Bill Text: NC H250 | 2017-2018 | Regular Session | Amended
Bill Title: Body Art Regulation Changes
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Engrossed - Dead) 2017-04-27 - Ref To Com On Rules and Operations of the Senate [H250 Detail]
Download: North_Carolina-2017-H250-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 3
HOUSE BILL 250
Committee Substitute Favorable 3/15/17
Committee Substitute #2 Favorable 4/25/17
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Short Title: Body Art Regulation Changes. |
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Sponsors: |
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Referred to: |
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March 6, 2017
A BILL TO BE ENTITLED
AN ACT to make changes to the regulation of body art.
The General Assembly of North Carolina enacts:
SECTION 1. Part 11 of Article 8 of Chapter 130A of the General Statutes reads as rewritten:
"§ 130A‑283. Tattooing Body art regulated.
(a) Definition.Definitions.
As used in this Part, the term tattooing means the following
definitions shall apply:
(1) Body art. Procedures conducted for aesthetic purposes to the human body that include body piercing, branding, scarification, and tattooing.
(2) Body piercing. The puncturing of the skin by needles or other similar instrument to insert removable jewelry. The term does not include the puncturing of the external part of the earlobe.
(3) Branding. The creation of a permanent mark on the skin by burning with a hot iron or other similar instrument.
(4) Scarification. The creation of a permanent mark on the skin by scratching, etching, or cutting.
(5) Tattooing. The inserting of permanent
markings or coloration, or the producing of scars, coloration upon
or under human skin through puncturing by use of a needle or any other method.
(b) Prohibited Practice.
No person shall engage in tattooing body art without first obtaining
a tattooing body art permit from the Department. Licensed
physicians, as well as physician assistants and nurse practitioners working
under the supervision of a licensed physician, who perform tattooing body
art within the normal course of their professional practice are exempt from
the requirements of this Part.
(c) Application. To obtain
a tattooing body art permit, a person must apply to the
Department. Upon receipt of the application, the Department, acting through the
local health department, shall inspect the premises, instruments, utensils,
equipment, and procedures of the applicant to determine whether the applicant
meets the requirements for a tattooing body art permit set by the
Commission. If the applicant meets these requirements, the Department shall
issue a permit to the applicant. A permit is valid for one year and must be
renewed annually by applying to the Department for a permit renewal.
(d) Violations. The
Department may deny an application for a tattooing body art permit
if an applicant does not meet the requirements set by the Commission for the
permit. The Department may suspend, revoke, or refuse to renew a permit if it
finds that tattooing body art is being performed in violation of
this Part. A violation of this Part is a Class A1 misdemeanor. In
accordance with G.S. 130A‑24(a), Chapter 150B of the General
Statutes, the Administrative Procedure Act, governs appeals concerning the
enforcement of this Part.
(e) Limitation. A permit issued pursuant to this Part does not authorize a person to perform the following acts:
(1) remove Remove a tattoo tattoo.from
the body of a human being.
(2) Compliance with this Part is not a bar to
prosecution for a violation of Acts prohibited by G.S. 14‑400.
(3) Insert an object under the skin.
(4) Treat injuries or disorders of the body.
(5) Practice medicine as defined in Article 1 of Chapter 90 of the General Statutes."
SECTION 2. G.S. 130A‑29(c) reads as rewritten:
"§ 130A‑29. Commission for Public Health Creation, powers and duties.
(c) The Commission shall adopt rules:
...
(8) Establishing permit
requirements for the sanitation of premises, utensils, equipment, and
procedures to be used by a person engaged in tattooing, body art, as
provided in Part 11 of Article 8 of this Chapter.
...."
SECTION 3. G.S. 130A‑39(g) reads as rewritten:
"§ 130A‑39. Powers and duties of a local board of health.
...
(g) A local board of health
may impose a fee for services to be rendered by a local health department,
except where the imposition of a fee is prohibited by statute or where an
employee of the local health department is performing the services as an agent
of the State. Notwithstanding any other provisions of law, a local board of
health may impose cost‑related fees for services performed pursuant to
Article 11 of this Chapter, "Wastewater Systems," for services
performed pursuant to Part 10, Article 8 of this Chapter, "Public Swimming
Pools", for services performed pursuant to Part 11, Article 8 of this
Chapter, "Tattooing", "Body Art," and for
services performed pursuant to G.S. 87‑97. Fees shall be based upon
a plan recommended by the local health director and approved by the local board
of health and the appropriate county board or boards of commissioners. The fees
collected under the authority of this subsection are to be deposited to the
account of the local health department so that they may be expended for public
health purposes in accordance with the provisions of the Local Government
Budget and Fiscal Control Act."
SECTION 4. G.S. 90A‑51(2a) reads as rewritten:
"(2a) "Environmental
health practice" means the provision of environmental health services,
including administration, organization, management, education, enforcement, and
consultation regarding environmental health services provided to or for the
public. These services are offered to prevent environmental hazards and promote
and protect the health of the public in the following areas: food, lodging, and
institutional sanitation; on‑site wastewater treatment and disposal;
public swimming pool sanitation; childhood lead poisoning prevention; well
permitting and inspection; tattoo parlor sanitation; body art
establishment sanitation; and all other areas of environmental health
requiring the delegation of authority by the Division of Public Health of the
Department of Health and Human Services to State and local environmental health
professionals to enforce rules adopted by the Commission for Public Health. The
definition also includes local environmental health professionals enforcing
rules of local boards of health for on‑site wastewater systems and
wells."
SECTION 5. This act becomes effective July 1, 2018. Permits for tattooing issued before that date, but not yet expired, shall remain valid until expiration.
