Senate File 462 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON HUMAN RESOURCES

                                       (SUCCESSOR TO SF 174)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to body piercing, body modification, and
  2    tattooing, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2164SV 82
  5 jr/cf/24

PAG LIN



  1  1    Section 1.  Section 135.37, Code 2007, is amended to read
  1  2 as follows:
  1  3    135.37  TATTOOING, BODY PIERCING, BODY MODIFICATION ==
  1  4 PERMIT REQUIREMENT == 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, body piercing, or body
  1  8 modification, or engage in the practice of tattooing, body
  1  9 piercing, or body modification, without first applying for and
  1 10 receiving a permit from the Iowa department of public health.
  1 11    2.  A minor shall not obtain a tattoo, or undergo a body
  1 12 piercing or body modification, and a person shall not provide
  1 13 a tattoo, body piercing, or body modification to a minor.  For
  1 14 the purposes of this section, "minor" means an unmarried
  1 15 person who is under the age of eighteen years.
  1 16    2A.  For the purposes of this section:
  1 17    a.  "Body modification" means for commercial purposes the
  1 18 permanent or semipermanent deliberate altering of the human
  1 19 body for nonmedical reasons.  "Body modification" does not
  1 20 include tattooing or body piercing.
  1 21    b.  "Body piercing" means for commercial purposes the act
  1 22 of penetrating the skin to make a hole, mark, or scar.  "Body
  1 23 piercing" does not include the use of a mechanized,
  1 24 presterilized, ear=piercing system that penetrates the outer
  1 25 perimeter or lobe of the ear, or both.
  1 26    c.  "Minor" means an unmarried person who is under the age
  1 27 of eighteen years.
  1 28    3.  A person who fails to meet the requirements of
  1 29 subsection 1 or a person providing a tattoo, body piercing, or
  1 30 body modification to a minor is guilty of a serious an
  1 31 aggravated misdemeanor.
  1 32    4.  The Iowa department of public health shall:
  1 33    a.  Adopt rules pursuant to chapter 17A and establish and
  1 34 collect all fees necessary to administer this section.  The
  1 35 provisions of chapter 17A, including licensing provisions,
  2  1 judicial review, and appeal, shall apply to this chapter.
  2  2    b.  Establish minimum safety and sanitation criteria for
  2  3 the operation of tattooing, body piercing, and body
  2  4 modification establishments.
  2  5    5.  If the Iowa department of public health determines that
  2  6 a provision of this section has been or is being violated, the
  2  7 department may order that a tattooing, body piercing, or body
  2  8 modification establishment not be operated until the necessary
  2  9 corrective action has been taken.  If the establishment
  2 10 continues to be operated in violation of the order of the
  2 11 department, the department may request that the county
  2 12 attorney or the attorney general make an application in the
  2 13 name of the state to the district court of the county in which
  2 14 the violations have occurred for an order to enjoin the
  2 15 violations and confiscate commercial property and equipment.
  2 16 This remedy is in addition to any other legal remedy available
  2 17 to the department.
  2 18    6.  This section shall not apply to a procedure performed
  2 19 by a person licensed pursuant to chapter 148 or 150A.
  2 20 SF 462
  2 21 jr:nh/cc/26