House File 114HOUSE FILE BY SCHUELLER, KRESSIG, LUKAN, KELLEY, and GASKILL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to body piercing and tattooing, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1085HH 83 5 jr/nh/24 PAG LIN 1 1 Section 1. Section 135.37, Code 2009, is amended to read 1 2 as follows: 1 3 135.37 TATTOOING, BODY PIERCING == PERMIT REQUIREMENT == 1 4 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 or body piercing or engage in 1 8 the practice of tattooing or body piercing without first 1 9 applying for and receiving a permit from the Iowa department 1 10 of public health. 1 11 2. A minor shall not obtain a tattoo or undergo a body 1 12 piercing and a person shall not provide a tattoo or body 1 13 piercing to a minor unless parental consent has first been 1 14 obtained. For the purposes of this section, "minor" means an 1 15 unmarried person who is under the age of eighteen years.The 1 16 department shall develop parental consent forms and procedures 1 17 for verification of the consent by rule. 1 18 3. For the purposes of this section: 1 19 a. "Body piercing" means for commercial purposes the act 1 20 of penetrating human skin to make a hole, mark, or scar. 1 21 "Body piercing" does not include the use of a mechanized, 1 22 presterilized, ear=piercing system that penetrates the outer 1 23 perimeter or lobe of the ear, or both. 1 24 b. "Minor" means an unmarried person who is under the age 1 25 of eighteen years. 1 263.4. A person who fails to meet the requirements of 1 27 subsection 1 or a person providing a tattoo or body piercing 1 28 to a minor is guilty ofa seriousan aggravated misdemeanor. 1 294.5. The Iowa department of public health shall: 1 30 a. Adopt rules pursuant to chapter 17A and establish and 1 31 collect all fees necessary to administer this section. The 1 32 provisions of chapter 17A, including licensing provisions, 1 33 judicial review, and appeal, shall apply to this chapter. 1 34 b. Establish minimum safety and sanitation criteria for 1 35 the operation of tattooing or body piercing establishments. 2 15.6. If the Iowa department of public health determines 2 2 that a provision of this section has been or is being 2 3 violated, the department may order that a tattooing or body 2 4 piercing establishment not be operated until the necessary 2 5 corrective action has been taken. If the establishment 2 6 continues to be operated in violation of the order of the 2 7 department, the department may request that the county 2 8 attorney or the attorney general make an application in the 2 9 name of the state to the district court of the county in which 2 10 the violations have occurred for an order to enjoin the 2 11 violations and confiscate commercial property and equipment. 2 12 This remedy is in addition to any other legal remedy available 2 13 to the department. 2 146.7. As necessary to avoid duplication and promote 2 15 coordination of public health inspection and enforcement 2 16 activities, the department may enter into agreements with 2 17 local boards of health to provide for inspection and 2 18 enforcement of tattooing or body piercing establishments in 2 19 accordance with the rules and criteria implemented under this 2 20 section. 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. 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 or body 2 28 piercing, or engage in the practice of tattooing or body 2 29 piercing without having received a permit from the Iowa 2 30 department of public health. Additionally, a minor shall not 2 31 obtain a tattoo or undergo a body piercing, and a person shall 2 32 not provide a tattoo or body piercing, to a minor unless 2 33 parental consent has first been obtained. The bill provides 2 34 that parental consent forms and procedures shall be 2 35 established by the department by rule. 3 1 The bill provides definitions of "body piercing" and 3 2 "minor" and provides that body piercing does not refer to the 3 3 use of a mechanized, presterilized, ear=piercing system that 3 4 penetrates the outer perimeter or lobe of the ear, or both. 3 5 The bill provides that a person who violates the provisions 3 6 relating to ownership or operation of an establishment, or who 3 7 provides a tattoo or body piercing to a minor, is guilty of an 3 8 aggravated misdemeanor. Currently, the corresponding penalty 3 9 applicable to tattooing is a serious misdemeanor. The bill 3 10 extends existing provisions relating to rulemaking, 3 11 establishment of minimum safety and sanitation criteria, and 3 12 issuance of an order against an establishment to not operate 3 13 pending corrective action by the department concerning 3 14 tattooing to body piercing. The bill also adds a penalty of 3 15 confiscation of commercial property in the event of continued 3 16 operation in violation of the order. 3 17 LSB 1085HH 83 3 18 jr/nh/24