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