Senate File 2079 - Introduced SENATE FILE 2079 BY SODDERS A BILL FOR An Act relating to body piercing, body modification, and 1 tattooing, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5817XS (4) 83 jr/nh
S.F. 2079 Section 1. Section 135.37, Code Supplement 2009, is amended 1 to read as follows: 2 135.37 Tattooing , body piercing, body modification —— permit 3 requirement —— parental consent —— penalty. 4 1. A person shall not own, control and lease, act as 5 an agent for, conduct, manage, or operate an establishment 6 to practice the art of tattooing , body piercing, or body 7 modification, or engage in the practice of tattooing , body 8 piercing, or body modification, without first applying for and 9 receiving a permit from the Iowa department of public health. 10 2. A minor shall not obtain a tattoo , or undergo a body 11 piercing or body modification, and a person shall not provide a 12 tattoo , body piercing, or body modification to a minor unless 13 parental consent has first been obtained . For the purposes of 14 this section , “minor” means an unmarried person who is under the 15 age of eighteen years. The department shall develop parental 16 consent forms and procedures for verification of the consent 17 by rule. 18 2A. For the purposes of this section: 19 a. “Body modification” means for commercial purposes the 20 permanent or semipermanent deliberate altering of the human 21 body for nonmedical reasons. “Body modification” does not 22 include tattooing or body piercing. 23 b. “Body piercing” means for commercial purposes the 24 act of penetrating the skin to make a hole, mark, or scar. 25 “Body piercing” does not include the use of a mechanized, 26 presterilized, ear-piercing system that penetrates the outer 27 perimeter or lobe of the ear, or both. 28 c. “Minor” means an unmarried person who is under the age 29 of eighteen years. 30 3. A person who fails to meet the requirements of 31 subsection 1 or a person providing a tattoo , body piercing, 32 or body modification to a minor is guilty of a serious an 33 aggravated misdemeanor. 34 4. The Iowa department of public health shall: 35 -1- LSB 5817XS (4) 83 jr/nh 1/ 3
S.F. 2079 a. Adopt rules pursuant to chapter 17A and establish and 1 collect all fees necessary to administer this section. The 2 provisions of chapter 17A, including licensing provisions, 3 judicial review, and appeal, shall apply to this chapter. 4 b. Establish minimum safety and sanitation criteria 5 for the operation of tattooing , body piercing, and body 6 modification establishments. 7 5. If the Iowa department of public health determines that 8 a provision of this section has been or is being violated, the 9 department may order that a tattooing , body piercing, or body 10 modification establishment not be operated until the necessary 11 corrective action has been taken. If the establishment 12 continues to be operated in violation of the order of the 13 department, the department may request that the county attorney 14 or the attorney general make an application in the name of 15 the state to the district court of the county in which the 16 violations have occurred for an order to enjoin the violations 17 and confiscate commercial property and equipment . This remedy 18 is in addition to any other legal remedy available to the 19 department. 20 6. As necessary to avoid duplication and promote 21 coordination of public health inspection and enforcement 22 activities, the department may enter into agreements with local 23 boards of health to provide for inspection of tattooing , body 24 piercing, or body modification establishments and enforcement 25 activities in accordance with the rules and criteria 26 implemented under this section. 27 EXPLANATION 28 This bill modifies and expands current restrictions relating 29 to performing and receiving a tattoo, and extends them to also 30 apply to body piercing and body modification. 31 The bill provides that a person shall not own, control 32 and lease, act as an agent for, conduct, manage, or operate 33 an establishment to practice the art of tattooing, body 34 piercing, or body modification, or engage in the practice of 35 -2- LSB 5817XS (4) 83 jr/nh 2/ 3
S.F. 2079 tattooing, body piercing, or body modification, without having 1 received a permit from the Iowa department of public health. 2 Additionally, a minor shall not obtain a tattoo, or undergo 3 a body piercing or body modification, and a person shall not 4 provide a tattoo, body piercing, or body modification to a 5 minor unless parental consent has first been obtained. The 6 bill provides that parental consent forms and procedures shall 7 be established by the department by rule. 8 The bill provides definitions of “body modification”, “body 9 piercing”, and “minor” and provides that body piercing does not 10 refer to the use of a mechanized, presterilized, ear-piercing 11 system that penetrates the outer perimeter or lobe of the ear, 12 or both. 13 The bill provides that a person who violates the provisions 14 relating to ownership or operation of an establishment, or 15 who provides a tattoo, body piercing, or body modification to 16 a minor, is guilty of an aggravated misdemeanor. Currently, 17 the corresponding penalty applicable to tattooing is a serious 18 misdemeanor. The bill extends existing provisions relating 19 to rulemaking, establishment of minimum safety and sanitation 20 criteria, and issuance of an order against an establishment 21 to not operate pending corrective action by the department 22 concerning tattooing to body piercing and body modification. 23 The bill also adds a penalty of confiscation of commercial 24 property in the event of continued operation in violation of 25 the order. 26 -3- LSB 5817XS (4) 83 jr/nh 3/ 3