House File 106 - Introduced



                                       HOUSE FILE       
                                       BY  MILLER, McCARTHY, BAUDLER,
                                           and J.R. VAN FOSSEN


    Passed House, Date                Passed Senate,  Date            
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to body piercing and providing penalties.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1544YH 81
  4 pf/gg/14

PAG LIN



  1  1                           DIVISION XV
  1  2                          BODY PIERCING
  1  3    Section 1.  NEW SECTION.  135.160  BODY PIERCING == PERMIT
  1  4 REQUIRED == PENALTY.
  1  5    1.  A person shall not own, control, or lease, act as an
  1  6 agent for, conduct, manage, or operate an establishment to
  1  7 practice body piercing or engage in body piercing without
  1  8 first applying for and receiving a permit from the Iowa
  1  9 department of public health.
  1 10    2.  For the purposes of this section, "body piercing" means
  1 11 for commercial purposes the act of penetrating the skin to
  1 12 make a hole, mark, or scar.  "Body piercing" does not include
  1 13 the use of a mechanized, presterilized, ear=piercing system
  1 14 that penetrates the outer perimeter or lobe of the ear, or
  1 15 both.
  1 16    3.  The department shall do all of the following:
  1 17    a.  Establish minimum safety and sanitation criteria for
  1 18 the operation of an establishment that provides body piercing.
  1 19    b.  Adopt rules pursuant to chapter 17A and establish and
  1 20 collect all fees necessary to administer this section.  The
  1 21 provisions of chapter 17A, including licensing provisions,
  1 22 judicial review, and appeal shall apply to this section.
  1 23    4.  A person who fails to meet the requirements of
  1 24 subsection 1 is guilty of a serious misdemeanor.
  1 25    5.  If the department determines that this section has been
  1 26 or is being violated, the department may order that the
  1 27 establishment providing body piercing not be operated until
  1 28 the necessary corrective action has been taken.  If the
  1 29 establishment continues to operate in violation of the order
  1 30 of the department, the department may request that the county
  1 31 attorney or the attorney general make an application in the
  1 32 name of the state to the district court of the county in which
  1 33 the violation has occurred for an order to enjoin the
  1 34 violation.  This remedy is in addition to any other legal
  1 35 remedy available to the department.
  2  1                           EXPLANATION
  2  2    This bill requires a person who owns, controls, or leases,
  2  3 acts as an agent for, conducts, manages, or operates an
  2  4 establishment to practice body piercing or to engage in body
  2  5 piercing to apply for and receive a state permit.
  2  6    A person who does not obtain a permit is guilty of a
  2  7 serious misdemeanor.  The bill directs the Iowa department of
  2  8 public health to establish minimum safety and sanitation
  2  9 criteria for the operation of an establishment that provides
  2 10 body piercing, to adopt rules pursuant to Code chapter 17A,
  2 11 and to establish and collect all fees necessary to administer
  2 12 the bill.
  2 13    The bill provides for injunctive relief in addition to any
  2 14 other remedy available to the Iowa department of public
  2 15 health.
  2 16 LSB 1544YH 81
  2 17 pf:nh/gg/14