(1) A person may not tattoo the body of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466." 7, eff. 580, Sec. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1999, 76th Leg., ch. In a single motion, the artist places the jewelry to be inserted behind the needle and as the needle passes through the skin, the jewelry follows. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Body Art. GENERAL GROUNDS FOR REFUSAL. Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may find that a violation has occurred and impose a penalty or may find that no violation occurred. Uses instruments that are either disposable or are routinely sterilized. During these inspections, we ensure the studios comply with state and local laws and regulations. Additionally, the adult responsible for giving their permission must be present at the tattoo shop when the procedure is taking place, as well as provide proof of parentage or guardianship. 4, eff. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. The . A person may not perform body piercing if the person suspects that the individual on whom the body piercing is to be performed is under the influence of alcohol or drugs. For example, there is no age restriction in . Stick with us for the next few moments as we dive into the latest Texas tattoo laws for clients and artists alike. Also ear piercings can be performed on a minor as an exception without a parental consent. (b) The department may suspend for not more than 60 days or revoke an original or renewal tattoo studio or body piercing studio license if it is found, after notice and hearing, that any of the following is true: (1) the license holder has been finally convicted of a violation of this chapter; (2) the license holder violated a provision of this chapter or a rule adopted under this chapter; (3) the license holder made a false or misleading statement in connection with the original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the department; (4) the license holder is indebted to the state for fees or payment of penalties imposed by this chapter or by a rule adopted under this chapter; (5) the license holder knowingly misrepresented to a customer or the public any tattoo or body piercing jewelry sold by the license holder; or. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Sept. 1, 1999. The cookies is used to store the user consent for the cookies in the category "Necessary". In states that require or allow for tattoo artist apprenticeships, in accordance with the provisions of this chapter. Center for Health Emergency Preparedness & Response, Texas Comprehensive Cancer Control Program, Cancer Resources for Health Professionals, Resources for Cancer Patients, Caregivers and Families, Food Manufacturers, Wholesalers, and Warehouses, Emergency Medical Services (EMS) Licensure, National Electronic Disease Surveillance System (NEDSS), Health Care Information Collection (THCIC), Chapter 146: Tattoo and Certain Body Piercing Studios, Chapter 431: Texas Food, Drug, and Cosmetic Act, 229.261: Assessment of Administrative or Civil Penalties, 229.401413: Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios, Part 1910.1030: Bloodborne Pathogens: Occupational Safety and Health Standards, Open Records - Tattoo and Body Piercing Studios, Contact Information - Tattoo and Body Piercing Studios, Licensing Requirements - Tattoo and Body Piercing Studios, Guidance Documents - Tattoo and Body Piercing Studios, Licensing - Tattoo and Body Piercing Studios, Applications and Forms - Tattoo and Body Piercing Studios, Frequently Asked Questions about Getting a Tattoo or Body Piercing, How to File a Complaint - Tattoo and Body Piercing Studios, Compliance Actions - Tattoo and Body Piercing Studios. 2, eff. In Florida, for example, tattooing when unlicensed and owning a tattoo gun without a license is a second-degree misdemeanor that attracts a jail sentence of 60 days. The State Health Services website has an application for a TX license. 580, Sec. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond. 1 (S.B. 936, Sec. Applicants must exercise in texas licenses in your license is a penalty is an owner registered that without acourt may not applicable state laws to. April 2, 2015. 146.0041. Tattoos and body art that are offensive, even if DFPS has permanent managing conservatorship. 219), Sec. (a) The commissioner may, with or without notice or hearing, issue an emergency order relating to regulation under this chapter of a tattooist or body piercer, or to the operation of a tattoo studio or body piercing studio, if the commissioner finds: (A) the operation of the tattoo studio or body piercing studio or the performance of tattooing or body piercing by the tattooist or body piercer presents an immediate and serious threat to human health; or. (a) This chapter does not apply to: (1) a medical facility licensed under other law; (2) an office or clinic of a person licensed by the Texas Medical Board; (3) a person who performs only ear piercing; or. Amended by Acts 1995, 74th Leg., ch. (a) A person may not conduct, operate, or maintain a tattoo studio unless the person holds a license issued by the department to operate the tattoo studio. (3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. Analytical cookies are used to understand how visitors interact with the website. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. (d) The department shall issue an order that states the facts on which a determination that a violation occurred is based, including an assessment of the penalty. You also have the option to opt-out of these cookies. 970), Sec. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 10, eff. This isnt clearly stated and will likely depend on the preferences of the artist. (b) Except as provided by Section 146.0025, a person may not practice tattooing or body piercing at a temporary location unless the person holds a temporary location license for tattooing or body piercing, as appropriate, issued by the department. Additionally, if you work in a field like medicine or law, practicing without a license is illegal and can lead to arrest. Added by Acts 1993, 73rd Leg., ch. 3.0442, eff. SANITATION REQUIREMENTS. In some states, the information on this website may be considered a lawyer referral service. Added by Acts 1993, 73rd Leg., ch. The artist prohibits the tattooing or body piercing of minors (unless above mentioned conditions are met). 146.019. Tenn. Code 62-38-201-310: Texas 18 (piercings excepted) Possible option to take driver safety course and get ticket dismissed/points reduced. 936, Sec. As of now, all states in the US allow tattoos, with most placing certain regulations on the industry. Its worth pointing out that in the case of a minor falsely representing themselves as an adult in order to get a tattoo, he or she will be committing a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of $2,000. 229.261: Assessment of Administrative or Civil Penalties. While it doesn't make sense to have states regulate tattoos and tattooing, there are real dangers that come with this industry being unregulated. MAINTENANCE OF RECORDS. 1226, Sec. You will have to pay the license fees as well; for example, in New York City, you will pay $100 for a two-year tattoo license, and half of the amount if you're applying for a temporary tattoo license (for a seven consecutive day period in which the license is applied for). The attorney listings on this site are paid attorney advertising. For example, the surfaces need to be sanitized before each procedure, needles must be disposed of properly, and so on. (a) The executive commissioner by rule shall establish sanitation requirements for tattoo and body piercing studios and any other necessary requirements relating to the building or part of the building in which a tattoo or body piercing studio is located. d/b/a Velvet Spa Salon, 25 TAC 229.401(d), HSC 431.112(a)(1), and HSC 431.112(e)(1) and 25 TAC 229.407(h), Zale Delaware Inc. 3, eff. At the time of writing, the application fee is $927, or $464 for a special event. CHANGE OF LOCATION. Sept. 1, 1999. Continue with Recommended Cookies. The artist is required to provide the customer with oral and written instructions on how to care for a newly applied tattoo. The needles stick out only a few millimeters from the end of the tube, so they don't go deep into the skin. 1, eff. 3.0443, eff. ASEPTIC TECHNIQUES. Generally the components of the pen-type machine come pre-sterilized from the manufacturer and are disposable (one-time use) items. 146.006. Additionally, a surcharge of $250 will be added to your annual driver's license fee for each of the next three years. First and foremost, you must be at least 18 years of age to work as a tattoo artist in New Hampshire. Amended by Acts 1995, 74th Leg., ch. 936, Sec. (l) The department on receipt of a copy of an affidavit under Subsection (k)(2) may file, with the court within five days after the date the copy is received, a contest to the affidavit. 3.0445, eff. (q) A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. (a) The executive commissioner shall adopt rules to implement this chapter. How to report illegal tattooing in Texas? REPORT OF INFECTION. Jan. 1, 1994. 6, eff. (a) A tattooist or person who performs body piercing shall use tools and equipment for tattooing or body piercing that have been properly sterilized and kept in a sterile condition. Sept. 1, 1993. The notice may be given by certified mail. Municipal court order to attend the act as etching or for tattooing without a . Tattooing Prohibited; Penalty. While theres no clear regulation stating the minimum age requirement for getting a tattoo in Texas with the consent form, most artists refuse to provide their services to people they deem too young. (b) A person may not perform tongue splitting. 146.0042. This includes studios that perform traditional tattooing, permanent cosmetics and scarification. (f) The commissioner or the attorney general may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses. Disposable or are routinely sterilized ) a penalty collected under this section shall be remitted to comptroller. Person may not perform tongue splitting also have the option to take driver safety course and get ticket reduced. 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