How To Become A Tattoo Artist In Nc?

Julia
21.02.2023
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Digital Vision. /Digital Vision/Getty Images North Carolina doesn’t license tattoo artists based on their skill. However, the state’s public health department regulates tattooing for safety reasons, to prevent the spread of infection through unsterilized equipment. The department requires tattoo artists to be licensed.

Tattoo parlors must also be licensed. Artists must renew their certification annually. The fee varies in each county, but a check of several counties at the time of publication showed a range between $200 and $300 for the first certification, with some counties charging less for renewals.

Learn the laws and regulations associated with tattooing in North Carolina. For instance, tattooing a person under the age of 18 is against the law. You must keep records on the name and address of each customer for at least two years. It’s illegal to smoke, drink or eat while working on a customer.

Any post-tattoo infection that a customer tells you about must be reported to the local health department. Find a tattoo shop where you can work. Tattoo licenses are issued to specific artists working at a specific shop; if you move to another shop, you must reapply for a license and pay another fee.

If you are new to the field, apply to be an apprentice at a shop. You will need to be licensed whether you are an artist or an apprentice. Complete an application for licensing through the North Carolina Department of Environmental Health. Look on the website of the county where you live for a downloadable form on the health department’s page.

Contents

- 0.0.1 Do you need a license to tattoo in North Carolina?
0.1 How much is a tattoo license in NC?
0.2 How long does it take to get a tattoo permit in NC?
- 0.2.1 How do I get started as a tattoo artist?
- 0.2.2 Can you get a tattoo license without an apprenticeship in NC?

1 Can I do tattoos at home?

Do you need a license to tattoo in North Carolina?

Tattoo Artist Permitting & Inspection Program – North Carolina state law requires that a permit shall be obtained from the local Health Department before engaging in the practice of tattooing. Every tattoo artist approved by the department shall operate in a location which meets all the requirements of the rules.

How much is a tattoo license in NC?

There is an Annual Permit Fee of $300 for both new tattoo permits and annual permit renewals. A Temporary Permit Fee, valid for 1–14 consecutive days, is $150. Temporary tattoo permits may be issued for: Visiting artists.

How long does it take to get a tattoo permit in NC?

3202 PERMITTING – (a) Every person engaged in the practice of tattooing shall register with their local health department by providing their name, the address of the location at which they engage in tattooing, and their hours of operation. (b) No person shall engage in tattooing on or after June 1, 1995, without first obtaining a tattooing permit issued by the department.

Persons permitted to engage in tattooing in counties with local rules shall obtain a tattooing permit from the department on or after June 1, 1995. Nothing herein shall preclude counties with local rules from permitting tattoo artists prior to June 1, 1995, at which time all tattoo artists shall be permitted by the department.

(c) No tattooing permit shall be issued to a person until an inspection by the department verifies compliance with this Section. (d) Tattooing permits shall be issued in the name of the individual tattoo artist, shall list the address of the tattoo establishment where the artist will practice, and shall not be transferable to another person or place of practice. The application shall include at least the following information:

(1) Name of tattoo artist;
(2) Mailing address of tattoo artist;
(3) Name of tattoo establishment;
(4) Street address of tattoo establishment;
(5) Anticipated date of commencing operation; and
(6) Signature of tattoo artist.

(g) Any additional information requested by the department to verify compliance with this Section shall be submitted with the permit application. An initial application for issuance of a tattooing permit shall be submitted no less than 30 days before anticipated commencement of tattooing by the artist within the jurisdiction of the local health department issuing the permit. Application for renewal of an existing tattooing permit shall be submitted to the local health department at least 30 days prior to the expiration date of the existing permit.

(e) A valid tattooing permit shall be posted in the premises of the tattoo establishment in a conspicuous place where it may be easily observed by the public upon entering the establishment;
(f) Application for a tattooing permit shall be submitted to the local health department;

(h) Any permit application fee established by the local board of health shall be paid upon submission of the application.

How do I get started as a tattoo artist?

Can you get a tattoo license without an apprenticeship in NC?

Tattoo parlors must also be licensed. Artists must renew their certification annually. The fee varies in each county, but a check of several counties at the time of publication showed a range between $200 and $300 for the first certification, with some counties charging less for renewals.

Any post-tattoo infection that a customer tells you about must be reported to the local health department. Find a tattoo shop where you can work. Tattoo licenses are issued to specific artists working at a specific shop; if you move to another shop, you must reapply for a license and pay another fee.

Can I do tattoos at home?

Licensure – States regulate tattooing in one of two primary ways. First, a state may require individual tattoo artists to first apply for and receive a tattoo artist license before they give tattoos to anyone else. States also require tattoo establishments or tattoo parlors to also apply for and receive a license for the establishment.

In states that require the establishment to be licensed, it’s common for them also to require that no tattooing may take place unless it is performed in a licensed tattoo establishment;
For example, some states require both the artist and the establishment to be licensed;

This means that anyone working in the establishment must have a license and can perform tattoos only in that particular licensed tattoo parlor. It is illegal for a licensed tattoo artist to perform tattoos in unlicensed locations, such at his or her home.

Are neck tattoos illegal in NC?

Alabama none specified [1] informed written consent, signed in presence of the artist/service provider or their agent [1] [2] Ear piercing exempt from Alabama body art laws & rules. [2] [3] cannot be tattooed, branded, or pierced [1] [2] Violations of Alabama Tattoo & Body Piercing laws are a class c misdemeanor, punishable by a fine of up to $100 and/or up to 90 days imprisonment for each violation. [4] Alabama’s Department of Public Health licenses Tattoo, body piercing, & body art facilities, and sets standards for their operation. [5] Individual tattoo artists, piercers, etc. require a permit. [2] Ala. Code § 22-1-17A [3] [6] State Board of Health rules on Body Art Practices and Facilities. [2] Alaska 18 (piercing excepted) [7] parent/guardian must both give written consent and be present during the procedure [7] Minors may be pierced with parental consent [7] no restriction [8] Alaska Stat. § 08. 13. 217 [7] Arizona none specified [9] parent/guardian must be physically present [9] Minors can have their ears pierced with the written or verbal consent of a parent/guardian, can have procedures prescribed by a health care provider. [9] no restriction [9] Violations are a class 6 felony. [9] There are no health regulations for tattoo shops in Arizona. [10] Tattoos. Ariz. Rev. Stat. § 13-3721 [9] Arkansas 18 [11] Unlawful to perform on a person under eighteen years of age. Parents unable to give consent. [12] none specified [12] cannot be tattooed, branded, or pierced. [12] Ark. Stat. Ann. §§ 20-27-1501 et seq. [12] California 18 (piercing excepted) [13] [14] parent/guardian must be present during procedure Minors may have their ears pierced with parental consent. [15] They may be pierced elsewhere with parental consent, but not on their genitals or nipples. Permanent cosmetics are permitted on nipples, when done by a cosmetic technician and with parental consent. [14] no restriction Body Art. Cal. Health & Safety Code § 119300 to 119328 [16] [6] [15] Cal. Penal Code 653 [13] Colorado 18 Express written consent of parent or guardian [17] parent/guardian must be present during procedure Persons who are “noticeably impaired” cannot have body art procedures [17] Body Artists. Colo. Rev. Stat. § 25-4-2101 to 2103 [6] Connecticut none specified permission of parent or guardian [18] [19] Minors may have their ears pierced without parental consent [18] Tattooing may only be performed by physicians, or by registered nurses & technicians working under the supervision of a physician. [19] no restrictions Conn. Gen. Stat. §19a-92a, [6] [19] Conn. Gen. Stat. §19a-92g [6] [18] District of Columbia 18 (ear piercing excepted) [20] written consent (for ear piercing) [20] minors may have their ears pierced with written parental consent [20] no restrictions [20] Body Artists. DC Code § 47-2853. 76d [6] [20] Delaware 18 [21] notarized written consent to the specific procedure [21] none specified [21] cannot be tattooed, branded, or body pierced [21] Del. Code Ann. Title 11, Ch 5 §1114(a) [6] [21] Del. Code Ann. Title 16, Ch 2 §122(3)(w) [6] Florida 16 [22] Must be accompanied by parent or guardian who can show proof of guardianship, both parent and minor must present photo ID, and a consent form must be notarized. [22] for medical or dental purposes by a licensed physician or dentist [22] no restriction Fla. Stat. § 381. 00787 [6] Fla. Stat. §381. 0775 et seq. [6] Fla. Stat. §381. 075 [6] Georgia 18 (body piercing excepted) [23] For body piercing: prior written consent of parent/guardian [24] Minors may have their ears pierced without parental consent [24] Minors may be body pierced with written parental consent [24] Physicians and Osteopaths or technicians working under their direct supervision can give minors tattoos or produce scars for “medical or cosmetic purposes. ” [23] No one can be tattooed within an inch of their eye socket. [25] no restrictions Ga. Code § 31-40-1 to 31-40-10 [6] Ga. Code § 16-12-5 [6] Ga. Code § 16-5-71. 1 [6] Hawaii none specified [26] written consent of parent/guardian [26] Hawaii Rev. Stat. § 321-13 [6] Hawaii Rev. Stat. § 321-379 [6] Idaho 14 [27] Written informed consent of parent/guardian, executed in the presence of the person performing the procedure, or their agent/employee. [27] Minors can have their ears pierced without parental consent. [6] Piercing for medical procedures exempt. [6] no restrictions Idaho Code § 18-1523 (2004) [6] Illinois 18 (body piercings excepted) [28] Written consent of parent/guardian (for body piercings) [28] Minors cannot be present in places where tattooing or body piercing is done except in the presence of a parent/guardian. [28] Minors can have their ears pierced without parent/guardian consent. [28] no restrictions Ill. Stat. 720 §5/12-10. 1 [6] Ill. Stat. 410 §54/1 t0 54/999 [6] Indiana none specified [29] Parent/guardian must both be present during the procedure and provide written permission. [29] Minors may have their ears pierced without parental consent. [29] no restrictions Ind. Code Ann. §35-42-2-7 [6] [29] Ind. Code Ann. §16-19-3-4. 1 [6] [30] Iowa 18 [31] n/a – minors cannot be tattooed [31] Body piercing is not regulated by state law in Iowa, however county or city laws may regulate it. [32] no restrictions Iowa Code §135. 37 [6] Iowa Code §135. 37 [6] Kansas 16 [33] Parent/guardian must give written consent, written consent must be notarized, and the parent/guardian must be present during the procedure. [33] Minors may have their ears pierced [34] no restrictions Kan. Stat. Ann. §65-1953 [6] Kan. Stat. Ann. §65-1940 to 65-1954 [6] Kentucky none specified [35] Parent/guardian must give written, notarized consent. [35] none (ear piercing also requires written, notarized consent). [36] Ky. Rev. Stat. §211. 760 [6] Ky. Rev. Stat. §194A. 050; 211. 760 [6] 902 KAR 45. 065 Louisiana 16 Parent or guardian must consent, and their presence during the procedure is required for tattoos, but not for body piercings. [37] no restrictions La. Rev. Stat. Ann. §14:93. 2 [6] La. Rev. Stat. Ann. § 40:2831 et seq. [6] Maine 18 (piercings excepted) [38] For body piercings: prior legal consent of parent/guardian. [39] Maine law does not require parent/guardian consent for ear piercing [40] no restrictions Me. Rev. Stat. Ann. Title 32 § 4201-4329 [6] Maryland none specified [41] written consent, which must be retained for 3 years. Piercing of the ear lobe is exempt [42] no restriction Health Department Regulations A license is not required, but any person performing tattooing or piercing must comply with all the relevant health code regulations [41] COMAR 10. 06. 01. 02 and 10. 06. 01. 06 Massachusetts 18 (except body piercing other than genitalia) [43] For piercing of areas other than the genitalia, a parent may provide identification and sign the consent document. [43] Physicians performing for treatment reasons and ear piercing are exempt from regulation. [43] no restriction County Health Department regulates body art, but all follow a model regulation set by the state. Artists must have a permit, and establishments are subject to following specific health department regulations [43] Model Regulations for Body Art Establishments [43] Michigan none specified [44] Written, informed consent of parent/guardian. Must be executed (signed) in the presences of the person performing the procedure, or their employee. [44] cannot be tattooed, branded, or body pierced. [44] Mich. Comp. Laws § 333. 13101 to 333. 13112 [45] Minnesota 18 (piercings excepted) [46] For piercings: presence of parent/guardian and a consent form are both required. [46] Minors cannot be tattooed. They can be body pierced, but not in the nipples or genitals. Branding, scarification, suspension, subdermal implantation, microdermal, and tongue bifurcation are also prohibited for minors. [46] cannot have any body art procedures. [46] Minnesota Statutes 146B. 07 [46] Mississippi 18 n/a – minors cannot be tattooed piercing also prohibited except for the outer perimeter or lobe of the ear. no restriction Miss. Code Ann. §73-61 Missouri none specified [47] For both piercings and tattoos, parent/guardian must sign written consent in the presence of the person performing the procedure, or their employee. [47] cannot be tattooed, branded or body pierced. [47] violations are a misdemeanor, punishable with a fine of up to $500 (more for repeat offenses) [47] The state director of the division of professional registration licenses all body artists, and sets rules & regulations for the operation of body art establishments. [48] Mo. Rev. Stat. §324. 520 [47] Montana none specified [49] Parent or guardian must give “explicit, in-person” consent. [49] Montana administrative rules also require that the parent/guardian be present throughout the procedure. [50] cannot be tattooed or body pierced. [50] A person who tattoos or body pierces a minor without parent/guardian consent is guilty of Unlawful transactions with children, punishable by a fine of up to $500 or six months in county jail, or both. [49] Other violations of Montana body art laws are a misdemeanor, with punishments ranging from a fine of $50–100 for a first offense to $300 and/or 90 days in county jail for third and subsequent offense. [51] Montana’s Department of Health and Safety licenses and regulates body art establishments. [52] Local health boards may establish their own licensing and regulatory schemes in lieu of the state department’s. [53] Mont. Code Ann. §45-5-623 [49] Mont. Code Ann. §50-48-101 to 110 [54] Mont. Code Ann. §50-48-201 to 209 [55] Nebraska none specified [56] written consent, must be present during procedure Piercing does not include the external parts of the ear [57] No restrictions Nebraska Revised Statute 38-1008, 38-1009, 38-1010, 38-1011, 38-1060, 38-10,165 Nevada n/a [6] n/a [6] Nevada state law does not regulate tattoos, piercings, or other body art. Regional health districts may regulate the practice. The southern Nevada Health District, for example, does not allow minors below the age of 14 to be tattooed, and requires a parent or guardian to provide written consent and be present during the procedure for 14- to 18-year-olds. [58] n/a [6] n/a [6] New Hampshire 18 (piercings excepted) [59] For piercings: parent/guardian must both sign written consent and be present during the procedure. Minors cannot be tattooed or branded. They may be pierced with parent/guardian consent. [59] Minors may have their ears pierced without parent/guardian consent. [60] no restrictions N. Rev. Stat. Ann. § 314 [6] New Jersey 16 [61] Parent/guardian must be present and sign written consent for ear piercings as well as for body piercing. Minors cannot have genital piercings even with parent/guardian consent. [62] no restrictions no restrictions no restrictions N. Stat. Ann. §2C:40-21 N. 8:27-1 et seq. Stat. Ann. §26-1A-7 [6] New Mexico none specified [63] Written consent and presence during the procedure. Medical procedures by physicians and ear piercing are exempt [64] no restrictions Administrative Regulations set by the Board of Barbers and Cosmetologists All body artists are required to be licensed through the state, and are subject to regulations from the Board Body Art Safe Practices Act. Stat. Ann. § 61-17B et seq. , [64] N. Administrative Code 16. 36 et seq. [63] New York 18 (piercings excepted) [65] Minors cannot be tattooed with parent/guardian consent. For piercings: parent/guardian must give written consent, signed in presence of the body artist or body art establishment owner. [66] Written parental consent is not required for ear piercings. [67] no restrictions New York Public Health Law, Article 4-A [6] [66] N. Public Health Law §460-466 [6] N. Penal Law § 260. 21 [6] North Carolina 18 (piercings excepted) [68] Minors cannot be tattooed, even with parent/guardian consent. “Prior consent” of parent/guardian is required for body piercings. [68] Minors may have their ears pierced without parental consent. [68] no restrictions N. Gen. Stat. § 130A-283 [69] N. Gen. Stat. § 14-400 [70] North Dakota none specified [71] Parent/guardian must be present during the procedure and give written consent. [71] cannot get tattoos or other body art [72] N. Code §23-01-35 [73] N. Code §12. 1-31-13 [6] [71] Ohio none specified [74] Parent/guardian must both sign a consent form and “appear in person at the business at the time the procedure is performed. ” [74] none – parent/guardian consent and presence is also required for ear piercings. [74] no restrictions Ohio Rev. Code Ann. §3730. 01 to 3730. 99 [6] [74] Oklahoma 18 (piercings excepted) [75] Minors cannot be tattooed, even with parent/guardian consent. For piercings: parent/guardian must both give written consent and be present during the procedure. [75] Ear piercing is not governed/restricted by Oklahoma law. [75] Scleral tattooing is illegal. [75] cannot be tattooed. [75] Okla. Stat. Title 21 §842. 1, 842. 2, 842. 3 [6] Oregon 18 (piercings excepted) [76] For piercings: parent/guardian must give written consent and present proof of identity. [76] Minors can only be tattooed with the authorization of a physician. [76] Scarification and dermal implants are prohibited [76] Persons with sunburns or skin diseases or disorders cannot be tattooed or pierced. [76] Minors cannot be pierced on the genitals or nipples, even with parent/guardian consent. [76] Piercing on testes, deep shaft (corpus cavernosa), uvula, eyelids and sub-clavicle are all prohibited. [76] cannot be tattooed or pierced. [76] Violations of Oregon body art laws are a misdemeanor. [77] Violations of Health Licensing Office rules are fined (various amounts). [76] Both body artists and body art establishments are licensed by the Oregon Health Licensing Office. [78] With the assistance of a Board of Body Art practitioners, the Health Licensing Office also sets detailed rules and regulations for body art. [76] Or. Rev. Stat. § 690. 350 et seq Or. Rev. Stat. § 690. 401 to 410 Or. Rev. Stat. § 679. 500 [6] Health Licensing Office Rules, especially Divisions 900, 905, 915 & 920 [76] Pennsylvania none specified [79] parent/guardian must both give consent and be present during the procedure. [79] no restrictions Pa. Cons. Stat. Title 18 § 6311 [6] [79] Rhode Island 18 (piercings excepted) [80] [81] Minors cannot be tattooed. [80] For piercings: parent/guardian must both give consent and be present for the procedure. [81] no restrictions Tattooing a minor is a criminal offense (misdemeanor), maximum fine $300 [80] Tattooing and body art are regulated by the department of health, artists must be registered. [81] RI Gen L § 23-1-39 [81] RI Gen L § 11-9-15 [80] South Carolina 18 (piercings excepted) [82] [83] Minors cannot be tattooed. [82] For piercings: parent/guardian must either give written, notarized consent or be present during the procedure. [83] Head, face, and neck tattoos are illegal. [82] cannot be tattooed or body pierced [82] [84] Under the Health Code, persons violating restrictions on tattooing and body piercing are guilty of a misdemeanor. Upon conviction, they may be fined up to $2500 or imprisoned for a year, or both. [82] [83] Tattoo and body piercing facilities are regulated by the Department of Health and Environmental Control. Tattoo facilities are licensed, body piercing facilities require a permit, and artists must be registered [85] [86] S. Code § 44-32-10 to 44-32-120 [84] S. Code § 44-34-10 to 44-34-110 [87] South Dakota none specified [88] Parent/guardian must sign a consent form. [88] cannot be tattooed or pierced [89] [90] Tattooing a minor is a class 2 misdemeanor. [91] Tattooing and Body Piercing are governed by Department of Health rules. [92] Municipalities may set stricter regulations, and have the authority to license body artists. [91] S. Codified Laws Ann. §26-10-19 [88] S. Laws § 9-34-17 [91] Tennessee 18 (piercings excepted) [93] [94] For tattoos that cover an existing tattoo (see Notes & Exceptions): Parent/Guardian must be present during the procedure. [93] For piercings: Parent/Guardian must give written consent, be present during the procedure. [94] Minors over the age of sixteen may be tattooed to cover up an existing tattoo, with parent/guardian consent. [93] Minors who lie about their age to be tattooed are guilty of a “delinquent act,” are required to pay a fine of $50–$250 and serve at least 20 hours of community service. [93] Tattooing a minor is a class a misdemeanor, [93] breach of body piercing law is a class b misdemeanor. [95] Tattoo artists and body piercers are licensed by the state department of health, tattoo shops require a certificate from the local health department. [96] [97] Tenn. Code §§ 62-38-201-310 [98] Texas 18 (piercings excepted) [99] [100] For body piercings and for covering existing tattoos (see Notes & Exceptions): Parent/guardian must be present during procedure, sign an affidavit [99] [100] Ear piercing is exempt from body piercing statutes [101] Minors may, with parent/guardian consent, be tattooed to cover up an existing tattoo that has offensive, gang-related, or drug-related content, or “other words, symbols, or markings that the person’s parent or guardian considers would be in the best interest of the person to cover” [99] Tongue splitting prohibited. [102] Cannot be tattooed or pierced. [99] [103] Misrepresenting one’s age to get a tattoo, or to get a piercing without parental consent, is a class B misdemeanor [99] [100] Violations of Texas tattooing & body piercing statute are a Class A misdemeanor, with each day of violation counting as a separate offense. [104] Health Commissioner can impose a fine of up to $5000 on artists & shops for each violation [105] Tattoo artists and body piercers must be registered with the Texas Department of Health [106] Tattoo and body piercing shops must be licensed [107] Texas Health and Safety Code Ann. §146 [108] Utah none specified [109] Parent/guardian must be present during the procedure, give written permission, and provide proof of identity. [109] Parental consent not required by law for ear piercing [109] Tattooing or body piercing a minor is a class b misdemeanor, shops can be fined up to $1000 for each violation. [109] Utah Code Ann. §76-10-2201 [6] Vermont none specified [110] Tattooists and body piercers must be registered. [110] Vt. Stat. Ann. Title 26 §4101 to 4109 [6] [111] Virginia none specified [112] Parent/Guardian must be present during the procedure. [112] Virginia law does not limit minors’ ability to have their ears pierced. [112] Tattooing or body piercing a minor is a class 1 misdemeanor [112] Tattoo artists and body piercers, as well as the operators of tattoo and body piercing establishments, are licensed by the state. [113] [114] Civic/local governments are empowered to regulate tattoo and body piercing establishments. [115] Va. Code §54. 1-700 et seq. Va. Code §15. 2-912 Va. Code § 18. 2-371. [6] Washington 18 (piercings excepted) [116] cannot have tattoos, body piercings, or other body art. [117] Wash. Code §26. 28. 085 [116] Wash. Code § 18. 300 [118] Wash. Code § 246-145-001 to 060 [119] Wash. Code §70. 54 [120] West Virginia none specified [121] parent/guardian must give written consent [121] All persons receiving a tattoo must attest they are not under the influence of drugs or alcohol. [121] Tattoo shop owners and body piercing studios must register with local board of health, and must be registered as a business with the state [122] [123] [124] W. Va. Code §16-37 W. Va. Code §16-38 [125] Wisconsin 18 [126] n/a (tattooing not permitted under 18) Physicians in the course of professional practice are exempt no restriction Tattooing a minor or even offering to do so is subject to a fine of up to $200 Artists must be satisfy training requirements and obtain a license from the health department. Establishments are subject to inspection and licensing [127] Wisconsin Statutes & Annotations 948. 70 and 252. 235 Wyoming none specified [128] Verbal consent, presence during procedure. [128] Procedures performed under the supervision of a licensed physician, and piercing of the ear, do not count as body art for this law. no restriction [128] Misdemeanor criminal offense, punishable by fine and prison time [128] Wyoming Statute §14-3-107 [128]

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What is needed to tattoo?

The ordinance requires all body art practitioners to annually register with the County, obtain annual bloodborne pathogens (BBP) training, provide documentation of Hepatitis B vaccination status, obtain specific health information from clients, and obtain ‘informed consent’ from clients.

Do you need a license to do Microblading in NC?

Microblading not regulated in NC In NC, the only requirement to offer microblading is that you do need a tattoo permit, other than that there’s no required training.

How many people are employed as tattoo artists?

How many people are employed in the Tattoo Artists industry in the US in 2022? There are 41,128 people employed in the Tattoo Artists industry in the US as of 2022.

Do you need a license to do permanent makeup in NC?

License Renewal – North Carolina clearly spells out their regulations and expectations for permanent makeup and tattoo artist practitioners in this state. You must receive a permit to apply permanent makeup or tattoos in this state through the Department of Health and Human Services.

Are neck tattoos illegal in SC?

Title 44 – Health CHAPTER 34 Tattooing SECTION 44-34-10. Definitions. As used in this chapter: (1) “Department” means the Department of Health and Environmental Control. (2) “Tattoo facility” means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.

(3) “Tattoo artist” means a person who practices body tattooing and who meets the requirements of this chapter. (4) “Tattoo or tattooing” means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.

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HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004. SECTION 44-34-20. Establishment of sterilization, sanitation, and safety standards; licensing; engaging in other retail business. (A) The Department of Health and Environmental Control must establish by regulation sterilization, sanitation, and safety standards for persons engaged in the business of tattooing.

The department must provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments.

The standards may be modified in accordance with the Administrative Procedures Act as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies. (B) Prior to performing tattooing procedures, a tattoo facility must apply for and obtain a license issued by the department that shall be effective for a specified time period following the date of issue as determined by the department.

To obtain a license, the tattoo facility must: (1) obtain a copy of the department’s standards and commit on the application to meet those standards; (2) provide the department with its business address and the address at which the licensee would perform any activity regulated by this chapter; (3) provide to the department a certificate of each tattoo artist’s initial certification of successful completion of courses in bloodborne pathogens and tattoo infection control as approved by the department and a current American Red Cross First Aid Certificate and an Adult Cardiopulmonary Resuscitation (CPR) Certification obtained from the American Red Cross or the American Heart Association; (4) remit to the department an initial and subsequently an annual license renewal fee of an amount set by the department; (5) provide to the department a certified copy of an ordinance passed by the local governing body where the business will be located which authorizes the tattooing of persons within its jurisdiction; (6) be in substantial compliance with department standards as determined by an initial license inspection conducted by the department.

(C) A tattoo facility may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing. HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.

SECTION 44-34-30;
Infection control measures or standards; single-use items; logs of autoclave use; disinfecting and sterilizing room; flooring;
(A) A tattoo artist must comply with the following infection control measures or standards at all times: (1) wash his hands thoroughly with water and a germicide soap approved by the department before and after each client’s procedure; (2) when necessary to perform a procedure on certain individuals who must undergo shaving of hair, use only a single-use disposable razor and clean the skin with a liquid germicidal solution approved by the department and used in accordance with the manufacturer’s directions; (3) use single-use sterile disposable gloves when setting up equipment and single-use sterile disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect; (4) when conducting a procedure, use single-use disposable needles and injection equipment which are designated and sterilely packaged as single-use only, and these needles and injection equipment must never be cleaned or reused in any manner on another client; (5) properly sterilize by autoclave all reusable instruments and other tattooing items other than inks and sterilely packaged and labeled with the date of sterilization and a sterile indicator; (6) prior to any direct contact with the client, place in a sterile manner all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure;

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Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments or field must immediately result in cessation of the procedure and nonuse of all equipment until resterilized; (7) scrub the skin of the client in a sterile surgical manner with a liquid germicidal solution approved by the department and used in accordance with the manufacturer’s direction; and (8) dispose of single-use needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in a manner prescribed by the department.

(B) The use of gauze, alum, styptic pencils, or medical supplies considered necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client. (C) The tattoo artist must not use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient.

(D) Each tattoo facility must keep a current written log for the previous two years of autoclave use including, but not limited to, the date and time of use and results of sterilization spore test strip tests performed at least monthly. (E) A tattoo facility must include a room for the purpose of disinfecting and sterilization of equipment, and this room must be physically separate from the room used for tattooing procedures to avoid cross contamination of equipment.

Flooring in each room must be composed of material which is sanitizable;
HISTORY: 2004 Act No;
250, Section 1, eff June 17, 2004;
SECTION 44-34-40;
Inspection costs; use of fees and monetary penalties;
(A) The department may charge an additional amount if necessary to cover the cost of inspection;

(B) Fees and monetary penalties established by this chapter must be used exclusively in support of activities pursuant to this chapter. HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004. SECTION 44-34-50. Tattoo artists; required certifications; on-site inspections.

(A) A tattoo artist must be at least twenty-one years old and must possess a certificate of successful completion, on an annual basis, of a course in blood borne pathology and tattoo infection control as approved by the department, a current American Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification obtained either from the American Red Cross or the American Heart Association;

A tattoo artist must conspicuously display in a public area on the premises of the tattoo facility the certificates of successful completion of a course in CPR, first aid, blood borne pathogens, and tattoo infection control. (B) A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.

(C) The tattoo artist must allow and cooperate with on-site inspections and investigations as considered necessary by the department and must address by corrective action the noncompliance items as identified by the department;

HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004. SECTION 44-34-60. Inspections and complaint investigations; display of license; verification of age and parental consent; actions by under-age recipients. (A) The department may conduct unannounced inspections or complaint investigations of the locations at which tattooing, as applicable to this chapter, is being performed.

(B) Each tattoo facility location must conspicuously display in a public area on the premises of the licensed tattoo facility: (1) a clearly legible notice to patrons informing them of any disqualification which tattooing 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 utilized by a tattoo artist. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site; (2) the tattoo facility license issued by the department.

(C) A tattoo artist must 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: (1) a valid driver’s license; or (2) 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 the 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 tattooed 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: 2004 Act No. 250, Section 1, eff June 17, 2004; 2010 Act No. 133, Section 1, eff March 30, 2010. SECTION 44-34-70. Promulgation of regulations; business licenses and permits. (A) The department must promulgate regulations as required by Section 44-34-20 and such other regulations as may be necessary but which do not conflict with the provisions of this chapter.

(B) This chapter does not limit the department’s ability to require a potential licensee to obtain any business license or permit that the department finds appropriate. HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004. SECTION 44-34-80. Grounds for revocation, suspension, or refusal to issue or renew license.

The department may revoke, suspend, or refuse to issue or renew a license pursuant to this chapter and invoke a monetary penalty upon evidence as determined by the department that the licensee of the facility under this chapter has: (1) failed to maintain a business address or telephone number at which the tattoo facility may be reached during business hours; (2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations; (3) obtained a tattoo facility license through fraud or deceit; or (4) violated any applicable law or regulation.

HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004. SECTION 44-34-90. Applicability to physicians and surgeons. This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State. HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004.

SECTION 44-34-100. Unlawful acts; penalties. (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of eighteen years. (B) The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.

(C) Tattooing may not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions. (D) Tattooing may not be performed on skin surfaces having a rash, pimples, boils, keloids, sunburn, open lesions, infections, or manifest any evidence of unhealthy conditions.

(E) It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person. (F) A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.

(G) All licensing fees and monetary penalties collected must be remitted to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter. HISTORY: 2004 Act No.

250, Section 1, eff June 17, 2004; 2010 Act No;
133, Section 2, eff March 30, 2010;
SECTION 44-34-110;
Restrictions on location of tattoo facility; notice of intent to apply for license;
(A)(1) The department must not grant or issue a license to a tattoo facility, if the place of business is within one thousand feet of a church, school, or playground;

This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground. (2) As used in this subsection: (a) “Church” means an establishment, other than a private dwelling, where religious services are usually conducted.

(b) “School” means an establishment, other than a private dwelling where the usual processes of education are usually conducted;
(c) “Playground” means a place, other than grounds at a private dwelling that is provided by the public or members of a community for recreation;

(3) The restrictions in subsection (A)(1) do not apply to the renewal of licenses or to new applications for locations that are licensed at the time the new application is filed with the department. (B) An applicant for license renewal or for a new license at an existing tattoo facility location shall pay a certification fee established by the department in regulation to determine if the exemptions provided for in subsection (A)(3) apply.

(C) A person who intends to apply for a license under this article must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business.

The department shall determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this subsection.

The notice must be in the legal notice section of the paper, or in an equivalent section if the newspaper has no legal notice section, and must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated.

HISTORY: 2004 Act No. 250, Section 1, eff June 17, 2004..

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