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TEXT OF LAW:
Chapter 130A.
Public Health.
ARTICLE 1. Definitions, General Provisions and Remedies.
Part 1. General Provisions.
§ 130A-29.
Commission for Health Services -- Creation, powers and duties.
(a) The Commission for Health Services is created with the authority and duty to adopt rules to protect and promote the public health.
(b) The Commission is authorized to adopt rules necessary to implement the public health programs administered by the Department as provided in this
Chapter.
(c) The Commission shall adopt rules:
(1) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5.
(2) Establishing standards for approving sewage- treatment devices and holding tanks for marine toilets as provided in G.S. 75A-6(o).
(3) Establishing specifications for sanitary privies for schools where water-carried sewage facilities are unavailable as provided in G.S.
115C-522.
(4) Establishing requirements for the sanitation of local confinement facilities as provided in Part 2 of Article 10 of Chapter 153A of the General
Statutes.
(5) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1.
(5a) Establishing eligibility standards for participation in Department reimbursement programs.
(6) Requiring proper treatment and disposal of sewage and other waste from chemical and portable toilets.
(7) Establishing statewide health outcome objectives and delivery standards.
(8) Establishing permit requirements for the sanitation of premises, utensils, equipment, and procedures to be used by a person engaged in
tattooing, as provided in Part 11 of Article 8 of this Chapter.
(d) The Commission is authorized to create:
(1) Metropolitan water districts as provided in G.S. 162A-33;
(2) Sanitary districts as provided in Part 2 of Article 2 of this Chapter; and
(3) Mosquito control districts as provided in Part 2 of Article 12 of this Chapter.
(e) Rules adopted by the Commission shall be enforced by the Department.
Part 11. Tattooing.
§ 130A-283. Tattooing regulated.
(a) Definition. -- As used in this Part, the term "tattooing" means the inserting of permanent markings or coloration, or the producing of scars, upon or under
human skin through puncturing by use of a needle or any other method.
(b) Prohibited Practice. -- No person shall engage in tattooing without first obtaining a tattooing permit from the Department. Licensed physicians, as well
as physician assistants and nurse practitioners working under the supervision of a licensed physician, who perform tattooing within the normal course of their
professional practice are exempt from the requirements of this Part.
(c) Application. -- To obtain a tattooing permit, a person must apply to the Department. Upon receipt of the application, the Department, acting through the
local health department, shall inspect the premises, instruments, utensils, equipment, and procedures of the applicant to determine whether the applicant
meets the requirements for a tattooing permit set by the Commission. If the applicant meets these requirements, the Department shall issue a permit to the
applicant. A permit is valid for one year and must be renewed annually by applying to the Department for a permit renewal.
(d) Violations. -- The Department may deny an application for a tattooing permit if an applicant does not meet the requirements set by the Commission for the
permit. The Department may suspend, revoke, or refuse to renew a permit if it finds that tattooing is being performed in violation of this Part. In accordance
with G.S. 130A-24(a), Chapter 150B of the General Statutes, the Administrative Procedure Act, governs appeals concerning the enforcement of this Part.
(e) Limitation. -- A permit issued pursuant to this Part does not authorize a person to remove a tattoo from the body of a human being. Compliance with this
Part is not a bar to prosecution for a violation of G.S. 14-400.
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