CHAPTER 206
H.P. 358 - L.D. 481
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 64 is enacted to read:
CHAPTER 64
BODY PIERCING
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Body piercer. "Body piercer" means a person who performs body piercing on another.
2. Body piercing. "Body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow. "Body piercing" does not, for the purpose of this chapter, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
3. Body piercing establishment. "Body piercing establishment" means the premises where a body piercer performs body piercing.
4. Department. "Department" means the Department of Human Services.
5. Minor. "Minor" means an individual under 18 years of age who is not emancipated as defined by Title 15, section 3003, subsection 6.
The department shall establish sterilization, sanitation and safety standards for persons engaged in the business of body piercing. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies. The standards must be adopted by the department by November 1, 1997.
§4323. Body piercing of minors
A body piercer may not perform body piercing on a minor unless the individual obtains the prior written consent of the minor's parent or legal guardian. The prohibition contained in this section does not apply if:
1. Proper identification. The body piercer has been furnished with proper identification showing that the individual is 18 years of age or older; and
2. Age. The body piercer reasonably believes such a minor to be 18 years of age or older.
A person may not engage in the art of body piercing without first obtaining a license from the department.
The department may license persons to practice the art of body piercing. Licenses are issued annually by the department upon the payment of a fee not to exceed $75. The license for a person engaged in both the arts of tattooing, as defined by chapter 63, and body piercing may not exceed $100. The fee required by this section includes the cost of an annual inspection of the body piercing establishment by the department. Licenses expire one year from date of issue.
The department shall adopt rules necessary for regulating the art of body piercing. Rules adopted pursuant to this chapter are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.
A person who fails to be licensed as provided by section 4324, violates the sterilization, sanitation or safety standards or performs body piercing on a minor without parental consent is guilty of a civil violation for which a forfeiture of not less than $50 nor more than $500 may be adjudged for each violation.
Beginning January 1, 1998, a person seeking to engage in the business of body piercing shall comply with the provisions of this chapter.
This chapter does not restrict the activities of a physician or surgeon licensed under chapter 48.
Effective September 19, 1997, unless otherwise indicated.
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