UNOFFICIAL COPY AS OF 02/06/17 04 REG. SESS. 04 RS BR 81
AN ACT relating to tongue splitting.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section, "tongue splitting" means the cutting of a human tongue into two (2) or more parts.
(2) A person shall not perform tongue splitting on another person unless the person is licensed to practice medicine under KRS 311.530 to 311.620 or licensed to practice dentistry under KRS Chapter 313.
(3) A physician or a dentist authorized under subsection (2) of this section may perform tongue splitting on a person only if there is a therapeutic or clinical basis for performing the procedure on the person.
(4) Tongue splitting performed in violation of this section is a Class A misdemeanor for the first offense and a Class D felony for the second or subsequent offense.
Section 2. KRS 211.760 is amended to read as follows:
(1) As used in this section:
(a) "Body piercing" means the act of penetrating the skin or body part of a human being to make a hole, mark, or scar, but does not include tongue splitting as defined in Section 1 of this Act;
(c) "Tattooing" means the act of producing scars on a human being or the act of inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce indelible marks or figures visible through the skin, including the application of permanent makeup.
(2) No person shall engage in, offer to engage in, or carry on any business of tattooing, body piercing, or both of humans by nonmedical personnel for remuneration within the Commonwealth of Kentucky without first registering with the local health department in the district or county in which the person is to perform tattooing, body piercing, or both. Registrations shall be valid for one (1) year. Applicants for registration shall pay a fee of twenty dollars ($20) to the local or district health department.
(3) The Cabinet for Health Services shall promulgate administrative regulations relating to:
(c) Procedures to prevent the spread of disease or infection during or relating to tattooing and body piercing procedures;
(d) Procedures to prevent any tattooing or body piercing of minors without the written notarized consent of a custodial parent or legal guardian; and
(e) Such other administrative regulations as may be necessary to protect public health or properly administer the program requirements of this section.
(4) Representatives of the cabinet or local or district health departments may visit a facility at any time during business hours to ensure compliance with the requirements of this section. Representatives of local or district health departments shall visit each registered facility in their county or district not less than twice each year.
(5) Any administrative hearing conducted under this section shall be conducted in accordance with KRS Chapter 13B.