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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 3428 By: Archer and McEntire 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 to 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 prov iding an effective date .
AUTHOR: Add the following House Coauthor: Deck
AMENDMENT NO. 1. Page 4, line 12, after the letter “ D.”, insert the
following:
“A body piercing or tattoo operator applying for a new license
shall publish notice of the licens e 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
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unless the application for license renewal lists a different
location than the original or current license location. ”
and reletter subsequent subsection
Passed the Senate the 24th day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 3428 By: Archer and McEntire 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 to license
requirements, rules, regulati ons, 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 effe ctive date.
BE IT ENACTED BY THE PEOPLE OF T HE 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 op erators
and artists shall be prohibited from performing body piercing or
tattooing unless licensed in the appropriate catego ry by the State
Department of Health. The State Board of Health shall promulgate
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;
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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 and 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 inspection;
12. Administrative fines structure; and
13. Education and training; and
14. A surety bond in the principal sum of On e 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 operators.
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 abil ity of a city or county to require an
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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 or tattoo operator if the place of
business of the body piercing or tattoo operator is within one
thousand (1,000) feet of a c hurch, school, or playground.
2. The provisions of this subsecti on shall not apply to the
renewal of licenses or to new applications for locations whe re body
piercing or tattoo operators are licensed at the time the
application is filed with the Departmen t.
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 t han grounds at a
private dwelling, that is provided by the public or
members of a community for recreation.
D. A body piercing or tattoo operator applying for license
renewal or for a new li cense to perform at an existing body piercing
or tattoo place of business shall pay a certification fee
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established by the Department 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 applica tion 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 th e applicant proposes to engage in
business. The publication shall identify the exact location at
which the proposed business is to be operated.
F. D. The State Department of Health may notify has authority
to enforce the provisions of this section and re gulations
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 e xceed 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;
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2. Whenever it shall appear that any pers on is engaged or about
to engage in any acts o r practices which constitutes or will
constitute a violation of the provisions of Sect ion 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 th e relevant district court or in Oklahoma
County, an action to enjoin such acts or prac tices and to enforce
compliance with this act or any rule, order , or temporary or
permanent injunction shall be gr anted without bond. The Department,
the Attorney General, and the district attorney shall transmit such
evidence as may be available concerni ng such acts or practices or
concerning apparent violations of this act to the district attorney
for Oklahoma County, who, in their discretion, may institute
appropriate criminal proceedings .
SECTION 2. This act shall become effective November 1, 2024.
Passed the House of Representatives the 4th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate
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