Scarification Amendments, the official text

Scarification Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ashlee Matthews
Senate Sponsor: Karen Kwan

LONG TITLE
General Description:
This bill addresses scarification.
Highlighted Provisions:
This bill: requires a body art facility that offers scarification to comply with certain requirements;
establishes the criminal offense of unlawful scarification of a minor;
requires the Office of Professional Licensure Review to review the practice of scarification; and
defines terms.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS:
63I-2-226, as last amended by Laws of Utah 2025, Chapters 277, 414
76-9-2001, as enacted by Laws of Utah 2025, Chapter 173

ENACTS:
26B-7-417, Utah Code Annotated 1953
76-9-2004, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26B-7-417 is enacted to read:
26B-7-417. Scarification safety requirements.
(1) A body art facility that practices or instructs scarification shall: (a) practice scarification procedures in a dedicated enclosed room that is not used for any other purpose;
(b) obtain proof of age before performing a scarification procedure; and
(c) provide a client, in writing, with: (i) instructions regarding proper care for the skin during the healing process after a scarification procedure, including warning signs of infection; and
(ii) information about how to report an injury to the department.

(2) The department shall establish rules to ensure that a body art facility that practices or instructs scarification has adequate policies and procedures in place for client safety, including rules that address: (a) clothing;
(b) personal protective equipment;
(c) use of single-use instruments;
(d) sanitization and disposal of tools; and
(e) cleaning and bandaging a client's skin.

(3) The Office of Professional Licensure Review shall: (a) review the practice and instruction of scarification; and
(b) report findings and recommendations to the Health and Human Services Interim Committee on or before November 1, 2026.

Section 2. Section 63I-2-226 is amended to read:
63I-2-226. Repeal dates: Titles 26 through 26B.
(1) Section 26B-1-420, Cannabis Research Review Board, is repealed July 1, 2025.
(2) Subsection 26B-1-421(9)(a), regarding a report to the Cannabis Research Review Board, is repealed July 1, 2025.
(3) Section 26B-1-423, Rural Physician Loan Repayment Program Advisory Committee -- Membership -- Compensation -- Duties, is repealed July 1, 2026.
(4) Section 26B-2-243, Data collection and reporting requirements concerning incidents of abuse, neglect, or exploitation, is repealed July 1, 2027.
(5) Subsection 26B-3-215(5), regarding reporting on coverage for in vitro fertilization and genetic testing, is repealed July 1, 2030.
(6) Subsection 26B-4-201(5), regarding the Cannabis Research Review Board, is repealed July 1, 2025.
(7) Subsection 26B-4-212(1)(b), regarding the Cannabis Research Review Board, is repealed July 1, 2025.
(8) Section 26B-4-702, Creation of Utah Health Care Workforce Financial Assistance Program, is repealed July 1, 2027.
(9) Subsection 26B-4-703(3)(b), regarding per diem and expenses for the Rural Physician Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
(10) Subsection 26B-4-703(3)(c), regarding expenses for the Rural Physician Loan Repayment Program, is repealed July 1, 2026.
(11) Subsection 26B-4-703(6)(b), regarding recommendations from the Rural Physician Loan Repayment Program Advisory Committee, is repealed July 1, 2026.
(12) Section 26B-5-117, Early childhood mental health support grant program, is repealed January 2, 2025.
(13) Section 26B-5-302.5, Study concerning civil commitment and the Utah State Hospital, is repealed July 1, 2025.
(14) Section 26B-6-414, Respite care services, is repealed July 1, 2025.
(15) Section 26B-7-120, Invisible condition alert program education and outreach, is repealed July 1, 2025.
(16) Subsection 26B-7-417(3), regarding a review of scarification by the Office of Professional Licensure Review, is repealed January 1, 2027.

Section 3. Section 76-9-2001 is amended to read:
76-9-2001. Definitions.
As used in this part: (1) "Body piercing" means the creation of an opening in the body, excluding the ear, for the purpose of inserting jewelry or other decoration.
(2) "Consent of a minor's parent or legal guardian" means the presence of a parent or legal guardian during the performance of tattooing or body piercing upon the minor after the parent or legal guardian has provided: (a) reasonable proof of personal identity and familial relationship; and
(b) written permission signed by the parent or legal guardian authorizing the performance of tattooing or body piercing upon the minor.

(3) "Minor" means a person younger than 18 years old who: (a) is not married; and
(b) has not been declared emancipated by a court of law.

(4) "Scarification" means the process in which a mark is cut into human skin tissue with the intent of leaving a permanent mark.
[(4)] (5) "Tattoo" means to fix an indelible mark or figure upon the body by inserting a pigment under the skin or by producing scars.

Section 4. Section 76-9-2004 is enacted to read:
76-9-2004. Unlawful scarification of a minor.
(1) Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section.
(2) Except as provided in Subsection (4), an actor commits unlawful scarification of a minor if the actor performs or offers to perform scarification: (a) upon a minor; and
(b) for remuneration or in the course of a business or profession.

(3) A violation of Subsection (2) is a class B misdemeanor with a mandatory fine of not less than $1,000.
(4) An actor is not guilty of violating Subsection (2) if the actor: (a) has no actual knowledge of the minor's age; and
(b) reviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years old or older before the actor performs the scarification.

Section 5. Effective Date.
This bill takes effect on May 6, 2026.

3-12-26 10:25 AM