50-48-203. Licensure and regulation by local boards of health. (1) A local board of health may implement its own licensure and regulatory program for tattooing and body-piercing establishments independent of that of the department. A local board of health's licensure and regulatory program must be operated in lieu of the department's licensure and regulatory program.

(2) Subject to the restrictions in 50-2-130, a local board of health that operates its own licensure and regulatory program pursuant to subsection (1) may adopt necessary regulations that are not less stringent than department rules adopted under 50-48-103. The rules may include:

(a) standards to ensure sanitation and safety in establishments to protect public health and safety;

(b) licensure of establishments;

(c) procedures for enforcement of the laws and rules relating to establishments, including the implementation of plans of correction; and

(d) fees that reflect and may not exceed the actual costs incurred for licensure, inspection, enforcement, training, and administration.

(3) The local board of health shall report annually to the department on the number of establishments that it licenses and regulates.