Regulations – Missouri
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|Oversight Body:||Missouri Department of Economic Development|
|Licensing Contact:||Missouri Office of Professional Registration|
|Legislative info available on this site:||324.499. Violations, penalty — right to sue. —324.520. Definitions — tattooing, branding, body piercing, prohibited, when, penalty. —324.522. Licensing required, when — rulemaking authority. —|
|Most recent legislation:|
|Other Michigan Law Resources:||http://www.alllaw.com/state_resources/missouri/|
Missouri Statutes TITLE XXII OCCUPATIONS AND PROFESSIONS Chapter 324 OCCUPATIONS AND PROFESSIONS GENERAL PROVISIONS 324.499. Violations, penalty — right to sue. — 1. Any person who violates any provision of sections 324.475 to 324.499 is guilty of a class B misdemeanor.
2. All fees or other compensation received for services which are rendered in violation of sections 324.475 to 324.499 shall be refunded.
3. The board on behalf of the committee may sue in its own name in any court in this state to enforce the provisions of sections 324.475 to 324.499. The board may investigate any alleged violations of sections 324.475 to 324.499 referred to it by the committee, may institute actions for penalties provided in this section and shall enforce generally the provisions of sections 324.475 to 324.499.
4. Upon application by the board, the attorney general may, on behalf of the board, request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:
(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or[fn*] practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license, issued pursuant to sections 324.475 to 324.499 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee.
5. Any action brought pursuant to this section may be in addition to, or in lieu of, any penalty provided by sections 324.475 to 324.499 and may be brought concurrently with other actions to enforce the provisions of sections 324.475 to 324.499.
[fn*] Word “of” appears in original rolls.
(L. 1998 H.B. 1601, et al. §§ 23)
324.520. Definitions — tattooing, branding, body piercing, prohibited, when, penalty. — 1. As used in sections 324.520 to 324.524, the following terms mean:
(1) “Body piercing”, the perforation of human tissue other than an ear for a nonmedical purpose;
(2) “Branding”, a permanent mark made on human tissue by burning with a hot iron or other instrument;
(3) “Controlled substance”, any substance defined in section 195.010, RSMo;
(4) “Minor”, a person under the age of eighteen;
(5) “Tattoo>”, one or more of the following:
(a) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
(b) An indelible design made on the body of another person by production of scars other than by branding.
2. No person shall knowingly <tattoo>, brand or perform body piercing on a minor unless such person obtains the prior written informed consent of the minor’s parent or legal guardian. The minor’s parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the <tattooing>, branding or body piercing on the minor, or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents himself or herself as a parent is guilty of a class B misdemeanor.
3. A person shall not <tattoo>, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.
4. A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation of this section within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.
5. No person under the age of eighteen shall <tattoo, brand or perform body piercing on another person.
(L. 1998 H.B. 1601, et al. §§ 24, A.L. 1999 H.B. 343)
[**Update notice: This section has been amended by H.B. NO. 567 of 2001]
1. No practitioner of tattooing>, body piercing or branding shall practice and no establishment in which <tattoos>, body piercing or brandings are applied shall be operated without a license issued by the director of the division of professional registration. The license fee for each practitioner and each establishment shall be established by rule.
2. The director of the division of professional registration shall promulgate rules and regulations relative to the hygienic practice of <tattooing> and sanitary operations of <tattoo> establishments. Such rules and regulations shall include:
(1) Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license for the practice of <tattooing>;
(2) Procedures to be used to grant, revoke or reinstate a license;
(3) Inspection of <tattoo establishments; and
(4) Any other matter necessary to the administration of this section.
3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 324.520 to 324.524 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested withthe general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.
(L. 1998 H.B. 1601, et al. §§ 25, A.L. 1999 H.B. 343)