Senate File 174 - Introduced SENATE FILE BY BLACK Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to body piercing, body modification, and 2 tattooing, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2164SS 82 5 jr/cf/24 PAG LIN 1 1 Section 1. Section 135.37, Code 2007, is amended to read 1 2 as follows: 1 3 135.37 TATTOOING, BODY PIERCING, BODY MODIFICATION == 1 4 PERMIT REQUIREMENT == PARENTAL CONSENT == PENALTY. 1 5 1. A person shall not own, control and lease, act as an 1 6 agent for, conduct, manage, or operate an establishment to 1 7 practice the art of tattooing, body piercing, or body 1 8 modification, or engage in the practice of tattooing, body 1 9 piercing, or body modification, without first applying for and 1 10 receiving a permit from the Iowa department of public health. 1 11 2. A minor shall not obtain a tattoo, or undergo a body 1 12 piercing or body modification, and a person shall not provide 1 13 a tattoo, body piercing, or body modification to a minor 1 14 unless parental consent has first been obtained.For the 1 15 purposes of this section, "minor" means an unmarried person 1 16 who is under the age of eighteen years.The department shall 1 17 develop parental consent forms and procedures for verification 1 18 of the consent by rule. 1 19 2A. For the purposes of this section: 1 20 a. "Body modification" means for commercial purposes the 1 21 permanent or semipermanent deliberate altering of the human 1 22 body for nonmedical reasons. "Body modification" does not 1 23 include tattooing or body piercing. 1 24 b. "Body piercing" means for commercial purposes the act 1 25 of penetrating the skin to make a hole, mark, or scar. "Body 1 26 piercing" does not include the use of a mechanized, 1 27 presterilized, ear=piercing system that penetrates the outer 1 28 perimeter or lobe of the ear, or both. 1 29 c. "Minor" means an unmarried person who is under the age 1 30 of eighteen years. 1 31 3. A person who fails to meet the requirements of 1 32 subsection 1 or a person providing a tattoo, body piercing, or 1 33 body modification to a minor is guilty ofa seriousan 1 34 aggravated misdemeanor. 1 35 4. The Iowa department of public health shall: 2 1 a. Adopt rules pursuant to chapter 17A and establish and 2 2 collect all fees necessary to administer this section. The 2 3 provisions of chapter 17A, including licensing provisions, 2 4 judicial review, and appeal, shall apply to this chapter. 2 5 b. Establish minimum safety and sanitation criteria for 2 6 the operation of tattooing, body piercing, and body 2 7 modification establishments. 2 8 5. If the Iowa department of public health determines that 2 9 a provision of this section has been or is being violated, the 2 10 department may order that a tattooing, body piercing, or body 2 11 modification establishment not be operated until the necessary 2 12 corrective action has been taken. If the establishment 2 13 continues to be operated in violation of the order of the 2 14 department, the department may request that the county 2 15 attorney or the attorney general make an application in the 2 16 name of the state to the district court of the county in which 2 17 the violations have occurred for an order to enjoin the 2 18 violations and confiscate commercial property and equipment. 2 19 This remedy is in addition to any other legal remedy available 2 20 to the department. 2 21 EXPLANATION 2 22 This bill modifies and expands current restrictions 2 23 relating to performing and receiving a tattoo, and extends 2 24 them to also apply to body piercing and body modification. 2 25 The bill provides that a person shall not own, control and 2 26 lease, act as an agent for, conduct, manage, or operate an 2 27 establishment to practice the art of tattooing, body piercing, 2 28 or body modification, or engage in the practice of tattooing, 2 29 body piercing, or body modification, without having received a 2 30 permit from the Iowa department of public health. 2 31 Additionally, a minor shall not obtain a tattoo, or undergo a 2 32 body piercing or body modification, and a person shall not 2 33 provide a tattoo, body piercing, or body modification to a 2 34 minor unless parental consent has first been obtained. The 2 35 bill provides that parental consent forms and procedures shall 3 1 be established by the department by rule. 3 2 The bill provides definitions of "body modification", "body 3 3 piercing", and "minor" and provides that body piercing does 3 4 not refer to the use of a mechanized, presterilized, ear= 3 5 piercing system that penetrates the outer perimeter or lobe of 3 6 the ear, or both. 3 7 The bill provides that a person who violates the provisions 3 8 relating to ownership or operation of an establishment, or who 3 9 provides a tattoo, body piercing, or body modification to a 3 10 minor, is guilty of an aggravated misdemeanor. Currently, the 3 11 corresponding penalty applicable to tattooing is a serious 3 12 misdemeanor. The bill extends existing provisions relating to 3 13 rulemaking, establishment of minimum safety and sanitation 3 14 criteria, and issuance of an order against an establishment to 3 15 not operate pending corrective action by the department 3 16 concerning tattooing to body piercing and body modification. 3 17 The bill also adds a penalty of confiscation of commercial 3 18 property in the event of continued operation in violation of 3 19 the order. 3 20 LSB 2164SS 82 3 21 jr:nh/cf/24