House File 114 



                                       HOUSE 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 26    3. 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 of a serious an aggravated misdemeanor.
  1 29    4. 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  1    5. 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 14    6. 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