Missouri Revised Statutes

Chapter 324
Occupations and Professions General Provisions
Section 324.520

August 28, 2000

324.520. 1. As used in sections 324.520 to 324.524, the following terms mean:

(1) "Body piercing", the perforation of human tissue other than an ear for a nonmedical purpose;

(2) "Branding", a permanent mark made on human tissue by burning with a hot iron or other instrument;

(3) "Controlled substance", any substance defined in section 195.010, RSMo;

(4) "Minor", a person under the age of eighteen;

(5) "Tattoo", one or more of the following:

(a) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or

(b) An indelible design made on the body of another person by production of scars other than by branding.

2. No person shall knowingly tattoo, brand or perform body piercing on a minor unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents himself or herself as a parent is guilty of a class B misdemeanor.

3. A person shall not tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.

4. A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation of this section within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.

5. No person under the age of eighteen shall tattoo, brand or perform body piercing on another person.

(L. 1998 H.B. 1601, et al. § 24, A.L. 1999 H.B. 343)

 

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 343

90TH GENERAL ASSEMBLY
L0969.14T 1999

TATTOOS (1) All persons performing tattoos, body piercing, or branding must be at least 18 years old; and (2) All funds collected by the division will be placed in the Tattoo Fund, which is created. Moneys in the fund will not be transferred to the credit of general revenue until the amount exceeds 3 times the amount appropriated for the preceding fiscal year.

[324.496. Subject to rules promulgated pursuant to sections 324.475 to 324.499, the board with recommendation of the committee may:

(1) Make investigations or conduct hearings to determine whether a violation of sections 324.475 to 324.499 or any rule promulgated pursuant to sections 324.475 to 324.499 has occurred;

(2) Reprimand an acupuncturist or deny, limit, suspend or revoke a license pursuant to the provisions of sections 324.475 to 324.499, if it finds that an acupuncturist has committed any of the following:

(a) Made a material misstatement in an application for license or renewal;

(b) While engaged in the practice of acupuncture, evidenced a lack of knowledge or ability to apply professional skills;

(c) Has been convicted of an offense which occurred during, or as a result of, the practice of acupuncture;

(d) Advertised in a manner which is false, deceptive or misleading;

(e) Practiced acupuncture while the individual's ability to practice was impaired by alcohol or other drugs.]

324.520. 1. As used in [this section and section 324.522] sections 324.520 to 324.524, the following terms mean:

(1) "Body piercing", the perforation of human tissue other than an ear for a nonmedical purpose;

(2) "Branding", a permanent mark made on human tissue by burning with a hot iron or other instrument;

(3) "Controlled substance", any substance defined in section 195.010, RSMo;

(4) "Minor", a person under the age of eighteen;

(5) "Tattoo", one or more of the following:

(a) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or

(b) An indelible design made on the body of another person by production of scars other than by branding.

2. No person shall knowingly tattoo, brand or perform body piercing on a minor unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents himself or herself as a parent is guilty of a class B misdemeanor.

3. A person shall not tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.

4. A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation of this section within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.

5. No person under the age of eighteen shall tattoo, brand or perform body piercing on another person.

324.522. 1. No practitioner of tattooing, body piercing or branding shall practice and no establishment in which tattoos, body piercing or brandings are applied shall be operated without a license issued by the director of the [department of economic development] division of professional registration. The [annual] license fee for each practitioner and each establishment shall be [seventy-five dollars] established by rule.

2. The director of the division of professional registration shall promulgate rules and regulations relative to the hygienic practice of tattooing and sanitary operations of tattoo establishments. Such rules and regulations shall include:

(1) Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license for the practice of tattooing;

(2) Procedures to be used to grant, revoke or reinstate a license;

(3) Inspection of tattoo establishments; and

(4) Any other matter necessary to the administration of this section.

3. [No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 324.520 to 324.524 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.

324.524. 1. All funds received by the division pursuant to sections 324.520 to 324.524 shall be collected by the director who shall transmit the funds to the department of revenue for deposit in the state treasury to the credit of the "Tattoo Fund" which is hereby created.

2. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds three times the amount of the appropriation from the tattoo fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the tattoo fund for the preceding fiscal year.

SECOND REGULAR SESSION

HOUSE BILL NO. 1241

90TH GENERAL ASSEMBLY

Pre-filed December 21, 1999, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

3304L.01I

AN ACT

To repeal section 324.522, RSMo Supp. 1999, relating to tattoo licensing, and to enact in lieu thereof one new section relating to the same subject.

Section A. Section 324.522, RSMo Supp. 1999, is repealed and one new section enacted in lieu thereof, to be known as section 324.522, to read as follows:

324.522. 1. No practitioner of tattooing, body piercing or branding shall practice and no establishment in which tattoos, body piercing or brandings are applied shall be operated without a license issued by the director of the division of professional registration. The license fee for each practitioner and each establishment shall be established by rule.

2. The director of the division of professional registration shall promulgate rules and regulations relative to the hygienic practice of tattooing, branding, body piercing and sanitary operations of tattoo, branding and body piercing establishments. Such rules and regulations shall include:

(1) Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license for the practice of tattooing, branding and body piercing;

(2) Procedures to be used to grant, revoke or reinstate a license;

(3) Inspection of tattoo establishments; and

(4) Any other matter necessary to the administration of this section.

3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 324.520 to 324.524 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.

tattoo artists to the professions regulated by the Division of Professional Registration. * $117,044 for two additional investigators and related expenses to respond ...
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