Text: HF02083 Text: HF02085 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 DIVISION XII
1 2 BODY PIERCING
1 3 Section 1. NEW SECTION. 135.121 BODY PIERCING – MINORS
1 4 – PENALTY.
1 5 1. For the purposes of this section:
1 6 a. "Body piercing" means for commercial purposes the act
1 7 of penetrating the skin to make a hole, mark, or scar. "Body
1 8 piercing" does not include the use of a mechanized,
1 9 presterilized, ear-piercing system that penetrates the outer
1 10 perimeter or lobe of the ear, or both.
1 11 b. "Minor" means an unmarried person who is under the age
1 12 of eighteen years.
1 13 c. "Parent" means a parent, legal guardian, or legal
1 14 custodian of a minor.
1 15 2. A person shall not provide body piercing to a minor
1 16 unless the written notarized consent of a parent of the minor
1 17 has been obtained prior to any body piercing being provided.
1 18 3. The department shall do all of the following:
1 19 a. Prescribe the form used in obtaining written notarized
1 20 consent from the parent of a minor under this section.
1 21 b. Provide exceptions to subsection 2 for persons who
1 22 perform or receive body piercing pursuant to a recognized
1 23 religious tenant or cultural practice.
1 24 c. Adopt rules pursuant to chapter 17A to administer this
1 25 section.
1 26 4. A person who provides body piercing to a minor in
1 27 violation of subsection 2 is guilty of a serious misdemeanor.
1 28 5. It is an affirmative defense to a violation of
1 29 subsection 2 that the person providing the body piercing was
1 30 presented with proper identification showing that the
1 31 individual seeking the body piercing was eighteen years of age
1 32 or older, and the person providing the body piercing
1 33 reasonably believed the individual seeking the body piercing
1 34 to be eighteen years of age or older.
1 35 6. If the department determines that this section has been
2 1 or is being violated, the department may order that a person
2 2 cease providing body piercing until the necessary corrective
2 3 action has been taken. If the person continues to provide
2 4 body piercing in violation of the order of the department, the
2 5 department may request that the county attorney or the
2 6 attorney general make an application in the name of the state
2 7 to the district court of the county in which the violation has
2 8 occurred for an order to enjoin the violation. This remedy is
2 9 in addition to any other legal remedy available to the
2 10 department.
2 11 EXPLANATION
2 12 This bill prohibits a person from providing body piercing
2 13 to a minor unless the person obtains the written notarized
2 14 consent of a parent of the minor prior to the provision of any
2 15 body piercing. A person who provides body piercing in
2 16 violation of the bill is guilty of a serious misdemeanor. The
2 17 bill provides that it is an affirmative defense to a violation
2 18 of the body piercing provisions that the person providing the
2 19 body piercing was provided with proper identification showing
2 20 the individual seeking the body piercing to be 18 years of age
2 21 or older and the person providing the body piercing reasonably
2 22 believed the individual seeking the body piercing to be 18
2 23 years of age or older. The bill directs the Iowa department
2 24 of public health to prescribe the form to be used in obtaining
2 25 a parent's written notarized consent and to adopt rules. The
2 26 bill also provides that if the department determines that a
2 27 person providing body piercing has been or is violating the
2 28 prohibition, the department may order the person to cease
2 29 operation until the necessary corrective action has been
2 30 taken. The bill provides that if the person continues to
2 31 operate in violation of the order of the department, the
2 32 department may seek an injunction to enjoin the violation.
2 33 LSB 5050HV 78
2 34 pf/cf/24
Text: HF02083 Text: HF02085 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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