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Committee hears bill to move body-art rules into Century Code, clarify licensing and penalties
Summary
The House Human Services Committee heard testimony on House Bill 1071, which would move existing body-art facility rules into the North Dakota Century Code, replace references to permits with licenses, and keep a class B misdemeanor penalty for operating without a license.
The House Human Services Committee on Wednesday opened a hearing on House Bill 1071, a Department of Health and Human Services request bill to move regulations for tattooing, body piercing, branding, subdermal implants and scarification into statute and clarify licensing and enforcement procedures.
Julie Wiegand, food and lodging director with the Department of Health and Human Services, told the committee the bill primarily moves definitions and procedures that currently sit in administrative code into the North Dakota Century Code “for transparency and consistency with other regulated professions and entities.” She said the changes also replace references to “permits” with “licenses,” add inspection authority before issuance of a license, and preserve enforcement remedies including disciplinary action, license denial and cease-and-desist orders.
"House Bill 1071 provides general housekeeping and clarifies procedures for expired licenses and penalties for operating without licensure to be consistent with existing licensure laws and to ensure fair and effective enforcement with fewer legal challenges," Wiegand said.
Wiegand told members the penalty for operating without a license remains a class B misdemeanor and that the department has held meetings with industry stakeholders. When Representative Fegley asked whether a class B misdemeanor must go through the court system, Wiegand replied, "A class b misdemeanor is a criminal, that would go through the court. Typically, that is prosecuted by the county state's attorney." Representative Rohrer asked whether owners had been informed; Wiegand said the department had conferred with industry leaders and that the statutory change does not create new substantive requirements beyond current administrative rules.
According to Wiegand, the department moved definitions that were previously only in administrative code into the Century Code (23-01-35) to make expectations and appeal rights more transparent, and to reduce legal uncertainty the department has encountered when enforcing licensing requirements. The bill also identifies the food and lodging unit as the lead agency to adopt rules regulating body-art facilities and practitioners.
Committee members asked how licensing denials and appeals would work; Wiegand said those processes would follow existing administrative procedures in chapter 28-32. At least one representative asked for additional time to review whether changing all references from "permit" to "license" could unintentionally affect operators; the committee agreed to hold the bill for further consideration pending that clarification.
No testimony in opposition was recorded during the hearing. The hearing record shows the department sought to consolidate existing administrative language into statute and to keep current enforcement and penalty structures intact.
