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)
324.522. Licensing required, when -- rulemaking authority. --
[**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)
