Section 1200-23-06-.03 - CONSENT AND BODY PIERCING OF MINORS(1) No person shall perform a body piercing procedure on an individual who is under eighteen (18) years of age, unless written consent has been given by the individual's parent, legal guardian, or legal custodian in accordance with this section. However, the provisions of this section shall not apply to an individual who has been emancipated by marriage or by a court order directly pertaining to body piercing.(2) Emancipated individuals must present the marriage license or a copy of the court order and another form of identification at the time of the body piercing procedure.(3) A parent, legal guardian, or legal custodian of an individual under age eighteen (18) who desires to give consent to a business for performance of a body piercing procedure on the individual under the age of eighteen (18) shall do all of the following: (a) appear in person at the business at the time the procedure is performed;(b) produce proof of age of the attesting individual; and(c) sign a form provided by the business that:1. states the minor's gender and age in years. (For minors less than one (1) year old, the age in months up to and including twelve (12) months of age shall be stated);2. explains the manner in which the procedure will be performed and the methods for proper care of the affected body area following performance of the procedure; and3. requires signing of a statement with the exact wording as follows: "I, the undersigned, certify that I am the parent, legal guardian, or legal custodian of the named minor and further give consent to the body piercing procedure(s) as explained. I acknowledge that I am fully aware that to falsify my legal standing as to being the minor's parent, legal guardian or legal custodian constitutes a Class C misdemeanor. A Class C misdemeanor means imprisonment for not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00) or both. (T.C.A. 40-35-111)."
(4) Records of body piercing procedures performed on minors shall be maintained by the operator for two (2) years. A copy of all paperwork on an individual under age eighteen (18) shall be forwarded to the department within thirty (30) business days following performance of the body piercing procedure, and the department shall retain such paperwork for two (2) years. This paperwork shall include, but not be limited to: (a) the signed document that explains the manner in which the procedure was performed and th e methods for proper care;(b) a copy of the proof of age of the attesting individual; and(c) the signed statement that the individual is the minor's parent, legal guardian, or legal custodian, that provides permission to perform a body piercing procedure on a minor and that stipulates that the attesting individual understands the consequences for falsifying their legal standing as to being the parent, legal guardian, or legal custodian.(5) Unless consent has been given in accordance with 1200-23-6-.03(3), no individual who is under age eighteen (18) shall obtain or attempt to obtain a body piercing procedure.(6) No individual shall knowingly show or give false information concerning the individual's name, age, or emancipation.(7) No individual shall knowingly show or give any false information as to the name, age, or other identification of an individual who is under age eighteen (18) for the purpose of obtaining a body piercing procedure for the individual who is under age eighteen (18).(8) No individual shall impersonate the parent, legal guardian, or legal custodian of an individual who is under age eighteen (18) for the purpose of obtaining a body piercing procedure for the individual who is under age eighteen (18).(9) The operator shall require proof of age for any patron under the age of twenty-seven (27), and the operator shall retain a copy of the patron's proof of age in the files of the business for a period of two (2) years from the time of the body piercing procedure.(10) It shall constitute a Class C misdemeanor for a violation of 1200-23-6-.03(8) by an individual over the age of seventeen (17) who impersonates a parent, legal guardian, or legal custodian.Tenn. Comp. R. & Regs. 1200-23-06-.03
Original rule filed January 28, 2002; effective April 13, 2002.Authority: T.C.A. §§ 4-5-202 and 62-38-101 et seq.