Text: SF02022 Text: SF02024 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 DIVISION XV
1 2 BODY PIERCING
1 3 Section 1. NEW SECTION. 135.140 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 own, control and lease, act as an
1 16 agent for, conduct, manage, or operate an establishment to
1 17 practice body piercing or engage in body piercing without
1 18 first applying for and receiving a permit from the Iowa
1 19 department of public health.
1 20 3. A person shall not provide body piercing to a minor
1 21 unless the written consent of a parent of the minor has been
1 22 obtained prior to any body piercing being provided.
1 23 4. The department shall do all of the following:
1 24 a. Prescribe the form used in obtaining written consent
1 25 from the parent of a minor under this section.
1 26 b. Provide exceptions to subsection 3 for persons who
1 27 perform or receive body piercing pursuant to a recognized
1 28 religious tenet or cultural practice.
1 29 c. Establish safety and sanitation criteria for the
1 30 operation of an establishment that provides body piercing.
1 31 d. Adopt rules pursuant to chapter 17A and establish and
1 32 collect all fees necessary to administer this section.
1 33 5. A person who fails to meet the requirements of
1 34 subsection 2 or who provides body piercing to a minor in
1 35 violation of subsection 3 is guilty of a serious misdemeanor.
2 1 6. It is an affirmative defense to a violation of
2 2 subsection 3 that the person providing the body piercing was
2 3 presented with a driver's license, as defined in section
2 4 321.1, subsection 20A, or a nonoperator's identification card
2 5 issued pursuant to section 321.190, offered by the individual
2 6 who wishes to be provided body piercing, demonstrating that
2 7 the individual is not a minor, and the person providing the
2 8 body piercing has a reasonable belief based on factual
2 9 evidence that the identification is not altered, falsified, or
2 10 belongs to another individual.
2 11 7. If the department determines that this section has been
2 12 or is being violated, the department may order that a person
2 13 cease providing body piercing until the necessary corrective
2 14 action has been taken. If the person continues to provide
2 15 body piercing in violation of the order of the department, the
2 16 department may request that the county attorney or the
2 17 attorney general make an application in the name of the state
2 18 to the district court of the county in which the violation has
2 19 occurred for an order to enjoin the violation. This remedy is
2 20 in addition to any other legal remedy available to the
2 21 department.
2 22 EXPLANATION
2 23 This bill requires a person who owns, controls and leases,
2 24 acts as an agent for, conducts, manages, or operates an
2 25 establishment to practice body piercing or to engage in body
2 26 piercing to apply for and receive a state permit. The bill
2 27 also prohibits a person from providing body piercing to a
2 28 minor unless the person obtains the written consent of a
2 29 parent of the minor prior to the provision of any body
2 30 piercing. A person who does not obtain a permit or who
2 31 provides body piercing in violation of the bill is guilty of a
2 32 serious misdemeanor. The bill provides that it is an
2 33 affirmative defense to a violation of the body piercing
2 34 provisions that the person providing the body piercing was
2 35 provided with identification showing that the individual
3 1 seeking the body piercing is not a minor and the person
3 2 providing the body piercing reasonably believes that
3 3 identification is not altered, falsified, or belongs to
3 4 another individual. The bill directs the Iowa department of
3 5 public health to prescribe the form to be used in obtaining a
3 6 parent's written consent, to adopt rules, to establish and
3 7 collect fees to provide for exceptions for performing or
3 8 receiving body piercing as prohibited in the bill based upon
3 9 religious tenets or cultural practices, and to establish
3 10 safety and sanitation criteria for body piercing
3 11 establishments. The bill also provides that if the department
3 12 determines that a person providing body piercing has been or
3 13 is violating the prohibition, the department may order the
3 14 person to cease operation until the necessary corrective
3 15 action has been taken. The bill provides that if the person
3 16 continues to operate in violation of the order of the
3 17 department, the department may seek an injunction to enjoin
3 18 the violation.
3 19 LSB 5418XS 79
3 20 pf/cf/24.1
Text: SF02022 Text: SF02024 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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