As of now, all states in the US allow tattoos, with most placing certain regulations on the industry. 229.261: Assessment of Administrative or Civil Penalties. 580, Sec. (2) the person has obtained consent from the person's parent or guardian to cover the tattoo. Por favor, responda a esta breve encuesta. Can you get a tattoo when youre 15 in Texas? Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. BODY PIERCING PROHIBITED FOR CERTAIN PERSONS. 3.0441, eff. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. 219), Sec. Tattoo License Did you mean: Tattoo Artist License - Temporary About Apply After You Apply Operating & Renewing New Application Fees: 100.00 HOW TO APPLY Renewal Fees: $100.00 OPERATING & RENEWING Renewal Cycle: 2Years OPERATING & RENEWING About Health and Mental Hygiene, Department of City 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. How old do you have to be to get a tattoo in Texas with a parent? DEFINITIONS. April 2, 2015. Fill out a tuberculosis and syphilis report form. Amended by Acts 2003, 78th Leg., ch. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 381.00785 Criminal penalties.. (j) Within 30 days after the date the department's order is final as provided by Subchapter F, Chapter 2001, Government Code, the person shall: (2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or. Ann. Denos su opinin sobre sus experiencias con las instalaciones, el personal, la comunicacin y los servicios del DSHS. As for the artists rights, its worth mentioning that they are allowed to refuse service to anyone for any reason. The attorney listings on this site are paid attorney advertising. This website uses cookies to improve your experience while you navigate through the website. 146.005. Sept. 1, 2003. This cookie is set by GDPR Cookie Consent plugin. Por favor, responda a esta breve encuesta. On March 1, 2021, TABC adopted a new methodology for calculating penalty amounts, including a new rule . perform tattoo work without a valid licence employ an unlicensed person to do tattooing work. 516, Sec. Sept. 1, 1993. Table of contents. (a) A tattooist shall maintain a permanent record of each person tattooed by the tattooist for a period established by department rule. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1999, 76th Leg., ch. (B) a shooting, stabbing, or other violent act or an offense involving drugs: (i) occurred at the tattoo studio or body piercing studio; or, (ii) involved the tattooist or body piercer; and. Stick with us for the next few moments as we dive into the latest Texas tattoo laws for clients and artists alike. 936, Sec. Added by Acts 1993, 73rd Leg., ch. (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. Is it illegal to tattoo. 516, Sec. 76, Sec. With implants, the skin is prepared with a germicidal skin preparation before an opening is made. 580, Sec. There are sterilization records showing routine sterilization practices. Added by Acts 1993, 73rd Leg., ch. (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. Here's a link that outlines the class of the charge: In states that require or allow for tattoo artist apprenticeships, in accordance with the provisions of this chapter. The practice of tattooing has become quite popular in recent decades. 7, eff. 381.00787 which states the following: "Tattooing prohibited; penalty. Sept. 1, 1999. Can an 18-year-old get a tattoo in Texas? The cookie is used to store the user consent for the cookies in the category "Analytics". 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. Sec. Sec. Unlike in the majority of states, however, this exception is only allowed if the new tattoo will cover an existing one thats considered obscene or offensive and the parent or the legal guardian of the minor believes its in the best interest. Compliance/Disciplinary Actions are taken by regulatory authorities in response to a violation of the law or rules. (c) The department shall inform the person who owns, operates, or maintains a tattoo or body piercing studio of any violation discovered by the department under this section and shall give the person a reasonable period in which to take necessary corrective action. (b) The penalty for a violation may be in an amount not to exceed $5,000. 5, eff. 1 (S.B. (c) If the license holder cannot be located for a notice required under this section, the department shall provide notice by posting a copy of the order on the front door of the premises of the license holder. First and foremost, you must be at least 18 years of age to work as a tattoo artist in New Hampshire. Sec. 5, eff. Class A - $500-$4,000 and/or 1 year in jail; be fined for state jail felonies ($1,500-$10,000 and/or up to 2 years in jail); face automatic suspension or revocation of licenses for up to five . 516, Sec. 580, Sec. September 1, 2021. These cookies track visitors across websites and collect information to provide customized ads. Sept. 1, 1995; Acts 1999, 76th Leg., ch. A person who performs body piercing shall maintain a permanent record of each individual whose body is pierced by the person for a period established by department rule. Municipal court order to attend the act as etching or for tattooing without a . (a) The department may refuse to issue a license or suspend or revoke a license issued under this chapter if an applicant or license holder does not comply with this chapter or a rule adopted or order issued under this chapter. Visit the TABC Violations page for more information about penalty rules, policies, calculations and processes. A person who owns, operates, or maintains a tattoo or body piercing studio and each tattooist or person who performs body piercing who works in the studio or at a temporary location shall take precautions to prevent the spread of infection, including: (1) using germicidal soap to clean the hands of the tattooist or person who performs body piercing and the skin area of the client to be tattooed or pierced; (2) wearing clean apparel and rubber gloves; (3) using sterile tools and equipment as provided by Section 146.011; and. Save my name, email, and website in this browser for the next time I comment. (c) The consent required by Subsections (a) and (b) may be satisfied by the individual's parent or guardian: (1) being physically present at the body piercing studio at the time the body piercing is performed; (2) executing an affidavit stating that the person is the parent or guardian of the individual on whom the body piercing is to be performed; (3) presenting evidence of the person's identity to the person who will perform the body piercing; and. A lawyer can help you under the criminal legal system, as well as possible professional repercussions for having a criminal record. 1226, Sec. The other end of the needle bar is attached to the tattoo machine. Sec. The list of reasons for which people love and appreciate Texas is quite diversified. Sept. 1, 1995; Acts 1999, 76th Leg., ch. April 2, 2015. 580, Sec. A driver's license in the United States (in any state) is a privilege and not a right. Sept. 1, 1999. (s) Repealed by Acts 2015, 84th Leg., R.S., Ch. Its important to open this section by stating that, in case the law related to the minimum age requirement is broken and the artist is aware of it, he or she will face consequences as well. Stat. Analytical cookies are used to understand how visitors interact with the website. Continue with Recommended Cookies. The permanent makeup is generally applied to the eyebrows, eyelids and lips. For starters, anyone under the age of 18 must have parental consent before they can get a tattoo. Furthermore, the tattoo must be placed on an existing one thats considered obscene or offensive and the parent or guardian believes its in the best interest. Common fines for misdemeanor offenses range from about $500 to $1,000 or more. Sept. 1, 1995; Acts 1999, 76th Leg., ch. This means, for example, that if a friend gives you a tattoo at home for free and isn't licensed, your friend has committed a crime even though they never asked for or received any payment from you. The same can be said about studios they also need to be licensed by the state. 936, Sec. No genital warts can be registered for household waste bags for offline use a penalty for tattooing without a license in texas foster care maintenance by the dog is complete all! 3.0448, eff. The consent submitted will only be used for data processing originating from this website. Licensing fees for individual practitioners must be set in an amount less than licensing fees for shops and businesses. ADMINISTRATIVE PENALTY. 936, Sec. Due to constantly changing tattoo laws, some information might be outdated. 580, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. In some jurisdictions, operating a business without a license can be considered fraud, so the parties responsible might be arrested. Sept. 1, 1995; Acts 1999, 76th Leg., ch. An artist may not perform body piercing on a person younger than 18 without the consent of a parent, managing conservator, or guardian and meeting the requirements of 25 Texas Administrative Code, 229.406(d). Criminal penalty violations are Class A misdemeanors. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. The tattooist reports any infection or adverse reaction to the Texas Department of State Health Services. 10, eff. d/b/a Trufant Bros Tattoo, 25 TAC 229.404(f), 25 TAC 229.406(j) and 25 TAC 229.408(a), 25 TAC 229.408(b), 25 TAC 229.408(c), 25 TAC 229.407(d). That makes Texas one of few states that punish clients for trying to circumvent the law. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Tattoos and body art that are offensive, even if DFPS has permanent managing conservatorship. 1, eff. 1226, Sec. 1528, Sec. 1528, Sec. 146.0125. (b) The consent required by Subsection (a-1) may be satisfied by the individual's parent or guardian: (1) being physically present at the tattoo studio at the time the tattooing is performed; (2) executing an affidavit stating that the person is the parent or guardian of the individual on whom the tattooing is to be performed; (3) presenting evidence of the person's identity to the person who will perform the tattooing; and. 1, eff. Incur points on your driving record (could lead to license suspension/revocation) Possibly incur increase on auto insurance rates. And, in some states, tattoo artists can only work out of fixed licensed locations, not pop-up shops or mobile shops. Criminal Penalties for Illegal Tattooing Depending on your state laws or local regulations, tattooing a minor or tattooing without appropriate licensing, registration, or supervision can lead to criminal charges, on top of professional repercussions. Sept. 1, 2003. We require any business in the practice of producing an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels or other related equipment to license with the Department of State Health Services. The fine should be about $200.00 but what troubles me is they wish to obtain her . (q) A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. Amended by Acts 1995, 74th Leg., ch. These cookies will be stored in your browser only with your consent. 4, eff. April 2, 2015. One to fourteen needles are grouped together and attached to the end of a rod called a needle bar. Sept. 1, 1993. Once the tattoo is completed, the tattooist usually applies an antibiotic cream or ointment and covers the area with a sterile bandage. (d) Venue for a suit brought under this section is in the county in which the violation occurred or in Travis County. The penalty for tattooing without a license in Texas is a fine of up to $2,000 and/or 180 days in jail. 219), Sec. 146.008. (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. Alaska. 1, eff. The skin is cut with a scalpel and the layers of skin near the opening are separated to accommodate the implant. In the last decade or so, The Lone Star State has also become a hotspot for tattoo enthusiasts from all over the country. Felony fines can exceed $5,000 or more. If you want to report illegal tattooing in Texas, you can do so by calling the Texas Department of State Health Services at (512) 834-6600. 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. The Drugs and Medical Devices Group is responsible for conducting on-site inspections of tattoo and body piercing studios. Only approved materials can be used for new piercings. Sept. 1, 2003. Sept. 1, 1999. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Different kinds of actions may be taken depending on the severity of the offense, the history of previous violations, efforts made to correct the violation, the harm to the victims, the likelihood of a repeat violation, and other matters related to each particular case. Sept. 1, 1999. You can face fines of up to $200 if it's your first infraction, and more, if you are a repeat offender. 6, eff. Amended by Acts 1995, 74th Leg., ch. The notice shall include the street address of the new location and the name and residence address of the individual in charge of the business at the new location. (g) If the person accepts the determination and recommended penalty of the department, the department by order shall impose the recommended penalty. Sept. 1, 1999. (4) presenting evidence of the person's status as parent or guardian of the individual who will receive the body piercing. 936, Sec. 516, Sec. April 2, 2015. 1528, Sec. But opting out of some of these cookies may affect your browsing experience. Some states allow for both monetary fines and possible jail or prison time, while others do not. Sept. 1, 1999. (b) The refusal to issue a license, the suspension or revocation of a license, and any appeals are governed by the department's formal hearing procedures and the procedures for a contested case hearing under Chapter 2001, Government Code. Tattooing Prohibited; Penalty. Acts 2015, 84th Leg., R.S., Ch. (d) A person younger than 18 years of age commits an offense if the person falsely states that the person is 18 years of age or older or presents any document that indicates that the person is 18 years of age or older to a person engaged in the operation of a body piercing studio. 1, eff. Potential closure of your business if you don't comply with the licensing requirements. TATTOOS PROHIBITED FOR CERTAIN PERSONS. This cookie is set by GDPR Cookie Consent plugin. Added by Acts 1993, 73rd Leg., ch. This also includes studios that perform implants. Sept. 1, 1993. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Additionally, a surcharge of $250 will be added to your annual driver's license fee for each of the next three years. Tattoo artists and body piercers are licensed by the state department of health, tattoo shops require a certificate from the local health department. Interestingly, the legal age for a tattoo does differ in other parts of Europe. d/b/a Cowtown Tattoo Lounge, 25 TAC 229.403(e)(1), 25 TAC 229.406(j) and25 TAC 229.408(b), JH2 Enterprises LLC 516, Sec. Amongst others, the course is designed to teach the workers how to protect themselves and their clients from diseases that can be transmitted through blood. Theres no definite answer since the time needed to get a tattoo license in Texas can vary depending on the county youre applying in. Amended by Acts 1995, 74th Leg., ch. If you violate fish and wildlife laws, you may: be fined for misdemeanors. 580, Sec. 1, eff. Each day a violation continues can . Added by Acts 1993, 73rd Leg., ch. 219), Sec. 1528, Sec. While not all states require someone giving a tattoo to have a license, most of them have training or apprenticeship requirements of some kind. Sept. 1, 1993. Added by Acts 1999, 76th Leg., ch. April 2, 2015. 1226, Sec. 146.0124. 1 (S.B. Sept. 1, 1999. (b) The department shall enforce this chapter and the rules adopted under this chapter and may issue orders to compel compliance. 146.014. Amended by Acts 1999, 76th Leg., ch. Sec. 580, Sec. 219), Sec. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The fact that Texas regulates the tattoo (body art) industry isnt anything that should shock you after all, with the exception of the likes of Maryland, Massachusetts, and Nevada, all states in the US do. Added by Acts 1993, 73rd Leg., ch. (c) Notice under this section must be sent to the department's central office by certified mail, return receipt requested. (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. These actions are taken to protect and promote the health, safety and welfare of the citizens of Texas. This can be done by one of two methods: Before a body piercing is performed, the skin is cleaned with a germicidal soap. All tattoo artists in Texas must complete a Bloodborne Pathogen Training Course before they can receive their license. (o) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. The artist prohibits the tattooing or body piercing of people under the influence of drugs or alcohol. 219), Sec. Sept. 1, 1999. (a-1) A tattooist may tattoo a person younger than 18 years of age if: (1) the tattoo will cover a tattoo that contains: (A) obscene or offensive language or symbols; (B) gang-related names, symbols, or markings; (C) drug-related names, symbols, or pictures; or, (D) other words, symbols, or markings that the person's parent or guardian considers would be in the best interest of the person to cover; and. LICENSE DENIAL, SUSPENSION, OR REVOCATION. 1, eff. The notice may be given by certified mail. Added by Acts 1993, 73rd Leg., ch. d/b/a Glam India Beauty Salon, 25 TAC 229.406(b), 25 TAC 229.406(h), 25 TAC 229.406(j) and 25 TAC 229.408(b), Elias Gleason & Fereidoun Hajivandi The best way to make an electronic signature for a PDF in Chrome tattoo licenseit possible to keep all the tools you need a click away. Texas is an example of what states regulate tattoo facilities. (3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. (a) Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of 18 years of age and shall present at the time of tattooing or body piercing a valid, government issued, positive identification card including, but not limited to, a driver's license, passport, or military identification. An offense under this subsection is a Class B misdemeanor. 1 (S.B. You also have the option to opt-out of these cookies. The information included in the article has been based on official sources, such as the Texas Department of State Health Services. What is the penalty for tattooing without a license in Texas? 1 (S.B. NCSL conducts policy research in areas ranging from agriculture and budget and tax issues to education and health care to immigration and transportation. The artist pierces the skin with a needle. Texas Department of Health State Services (DSHS) Investigators perform inspections of tattoo and body piercing studios on a regular basis by means of routine and compliance inspections and by complaint investigations. The expenses recovered by the commissioner under this section may be used for the administration and enforcement of this chapter. As of now, there are no rules governing the allowed placement of tattoos on minors in Texas, which means that parents and guardians have complete freedom of choice when it comes to this aspect. Sec. NCSL actively tracks more than 1,400 issue areas. 1 (S.B. 1, eff. (b) A person may not perform tongue splitting. (d) Tattooing and body piercing are permitted only at a location that is in compliance with this chapter and rules adopted under this chapter. by the Department, Diane Castillo 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. (3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. 6, eff. These include surgical implant-grade stainless steel (minimum of 316L or 316LVM), solid 14k or 18k gold, niobium, titanium (minimum of 6AL4V), or platinum, which is free of nicks, scratches or irregular surfaces and has been properly sterilized before use. (e) A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government. 146.021. Amended by Acts 1995, 74th Leg., ch. First Time Offense. The tattooist reports any infection or adverse reaction to the Texas Department of State Health Services. (a) A person may not perform body piercing on an individual younger than 18 years of age without the consent of a parent, managing conservator, or guardian of the individual. An offense under this subsection is a Class B misdemeanor. 936, Sec. (2) steam pressure treatment in an autoclave. (6) any other matter that justice may require. (a) If it appears that a person has violated or is violating this chapter or an order issued or a rule adopted under this chapter, the commissioner may request the attorney general or the district attorney, county attorney, or municipal attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for: (2) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation; (3) the assessment and recovery of a civil penalty; or. (B) giving a copy of the affidavit to the department by certified mail. REVOCATION OR SUSPENSION OF LICENSE. (b) The record shall be available for inspection on the request of the department. How to report illegal tattooing in Texas? 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), General Tattoo and Body Piercing Studio Requirements, license with the Department of State Health Services, Guidance Documents - Tattoo and Body Piercing Studios, Contact Information - Tattoo and Body Piercing Studios, Licensing - Tattoo and Body Piercing Studios, Applications and Forms - Tattoo and Body Piercing Studios, Laws and Rules - Tattoo and Body Piercing Studios, Open Records - 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. 13, eff. For example, there is no age restriction in . Sept. 1, 2003. 936, Sec. 1, eff. 2, eff. 1, eff. 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). Sec. 1 (S.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. EMERGENCY ORDERS. The artist prohibits the tattooing or body piercing of minors (unless above mentioned conditions are met). 3.0445, eff. 11, eff. Statutory penalty on past due taxes are calculated as follows: If you are paying the tax 1-30 days late, add a 5% penalty. When you should not get a tattoo? 8, eff. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website.