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Appleton's regulation bill is HB 1383. Her other bill is HB 1700. Kastama's bill is SB 5180. Murray's bill is SB 5860. Roach's bill is SB 5820.

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On the Net:

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

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

Apocalypse Tattoo and Piercing: http://apocalypsetattoo.com/