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The 2000 Florida Statutes
Title
XLVI
CRIMES
Chapter
877
Miscellaneous Crimes
View
Entire Chapter
877.04 Tattooing prohibited; penalty.--
(1) It is unlawful for any person to tattoo the body of any human
being; except that tattooing may be performed by a person licensed
to practice medicine or dentistry under chapters 458 and 459 or
chapter 466, or by a person under his or her general supervision
as defined by the Board of Medicine.
(2) Any person who violates the provisions of this section shall
be guilty of a misdemeanor of the second degree, punishable as provided
in s. 775.082
or s. 775.083.
(3) No body of a minor shall be tattooed without the written notarized
consent of the parent or legal guardian.
History.--ss. 1, 2, ch. 59-439; s. 1, ch. 69-118; s. 1148, ch.
71-136; s. 1, ch. 77-174; s. 124, ch. 92-149; s. 23, ch. 93-260;
s. 1426, ch. 97-102.
Florida statutes make it unlawful for anyone to tattoo the body
of a human being unless the tattooist is licensed to practice medicine
or dentistry or is operating under the general supervision of such
a licensed person as defined by the Board of Medicine (Fla. Stat.
Ann. § 877.04). The statute goes on to make violation of this
provision a second degree misdemeanor, and it prohibits tattooing
a minor without the written notarized consent of the parent or legal
guardian. Finally, the statute requires the Department of Professional
Regulation to recommend to the 1993 Florida Legislature the appropriate
level of regulation for persons practicing tattooing. We have obtained
a copy of this report and will share it with you if you wish, but
we have been told by Ron Watson, legislative specialist with the
Department of Business and Professional Regulation, that the legislature
chose to make no changes in Florida's law subsequent to receiving
the report.
The Board of Medicine's regulations define the term "general
supervision" to mean the supervision of a tattooist by a physician,
osteopath, or dentist which does not require the physical presence
of the supervisor when procedures are performed, but which does
require:
1. a semi-annual review and inspection by the supervisor of the
tattooist's techniques, procedures, and equipment;
2. quarterly training by the supervisor of the tattooist in infection
control, sterilization, and emergency procedures; and
3. development by the supervisor and the tattooist jointly of written
procedures regarding the medical condition for individuals to receive
tattoos, treatment of routine minor problems resulting during the
tattooing, and detailed procedures to be followed during the performance
of or as a result of tattooing.
These written procedures must be maintained in a readily available
location on the tattooing premises and the supervisor must keep
a copy. These written procedures must be readily available for inspection
and review by the Department of Professional Regulation, the Board
of Medicine, the Board of Osteopathic Examiners, and the Board of
Dentistry (Fla. Admin. Code § 21 M-29.002).
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