HB 531: Scarification Amendments - Utah

Substitute #2 → Substitute #3 · 5 edits

MODERATE

The bill was revised to replace a strict ban on scarification with a regulatory framework requiring facilities to meet specific safety standards, such as using dedicated rooms and single-use tools. The new version also adds a repeal schedule for various unrelated cannabis and health committee provisions that were previously included. Additionally, the definition of 'tattoo' was renumbered to correct a numbering error in the previous draft.

Scope change

The bill's scope shifted from a complete prohibition on commercial scarification to a regulated practice with mandatory safety protocols for facilities.

REQUIREMENT

The moratorium on scarification was replaced with requirements for facilities to use dedicated enclosed rooms, obtain proof of age, and provide clients with written care instructions and reporting information.

The Office of Professional Licensure Review is now tasked with reviewing the practice of scarification and reporting findings to the legislature by November 1, 2026, rather than establishing a new license immediately.

The department must establish rules addressing safety policies including clothing, personal protective equipment, use of single-use instruments, sanitization, and skin cleaning.

TECHNICAL

A new section was added to repeal several unrelated statutes regarding cannabis research, rural physician loan programs, and other health committees on specific future dates.

DEFINITION

The numbering for the definition of 'tattoo' was corrected from (4) to (5) to fix a sequencing error in the previous version.

Substitute #1 → Substitute #2 · 3 edits

MINOR

Substitute #2 replaces the original safety requirements for scarification facilities with a complete moratorium, effectively banning the practice until a specific licensing framework is established. This shifts the bill from regulating existing businesses to prohibiting the procedure entirely until the Office of Professional Licensure Review evaluates it and the Legislature creates a new license. The criminal penalties for performing the procedure on minors remain unchanged.

Scope change

The bill's scope changed from regulating body art facilities to banning scarification procedures in commercial settings entirely until a new licensing system is created.

REQUIREMENT

Replaced specific facility safety rules (like dedicated rooms and age verification) with a ban on performing scarification unless the Office of Professional Licensure Review has evaluated the practice and the Legislature has established a scarification license.

Changed the highlighted provisions to reflect the creation of a moratorium instead of just requiring compliance with safety standards.

ENFORCEMENT

Added authority for local health departments to revoke or suspend the license of any body art facility where a violation of the moratorium occurs.

Amended 2/19/2026 09:02:612 → Substitute #1 · 4 edits

MODERATE

The bill was revised to remove the requirement for the Department of Health to create sanitation rules for scarification, shifting the focus entirely to specific facility safety protocols and criminal penalties. The definition of 'body piercing' was narrowed to exclude the ear, and the penalty for unlawfully scarifying a minor was strengthened to include a mandatory minimum fine.

Scope change

The bill's scope was narrowed by removing the mandate for the Department of Health to establish general sanitation rules for scarification facilities, while retaining requirements for dedicated rooms, age verification, and client care instructions.

REQUIREMENT

Removed the requirement for the Department of Health to create rules for scarification sanitation and facility design.

Reorganized safety requirements to focus on dedicated enclosed rooms, age verification, and written client instructions rather than broad departmental rulemaking.

DEFINITION

Narrowed the definition of 'body piercing' to explicitly exclude the ear.

ENFORCEMENT

Strengthened the penalty for unlawful scarification of a minor by adding a mandatory minimum fine of $1,000.

Amended Excerpts 2/19/2026 09:02:612 → Amended 2/19/2026 09:02:612 · 7 edits

MODERATE

This bill amends Utah laws to regulate scarification, a practice involving cutting marks into the skin. It mandates that body art facilities offering this service must obtain local health permits and follow strict safety protocols, such as using single-use instruments and providing clients with aftercare instructions. Additionally, the bill establishes a new criminal offense for performing scarification on minors without parental consent, raising the penalty for such acts to a class B misdemeanor.

Scope change

The bill expands regulatory oversight to specifically include body art facilities offering scarification, which were not explicitly detailed in previous body art regulations. It also introduces new definitions for scarification and unlawful scarification of a minor.

REQUIREMENT

Requires body art facilities offering scarification to obtain a permit from the local health department.

Mandates that facilities practice scarification in a dedicated enclosed room not used for other purposes.

Requires facilities to provide written aftercare instructions and infection warning signs to clients.

DEFINITION

Adds a specific definition for 'scarification' as cutting a mark into human skin tissue to leave a permanent mark.

Updates the definition of 'consent of a minor's parent or legal guardian' to explicitly require written permission signed by the parent or guardian.

ENFORCEMENT

Creates a new criminal offense called 'unlawful scarification of a minor' for performing the procedure on anyone under 18 without parental consent.

Establishes a civil penalty of $1,000 for each violation of the rules regarding unlawful scarification of a minor.

Enrolled → Amended Excerpts 2/19/2026 09:02:612 · 3 edits

MINOR

The bill was amended to strengthen protections for minors by adding a requirement for parental consent before scarification and introducing civil penalties for business owners who violate the law. The original version only criminalized the act for paid services, but the amendment clarifies that performing scarification on a minor without parental permission is illegal regardless of payment, while also adding a specific fine for business owners.

Scope change

The scope of the law was expanded to cover unpaid scarification of minors and to hold business owners accountable through civil penalties, rather than just penalizing the individual practitioner.

REQUIREMENT

Added a mandatory requirement for obtaining parental or legal guardian consent before performing scarification on a minor.

ENFORCEMENT

Changed the penalty structure to include a civil penalty of $1,000 for business owners who violate the law, in addition to the criminal misdemeanor charge.

Removed the condition that the unlawful act must be for 'remuneration or in the course of a business,' making the prohibition apply even if the service is free.

Introduced → Enrolled · 3 edits · Mar 19, 2026

MINOR

The bill was finalized as an enrolled version, adding a specific requirement for the Office of Professional Licensure Review to audit scarification practices and report findings by November 1, 2026. It also updated the repeal schedule for various health-related statutes to align with new legislative timelines.

Scope change

The bill's scope expanded to include a formal review mechanism by the Office of Professional Licensure Review, whereas the previous draft only assigned rule-making authority to the Department of Health and Human Services.

REQUIREMENT

Added a mandate for the Office of Professional Licensure Review to review scarification practices and submit a report to the Health and Human Services Interim Committee by November 1, 2026.

TIMELINE

Updated the repeal dates for multiple Utah Code sections (e.g., Cannabis Research Review Board provisions, Rural Physician Loan Repayment Program) to reflect new effective dates ranging from January 2025 to July 2030.

TECHNICAL

Corrected the Senate Sponsor name from 'LONG TITLE' to 'Karen Kwan' and adjusted the list of affected Utah Code sections to include 63I-2-226.

Scarification Amendments

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