Text: SF00079 Text: SF00081 Text: SF00000 - SF00099 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 – PERMIT
1 4 REQUIRED – MINORS – 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 for the
1 8 purposes of ornamentation. "Body piercing" does not include
1 9 the use of a mechanized, presterilized, ear-piercing system
1 10 that penetrates the outer perimeter or lobe of the ear, or
1 11 both.
1 12 b. "Minor" means an unmarried person who is under the age
1 13 of eighteen years.
1 14 c. "Parent" means a parent, legal guardian, or legal
1 15 custodian of a minor.
1 16 2. A person shall not own, control, or lease, act as an
1 17 agent for, conduct, manage, or operate an establishment to
1 18 practice body piercing or engage in body piercing without
1 19 first applying for and receiving a permit from the Iowa
1 20 department of public health. Permits shall be renewed on an
1 21 annual basis.
1 22 3. a. An individual shall not engage in the practice of
1 23 body piercing without first obtaining a blood test from a
1 24 health care professional or laboratory licensed to perform or
1 25 provide a blood test, the results of which confirm that the
1 26 individual is not infected with a contagious or infectious
1 27 disease as defined in section 139A.2, or HIV or AIDS as
1 28 defined in section 141A.1.
1 29 b. An applicant for a permit to engage in the practice of
1 30 body piercing shall obtain a blood test as prescribed in
1 31 paragraph "a". The applicant shall include a statement in the
1 32 application attesting to the fact that the individual has been
1 33 tested and has obtained negative results in accordance with
1 34 paragraph "a". The individual shall maintain documentation of
1 35 the testing and results of testing. An applicant shall obtain
2 1 a blood test pursuant to this subsection annually prior to
2 2 application for renewal of a permit.
2 3 4. A minor shall not undergo body piercing and a person
2 4 shall not provide body piercing to a minor unless the written
2 5 consent of a parent of the minor has been obtained prior to
2 6 any body piercing being provided.
2 7 5. The department shall do all of the following:
2 8 a. Prescribe the form used in obtaining written consent
2 9 from the parent of a minor under this section.
2 10 b. Establish minimum safety and sanitation criteria for
2 11 the operation of an establishment that provides body piercing.
2 12 c. Establish standards for individuals engaging in the
2 13 practice of body piercing.
2 14 d. Adopt rules pursuant to chapter 17A and establish and
2 15 collect all fees necessary to administer this section. The
2 16 provisions of chapter 17A including licensing provisions,
2 17 judicial review, and appeal shall apply to this section.
2 18 6. The provisions of this section shall not apply to a
2 19 person who practices body piercing pursuant to a recognized
2 20 religious doctrine or cultural practice upon persons for whom
2 21 the undergoing of body piercing has religious or cultural
2 22 significance. The performance of body piercing pursuant to
2 23 this subsection shall, however, be subject to review by the
2 24 department with regard to the existence of an asserted
2 25 religious doctrine or cultural practice and with regard to the
2 26 observance of safety and sanitation standards.
2 27 7. A person who fails to meet the requirements of
2 28 subsection 2 or 3, or who provides body piercing to a minor in
2 29 violation of subsection 4, is guilty of a serious misdemeanor.
2 30 8. If the department determines that this section has been
2 31 or is being violated, the department may order that a person
2 32 cease providing body piercing until the necessary corrective
2 33 action has been taken. If the person continues to provide
2 34 body piercing in violation of the order of the department, the
2 35 department may request that the county attorney or the
3 1 attorney general make an application in the name of the state
3 2 to the district court of the county in which the violation has
3 3 occurred for an order to enjoin the violation. This remedy is
3 4 in addition to any other legal remedy available to the
3 5 department.
3 6 EXPLANATION
3 7 This bill requires a person who owns, controls, or leases,
3 8 acts as an agent for, conducts, manages, or operates an
3 9 establishment to practice body piercing or to engage in body
3 10 piercing to apply for and receive a state permit. The permit
3 11 is to be renewed on an annual basis.
3 12 The bill also prohibits an individual from engaging in the
3 13 practice of body piercing unless the individual has first
3 14 obtained a blood test from a health care professional or
3 15 laboratory licensed to perform or provide a blood test, the
3 16 results of which test confirm that the individual is not
3 17 infected with a contagious or infectious disease or HIV or
3 18 AIDS. Additionally, an applicant for a permit to engage in
3 19 the practice of body piercing is to obtain the blood test
3 20 prescribed in the bill and is then to include a statement in
3 21 the application attesting to the fact that the individual has
3 22 been tested and has obtained negative results. The bill
3 23 directs the individual to maintain documentation of the
3 24 testing and results of testing. The applicant for a permit to
3 25 engage in the practice of body piercing is to obtain a blood
3 26 test annually prior to application for renewal of a permit.
3 27 The bill also prohibits a minor from undergoing body
3 28 piercing and prohibits a person from providing body piercing
3 29 to a minor unless the person obtains the written consent of a
3 30 parent of the minor prior to the provision of any body
3 31 piercing. A person who does not obtain a permit or comply
3 32 with permitting requirements, or who provides body piercing in
3 33 violation of the bill, is guilty of a serious misdemeanor.
3 34 The bill directs the Iowa department of public health to
3 35 prescribe the form to be used in obtaining a parent's written
4 1 consent, to establish minimum safety and sanitation criteria
4 2 for the operation of an establishment that provides body
4 3 piercing, to establish standards for individuals engaging in
4 4 the practice of body piercing, to adopt rules pursuant to Code
4 5 chapter 17A, and to establish and collect all fees necessary
4 6 to administer the bill.
4 7 The provisions of the bill do not apply to a person who
4 8 practices body piercing pursuant to a recognized religious
4 9 doctrine or cultural practice upon persons for whom the
4 10 undergoing of body piercing has religious or cultural
4 11 significance. However, such performance of body piercing is
4 12 subject to review by the department with regard to the
4 13 existence of an asserted religious doctrine or cultural
4 14 practice and with regard to the observance of safety and
4 15 sanitation standards.
4 16 LSB 1756SS 80
4 17 pf/sh/8
Text: SF00079 Text: SF00081 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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