South Carolina § 44-32-60 - Inspections; blood donor disqualification notice; verification of recipient's age; right of action.

§ 44-32-60. Inspections; blood donor disqualification notice; verification of recipient's age; right of action.

(A) The department may conduct the following inspections of the locations at which permittees under this chapter conduct regulated activities:

(1) an initial inspection which must be successfully completed as a condition of permitting;

(2) an inspection after any complaint is filed with the department; and

(3) no-notice inspections which may be conducted by the department at any time without previous notification to the body piercing facility.

(B) Each body piercing location shall conspicuously display a clearly legible notice to patrons informing them of any disqualification which body piercing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form which a body piercer uses. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific piercing site.

(C) A body piercing technician shall verify by means of a picture identification that a recipient is at least eighteen years of age. For purposes of this section, "picture identification" means (a) a valid South Carolina driver's license; or (b) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.

(D) A person who has his or her body pierced while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.

HISTORY: 2000 Act No. 249, SECTION 1.