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Senate File 2067

Partial Bill History

Bill Text

  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

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