Tattoo licensing in the USA

There are no known particular law restrictions or requirements on licensing of the tattoo activity, however there are some requirements for the clients. The client who wants to apply such image onto his skin has to be at least 18 years old, so this is connected with ability and right of person to take decision. If the person is younger than 18 years old, he still can apply design onto his skin if he gets consent of his parents to do so. Only in some states such art is totally prohibited. All the rest restrictions come from artists themselves. For example, they can refuse to apply particular images because they consider them to be inappropriate or offensive. Also artist can refuse to apply design to certain parts of body, such as, for example, the intimate parts. Most tattoo artists should have a high school diploma in order to apply for a license, where it is needed.

Let us check what regulations have different states of the USA regarding application of images.

 

For example, in Alabama there is no minimal age specified to get a tattoo, however parents should give consent in written form showing explicitly that they agree for the child to apply image onto his skin. This should be done in presence of the artist, i.e. the provider of the service.

In Alaska the minimal age to apply tattoo is 18 years old, otherwise written consent of parents is mandatory. Even more, parents should be present during the whole procedure.

Arizona does not require any minimum age for tattoo application, however the state also requires parents to be present during the procedure.

Arkansas sets the minimum age of image application to 16 years old and has some stricter rules when it comes to tattooing younger people. Their parents or guardians should give written consent and also be present during whole procedure of image application.

The State of California demands the age of the person for such procedure to be at least 18 and also requires parents or guardians to attend and stay during the procedure of application.

Colorado state requires applicant to be 18 years old and written consent of parents/guardians in case the person is younger. For younger people also the presence of parents is mandatory.

Connecticut does not set any specific age restriction, however it requires the consent of parent or guardian for a child to apply the tattoo design.
in the District of Columbia the minimum age for the procedure is 18 years old and written notice.

Delaware state has some stricter requirements. The person should be at least 18 years old and provide the artist with his written consent for exact procedure, that is duly notarized.

Florida state requires the age of tattoo person to be at least 16. The grown-up should be present on procedure with his parent or guardian. The guardian should be ready to prove his guardianship. Both, parent or guardian, should take photo ID with them and present the artist with notarized consent for the procedure.

Georgia state sets 18 years as the minimal age. No consent from parents or guardians is required if we are not speaking about body piercing.

The state of Hawaii does not have age restrictions, however requires the consent of parent/guardian in written form.

Idaho state has the minimum age limit of 14 for such procedures and demands written consent from guardian or parent and the procedure to be done with their presence.

The state of Illinois sets the minimum age to 18 with required written from guardian or parent when it comes to piercing the body.

Indiana does not have any demands when it comes to the age of the applicant, however the permission in the written form is required from guardian or parent and they should attend the whole procedure.

Iowa has some restrictions - they refuse to tattoo minors, otherwise the restricted age is 18 years old.

In Kansas the applicant should be at least 16 years old and possess the notarized consent from parent or guardian. They should also be present during the procedure.

The state of Kentucky has the minimum age of 16 years old and demands notarized consent from parent or guardian.

In Louisiana the legal age for tattoo application is also 16 years, parents or guardians should be present during tattooing, but this does not apply to body piercing. Consent is as well needed.

The state of Maine requires at least the age of 18 and legal consent form parents or guardians for the piercing of the body.

Maryland state does not specify any particular age, but there should be written consent from parents to be retained for the period of 3 years.

In Massachusetts the age barrier is set to 18, and there are some limitations. For example, the tattoo design cannot have tattoo, scarification or other branding. If a person wants to pierce the area other than genitalia, the parents are required to have ID with photo and also get the document showing explicit consent for the procedure signed.

The state of Michigan has no age requirements but needs written consent from parent or guardian that should be signed within the presence of the artist or employee.

The Minnesota state requires age to be at least 18, except for piercing. The procedure of piercing requires the presence of guardian or parent and written consent.

In Mississippi the legal age for such procedure is 18 and minors are not able to be tattooed. In Missouri doesn’t have a specific age, but needs signed consent of parents for the procedure of tattooing and piercing to be performed.

Montana also doesn’t specify any age but parents should give the consent in person and be present during the procedure.

Nebraska has the same requirements as Montana.

The state of Nevada does not set any explicit restrictions for tattoo application, but they can be set by health organizations.

New Hampshire requires the age to be 18 and consent of parents.

In New Jersey and New Mexico there is no minimum age but the permission of parents is required.

New York sets the age to 18 and prohibits minors from being tattooed.

North Carolina also has the minimum age of 18 and requires consent from parents.

In North Dakota and Ohio they do not require any specific age, but parents or guardians should give written permission for any such procedure and be present during them.

Oklahoma  and Oregon require applicant to be 18 years old. Oklahoma does not allow minors to be tattooed even if there is a consent for that from parents.

In Oregon the parents ID and consent is needed for piercing only.

Also Oregon requires tattoo shop to be licensed by a certain organization, named Oregon Health Licensing Office. It sets specific regulations and rules for tattoo application. If Tattoo shop performs application of design without such license permission, it is known as felony offence.

Pennsylvania does not have any age restrictions, but requires parents to be present and give the consent in written form.

In Rhode Island and South Carolina the age is restricted to  18 years and minors are not allowed to be tattooed. For other grownups the written consent from parents/guardians is needed.

South Dakota doesn’t have any age restriction, but a special form should be filled in by parents or guardians.

In the Tennessee and Texas states  the applicant should be at least 18 years old. Texas requires affidavit and presence of parents during the whole procedure.

Utah, Vermont and Virginia have no age restrictions. In Utah and Virginia parents should be present during the entire procedure.

Washington and Wyoming restrict age to 18 without any additional demands. West Virginia and Wyoming do not restrict age, but require consent from the parents side. In Washington you will need to get a proper license. Usually such license is valid for 1 year only and tattoo artists/shops will have to re-apply for it.

 

References

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* Rules and Regulations for the Registration of Tattoo Artists and Tattoo Parlors (R23-1-TAT). 2007.

* Blood Borne Pathogens, Occupational Safety and Health Administration (OSHA), 29 Code of Federal Regulations Part 1910--1000 to end, section 1910.1030, pp. 316--326, July 1, 1994 and subsequent amendments thereto.

* History and Epidemiology of Tattoos and Piercings. Legislation in the United States.

* Laumann AE, Derick AJ (2006) Tattoos and body piercings in the United States: a national data set. J Am Acad Dermatol 55:413–421

* Jessica L.C. Sapp (2016). Evaluation of Tattoo Artists' Perceptions of Tattoo Regulations in the United States.

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