Text: HF02134 Text: HF02136 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 5504HV 80
3 1 pf/gg/14
Text: HF02134 Text: HF02136 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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