12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT ESTABLISHING A PERMIT REQUIREMENT FOR BODY PIERCING AND 2 |
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14 | 15 | | REQUIRING THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES 3 |
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15 | 16 | | ESTABLISHING REQUIREMENTS FOR OBTAINING INITIAL AND RENEWAL 4 |
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16 | 17 | | BODY PIERCING PERMITS. 5 |
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17 | 18 | | The General Assembly of North Carolina enacts: 6 |
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18 | 19 | | SECTION 1. Article 8 of Chapter 130A of the General Statutes is amended by 7 |
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19 | 20 | | adding a new Part to read: 8 |
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20 | 21 | | "Part 11A. Body Piercing Regulated. 9 |
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21 | 22 | | "§ 130A-283.10. Body piercing regulated. 10 |
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22 | 23 | | (a) Definitions. – The following definitions apply in this Part: 11 |
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23 | 24 | | (1) Body piercing. – The act of piercing of any part of the body of another person, 12 |
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24 | 25 | | other than their ears, for the purpose of allowing the insertion of earrings, 13 |
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25 | 26 | | jewelry, or similar objects into the body, through puncturing by use of a needle 14 |
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26 | 27 | | or any other method. 15 |
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27 | 28 | | (2) Body piercing establishment. – Any location or part of a location where body 16 |
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28 | 29 | | piercing is conducted. 17 |
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29 | 30 | | (b) Prohibited Practice; Exemption. – No person shall engage in body piercing without 18 |
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30 | 31 | | first obtaining a body piercing permit from the Department. Each person who obtains a permit to 19 |
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31 | 32 | | practice body piercing under this section shall post the permit in a conspicuous location at the 20 |
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32 | 33 | | body piercing establishment. Licensed physicians, as well as physician assistants and nurse 21 |
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33 | 34 | | practitioners working under the supervision of a licensed physician, who perform body piercing 22 |
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34 | 35 | | within the normal course of their professional practice are exempt from the requirements of this 23 |
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35 | 36 | | Part. 24 |
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36 | 37 | | (c) Permits. – To obtain a body piercing permit, a person shall apply to the Department 25 |
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37 | 38 | | on forms prescribed by the Department. Upon receipt of the application, the Department, acting 26 |
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38 | 39 | | through the local health department, shall inspect the premises, instruments, utensils, equipment, 27 |
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39 | 40 | | and procedures of the applicant to determine whether the applicant meets the requirements for a 28 |
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40 | 41 | | body piercing permit established by the Commission pursuant to G.S. 130A-29(c). If the 29 |
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41 | 42 | | applicant meets these requirements, the Department shall issue a permit to the applicant. A permit 30 |
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42 | 43 | | is valid for one year and shall be renewed annually by applying to the Department on forms 31 |
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43 | 44 | | prescribed by the Department for a permit renewal. 32 |
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44 | 45 | | (d) Adverse Actions on Permits; Appeals. – The Department may deny an application for 33 |
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45 | 46 | | a body piercing permit if an applicant does not meet the requirements established by the 34 |
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46 | 47 | | Commission for obtaining a permit. The Department may suspend, revoke, or refuse to renew a 35 |
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49 | 54 | | with G.S. 130A-24(a), Chapter 150B of the General Statutes, the Administrative Procedure Act, 1 |
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50 | 55 | | governs appeals concerning the enforcement of this Part. 2 |
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51 | 56 | | (e) Limitation. – Compliance with this Part is not a bar to prosecution for a violation of 3 |
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52 | 57 | | G.S. 14-400." 4 |
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53 | 58 | | SECTION 2. G.S. 130A-29(c) is amended by adding a new subdivision to read: 5 |
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54 | 59 | | "(12) Establishing requirements to obtain and renew a body piercing permit under 6 |
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55 | 60 | | Part 11A of Article 8 of this Chapter. The rules shall include requirements for 7 |
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56 | 61 | | the sanitation of premises, utensils, equipment, and procedures to be used by 8 |
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57 | 62 | | a person engaged in body piercings." 9 |
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58 | 63 | | SECTION 3. Section 1 of this act becomes effective on the date that rules adopted 10 |
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59 | 64 | | pursuant to G.S. 130A-29(c)(12), as enacted by Section 2 of this act, become effective. The 11 |
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60 | 65 | | Codifier of Rules shall notify the Revisor of Statutes of the effective date of rules adopted 12 |
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61 | 66 | | pursuant to Section 2 of this act. The remainder of this act is effective when it becomes law. 13 |
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