House File 450 - Introduced HOUSE FILE 450 BY JACOBY 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 1813YH (3) 85 jr/nh
H.F. 450 Section 1. Section 135.37, Code 2013, is amended to read as 1 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 3. 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. 4. 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. 5. The Iowa department of public health shall: 35 -1- LSB 1813YH (3) 85 jr/nh 1/ 3
H.F. 450 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 for the 5 operation of tattooing , body piercing, and body modification 6 establishments , in consultation with owners and operators of 7 such establishments and persons engaged in the practice of 8 tattooing, body piercing, or body modification . 9 5. 6. If the Iowa department of public health determines 10 that a provision of this section has been or is being violated, 11 the department may order that a tattooing , body piercing, 12 or body modification establishment not be operated until 13 the necessary corrective action has been taken. If the 14 establishment continues to be operated in violation of the 15 order of the department, the department may request that the 16 county attorney or the attorney general make an application in 17 the name of the state to the district court of the county in 18 which the violations have occurred for an order to enjoin the 19 violations and confiscate commercial property and equipment . 20 This remedy is in addition to any other legal remedy available 21 to the department. 22 6. 7. As necessary to avoid duplication and promote 23 coordination of public health inspection and enforcement 24 activities, the department may enter into agreements with local 25 boards of health to provide for inspection of tattooing , body 26 piercing, or body modification establishments and enforcement 27 activities in accordance with the rules and criteria 28 implemented under this section . 29 EXPLANATION 30 This bill modifies and expands current restrictions relating 31 to performing and receiving a tattoo, and extends them to also 32 apply to body piercing and body modification. 33 The bill provides that a person shall not own, control 34 and lease, act as an agent for, conduct, manage, or operate 35 -2- LSB 1813YH (3) 85 jr/nh 2/ 3
H.F. 450 an establishment to practice the art of tattooing, body 1 piercing, or body modification, or engage in the practice of 2 tattooing, body piercing, or body modification, without having 3 received a permit from the Iowa department of public health. 4 Additionally, a minor shall not obtain a tattoo, or undergo 5 a body piercing or body modification, and a person shall not 6 provide a tattoo, body piercing, or body modification to a 7 minor unless parental consent has first been obtained. The 8 bill provides that parental consent forms and procedures shall 9 be established by the department by rule. 10 The bill provides definitions of “body modification”, “body 11 piercing”, and “minor” and provides that body piercing does not 12 refer to the use of a mechanized, presterilized, ear-piercing 13 system that penetrates the outer perimeter or lobe of the ear, 14 or both. 15 The bill provides that a person who violates the provisions 16 relating to ownership or operation of an establishment, or 17 who provides a tattoo, body piercing, or body modification to 18 a minor, is guilty of an aggravated misdemeanor. Currently, 19 the corresponding penalty applicable to tattooing is a serious 20 misdemeanor. An aggravated misdemeanor is punishable by 21 confinement for no more than two years and a fine of at least 22 $625 but not more than $6,250. 23 The bill extends existing provisions relating to rulemaking, 24 establishment of minimum safety and sanitation criteria, 25 and issuance of an order against an establishment to not 26 operate pending corrective action by the department concerning 27 tattooing to body piercing and body modification. The bill 28 also adds a penalty of confiscation of commercial property in 29 the event of continued operation in violation of the order. 30 -3- LSB 1813YH (3) 85 jr/nh 3/ 3