AN ACT establishing a permit requirement for body piercing and requiring the commission for public health to adopt rules establishing requirements for obtaining initial and renewal body piercing permits.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 8 of Chapter 130A of the General Statutes is amended by adding a new Part to read:

Part 11A. Body Piercing Regulated.

§ 130A‑283.10.  Body piercing regulated.

(a)        Definitions. – The following definitions apply in this Part:

(1)        Body piercing. – The act of piercing of any part of the body of another person, other than their ears, for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, through puncturing by use of a needle or any other method.

(2)        Body piercing establishment. – Any location or part of a location where body piercing is conducted.

(b)        Prohibited Practice; Exemption. – No person shall engage in body piercing without first obtaining a body piercing permit from the Department. Each person who obtains a permit to practice body piercing under this section shall post the permit in a conspicuous location at the body piercing establishment. Licensed physicians, as well as physician assistants and nurse practitioners working under the supervision of a licensed physician, who perform body piercing within the normal course of their professional practice are exempt from the requirements of this Part.

(c)        Permits. – To obtain a body piercing permit, a person shall apply to the Department on forms prescribed by the Department. Upon receipt of the application, the Department, acting through the local health department, shall inspect the premises, instruments, utensils, equipment, and procedures of the applicant to determine whether the applicant meets the requirements for a body piercing permit established by the Commission pursuant to G.S. 130A‑29(c). If the applicant meets these requirements, the Department shall issue a permit to the applicant. A permit is valid for one year and shall be renewed annually by applying to the Department on forms prescribed by the Department for a permit renewal.

(d)       Adverse Actions on Permits; Appeals. – The Department may deny an application for a body piercing permit if an applicant does not meet the requirements established by the Commission for obtaining a permit. The Department may suspend, revoke, or refuse to renew a permit if it finds that body piercing is being performed in violation of this Part. In accordance with G.S. 130A‑24(a), Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning the enforcement of this Part.

(e)        Limitation. – Compliance with this Part is not a bar to prosecution for a violation of G.S. 14‑400.

SECTION 2.  G.S. 130A‑29(c) is amended by adding a new subdivision to read:

(12)    Establishing requirements to obtain and renew a body piercing permit under Part 11A of Article 8 of this Chapter. The rules shall include requirements for the sanitation of premises, utensils, equipment, and procedures to be used by a person engaged in body piercings.

SECTION 3.  Section 1 of this act becomes effective on the date that rules adopted pursuant to G.S. 130A‑29(c)(12), as enacted by Section 2 of this act, become effective. The Codifier of Rules shall notify the Revisor of Statutes of the effective date of rules adopted pursuant to Section 2 of this act. The remainder of this act is effective when it becomes law.