SF 2079 (LSB 5817XS (4) 83)

SENATE FILE 2079

BY  SODDERS

A BILL FOR

An Act relating to body piercing, body modification, and tattooing, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135.37, Code Supplement 2009, is amended to read as follows:
   135.37  Tattooing, body piercing, body modification —— permit requirement —— parental consent —— penalty.
   1.  A person shall not own, control and lease, act as an agent for, conduct, manage, or operate an establishment to practice the art of tattooing, body piercing, or body modification, or engage in the practice of tattooing, body piercing, or body modification, without first applying for and receiving a permit from the Iowa department of public health.
   2.  A minor shall not obtain a tattoo, or undergo a body piercing or body modification, and a person shall not provide a tattoo, body piercing, or body modification to a minor unless parental consent has first been obtained. For the purposes of this section, “minor” means an unmarried person who is under the age of eighteen years.  The department shall develop parental consent forms and procedures for verification of the consent by rule.
   2A.  For the purposes of this section:
   a.  “Body modification” means for commercial purposes the permanent or semipermanent deliberate altering of the human body for nonmedical reasons. “Body modification” does not include tattooing or body piercing.
   b.  “Body piercing” means for commercial purposes the act of penetrating the skin to make a hole, mark, or scar. “Body piercing” does not include the use of a mechanized, presterilized, ear-piercing system that penetrates the outer perimeter or lobe of the ear, or both.
   c.  “Minor” means an unmarried person who is under the age of eighteen years.
   3.  A person who fails to meet the requirements of subsection 1 or a person providing a tattoo, body piercing, or body modification to a minor is guilty of a serious an aggravated misdemeanor.
   4.  The Iowa department of public health shall:
   a.  Adopt rules pursuant to chapter 17A and establish and collect all fees necessary to administer this section. The provisions of chapter 17A, including licensing provisions, judicial review, and appeal, shall apply to this chapter.
   b.  Establish minimum safety and sanitation criteria for the operation of tattooing, body piercing, and body modification establishments.
   5.  If the Iowa department of public health determines that a provision of this section has been or is being violated, the department may order that a tattooing, body piercing, or body modification establishment not be operated until the necessary corrective action has been taken. If the establishment continues to be operated in violation of the order of the department, the department may request that the county attorney or the attorney general make an application in the name of the state to the district court of the county in which the violations have occurred for an order to enjoin the violations and confiscate commercial property and equipment. This remedy is in addition to any other legal remedy available to the department.
   6.  As necessary to avoid duplication and promote coordination of public health inspection and enforcement activities, the department may enter into agreements with local boards of health to provide for inspection of tattooing, body piercing, or body modification establishments and enforcement activities in accordance with the rules and criteria implemented under this section.
EXPLANATION
   This bill modifies and expands current restrictions relating to performing and receiving a tattoo, and extends them to also apply to body piercing and body modification.
   The bill provides that a person shall not own, control and lease, act as an agent for, conduct, manage, or operate an establishment to practice the art of tattooing, body piercing, or body modification, or engage in the practice of tattooing, body piercing, or body modification, without having received a permit from the Iowa department of public health. Additionally, a minor shall not obtain a tattoo, or undergo a body piercing or body modification, and a person shall not provide a tattoo, body piercing, or body modification to a minor unless parental consent has first been obtained. The bill provides that parental consent forms and procedures shall be established by the department by rule.
   The bill provides definitions of “body modification”, “body piercing”, and “minor” and provides that body piercing does not refer to the use of a mechanized, presterilized, ear-piercing system that penetrates the outer perimeter or lobe of the ear, or both.
   The bill provides that a person who violates the provisions relating to ownership or operation of an establishment, or who provides a tattoo, body piercing, or body modification to a minor, is guilty of an aggravated misdemeanor. Currently, the corresponding penalty applicable to tattooing is a serious misdemeanor. The bill extends existing provisions relating to rulemaking, establishment of minimum safety and sanitation criteria, and issuance of an order against an establishment to not operate pending corrective action by the department concerning tattooing to body piercing and body modification. The bill also adds a penalty of confiscation of commercial property in the event of continued operation in violation of the order.