§ 18.2-371.3
Tattooing minors
No person shall tattoo a person less than eighteen years of age,
knowing or having reason to believe such person is less than eighteen
years of age except (i) in the presence of the person's parent
or guardian, or (ii) when done by or under the supervision of
a medical doctor, registered nurse or other medical services personnel
licensed pursuant to Title 54.1 in the performance of their duties.
A person who violates this section is guilty of a Class 3 misdemeanor.
For the purposes of this section "tattoo" means to
place any design, letter, scroll, figure, symbol or any other
mark upon or under the skin of any person with ink or any other
substance resulting in the permanent coloration of the skin by
the aid of needles or any other instrument designed to touch or
puncture the skin.
Virginia Code
Title 15.2. Counties, Cities and Towns.
CHAPTER 9. GENERAL POWERS OF LOCAL GOVERNMENTS.
ARTICLE 1. Public Health and Safety; Nuisances.
15.2-912. Regulation of tattoo parlors and body-piercing salons;
definition; exception. --
A. Any locality may by ordinance regulate the sanitary condition
of the personnel, equipment and premises of tattoo> parlors
and body-piercing salons and specify procedures for enforcement
of compliance with the disease control and disclosure requirements
of §§ 18.2-371.3.
B. For the purposes of this section:
"Body-piercing salon" means any place in which a fee
is charged for the act of penetrating the skin to make a hole,
mark, or scar, generally permanent in nature. "Body piercing"
does not include the use of a mechanized, presterilized ear-piercing
system that penetrates the outer perimeter or lobe of the ear
or both.
"<Tattoo> parlor" means any place in which is
offered or practiced the placing of designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin of
any person with ink or any other substance, resulting in the permanent
coloration of the skin, including permanent make-up or permanent
jewelry, by the aid of needles or any other instrument designed
to touch or puncture the skin.
C. This section shall not apply to medical doctors, veterinarians,
registered nurses or any other medical services personnel licensed
pursuant to Title 54.1 in performance of their professional duties.
D. Localities requiring regulation of <tattoo parlors and
piercing salons by ordinance shall include in such ordinance authorization
for unannounced inspections by appropriate personnel of the locality.
(1983, c. 429, §§ 15.1-28.3; 1997, c. 587; 2000, c.
842; 2001, c. 270.)
Virginia Code
Title 18.2. Crimes and Offenses Generally.
CHAPTER 8. CRIMES INVOLVING MORALS AND DECENCY.
ARTICLE 4. Family Offenses; Crimes Against Children, etc.
18.2-371.3. Tattooing or body piercing of minors. --
No person shall tattoo> or perform body piercing on a person
less than eighteen years of age, knowing or having reason to believe
such person is less than eighteen years of age except (i) in the
presence of the person's parent or guardian, or (ii) when done
by or under the supervision of a medical doctor, registered nurse
or other medical services personnel licensed pursuant to Title
54.1 in the performance of their duties.
In addition, no person shall <tattoo> or perform body piercing
on any client unless he complies with the Centers for Disease
Control and Prevention's guidelines for "Universal Blood
and Body Fluid Precautions" and provides the client with
the following disclosure:
1. <Tattooing> and body piercing are invasive procedures
in which the skin is penetrated by a foreign object.
2. If proper sterilization and antiseptic procedures are not
followed by <tattoo> artists and body piercers, there is
a risk of transmission of bloodborne pathogens and other infections,
including, but not limited to, human immunodeficiency viruses
and hepatitis B or C viruses.
3. <Tattooing> and body piercing may cause allergic reactions
in persons sensitive to dyes or the metals used in ornamentation.
4. <Tattooing> and body piercing may involve discomfort
or pain for which appropriate anesthesia cannot be legally made
available by the person performing the <tattoo> or body
piercing unless such person holds the appropriate license from
a Virginia health regulatory board.
A person who violates this section is guilty of a Class 2 misdemeanor.
Any second or subsequent violation of this section shall be punished
as a Class 1 misdemeanor. For the purposes of this section:
"Body-piercing" means the act of penetrating the skin
to make a hole, mark, or scar, generally permanent in nature.
"Body piercing" does not include the use of a mechanized,
presterilized ear-piercing system that penetrates the outer perimeter
or lobe of the ear or both.
"<Tattoo" means to place any design, letter, scroll,
figure, symbol or any other mark upon or under the skin of any
person with ink or any other substance resulting in the permanent
coloration of the skin, including permanent make-up or permanent
jewelry, by the aid of needles or any other instrument designed
to touch or puncture the skin.
(1997, c. 586; 2000, c. 842; 2001, c. 270.)
SENATE JOINT RESOLUTION NO. 375 Offered January 10, 2001 Prefiled
January 10, 2001
Requesting the Department of Health to study the appropriate level
of regulation for tattoo artists and body piercing technicians.
----------
Patron-- Edwards ----------
Referred to Committee on Rules ----------
WHEREAS, the practice of tattooing is the placement of any design,
letter, scroll, figure, symbol or any other mark upon or under
the skin of any person with ink or any other substance resulting
in the permanent coloration of the skin by the aid of needles
or any other instrument designed to touch or puncture the skin;
and
WHEREAS, the practice of body piercing is the perforation of
human tissue other than the ear for a nonmedical purpose; and
WHEREAS, the practice of body piercing and tattooing involves
risks associated with the handling of blood and body fluid including
possible exposure to bloodborne pathogens; and
WHEREAS, while certification standards, including training in
proper aseptic techniques and prevention of disease transmission,
have been developed by professional associations associated with
tattooing and body piercing to protect professional tattoo and
body piercing practitioners, there is no statewide requirement
that practitioners comply with such standards; and
WHEREAS, under current state law localities may regulate the
sanitary condition of the personnel, equipment and the premises
of tattoo parlors and body-piercing salons, there exists no statewide
regulatory standard to ensure that participants use proper infection
control techniques; and
WHEREAS, the risk to individual participants in the tattooing
and body piercing process of disease transmission is greatly increased
when a tattooist or body piercing technician fails to use proper
infection control techniques including safety, hygiene and sterilization
of the instruments or when the facility that the tattoist or body
piercing technician performs fails to meet minimum sanitary standards;
now, therefore, be it
RESOLVED by the Senate, the House of Delegates, That the Department
of Health be requested to study the appropriate level of regulation
for tattoo artists and body piercing technicians.
All agencies of the Commonwealth shall provide assistance to
the Department of Health for this study, upon request.
The Department of Health shall complete its work in time to submit
its findings and recommendations to the Governor and the 2002
Session of the General Assembly as provided in the procedures
of the Division of Legislative Automated Systems for the processing
of legislative documents.
