House File 152
HOUSE FILE
BY BELL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to regulation of tattooing equipment and the
2 practice of tattooing and making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2079HH 80
5 pf/sh/8
PAG LIN
1 1 Section 1. Section 135.37, subsections 1, 4, and 5, Code
1 2 2003, are amended to read as follows:
1 3 1. A person shall not own, control and lease, act as an
1 4 agent for, conduct, manage, or operate an establishment to
1 5 practice the art of tattooing, possess tattooing equipment for
1 6 the purposes of engaging in the practice of tattooing, or
1 7 engage in the practice of tattooing without first applying for
1 8 and receiving a permit from the Iowa department of public
1 9 health.
1 10 4. The Iowa department of public health shall:
1 11 a. Adopt rules pursuant to chapter 17A and establish and
1 12 collect all fees necessary to administer this section. The
1 13 provisions of chapter 17A, including licensing provisions,
1 14 judicial review, and appeal, shall apply to this chapter.
1 15 b. Establish minimum safety and sanitation criteria for
1 16 the operation of tattooing establishments, the use of
1 17 tattooing equipment for the purpose of engaging in the
1 18 practice of tattooing, and the practice of tattooing.
1 19 5. If the Iowa department of public health determines that
1 20 a provision of this section has been or is being violated, the
1 21 department may order that a tattooing establishment not be
1 22 operated, a person in possession of tattooing equipment not
1 23 use the equipment, or a person engaging in the practice of
1 24 tattooing not engage in the practice until the necessary
1 25 corrective action has been taken. If the establishment
1 26 continues to be operated, the person in possession of
1 27 tattooing equipment continues to use the equipment, or the
1 28 person practicing tattooing continues to practice tattooing in
1 29 violation of the order of the department, the department may
1 30 request that the county attorney or the attorney general make
1 31 an application in the name of the state to the district court
1 32 of the county in which the violations have occurred for an
1 33 order to enjoin the violations. This remedy is in addition to
1 34 any other legal remedy available to the department.
1 35 EXPLANATION
2 1 This bill provides that in addition to current regulatory
2 2 provisions that apply to a tattooing establishment, a person
2 3 who possesses tattooing equipment for the purposes of engaging
2 4 in the practice of tattooing must also apply for and receive a
2 5 permit from the Iowa department of public health before using
2 6 the equipment. The bill also directs the department to
2 7 establish minimum safety and sanitation criteria for not only
2 8 the operation of tattooing establishments that is addressed
2 9 under current law, but also for the use of tattooing equipment
2 10 for the purpose of engaging in the practice of tattooing, and
2 11 the practice of tattooing.
2 12 The bill provides that if the department determines a
2 13 violation exists, the department may order not only that a
2 14 tattooing establishment not be operated, but that a person in
2 15 possession of tattooing equipment not use the equipment, and a
2 16 person engaging in the practice of tattooing not engage in the
2 17 practice until the necessary corrective action has been taken.
2 18 If the establishment continues to be operated, the person in
2 19 possession of tattooing equipment continues to use the
2 20 equipment, or the person practicing tattooing continues to
2 21 practice tattooing in violation of the order of the
2 22 department, the department may make an application to enjoin
2 23 the violations. The existing penalty of a simple misdemeanor
2 24 for violation of a provision of the chapter applies to a
2 25 violation of this bill.
2 26 LSB 2079HH 80
2 27 pf/sh/8