140th GENERAL ASSEMBLY

SENATE BILL NO.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE REGULATION OF TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

(Three-Fifths of all members elected to each house thereof concurring therein):

Section 1. Amend §122(3), Title 16 of the Delaware Code by inserting a new paragraph to read as follows:

"w. Establish standards for the sanitary operation of tattoo parlors and body piercing establishments. For purposes of this paragraph, ‘tattoo parlor’ means a person or business that makes permanent marks on human skin by puncturing the skin and inserting an indelible color or by producing scarring. For purposes of this paragraph, ‘body piercing establishment’ means a person or business that perforates any human body part or human tissue and places a foreign object in the perforation for nonmedical purposes except for a person or business that perforates only ears. Upon receipt of an application for a permit and a permit fee of $100, the Department of Health and Social Services shall issue a permit to a tattoo parlor or body piercing establishment if it meets the requirements established under Department regulations. The Secretary shall be authorized to issue restricted, provisional and other types of permits and to revoke or suspend any permit in accordance with Department regulations. A permit, unless sooner suspended or revoked, shall be renewed annually upon filing by the permittee and payment of an annual permit fee of $100, provided that an applicant meets the requirements set forth in Department regulations."

This Act will empower the Department of Health and Social Services to set standards for the sanitary operation of tattoo parlors and body piercing establishments, except establishments that only perform ear piercing.

Author: Sen. Bair