House File 2034 HOUSE FILE BY MILLER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring consent of the parent of a minor to obtain body 2 piercing and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5504HH 80 5 pf/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 135.37A BODY PIERCING == MINORS 1 2 == PENALTY. 1 3 1. For the purposes of this section: 1 4 a. "Body piercing" means for commercial purposes the act 1 5 of penetrating the skin to make a hole, mark, or scar and 1 6 includes the use of a mechanized, presterilized, ear=piercing 1 7 system that penetrates the outer perimeter or lobe of the ear, 1 8 or both. 1 9 b. "Minor" means an unmarried person who is under the age 1 10 of eighteen years. 1 11 c. "Parent" means a parent, legal guardian, or legal 1 12 custodian of a minor. 1 13 2. A person shall not provide body piercing to a minor 1 14 unless the written consent of a parent of the minor has been 1 15 obtained prior to any body piercing being provided. 1 16 3. The department shall do all of the following: 1 17 a. Prescribe the form used in obtaining written consent 1 18 from the parent of a minor under this section. 1 19 b. Provide exceptions to subsection 2 for persons who 1 20 perform or receive body piercing pursuant to a recognized 1 21 religious tenet or cultural practice. 1 22 4. A person who provides body piercing to a minor in 1 23 violation of subsection 2 is guilty of a serious misdemeanor. 1 24 5. It is an affirmative defense to a violation of 1 25 subsection 2 that the person providing the body piercing was 1 26 presented with a driver's license, as defined in section 1 27 321.1, subsection 20A, or a nonoperator's identification card 1 28 issued pursuant to section 321.190, offered by the individual 1 29 who wishes to be provided body piercing, demonstrating that 1 30 the individual is not a minor, and the person providing the 1 31 body piercing has a reasonable belief based on factual 1 32 evidence that the identification is not altered, falsified, or 1 33 belongs to another individual. 1 34 6. If the department determines that this section has been 1 35 or is being violated, the department may order that a person 2 1 cease providing body piercing until the necessary corrective 2 2 action has been taken. If the person continues to provide 2 3 body piercing in violation of the order of the department, the 2 4 department may request that the county attorney or the 2 5 attorney general make an application in the name of the state 2 6 to the district court of the county in which the violation has 2 7 occurred for an order to enjoin the violation. This remedy is 2 8 in addition to any other legal remedy available to the 2 9 department. 2 10 EXPLANATION 2 11 This bill prohibits a person from providing body piercing 2 12 to a minor unless the person obtains the written consent of a 2 13 parent of the minor prior to the provision of any body 2 14 piercing. A person who provides body piercing in violation of 2 15 the bill is guilty of a serious misdemeanor. 2 16 The bill provides that it is an affirmative defense to a 2 17 violation of the body piercing provisions that the person 2 18 providing the body piercing was provided with identification 2 19 showing that the individual seeking the body piercing is not a 2 20 minor and the person providing the body piercing reasonably 2 21 believes that identification is not altered, falsified, or 2 22 belongs to another individual. The bill directs the Iowa 2 23 department of public health to prescribe the form to be used 2 24 in obtaining a parent's written consent, and provide for 2 25 exceptions for performing or receiving body piercing as 2 26 prohibited in the bill based upon religious tenets or cultural 2 27 practices. The bill also provides that if the department 2 28 determines that a person providing body piercing has been or 2 29 is violating the prohibition, the department may order the 2 30 person to cease operation until the necessary corrective 2 31 action has been taken. The bill provides that if the person 2 32 continues to operate in violation of the order of the 2 33 department, the department may seek an injunction to enjoin 2 34 the violation. 2 35 LSB 5504HH 80 3 1 pf/gg/14