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SENATE FLOOR VERSION
April 1, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3428 By: Archer, McEntire, and Deck
of the House
and
Kirt of the Senate
An Act relating to tattoo and body piercing; amending
21 O.S. 2021, Section 842.3, which relates t o license
requirements, rules, regulations, and penalties;
modifying mandatory rules; removing license
requirements; adding enforcement authority to the
State Department of Health; providing enforcement
authority to Attorney General and district attorneys;
providing venue; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 842.3, is
amended to read as follows:
Section 842.3 A. All body piercing operators, tattoo operators
and artists shall be prohibited from performing body piercing or
tattooing unless licensed in the appropriate category by the State
Department of Health. The State Board of Health shall promulgate
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rules regulating body piercing and tattooing which shall include,
but not be limited to:
1. Artist temporary and permanent licensure;
2. Facility operator temporary and permanent licensure;
3. Body piercing and tattoo facility requirements;
4. Equipment setup and requirements;
5. Procedures for sanitary body piercing and tattooing;
6. Forms to be completed prior to performing body piercing and
tattooing including, but not limited to, applications and parental
consent forms;
7. Hand washing and general health;
8. Body piercing an d tattoo site preparation and application;
9. Procedure following body piercing and tattoo application;
10. Limits and prohibitions concerning body piercing and
tattooing;
11. Facility inspection documents including, but not limited
to, equipment inspec tion;
12. Administrative fines structure; and
13. Education and training ; and
14. A surety bond in the principal sum of One Hundred Thousand
Dollars ($100,000.00) to be in a form approved by the Attorney
General and filed in the Office of the Secretary of State for all
body piercing and tattoo operator s.
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B. A city or county may adopt any regulations that do not
conflict with, or are more comprehensive than, the provisions of
this section or with the rules promulgated by the Department. This
section does not limit the ability of a city or county to require an
applicant to obtain any further business licenses or permits that
the city or county deems appropriate.
C. 1. The State Department of Health shall not grant or issue
a license to a body piercing o r tattoo operator if the place of
business of the body piercing or tattoo operator is within one
thousand (1,000) feet of a church, school, or playground.
2. The provisions of this subsection shall not apply to the
renewal of licenses or to new applicatio ns for locations where body
piercing or tattoo operators are licensed at the time the
application is filed with the Department.
3. As used in this subsection:
a. "church" means an establishment, other than a private
dwelling, where religious services are usually
conducted,
b. "school" means an establishment, other than a private
dwelling, where the usual processes of education are
usually conducted, and
c. "playground" means a place, other than grounds at a
private dwelling, that is provided by the public or
members of a community for recreation.
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D. A body piercing or tattoo operator applying for license
renewal or for a new license to perform at an existing body piercing
or tattoo place of business shall pay a certification fee
established by the Departme nt by rule to determine if the exemptions
provided for in paragraph 2 of subsection C of this section apply .
E. A body piercing or tattoo operator applying for license
renewal or for a new license under subsection C of this section
shall publish notice of the license application or renewal at least
once a week for three (3) consecutive weeks in a newspaper of
general circulation nearest to the proposed location of the business
and most likely to give notice to interested citizens of the county,
city, and community in which the applicant proposes to engage in
business. The publication shall identify the exact location at
which the proposed business is to be operated.
F. D. A body piercing or tattoo operator applying for a new
license shall publish notice o f the license application one time in
a newspaper of general circulation nearest to the proposed location
of the body piercing or tattoo business most likely to give notice
to interested citizens of the county, city, and community in which
the application proposes to engage in business. The publication
shall identify the exact location at which the proposed business is
to be operated. The required notice shall not apply to license
renewals unless the application for license renewal lists a
different location than the original or current license location.
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E. The State Department of Health may notify has authority to
enforce the provisions of this section and regulations promulgated
pursuant hereto. The Department may enforce by one or both of the
following means:
1. Notifying the district attorney , of any relevant county, of
a violation of Section 842.1 of this title or rules promulgated
pursuant thereto and, in addition to any criminal penalty imposed,
the Department may impose an administrative fine not to exceed Five
Thousand Dollars ($5,000.00) per violation per day, and may suspend,
revoke, or deny the license of the establishment, or may impose both
such administrative fine and suspension, revocation , or denial for
any such violation;
2. Whenever it shall appear that any person is engaged or about
to engage in any acts or practices which constitutes or will
constitute a violation of the provisions of Section 842.1 of this
title, or of any rule, or order thereunder, the Department, the
Attorney General, or the district attorney of any relevant county
may bring action in the relevant district court or in Oklahoma
County, an action to enjoin such acts or practices and to enforce
compliance with this act or any rule, order, or temporary or
permanent injunction shall be granted without bond. The Departme nt,
the Attorney General, and the district attorney shall transmit such
evidence as may be available concerning such acts or practices or
concerning apparent violations of this act to the district attorney
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for Oklahoma County, who, in their discretion, may institute
appropriate criminal proceedings .
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 1, 2024 - DO PASS AS AMENDED