Text: SF02066 Text: SF02068 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 5418SV 79 3 20 pf/cf/24
Text: SF02066 Text: SF02068 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Mar 26 03:30:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/02000/SF02067/020128.html
jhf