GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	4
HOUSE BILL 635
 Committee Substitute Favorable 4/12/01
 Committee Substitute #2 Favorable 9/13/01 
Fourth Edition Engrossed 9/19/01 

Short Title:	Regulate Body Piercing.	()	
Sponsors:	     	
Referred to:	     	
March 15, 2001

A BILL TO BE ENTITLED
AN ACT TO REGULATE THE BUSINESS OF BODY PIERCING. 

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑29(c) reads as rewritten:
"(c)	The Commission shall adopt rules:
(1)	Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5.
(2)	Establishing standards for approving sewage‑treatment devices and holding tanks for marine toilets as provided in G.S. 75A‑6(o).
(3)	Establishing specifications for sanitary privies for schools where water‑carried sewage facilities are unavailable as provided in G.S. 115C‑522.
(4)	Establishing requirements for the sanitation of local confinement facilities as provided in Part 2 of Article 10 of Chapter 153A of the General Statutes.
(5)	Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1.
(5a)	Establishing eligibility standards for participation in Department reimbursement programs.
(6)	Requiring proper treatment and disposal of sewage and other waste from chemical and portable toilets.
(7)	Establishing statewide health outcome objectives and delivery standards.
(8)	Establishing permit requirements for the sanitation of premises, utensils, equipment, and procedures to be used by persons engaged in tattooing or body piercing, as provided in Part 11 of Article 8 of this Chapter.
(9)	Implementing immunization requirements for adult care homes as provided in G.S. 131D‑9 and for nursing homes as provided in G.S. 131E‑113."
SECTION 2. G.S. 130A‑39(g) reads as rewritten:
"(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', and for services performed pursuant to Part 11, Article 8 of this Chapter, 'Tattooing and Body Piercing'. 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 3.  Part 11 of Chapter 130A of the General Statutes reads as rewritten:
"Part 11.  Tattooing and Body Piercing.
"§ 130A‑283.  Tattooing regulated.
(a)	Definition. – As used in this Part, the term 'tattooing' means the inserting of permanent markings or coloration, or the producing of scars, 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 without first obtaining a tattooing 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 within the normal course of their professional practice are exempt from the requirements of this Part.
 (c)	Application. – To obtain a tattooing permit, a person shall 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 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 shall be renewed annually by applying to the Department for a permit renewal.
(d)	Violations. – The Department may deny an application for a tattooing 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 is being performed in violation of this section or materials are not being disposed of as provided in G.S. 130A-285. 
(e)	Limitation. – A permit issued pursuant to this section does not authorize a person to remove a tattoo from the body of a human being. Compliance with this Part is not a bar to prosecution for a violation of G.S. 14‑400.
"§ 130A-284.  Body piercing regulated.
(a)	Definition. – As used in this Part, the term 'body piercing' means the creation of an opening in the body of a human being so as to create a permanent hole for the purpose of inserting jewelry or other decoration. Body piercing includes piercing an ear, lip, tongue, nose, navel, or eyebrow. Body piercing does not include piercing an ear lobe with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear lobe.
(b)	Prohibited Practice. – No person shall engage in body piercing without first obtaining a body piercing permit from the Department. Licensed physicians, as well as physician assistants and nurse practitioners working under the supervision of a licensed physician, are exempt from the requirements of this Part.
(c)	Application. – To obtain a body piercing permit, a person shall 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 body piercing 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 shall be renewed annually by applying to the Department for a permit renewal.
(d)	Violations. – The Department may deny an application for a body piercing 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 body piercing is being performed in violation of this section or materials are not being disposed of as provided in G.S. 130A-285.
(e)	Limitation. – Compliance with this Part is not a bar to prosecution for a violation of G.S. 14-400.
"§ 130A-285.  Management and disposal of materials.Materials used by persons engaged in tattooing and body piercing shall be disposed of in accordance with rules adopted by the Commission pursuant to G.S. 130A-309.26.
"§ 130A-286.  Appeals.
In accordance with G.S. 130A-24(a), Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning enforcement of this Part."
SECTION 4. This act becomes effective December 1, 2001.