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HB 1071

AN ACT to amend and reenact section 23-01-35 of the North Dakota Century Code, relating to tattooing, body piercing, branding, subdermal implants, and scarification; and to provide a penalty.

69th Legislative Assembly (2025-26)

ND requires DHHS licensing and safety rules for tattooing, piercing, branding, subdermal implants, and scarification, with inspections and penalties to protect public health.

Filed with Secretary Of State 03/24
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Bill Summary · HB 1071

HB 1071 — North Dakota (2025)

Amends and reenacts NDCC §23‑01‑35 — Tattooing, body piercing, branding, subdermal implants, and scarification; provides penalties

Main purpose

To establish a statewide licensing and regulatory framework administered by the Department of Health and Human Services (DHHS) for facilities and practitioners who provide tattooing, body piercing, branding, subdermal implants, or scarification, and to create enforcement tools and penalties for noncompliance.

Key provisions

  • Definitions: Explicitly defines terms including “tattoo/tattooing” (includes cosmetic tattooing), “body piercing,” “branding,” “scarification,” and “subdermal implant.”
  • Licensing requirement: Prohibits operation of any facility offering the listed services without a license issued by DHHS. Licenses must be displayed and expire annually. (Language throughout changed from “permit” to “license.”)
  • Application, inspection, and fees:
    • Applicants submit a department form and pay a department‑established fee.
    • DHHS must inspect facilities for compliance before issuing a license and may inspect thereafter at a frequency it determines.
    • Fees must be based on the cost of plan reviews, routine/complaint inspections, enforcement, and license renewals; collected fees go to the department operating fund. DHHS may waive fees (in whole or part) for facilities subject to local jurisdiction.
  • Rules and safety standards: DHHS must adopt rules establishing health/safety requirements, age limitations for receiving procedures, and may prohibit practices deemed unsafe or a public‑health threat.
  • Exemptions: Limited ear‑lobe (noncartilaginous perimeter) piercing facilities and practitioners are exempt; licensed health‑care professionals acting within scope and associated medical facilities are exempt.
  • Injury reporting: Facility operators must provide customers written instructions on reporting alleged injuries to DHHS. Licensed health professionals who treat injuries they reasonably believe result from these services must report to DHHS; such professionals have immunity for making or not making a report.
  • Enforcement and penalties:
    • Operating without a license or failure to comply with statutes/rules by compensated practitioners is a class B misdemeanor.
    • DHHS may issue cease‑and‑desist orders, seek injunctions without proof of actual damages or an undertaking, and after notice and hearing may deny, suspend, revoke, or otherwise discipline licenses (procedures under chapter 28‑32).

Who is affected

  • Primary: facility operators and individuals who perform tattooing, body piercing, branding, subdermal implants, and scarification.
  • Secondary: customers/clients, licensed health‑care professionals (reporting duties), local jurisdictions (fee waivers and overlap), and DHHS (implementation, inspections, enforcement).

Procedural/timeline status

  • Filed: 11/12/2024.
  • Legislative action: Passed House (Yeas 75, Nays 15) and Senate (Yeas 39, Nays 8); Senate amendment #1 concurred.
  • Governor: Signed (reported 03/21/2025).
  • Filed with Secretary of State: 03/24/2025.
  • Act notification: Listed as Act 159 (notification 02/25/2025 appears in record).

Potential impact

  • Strengthens statewide public‑health oversight and uniform minimum safety standards.
  • Increases regulatory/compliance responsibilities and potential costs for operators (licensing fees, inspections, possible disciplinary action); DHHS workload increases for inspections, rulemaking and enforcement.
  • Gives DHHS broad enforcement authority (criminal penalties, injunctions) intended to protect consumers and public health.

Compiled from official sources — confirm details with the bill’s official record.

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