LRBs0156/2
GMM:kmg:rs
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 381
January 8, 2004 - Offered by
Committee on Family Law.
AB381-ASA1,1,3
1An Act to create 948.71 of the statutes;
relating to: requiring informed consent
2by a child's parent or guardian for the child's ear piercing and providing a
3penalty.
Analysis by the Legislative Reference Bureau
Under current law, body piercing, body piercers, and body-piercing
establishments are regulated by the Department of Health and Family Services
(DHFS). "Body piercing" is defined as perforating any human body part or human
tissue, except an ear, and placing a foreign object in the perforation in order to
prevent the perforation from closing. Current DHFS rules prohibit the body piercing
of persons under 16 years; the rules also prohibit the body piercing of persons aged
16 or 17 years unless an informed consent form is signed by the person's parent or
legal guardian in the presence of the owner or other person responsible for the
operation of the establishment.
This substitute amendment prohibits the owner or operator of an ear-piercing
establishment from piercing the ear of a child or permitting an employee or
contractor of the ear-piercing establishment to pierce the ear of a child, for
compensation, unless an informed consent for the piercing is signed by the child's
parent or legal guardian in the presence of the owner, operator, employee, or
contractor who performs the ear piercing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB381-ASA1,2,3
2948.71 Ear piercing of a child; parental consent required. (1) In this
3section:
AB381-ASA1,2,54
(a) "Compensation" means direct or indirect payment, including the
5expectation of payment whether or not actually received.
AB381-ASA1,2,76
(b) "Ear piercing" means perforating the ear of another and placing a foreign
7object in the perforation in order to prevent the perforation from closing.
AB381-ASA1,2,88
(c) "Ear-piercing establishment" means a business that performs ear piercing.
AB381-ASA1,2,119
(d) "Indirect payment" includes payment for the purchase of an earring under
10an agreement in which the ear-piercing establishment includes a free ear piercing
11with the purchase.
AB381-ASA1,2,18
12(2) No owner or operator of an ear-piercing establishment may pierce the ear
13of, attempt to pierce the ear of, or offer to pierce the ear of a child for compensation
14or permit an employee or contractor of the ear-piercing establishment to pierce the
15ear of, attempt to pierce the ear of, or offer to pierce the ear of a child for compensation
16unless an informed consent form for the child has been signed by the child's parent
17or guardian in the presence of the owner, operator, employee, or contractor who
18performs the ear piercing.
AB381-ASA1,2,20
19(3) Any owner or operator of an ear-piercing establishment who violates sub.
20(2) is subject to a Class D forfeiture.
