AN ACT to amend and reenact section 23-01-35 of the North Dakota Century Code, relating to tattooing, body piercing, branding, subdermal implants, and scarification; and to provide a penalty.
HB 1071 revises North Dakota’s regulation of tattooing, body piercing, branding, subdermal implants, and scarification by updating section 23-01-35 of the Century Code. The bill changes the framework from a permit-based system to a license-based system for facilities offering these services, requires annual licensing, and directs the Department of Health and Human Services to set application and renewal fees, inspect facilities, and adopt rules governing health and safety standards. It also authorizes the department to establish age-related limits for receiving these services and to prohibit practices it determines are unsafe or a threat to public health.
The bill preserves and clarifies exemptions for limited ear piercing, licensed health care professionals acting within their scope of practice, and associated medical facilities. It also adds or reinforces reporting requirements for injuries believed to result from these services, including written notice to customers and reporting by health care professionals, with immunity for professionals who report or do not report in good faith. Violations can result in class B misdemeanor charges, and the department may also seek cease-and-desist orders, injunctions, or disciplinary action such as denial, suspension, or revocation of a license.
HB 1071 would amend state law governing body art and related services by replacing the existing permit structure with a licensing regime and expanding the Department of Health and Human Services’ regulatory authority. It affects operators and individual practitioners in tattooing, piercing, branding, subdermal implant, and scarification businesses, while also creating enforcement tools, fee authority, and reporting obligations. The bill also directs fee revenue into the department’s operating fund and allows fee waivers for facilities already subject to local regulation.
The bill appears to have broad legislative support, passing the House 75-15 and the Senate 39-8. The available record does not include committee testimony or floor debate, so there is no detailed discussion of arguments for or against the measure. The vote totals suggest the bill was generally viewed favorably as a public health and consumer safety regulation, though a minority of members opposed it.
The main points of potential contention are the increased state oversight and compliance burden on tattoo and body art businesses, including annual licensing, inspections, fees, and possible criminal penalties for noncompliance. Another likely issue is the Department of Health and Human Services’ discretion to set age restrictions and prohibit practices it deems unsafe, which gives the agency broad rulemaking authority. The bill’s supporters likely emphasized health and safety, while opponents may have been concerned about regulatory expansion, costs, and the impact on small businesses and practitioners.