Changes to Existing Law

The Department of Health may adopt and enforce, subject to chapter 1-26, orders6 and rules necessary to preserve and protect the public health and may regulate, by requiring7 licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of8 the following matters: (1)The manufacture into articles of commerce, other than food, of diseased, tainted, or10 decayed animal or vegetable matter; (2)The location of cemeteries and the removal and burial of the dead; (3)The management of lying-in houses and boarding places for infants, and the13 treatment of infants therein; (4)The construction and equipment, in respect to sanitary conditions, of schools, hospitals, prisons, and other public institutions; (5)The treatment in hospitals and elsewhere of persons suffering from any communicable diseases disease, the disinfection and quarantine of persons and places18 in case of such disease, and the reporting of sickness and deaths therefrom from disease; (6)The distribution of biological products to be used for the prevention and treatment21 of communicable diseases; (7)The diagnosis, control, and treatment of tuberculosis; and23 (8)The minimum sanitation requirements for tattooing, saline tattoo removal, and body24 - 3 -HB 1176 piercing as defined in § 9-34-17, including premises, equipment, methods of1 operation, and freedom from communicable disease.2

Any municipality may regulate the practice of tattooing, saline tattoo removal, and5 body piercing by licensing tattoo artists and practitioners of tattooing, saline tattoo removal, or body piercing,; inspecting tattoo, saline tattoo removal, and body piercing establishments,; and7 establishing standards for sanitation that are at least as stringent as those adopted by the8 Department of Health pursuant to under § 34-1-17. The term, tattoo, means Terms used in this section mean: (1)"Tattooing," to make marks or designs into the skin by puncturing it and inserting11 indelible colors. Tattooing The term includes microblading and similar techniques12 used to partially or fully simulate natural hair. The term, body piercing, means; (2)"Saline tattoo removal," inserting a saline solution in skin to lighten or remove an existing tattoo. The term does not include the use of other acids or of lasers as 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1176 described in § 36-4-8.2; (3)"Body piercing," to place a permanent or temporary foreign object in a person's body2 for a decorative or other nonmedical purpose by a person not directly under the3 supervision of a licensed physician as defined by § 36-4-11.