1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3428 By: Archer
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6 AS INTRODUCED
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7 An Act relating to tattoo and body piercing; amending
7 21 O.S. 2021, Section 842.3, which relates to license
8 requirements, rules, regulations, and penalties;
8 modifying mandatory rules; removing license
9 requirements; adding enforcement authority to the
9 State Department of Health; providing enforcement
10 authority to Attorney General and district attorneys;
10 providing venue; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 842.3, is
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15 amended to read as follows:
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16 Section 842.3 A. All body piercing operators, tattoo operators
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17 and artists shall be prohibited from performing body piercing or
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18 tattooing unless licensed in the appropriate category by the State
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19 Department of Health. The State Board of Health shall promulgate
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20 rules regulating body piercing and tattooing which shall include,
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21 but not be limited to:
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22 1. Artist temporary and permanent licensure;
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23 2. Facility operator temporary and permanent licensure;
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24 3. Body piercing and tattoo facility requirements;
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 1 4. Equipment setup and requirements;
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2 5. Procedures for sanitary body piercing and tattooing;
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3 6. Forms to be completed prior to performing body piercing and
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4 tattooing including, but not limited to, applications and parental
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5 consent forms;
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6 7. Hand washing and general health;
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7 8. Body piercing and tattoo site preparation and application;
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8 9. Procedure following body piercing and tattoo application;
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9 10. Limits and prohibitions concerning body piercing and
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10 tattooing;
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11 11. Facility inspection documents including, but not limited
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12 to, equipment inspection;
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13 12. Administrative fines structure; and
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14 13. Education and training; and
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15 14. A surety bond in the principal sum of One Hundred Thousand
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16 Dollars ($100,000.00) to be in a form approved by the Attorney
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17 General and filed in the Office of the Secretary of State for all
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18 body piercing and tattoo operators.
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19 B. A city or county may adopt any regulations that do not
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20 conflict with, or are more comprehensive than, the provisions of
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21 this section or with the rules promulgated by the Department. This
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22 section does not limit the ability of a city or county to require an
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23 applicant to obtain any further business licenses or permits that
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24 the city or county deems appropriate.
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 1 C. 1. The State Department of Health shall not grant or issue
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2 a license to a body piercing or tattoo operator if the place of
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3 business of the body piercing or tattoo operator is within one
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4 thousand (1,000) feet of a church, school, or playground.
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5 2. The provisions of this subsection shall not apply to the
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6 renewal of licenses or to new applications for locations where body
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7 piercing or tattoo operators are licensed at the time the
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8 application is filed with the Department.
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9 3. As used in this subsection:
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10 a. "church" means an establishment, other than a private
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11 dwelling, where religious services are usually
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12 conducted,
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13 b. "school" means an establishment, other than a private
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14 dwelling, where the usual processes of education are
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15 usually conducted, and
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16 c. "playground" means a place, other than grounds at a
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17 private dwelling, that is provided by the public or
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18 members of a community for recreation.
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19 D. A body piercing or tattoo operator applying for license
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20 renewal or for a new license to perform at an existing body piercing
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21 or tattoo place of business shall pay a certification fee
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22 established by the Department by rule to determine if the exemptions
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23 provided for in paragraph 2 of subsection C of this section apply.
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 1 E. A body piercing or tattoo operator applying for license
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2 renewal or for a new license under subsection C of this section
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3 shall publish notice of the license application or renewal at least
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4 once a week for three (3) consecutive weeks in a newspaper of
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5 general circulation nearest to the proposed location of the business
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6 and most likely to give notice to interested citizens of the county,
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7 city, and community in which the applicant proposes to engage in
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8 business. The publication shall identify the exact location at
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9 which the proposed business is to be operated.
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10 F. D. The State Department of Health may notify has authority
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11 to enforce the provisions of this section and regulations
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12 promulgated pursuant hereto. The Department may enforce by one or
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13 both of the following means:
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14 1. Notifying the district attorney, of any relevant county, of
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15 a violation of Section 842.1 of this title or rules promulgated
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16 pursuant thereto and, in addition to any criminal penalty imposed,
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17 the Department may impose an administrative fine not to exceed Five
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18 Thousand Dollars ($5,000.00) per violation per day, and may suspend,
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19 revoke, or deny the license of the establishment, or may impose both
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20 such administrative fine and suspension, revocation, or denial for
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21 any such violation;
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22 2. Whenever it shall appear that any person is engaged or about
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23 to engage in any acts or practices which constitutes or will
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24 constitute a violation of the provisions of Section 842.1 of this
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 1 title, or of any rule, or order thereunder, the Department, the
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2 Attorney General, or the district attorney of any relevant county
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3 may bring action in the relevant district court or in Oklahoma
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4 County, an action to enjoin such acts or practices and to enforce
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5 compliance with this act or any rule, order, or temporary or
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6 permanent injunction shall be granted without bond. The Department,
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7 the Attorney General, and the district attorney shall transmit such
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8 evidence as may be available concerning such acts or practices or
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9 concerning apparent violations of this act to the district attorney
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10 for Oklahoma County, who, in their discretion, may institute
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11 appropriate criminal proceedings.
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12 SECTION 2. This act shall become effective November 1, 2024.
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14 59-2-8835 TJ 01/05/24
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