Current Status Bill Number:1042 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980217 Primary Sponsor:Peeler All Sponsors:Peeler Drafted Document Number:bbm\9691jm.98 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Body piercing and permanent cosmetics, Health and Environmental Control Department to regulate, Medical
Body Date Action Description Com Leg Involved
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Senate 19980217 Introduced, read first time, 13 SMA
referred to Committee
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TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING AND PERMANENT COSMETICS IN THIS STATE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-32-10. As used in this chapter:
(1) 'Body piercing' means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. 'Body piercing' does not, for the purpose of this chapter, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(2) 'Permanent cosmetics' means the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.
(3) 'Department' means the Department of Health and Environmental Control.
Section 44-32-20. The Department of Health and Environmental Control shall establish sterilization, sanitation, and safety standards for persons engaged in the business of body piercing or permanent cosmetics. The department shall provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.
Section 44-32-30. Within thirty days after standards are adopted by the department, the department shall distribute those standards in written form to all county health departments.
Section 44-32-40. (A) Every person engaged in the business of body piercing or permanent cosmetics shall register by July 1, 1999, with the county health department of the county in which that business is conducted. A registrant shall do all of the following:
(1) obtain a copy of the department's standards from the county health department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;
(2) provide the county health department with his or her business address and the address at which the registrant performs any activity regulated by this chapter;
(3) pay a one-time registration fee of twenty-five dollars, to be paid directly to the county health department;
(4) pay an annual inspection fee of one hundred five dollars to the county health department.
(B) This section does not preclude a county from charging an additional amount if necessary to cover the cost of registration and inspection.
(C) Fees established by this chapter must be used exclusively in support of activities pursuant to this chapter.
Section 44-32-50. Every county health department shall conduct annual inspections of the locations at which registrants under this chapter conduct regulated activities.
Section 44-32-60. (A) A county may adopt regulations that do not conflict with, or are more comprehensive than, the provisions of this chapter or with the standards adopted by the department.
(B) This chapter does not limit a county's ability to require a registrant to obtain any business license or permit that the county finds appropriate.
Section 44-32-70. A person who fails to register as provided by Section 44-32-40 or violates the sterilization, sanitation, and safety standards after July 1, 1999, shall be subject to a civil penalty of five hundred dollars for each violation. This penalty may be collected in an action brought by the prosecuting attorney of a county or municipality in which the violation occurred. All penalties collected must be retained by the county.
Section 44-32-80. On or after July 1, 1999, a person seeking to engage in the business of body piercing or permanent cosmetics shall comply with the provisions of this chapter.
Section 44-32-90. This chapter does not restrict the activities of a physician and surgeon licensed pursuant to the laws of this State.
Section 44-32-100. (A) It is unlawful for a person to perform or offer to perform body piercing or permanent cosmetics upon a person under the age of eighteen years, unless the body piercing or permanent cosmetics is performed in the presence of, or as directed by a notarized writing by, the person's parent or legal guardian.
(B) This section does not apply to the body piercing or permanent cosmetics of an emancipated minor.
(C) The minor upon whom the body piercing or permanent cosmetics was performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment under this section.
(D) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both."
SECTION 2. This act takes effect July 1, 1999.