135.37 - TATTOOING -- PERMIT REQUIREMENT -- PENALTY.

        135.37  TATTOOING -- PERMIT REQUIREMENT -- PENALTY.
         1.  A person shall not own, control and lease, act as an agent
      for, conduct, manage, or operate an establishment to practice the art
      of tattooing or engage in the practice of tattooing without first
      applying for and receiving a permit from the Iowa department of
      public health.
         2.  A minor shall not obtain a tattoo and a person shall not
      provide a tattoo to a minor.  For the purposes of this section,
      "minor" means an unmarried person who is under the age of
      eighteen years.
         3.  A person who fails to meet the requirements of subsection 1 or
      a person providing a tattoo to a minor is guilty of a serious
      misdemeanor.
         4.  The Iowa department of public health shall:
         a.  Adopt rules pursuant to chapter 17A and establish and
      collect all fees necessary to administer this section.  The
      provisions of chapter 17A, including licensing provisions, judicial
      review, and appeal, shall apply to this chapter.
         b.  Establish minimum safety and sanitation criteria for the
      operation of tattooing establishments.
         5.  If the Iowa department of public health determines that a
      provision of this section has been or is being violated, the
      department may order that a tattooing establishment not be operated
      until the necessary corrective action has been taken.  If the
      establishment continues to be operated in violation of the order of
      the department, the department may request that the county attorney
      or the attorney general make an application in the name of the state
      to the district court of the county in which the violations have
      occurred for an order to enjoin the violations.  This remedy is in
      addition to any other legal remedy available to the department.
         6.  As necessary to avoid duplication and promote coordination of
      public health inspection and enforcement activities, the department
      may enter into agreements with local boards of health to provide for
      inspection of tattooing establishments and enforcement activities in
      accordance with the rules and criteria implemented under this
      section.  
         Section History: Recent Form
         89 Acts, ch 154, § 1; 2008 Acts, ch 1058, §4; 2009 Acts, ch 133,
      §33
         Referred to in § 157.3A