THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
~ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides that: 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
Body piercing is puncturing through any part of the body by a needle, after which a piece 
of jewelry is inserted into the puncture. On the other hand, a tattoo is a puncture wound made 
deep into the dermis layer of the skin after which it is filled with ink. 
Oral or tongue piercing is on the rise and of concern to health personnel are risks 
resulting form the procedure, which include damage to dentition, infection, speech impediment, 
and nerve damage. These risks occur as a result of the trauma incurred from a barbell inserted 
during tongue piercing. Body piercing is no safer. Health experts say that people who undergo 
body piercing risk bacterial infection, bleeding, and local trauma. 
Body piercing has also been found as a substantial risk factor in acquiring Hepatitis B 
and C, and even HIV. 
Moreover, those who suffer from diabetes and haematopoietic abnormalities (such as 
Thrombocytopenia, neutropenia, and anaemia), haemophelia, and keloids make poor candidates 
and should therefore be warned before the procedure itself, of the possible effect of body 
piercing and tattooing on their medical condition. After the procedure, again many complications 
may arise for those with pre-existing medical conditions such as chronic infection, 
uncontrollahle or prolonged bleeding, scarring, Hepatitis B and C, tetanus, skin allergies, 
abscesses or boils; and inflammation or nerve damage may result because of these procedures 
and if carried out by unlicensed artists in unsanitary conditions. 


This bill seeks to restrict body piercing and tattooing only to licensed body piercing 
specialists or tattooists, and the location where such procedures are to be performed only to body 
piercing studios and tattoo studios. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
,: 
. ~ . 6  
5 OCT < 3 
,; _i .
;
 
OF THE PHILIPPINES 
) 
Second Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO REGULATE BODY PIERCDJG AND TATTOOING 
Be it eiiacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Body Piercing and Tattooing 
Regulation Act.” 
SECTION 2. Purpose. - The purpose of this Act is to regulate the any and all forms of 
body piercing and tattooing to protect the health and welfare of the public. 
SECTION 3, Definition of Terms. - For the purposes of this Act, the term: 
(a) “Secretary” shall mean the Secretary of Health. 
(b) “Department” shall mean the Department of Health 
(c) “Body piercing” shall mean the piercing of any part of the body. 
(d) “Tattoo” shall mean a mark on the body of a person made with indelible ink 
or pigments injected beneath the outer layer of the skin. 
(e) “Body piercing specialist” shall mean any person who performs body piercing 
on the body of any other person. 
(9 “Tattooist” shall mean any person who applies a tattoo to the body of any 
other person 
(g) “Body piercing studio” shall mean any premises in which the body piercing 
specialist conducts such practice. 
(h) “Tattoo studio” shall mean any premises in which the tattooist conducts such 
practice. 


SECTION 4. Permit Required. - It shall be unlawful for any person to engage in body 
piercing or tattooing without first obtaining a permit from the department. It shall likewise be 
unlawful for any person, firm, corporation, partnership, or other association to operate a body 
piercing studio or tattoo studio without first obtaining a permit from the department. 
All body piercing or tattooing shall be performed in accordance with the rules and 
regulations promulgated by the Secretary of Health. 
Each permit issued pursuant to this article shall be posted and kept posted in some 
conspicuous place in the body piercing studio or tattoo studio in which the permittee is engaged 
in the practice of body piercing or tattooing. 
SECTION 5 .  Denial of Permit; Notice of Hearing. - The department shall, before 
making a final determination to deny an application for a permit, notify the applicant in writing 
of the reasons for such proposed denial and shall afford the applicant an opportunity to be heard 
in person or by counsel prior to denial of the application. Such notification shall be served 
personally or by certified mail or in any manner authorized by law and rules for service of a 
summons. 
If a hearing is requested, such hearing shall be held at such time and place as the 
department shall prescribe. If the applicant fails to make a written request for a hearing within 
'thirty days after receipt of such notification, then the notification of denial shall become the final 
determination of the department. 
SECTION 6. Renaval of Permit; Duplicate Copy. - All permits shall be for a period of 
two years. No permit shall be assignable or transferable to any other person, firm, corporation, 
partnership, or other association. 
Any permit which has not been suspended or revoked, may, upon the payment of the 
renewal fee prescribed by the Secretary, be renewed for additional periods of two years from its 
expiration, upon the filing on any application for such renewal, on a form to be prescribed by the 
Secretary. Any person, firm, corporation, partnership or other association failing to file 
application and fee for renewal of a permit within one year immediately following the expiration 
of his last permit shall pay an additional fee as prescribed by the Secretary. 


A duplicate permit may be issued for one lost, destroyed or mutilated upon application 
therefor on a form prescribed by the commissioner and the payment of the fee prescribed 
therefor by the Secretary. Each such duplicate permit shall have the word "duplicate" stamped 
across the face thereof and shall bear the same number as the one it replaces. 
SECTION 7, Informationfor Patients. - There shall be made available to those seeking 
to obtain body piercing or tattooing services a description of the procedure they wish to be 
performed on them which must be written in concise, plain non-technical language. Such 
information shall include eligibility criteria for patients, treatment options including relative 
advantages and disadvantages, general and procedure-specific risks, and complications 
associated with the procedure, their frequency, management course and possible outcomes. 
SECTION 8. Powers of the Secretary. - In addition to the powers and duties elsewhere 
prescribed in this Act, the Secretary shall have the power to: 
(a) appoint or authorize one or more officers as shall be necessary to do or perform in the 
department's place or stead the acts authorized by this article; 
" (b) examine the qualifications and fitness of applicants for permits; 
(c) keep records of all permits issued, suspended or revoked, or orders directing the 
cessation of unpermitted activities; 
(d) prepare a manual of rules and regulations for the conduct of examinations and to 
furnish copies thereof to persons desiring the same upon payment of a reasonable fee therefor; 
and 
(e) establish an appropriate fee structure for licenses, permits, renewals and duplicates, 
and set levels of punishments for failure to abide by this article. 
SECTION 9. Penalties. - The performance of any body piercing or tattooing without 
first obtaining a permit from the department shall be punishable by a penalty of imprisonment of 
arrest0 nmyor, or a fine ranging from Fifty Thousand Pesos (P50,OOO) to One Hundred 
Thousand Pesos (PIOO,OOO), or both, at the discretion of the court, taking into consideration all 
attending circumstances. 


The operation of a body piercing studio or tattoo studio without first obtaining a permit 
from the department shall be punishable by a penalty of imprisonment of przsion correccional, or 
a fine ranging from One Hundred Thousand Pesos (PlO0,OOO) to Two Hundred Thousand Pesos 
(P200,000), or both, at the discretion of the court, taking into consideration all attending 
circumstances. 
If the owner, proprietor or operator of the establishment above is a corporation, trust or 
firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed 
on the entity's responsible officers, including, but not limited to, the president, vice-president, 
chief executive officer, general manager, managing director or partner directly responsible 
therefor. 
SECTION 10. Aggrcrvcting Circumstances. - The penalties described in section eight 
shall be imposed in the maximum if the violation of this act results in the following 
circumstances: 
(a) death of the patient; 
(b) insanity or psychological damage of the patient; and 
(c) permanent physical disfigurement or permanent disability of the patient. 
SECTION 11. Appropriations. - To carry out the provisions of this Act, such sum as 
may be necessary is hereby authorized to be appropriated from the National Treasury. 
Thereafter, the sum necessary for the continuous operation of the program shall be included in 
the annual appropriation of the Department of Health. 
SECTION 12. Sepambilig Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision shall remain valid and subsisting. 
SECTION 13. Application of 
This Act. - Nothing contained in this article shall be 
construed to limit the duty or power of an officer to act with regard to an immediate threat to the 
health of the customers of a body piercing specialist or tattooist or body piercing studio or tattoo 
studio or the community in which it is located. 


SECTION 14. Appropriations. - To carry out the provisions of this Act, such sum as 
may be necessary is hereby authorized to be appropriated from the National Treasury. 
Thereafter, the sum necessary for the continuous operation of the program shall be included in 
the annual appropriation of the Department of Health. 
SECTION 15. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision shall remain valid and subsisting. 
SECTION 16. Repealing Clazise. - Any law, presidential decree, issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,