(1)(a) Every person who applies a tattoo to any minor under the age of eighteen is guilty of a misdemeanor. It is not a defense to a violation of this section that the person applying the tattoo did not know the minor's age unless the person applying the tattoo establishes by a preponderance of the evidence that he or she made a reasonable, bona fide attempt to ascertain the true age of the minor by requiring production of a driver's license or other picture identification card or paper and did not rely solely on the oral allegations or apparent age of the minor.

   (b) Every person who engages in body piercing or body art on any minor under the age of eighteen is guilty of a misdemeanor, unless a parent of, or a legal guardian of, the minor provides informed consent in writing, furnishes proof of identification, and is present when the piercing occurs.

   (2) For the purposes of this section,

   (a)"Body art" means the practice of physical cosmetic body adornment including the use of branding and scarification;

   (b) "Body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of a lip, tongue, nose, or eyebrow. "Body piercing" does not include the piercing of an earlobe; and

   (c) (("tattoo" includes))Tattoo means any permanent marking or coloring of the skin with any pigment, ink, or dye, or any procedure that leaves a visible scar on the skin.

   (3) ((Medical))Health-related procedures performed by a licensed ((physician))health practitioner are exempted from this section."

   Correct the title.

EFFECT: Establishes that the practice of body piercing or body art on minors under 18 years old without the informed consent and presence of the minor's parent or legal guardian is a misdemeanor.