Senate Bill 2415

AN ACT TO AMEND SECTIONS 73-61-1 AND 73-61-3, MISSISSIPPI CODE OF 1972, TO MAKE LAWFUL PLACING A TATTOO OR PERFORMING BODY PIERCING UPON A PERSON UNDER THE AGE OF 18 WITH THE WRITTEN PERMISSION OF THE PERSON'S PARENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-61-1, Mississippi Code of 1972, is amended as follows:

73-61-1. (1) No person shall place a tattoo upon the body of a human for compensation within the State of Mississippi without first registering with the State Department of Health. The facility or premises in which tattooing is to be performed shall be specified in the registration, and the registered person shall be authorized to perform tattooing only in the specified facility or premises. For the purposes of this section, "tattooing" means to make indelible marks or designs on or visible through the skin of a human by puncturing or pricking the skin with a needle or other instrument and inserting ink or other pigments, and "tattoo" means the indelible mark or design so produced. Registrations shall be valid for one (1) year, and each person registered under this section shall pay an annual registration fee to the department in an amount set by the department, but not to exceed One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all registered persons.

(2) The State Board of Health shall promulgate rules and regulations relating to:

(a) Health, cleanliness and general sanitation of the facilities or premises in which tattooing is performed or to be performed;

(b) Sterilization of tattooing apparatus and safe disposal of tattooing apparatus;

(c) Procedures to prevent the transmission of disease or infection during or relating to tattooing procedures, specifically including, but not limited to, transmission of Hepatitis B and the human immunodeficiency virus (HIV); and

(d) Such other administrative provisions as may be necessary to protect public health or properly administer the requirements of this section.

(3) Representatives of the department may visit any facility or premises in which tattooing is performed at any time during business hours to ensure compliance with the requirements of this section and the rules and regulations promulgated under this section. Representatives of the department shall visit each facility or premises in which tattooing is performed not less than once each year to inspect for such compliance. The department may suspend or revoke the registration of any person found to be violating any of the rules or regulations promulgated under this section.

(4) It shall be unlawful for any person to place a tattoo upon the body of any person under the age of eighteen (18) years, without the written permission of the parent of the person receiving the tattoo.

(5) Any person who places a tattoo upon the body of a human for compensation without first registering with the department or after his registration has been suspended or revoked by the department, or any person who places a tattoo upon the body of any person in violation of subsection (4) of this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

(6) The department is authorized to bring an action for an injunction under the provisions of Sections 73-51-1 through 73-51-5 to prohibit any person who is required to be registered under this section from performing tattooing without first registering with the department or after his registration has been suspended or revoked by the department.

(7) This section shall not apply to physicians licensed to practice medicine in Mississippi in the performance of their professional duties.

SECTION 2. Section 73-61-3, Mississippi Code of 1972, is amended as follows:

73-61-3. (1) For the purposes of this section, the term "body piercing" means the creation of an opening in any part of the human body, other than the outer perimeter or lobe of the ear, for the purpose of inserting jewelry or other decorative object, or for some other nonmedical purpose.

(2) No person shall perform body piercing upon any person for compensation within the State of Mississippi without first registering with the State Department of Health. The facility or premises in which body piercing is to be performed shall be specified in the registration, and the registered person shall be authorized to perform body piercing only in the specified facility or premises. Registrations shall be valid for one (1) year, and each person registered under this section shall pay an annual registration fee to the department in an amount set by the department, but not to exceed One Hundred Fifty Dollars ($150.00), which fee shall be uniform for all registered persons.

(3) The State Board of Health shall promulgate rules and regulations relating to:

(a) Health, cleanliness and general sanitation of the facilities or premises in which body piercing is performed or to be performed;

(b) Sterilization of body piercing apparatus and safe disposal of body piercing apparatus;

(c) Procedures to prevent the transmission of disease or infection during or relating to body piercing procedures, specifically including, but not limited to, transmission of Hepatitis B and the human immunodeficiency virus (HIV); and

(d) Such other administrative provisions as may be necessary to protect public health or properly administer the requirements of this section.

(4) Representatives of the department may visit any facility or premises in which body piercing is performed at any time during business hours to ensure compliance with the requirements of this section and the rules and regulations promulgated under this section. Representatives of the department shall visit each facility or premises in which body piercing is performed not less than once each year to inspect for such compliance. The department may suspend or revoke the registration of any person found to be violating any of the rules or regulations promulgated under this section.

(5) It shall be unlawful for any person to perform body piercing upon any person under the age of eighteen (18) years, without the written permission of the parent of the person upon whom the body piercing is performed.

(6) Any person who performs body piercing for compensation without first registering with the department or after his registration has been suspended or revoked by the department, or any person who performs body piercing upon any person in violation of subsection (5) of this section, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

(7) The department is authorized to bring an action for an injunction under the provisions of Sections 73-51-1 through 73-51-5 to prohibit any person who is required to be registered under this section from performing body piercing without first registering with the department or after his registration has been suspended or revoked by the department.

(8) This section shall not apply to physicians licensed to practice medicine in Mississippi in the performance of their professional duties.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.