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Division 267 - Office of Tattooing, Body Piercing
and Branding
Chapter
1 - General Organization and Procedures
Chapter
2 - Licensing Requirements
Chapter
3 - Establishments
Chapter
4 - Temporary Establishments
Chapter
5 - Standards of Practice
Chapter
6 - Complaints and Investigations
Chapter 324
Occupations and Professions General Provisions
Section 324.522
August 28, 2002
Licensing required, when--rulemaking authority.
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, body piercing and branding, and sanitary operations
of tattoo, body piercing and branding 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, body piercing and branding;
(2) Procedures to be used to grant, revoke or reinstate a license;
(3) Inspection of tattoo, body piercing and branding 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. 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, 2001, shall be invalid
and void.
(L. 1998 H.B. 1601, et al. § 25, A.L. 1999 H.B. 343, A.L.
2001 H.B. 567)
Chapter 324
Occupations and Professions General Provisions
Section 324.520
August 28, 2002
Definitions--tattooing, branding, body piercing, prohibited, when,
penalty.
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)
Chapter 324
Occupations and Professions General Provisions
Section 324.524
August 28, 2002
Tattoo fund.
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.
(L. 1999 H.B. 343)
Missouri Revised Statutes
Chapter 324
Occupations and Professions General Provisions
Section 324.520
August 28, 2000
Definitions--tattooing, branding, body piercing, prohibited, when,
penalty.
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)
PENDING BILL
HB343 REVISES LAWS ON LICENSING FOR VARIOUS PROFESSIONS.
Sponsor: Treadway, Joseph L. (96) Effective Date:00/00/0000
CoSponsor: LR Number:0969-14
Last Action: 07/13/1999 - Approved by Governor (G)
07/13/1999 - Delivered to Secretary of State
CCS SCS HCS HB 343
Next Hearing: Hearing not scheduled
Calendar: Bill currently not on calendar
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
INTRODUCED BY REPRESENTATIVE TREADWAY.
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.
Be it enacted by the General Assembly of the state of Missouri,
as follows:
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.
Scotland County Health Department
Administrator: Margaret Curry
Address: Route 1, Box 55A
Memphis, MO 63555 Office Hours: 8:00 - 4:00
Telephone: 660/465-7275 Fax: 660/465-2320
e-mail: mcurry@nemr.net Web Site: N/A
# of Full-time Employees: 3 # of Part-time Employees: 6
Advisory Board: Yes Medical Director: No Physician Consultant: Yes
Attorney Retained: No Governing Body: Board Mill Tax Rate: $0.15
Ordinances: Tattoo Ordinance - Never enforced, no county tattoo
facilities.
Primary Focus: Promote healthy lifestyles.
tattoo artists to the professions regulated by the Division of
Professional Registration. * $117,044 for two additional investigators
and related expenses to respond ...
http://www.oa.state.mo.us/bp/budg2000/dolir/ , 29009 bytes
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