West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-1. Definitions.
(a) "Adequate ventilation" means a free and unrestricted
circulation of fresh air throughout the tattoo> studio and
the expulsion of foul or stagnant air.
(b) "Minor" means any person under the age of eighteen
years.
(c) "<Tattoo>" means to mark or color the skin
by pricking in coloring matter so as to form indelible marks or
figures or by the production of scars.
(d) "<Tattoo> studio" means any room or space
where <tattooing> is practiced or where the business of
<tattooing or any part thereof is conducted.
(e) "Antibacterial solution" means any solution used
to retard the growth of bacteria approved for application to human
skin and includes all products so labeled.
(f) "Germicidal solution" means any solution which
destroys germs and is so labeled.
(g) "Sterilization" means holding in an autoclave for
twenty-five minutes at fifteen pounds pressure at a temperature
of two hundred fifty degrees Fahrenheit or one hundred twenty-one
degrees Celsius.
(2001, c. 291.)
West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-2. Studio sanitation.
(a) The tattoo> artist's hands shall be washed and then air
blown or dried by single-use towel prior to beginning work on
each person or when interrupted in the process of working on a
person. In addition, disposable latex examination gloves shall
be worn by the <tattoo> artist during the <tattooing>
process. The gloves shall be changed and properly disposed of
each time there is an interruption in the application of the <tattoo>,
each time the gloves become torn or punctured or whenever the
ability of the gloves to function as a barrier is compromised.
(b) Cabinets for the storage of instruments, dyes, pigments,
single-use articles, carbon, stencils and other utensils shall
be provided for each operator and shall be maintained in a sanitary
manner.
(c) Bulk single use articles shall be commercially packaged and
handled in such a way as to protect them from contamination. Storage
of single-use articles may not be in toilet rooms or in vestibules
of toilet rooms nor under nonpotable water lines or exposed sewer
lines.
(d) Work tables and chairs or benches shall be provided for each
<tattoo> artist. The surface of all work tables and chairs
or benches shall be constructed of material which is smooth, light
colored, nonabsorbent, corrosive-resistant and easily sanitized.
The work tables and chairs or benches shall be sanitized with
a germicidal solution after each <tattoo> application. All
existing <tattoo> studios on the effective date of the administrative
regulation shall be exempt from the required color of the work
table.
(e) All materials applied to human skin shall be from single-use
articles or transferred from bulk containers to single-use containers
and shall be disposed of after each use.
(f) No pets, including working dogs, guide dogs or security dogs
from a certified trainer, may be permitted in a <tattoo studio
workroom as defined in subsection (b), section four [§§
16-38-4] of this article.
(2001, c. 291.)
West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-3. Operation standards.
(a) Records.
(1) Proper records of tattoos administered shall be maintained
for each patron by the holder of the studio registration;
(2) A record shall be prepared for each patron prior to any procedure
being performed and shall include the patron's name and signature,
address, age, date tattooed, design of the tattoo, location of
the <tattoo> on the patron's body and the name of the tattoo
artist who performed the work;
(3) Record entries shall be in ink or indelible pencil and shall
be available for examination by the inspecting authorities provided
in section six of this article [§§ 16-38-6];
(4) Before tattoo administration, the owner or tattoo artist
shall discuss with the patron the risks involved in the tattoo
requested and the possible complications, which shall be entered
in the record;
(5) All records required by this section shall be kept on file
for five years by the holder of the studio registration for the
studio in which the tattoo was performed.
(b) Consent.
(1) Prior written consent for tattooing of minors shall be obtained
from one parent or guardian;
(2) All written consents shall be kept on file for five years
by the holder of the studio registration for the <tattoo>
studio in which the tattoo was performed;
(3) The person receiving the tattoo shall attest to the fact
that he or she is not intoxicated or under the influence of drugs
or alcohol.
(c) Tattooing procedures.
(1) Printed instructions on the care of the skin after tattooing
shall be given to each patron as a precaution to prevent infection;
(2) A copy of the printed instructions shall be posted in a conspicuous
place, clearly visible to the person being tattooed;
(3) Each tattoo artist shall wear a clean outer garment, i.e.,
apron, smock, T-shirt, etc.;
(4) Tattoo artists who are experiencing diarrhea, vomiting, fever,
rash, productive cough, jaundice, draining or open skin infections
such as boils which could be indicative of more serious conditions
such as, but not limited to, impetigo, scabies, hepatitis-b, HIV
or AIDS shall refrain from <tattooing> activities until
such time as they are no longer experiencing or exhibiting the
aforementioned symptoms;
(5) Before working on each patron, the fingernails and hands
of the tattoo artist shall be thoroughly washed and scrubbed with
hot running water, antibacterial soap and an individual hand brush
that is clean and in good repair;
(6) The tattoo artist's hands shall be air blown dried or dried
by a single-use towel. In addition, disposable latex examination
gloves shall be worn during the tattoo process. The gloves shall
be changed each time there is an interruption in the tattoo application,
the gloves become torn or punctured or whenever their ability
to function as a barrier is compromised;
(7) Only sterilized or single-use, disposable razors shall be
used to shave the area to be tattooed;
(8) Immediately prior to beginning the tattoo procedure, the
affected skin area shall be treated with an antibacterial solution;
(9) If an acetate stencil is used by a tattoo artist for transferring
the design to the skin, the acetate stencil shall be thoroughly
cleaned and rinsed in a germicidal solution for at least twenty
minutes and then dried with sterile gauze or dried in the air
on a sanitized surface after each use;
(10) If a paper stencil is used by a tattoo artist for transferring
the design to the skin, the paper stencil shall be single-use
and disposable;
(11) If the design is drawn directly onto the skin, the design
shall be applied with a single-use article only.
(1) Only nontoxic sterile dyes or pigments shall be used and
shall be prepared in sterilized or disposable single-use containers
for each patron;
(2) After tattooing, the unused dye or pigment in the single-use
containers shall be discarded along with the container;
(3) All dyes or pigments used in tattooing shall be from professional
suppliers specifically providing dyes or pigments for the tattooing
of human skin.
(e) Sterilization of needles.
(1) A set of individual, sterilized needles shall be used for
each patron;
(2) No less than twenty-four sets of sterilized needles and tubes
shall be on hand for the entire day or night operation. Unused
sterilized instruments shall be re-sterilized at intervals of
no more than six months from the date of the last sterilization;
(3) Used, non-disposable instruments shall be kept in a separate,
puncture resistant container until brush scrubbed in hot water
and soap and then sterilized by autoclaving;
(4) If used instruments are ultrasonically cleaned prior to being
placed in -- the used instrument container, they shall be ultrasonically
cleaned and then rinsed under running hot water prior to being
placed in the used instrument container;
(5) The ultrasonic unit shall be sanitized daily with a germicidal
solution;
(6) If used instruments are not ultrasonically cleaned prior
to being placed in the used instrument container, they shall be
kept in a germicidal or soap solution until brush scrubbed in
hot water and soap and then sterilized by autoclaving;
(7) All non-disposable instruments, including the needle tubes,
shall be sterilized and shall be handled and stored in such a
manner as to prevent contamination. Instruments to be sterilized
shall be sealed in bags made specifically for the purpose of autoclave
sterilization and shall include the date of sterilization. If
nontransparent sterilization bags are utilized, the bag shall
also list the contents;
(8) Autoclave sterilization bags, with a color code indicator
which changes color upon proper steam sterilization, shall be
utilized during the autoclave sterilization process;
(9) Instruments shall be placed in the autoclave in such a manner
as to allow live steam to circulate around them;
(10) No rusty, defective or faulty instruments shall be kept
in the studio.
(f) Aftercare of tattoo.
The completed tattoo shall be washed with a single-use towel
saturated with an antibacterial solution.
(2001, c. 291.)
West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-4. Facilities and equipment.
(a) General physical environment.
(1) Tattoo> studios shall have at least fifty footcandles
of light and adequate ventilation. Walls and ceilings shall be
painted a light color;
(2) The floor of the <tattoo> workroom shall be constructed
of impervious material. The floor shall be swept and wet-mopped
daily. Floors, walls or ceilings shall not be swept or cleaned
while <tattooing> is in operation;
(3) convenient, clean and sanitary toilet and hand-washing facilities
shall be made accessible to customers;
(4) The building and equipment shall be maintained in a state
of good repair at all times. The studio premises shall be kept
clean, neat and free of litter and rubbish.
(b) Workroom.
(1) Each <tattoo> studio shall have a workroom separate
from a waiting room or any room or rooms used for any other purpose.
The workroom may not be used as a corridor for access to other
rooms. Patrons or customers shall be <tattooed> only in
the workroom;
(2) The workroom shall be equipped with hot and cold running
water, with one sink or basin per artist operating at the same
time;
(3) The sinks and basins shall be for the exclusive use of the
<tattoo> artists for washing their hands and preparing customers
for <tattooing>. They shall be equipped with foot, wrist
or single-lever action controls, soap, a germicidal solution,
single-use towels and individual hand brushes clean and in good
repair for each <tattoo artist. All plumbing shall be in compliance
with industry standards;
(4) Persons may not consume any food or drink nor smoke in the
workroom.
(2001, c. 291.)
West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-5. Disposal of waste.
The tattoo studio operator shall comply with rules promulgated
by the commissioner of the bureau of public health regarding the
disposal of medical wastes.
(2001, c. 291.)
West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-6. Registration requirements; inspections by local or regional
boards of health; permit fees.
(a) Tattoo> studios in West Virginia shall obtain a West Virginia
business registration certificate and shall register with their
local or regional board of health.
(b) Each local or regional board of health shall conduct annual
inspections of each <tattoo> studio to determine compliance
with this article. Every person, firm or corporation operating
a <tattoo> studio in West Virginia shall apply to their
local or regional board of health for the inspection. The local
or regional boards of health shall attempt to conduct the inspections
within ten days of the receipt of the request for inspection:
Provided, That if it is impracticable for the local or regional
board of health to conduct the investigation within ten days after
receiving the application, the boards may issue to the applicant
a temporary operating permit which shall be valid for thirty days
or until a regular inspection is made, whichever occurs first.
(c) Upon a determination by the inspecting authority that any
<tattoo> studio is not in compliance with the provisions
of this article, the inspection authority shall have the power
to order the <tattoo> studio to cease operations until a
time as the inspecting authority determines that the studio is
in compliance.
(d) Upon a determination by the inspecting authority that the
<tattoo> studio is in compliance with the provisions of
this article, there shall be issued to the studio an operating
permit that shall be posted in a conspicuous place, clearly visible
to the general public.
(e) The fee for the issuance of an operating permit issued pursuant
to this article shall be two hundred dollars and shall be paid
by the <tattoo studio receiving the permit. The fee shall be
collected by and paid to the local or regional boards of health.
(2001, c. 291.)
West Virginia Code
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. TATTOO STUDIO BUSINESS.
16-38-7. Violations and penalties.
Any owner of a tattoo> studio who does not obtain a West Virginia
business registration certificate, who does not register with
their local or regional board of health or who fails to request
an inspection pursuant to section six [§§ 16-38-6] of
this article shall be guilty of a misdemeanor and, upon conviction
thereof, for a first offense, may have all of the <tattoo>
equipment and paraphernalia confiscated and shall be fined one
hundred dollars. For a second offense, which is a misdemeanor,
the owner may have all of the <tattoo> equipment and paraphernalia
confiscated and shall be fined not less than five hundred dollars
nor more than one thousand dollars or confined in a county or
regional jail not less than ten days nor more than one year. or
both fined and imprisoned. For a third offense, which is a misdemeanor,
the owner shall have all the <tattoo equipment and paraphernalia
confiscated, shall be fined not less than one thousand dollars
nor more than five thousand dollars, or confined in a county or
regional jail not less than thirty days nor more than one year,
or both fined and imprisoned.
(2001, c. 291.)
1) CHAPTER 15. PUBLIC SAFETY.
Punishment by flogging, or by branding, or marking or tattooing
on the body, or any other cruel or unusual punishment, may not
be adjudged by any court-martial or inflicted upon any person
subject to this part.
2) or renewal license or denies an application for a temporary
permit or suspends or revokes any license or temporary permit,
it shall make an interim order to that effect and serve a copy
thereof on the applicant or licensee, as the case may be, by certified
mail, return receipt requested. Such order shall state the grounds
for the action taken and shall require that any license or temporary
permit suspended or revoked thereby shall be returned to the board
by the holder within twenty days after receipt of said copy of
said order.
(d) "Tattoo studio" means any room or space where tattooing
is practiced or where the business of tattooing or any part thereof
is conducted. In addition, disposable latex examination gloves
shall be worn by the tattoo artist during the tattooing process.
(1) Prior written consent for tattooing of minors shall be obtained
from one parent or guardian.
ARTICLE 33. TATTOO STUDIO BUSINESS.
§30-33-1. Definitions.
(a) "Adequate ventilation" means a free and unrestricted
circulation of fresh air throughout the tattoo studio and the
expulsion of foul or stagnant air.
(b) "Minor" means any person under the age of eighteen
years.
(c) "Tattoo" means to mark or color the skin by pricking
in coloring matter so as to form indelible marks or figures or
by the production of scars.
(d) "Tattoo studio" means any room or space where tattooing
is practiced or where the business of tattooing or any part thereof
is conducted.
(e) "Antibacterial solution" means any solution used
to retard the growth of bacteria approved for application to human
skin and includes all products so labeled.
(f) "Germicidal solution" means any solution which destroys
germs, and is so labeled.
(g) "Sterilization" means holding in an autoclave for
twenty-five minutes at fifteen pounds pressure at a temperature
of two hundred fifty degrees Fahrenheit or one hundred twenty-one
degrees Celsius.
§30-33-2. Studio sanitation.
(a) The tattoo artist's hands shall be washed and then air blown
or dried by single use towel prior to beginning work on each person
or when interrupted in the process of working on a person. In
addition, disposable latex examination gloves shall be worn by
the tattoo artist during the tattooing process. The gloves shall
be changed and properly disposed of each time there is an interruption
in the application of the tattoo, each time the gloves become
torn or punctured, or whenever the ability of the gloves to function
as a barrier is compromised.
(b) Cabinets for the storage of instruments, dyes, pigments, single
use articles, carbon, stencils and other utensils shall be provided
for each operator and shall be maintained in a sanitary manner.
(c) Bulk single use articles shall be commercially packaged and
handled in such a way as to protect them from contamination. Storage
of single use articles shall not be in toilet rooms or in vestibules
of toilet rooms nor under nonpotable water lines or exposed sewer
lines.
(d) Work tables and chairs or benches shall be provided for each
tattoo artist. The surface of all work tables and chairs or benches
shall be constructed of material which is smooth, light colored,
nonabsorbent, corrosive-resistant, and easily sanitized. The work
tables and chairs or benches shall be sanitized with a germicidal
solution after each tattoo application. All existing tattoo studios
on the effective date of the administrative regulation shall be
exempt from the required color of the work table.
(e) All materials applied to human skin shall be from single use
articles or transferred from bulk containers to single use containers
and shall be disposed of after each use.
(f) No pets, including working dogs, guide dogs or security dogs
from a certified trainer, may be permitted in a tattoo studio
workroom as defined in subsection (b) of section four of this
article.
§30-33-3. Operation standards.
(a) Records.
(1) Proper records of tattoos administered shall be maintained
for each patron by the holder of the studio registration.
(2) A record shall be prepared for each patron prior to any procedure
being performed and shall include the patron's name and signature,
address, age, date tattooed, design of the tattoo, location of
the tattoo on the patron's body, and the name of the tattoo artist
who performed the work.
(3) Record entries shall be in ink or indelible pencil and shall
be available for examination by the inspecting authorities provided
in section six of this article.
(4) Before tattoo administration, the owner or tattoo artist shall
discuss with the patron the risks involved in the tattoo requested
and the possible complications, which shall be entered in the
record.
(5) All records required by this section shall be kept on file
for five years by the holder of the studio registration for the
studio in which the tattoo was performed.
(b) Consent.
(1) Prior written consent for tattooing of minors shall be obtained
from one parent or guardian.
(2) All written consents shall be kept on file for five years
by the holder of the studio registration for the tattoo studio
in which the tattoo was performed.
(3) The person receiving the tattoo shall attest to the fact that
he or she is not intoxicated or under the influence of drugs or
alcohol.
(c) Tattooing procedures.
(1) Printed instructions on the care of the skin after tattooing
shall be given to each patron as a precaution to prevent infection.
(2) A copy of the printed instructions shall be posted in a conspicuous
place, clearly visible to the person being tattooed.
(3) Each tattoo artist shall wear a clean outer garment, i.e.,
apron, smock, T-shirt, etc.
(4) Tattoo artists who are experiencing diarrhea, vomiting, fever,
rash, productive cough, jaundice, draining or open skin infections
such as boils which could be indicative of more serious conditions
such as, but not limited to, impetigo, scabies, hepatitis-b, HIV
or AIDS shall refrain from tattooing activities until such time
as they are no longer experiencing or exhibiting the aforementioned
symptoms.
(5) Before working on each patron, the fingernails and hands of
the tattoo artist shall be thoroughly washed and scrubbed with
hot running water, antibacterial soap, and an individual hand
brush that is clean and in good repair.
(6) The tattoo artist's hands shall be air blown dried or dried
by a single use towel. In addition, disposable latex examination
gloves shall be worn during the tattoo process. The gloves shall
be changed each time there is an interruption in the tattoo application,
the gloves become torn or punctured, or whenever their ability
to function as a barrier is compromised.
(7) Only sterilized or single use, disposable razors shall be
used to shave the area to be tattooed.
(8) Immediately prior to beginning the tattoo procedure the affected
skin area shall be treated with an antibacterial solution.
(9) If an acetate stencil is used by a tattoo artist for transferring
the design to the skin, the acetate stencil shall be thoroughly
cleaned and rinsed in a germicidal solution for at least twenty
minutes and then dried with sterile gauze or dried in the air
on a sanitized surface after each use.
(10) If a paper stencil is used by a tattoo artist for transferring
the design to the skin, the paper stencil shall be single use
and disposable.
(11) If the design is drawn directly onto the skin, the design
shall be applied with a single use article only.
(d) Dyes or pigments.
(1) Only nontoxic sterile dyes or pigments shall be used and shall
be prepared in sterilized or disposable single use containers
for each patron.
(2) After tattooing, the unused dye or pigment in the single use
containers shall be discarded along with the container.
(3) All dyes or pigments used in tattooing shall be from professional
suppliers specifically providing dyes or pigments for the tattooing
of human skin.
(e) Sterilization of needles.
(1) A set of individual, sterilized needles shall be used for
each patron.
(2) No less than twenty-four sets of sterilized needles and tubes
shall be on hand for the entire day or night operation. Unused
sterilized instruments shall be resterilized at intervals of no
more than six months from the date of the last sterilization.
(3) Used, nondisposable instruments shall be kept in a separate,
puncture resistant container until brush scrubbed in hot water
and soap, and then sterilized by autoclaving.
(4) If used instruments are ultrasoniced prior to being placed
in the used instrument container, they shall be ultrasoniced and
then rinsed under running hot water prior to being placed in the
used instrument container.
(5) The ultrasonic unit shall be sanitized daily with a germicidal
solution.
(6) If used instruments are not ultrasoniced prior to being placed
in the used instrument container, they shall be kept in a germicidal
or soap solution until brush scrubbed in hot water and soap, and
then sterilized by autoclaving.
(7) All nondisposable instruments including the needle tubes shall
be sterilized and shall be handled and stored in such a manner
as to prevent contamination. Instruments to be sterilized shall
be sealed in bags made specifically for the purpose of autoclave
sterilization, and shall include the date of sterilization. If
nontransparent sterilization bags are utilized, the bag shall
also list the contents.
(8) Autoclave sterilization bags, with a color code indicator
which changes color upon proper steam sterilization, shall be
utilized during the autoclave sterilization process.
(9) Instruments shall be placed in the autoclave in such a manner
as to allow live steam to circulate around them.
(10) No rusty, defective or faulty instruments shall be kept in
the studio.
(f) After care of tattoo.
The completed tattoo shall be washed with a single use towel saturated
with an antibacterial solution.
§30-33-4. Facilities and equipment.
(a) General physical environment.
(1) Tattoo studios shall have at least fifty footcandles of light
and adequate ventilation. Walls and ceilings shall be painted
a light color.
(2) The floor of the tattoo workroom shall be constructed of impervious
material. The floor shall be swept and wet mopped daily. Floors,
walls, or ceilings shall not be swept or cleaned while tattooing
is in operation.
(3) Convenient, clean, and sanitary toilet and hand-washing facilities
shall be made accessible to customers.
(4) The building and equipment shall be maintained in a state
of good repair at all times. The studio premises shall be kept
clean, neat and free of litter and rubbish.
(b) Workroom.
(1) Each tattoo studio shall have a workroom separate from a waiting
room or any room or rooms used for any other purpose. The workroom
shall not be used as a corridor for access to other rooms. Patrons
or customers shall be tattooed only in the workroom.
(2) The workroom shall be equipped with hot and cold running water,
with one sink or basin per artist operating at the same time.
(3) The sinks and basins shall be for the exclusive use of the
tattoo artists for washing their hands and preparing customers
for tattooing. They shall be equipped with foot, wrist or single
lever action controls, soap, a germicidal solution, single use
towels and individual hand brushes clean and in good repair for
each tattoo artist. All plumbing shall be in compliance with industry
standards.
(4) Persons may not consume any food or drink nor smoke in the
workroom.
§30-33-5. Disposal of waste.
The tattoo studio operator shall comply with rules promulgated
by the commissioner of the bureau of public health regarding the
disposal of medical wastes.
§30-33-6. Registration requirements; inspections by local
or regional boards of health; permit fees.
(a) Tattoo studios in West Virginia shall obtain a West Virginia
business registration certificate and shall register with their
local or regional board of health.
(b) Each local or regional board of health shall conduct annual
inspections of each tattoo studio to determine compliance with
this article. Every person, firm or corporation operating a tattoo
studio in West Virginia shall apply to their local or regional
board of health for such inspection. The local or regional boards
of health shall attempt to conduct such inspections within ten
days of the receipt of the request for inspection: Provided, That
if it is impracticable for the local or regional board of health
to conduct the investigation within ten days after receiving such
application, the boards may issue to such applicant a temporary
operating permit which shall be valid for thirty days or until
a regular inspection is made, whichever occurs first.
(c) Upon a determination by the inspecting authority that any
tattoo studio is not in compliance with the provisions of this
article, the inspection authority shall have the power to order
the tattoo studio to cease operations until such time as the inspecting
authority determines that said studio is in compliance.
(d) Upon a determination by the inspecting authority that the
tattoo studio is in compliance with the provisions of this article,
there shall be issued to said studio an operating permit that
shall be posted in a conspicuous place, clearly visible to the
general public.
(e) The fee for the issuance of an operating permit issued pursuant
to this article shall be two hundred dollars, and shall be paid
by the tattoo studio receiving such permit. The fee shall be collected
by and paid to the local or regional boards of health.
§30-33-7. Violations and penalties.
Any owner of a tattoo studio who does not obtain a West Virginia
business registration certificate, who does not register with
their local or regional board of health, or who fails to request
an inspection pursuant to section six of this article shall be
guilty of a misdemeanor, and, upon conviction thereof, for a first
offense, the owner may have all of the tattoo equipment and paraphernalia
confiscated and shall be fined one hundred dollars. For a second
offense, which is a misdemeanor, the owner may have all of the
tattoo equipment and paraphernalia confiscated and shall be fined
not less than five hundred dollars nor more than one thousand
dollars or be jailed for not less than ten days nor more than
one year, or in the discretion of the court, by both such fine
and imprisonment. For a third offense, which is a misdemeanor,
the owner shall have all the tattoo equipment and paraphernalia
confiscated, shall be fined not less than one thousand dollars
nor more than five thousand dollars, or be jailed not less than
thirty days nor more than one year, or, in the discretion of the
court, by both such fine and imprisonment.
