The future of skin branding in State College could be decided tonight by the State College Borough Council.

The council plans to vote on an ordinance to ban the practice unless it is done by a licensed physician.

Chris Prybyla, an employee of Tattoo Marks Studio Two, 411 E. Calder Way, has performed the procedure 11 times in nine months and said he is the only local branding artist. Prybyla spoke against the ordinance at a work session last week.

"This is something that warrants legislation but appropriate legislation," he said. "What comes into account here is shock value. All I'm concerned about is an educated decision."

Each of the council members present at the session took a stance on the issue with three speaking in favor of the ordinance and three in opposition.

It appears that the fate of the ordinance lies in the decision of council member James Meyer, who was absent from the work session.

"I'm tossing and turning on this issue," Meyer said later. "I could vote either way."

Although most residents have no desire to be branded, the issue at the center of the council's debate is determining if the procedure is a public health risk.

Council member Jean McManis, who is in favor of banning branding, said she has been told that the practice increases the risk of infections.

"I don't see why we should classify all piercing, tattooing and branding as the same thing," McManis said. "Sometimes there has to be a line drawn."

Council member Janet Knauer disagreed.

"I don't see anything in this material that led me to believe this would be any worse than tattooing or piercing," Knauer said. "Our personal feelings about whether we would or would not get branded should not come into account in this decision."

The ordinance was originally proposed at the Borough Council's Oct. 21 meeting as the result of an investigation into potential health hazards by State College Health Director Mark Henry. He conducted the study after Prybyla inquired as to whether the borough had regulation.

While gathering information, Henry consulted with Dr. Kathryn Bonnett, a local dermatologist.

"If sterilized tips are not used, any of the above noted infections [bacterial, papilloma virus, hepatitis and HIV] can be transmitted," Bonnett wrote in a letter to Henry. "I feel that it has tremendous potential for public health risk."

Meyer said he's concerned that only one physician was consulted and plans to seek out additional opinions before making a decision.

Prybyla testified that branding is safe when done properly with sterile equipment, and he tells clients to contact a physician if they feel discomfort after the procedure.

"A brand is less invasive than a tattoo or body piercing," he said.

Some piercings take almost a year to heal, compared to a few weeks for a branding, he said.

After Prybyla assured the council of his extensive training, McManis reminded him that the ordinance is universal within the borough.

"We're not writing an ordinance against one person," McManis said. "You could be presenting the best-case scenario -- and I'm still not comfortable with it."

Prybyla said he won't give up if the council passes the ordinance.

"I'm willing to go to whatever measures are available through legal action to give my clients the opportunity to express themselves," Prybyla said.

He warned the council that passing the ordinance would "set a dangerous precedent for free speech in Pennsylvania."

Meyer said he doesn't buy into the argument that branding is a free speech issue, and his vote will be based on the health risks that may be involved.

"When it comes down to it, public health takes precedent over free speech," Meyer said. "You can't yell 'fire' in a theater."

Branding is a form of body art that involves heating a stainless steel mold to an excess of 2,300 degrees Fahrenheit and placing it on the skin for less than half a second. The result is a third-degree burn and permanent scarring.

In historic Europe, branding was generally limited to punishment as many cultures branded criminals. In modern times, fraternity members sometimes get brands of their fraternities' letters.

The State College Borough Council and local brander Chris Prybyla have found no evidence of a ban in other communities.