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