South Dakota State Law

South Dakota State Law:

9-34-17. Tattooing and body piercing. Any municipality may regulate the practice of tattooing and body piercing by licensing tattoo artists and practitioners of body piercing, inspecting tattoo and body piercing establishments, and establishing standards for sanitation that are at least as stringent as those adopted by the Department of Health pursuant to § 34-1-17. The term "tattoo" means to make permanent marks or designs on the skin by puncturing it and inserting indelible colors. The term "body piercing" means to place a permanent or temporary foreign object in a person's body such as ears, nose, lips, genitals, nipples, or parts thereof for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by § 36-4-11.

26-10-19. Tattooing minor without parental consent as misdemeanor. No minor may be tattooed unless the minor's parents have signed a consent form authorizing the tattoo. Any person who tattoos a minor without parental consent is guilty of a Class 2 misdemeanor. The term "tattoo" means to make permanent marks or designs on the skin by puncturing it and inserting indelible colors.

34-1-17. Orders, rules and licensing for protection of public health -- Matters covered. The Department of Health may adopt and enforce, subject to chapter 1-26, orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the following matters:

(1) The manufacture into articles of commerce, other than food, of diseased, tainted, or decayed animal or vegetable matter;

(2) The location of cemeteries and the removal and burial of the dead;

(3) The management of lying-in houses and boarding places for infants, and the treatment of infants therein;

(4) The construction and equipment, in respect to sanitary conditions, of schools, hospitals, prisons, and other public institutions;

(5) The treatment in hospitals and elsewhere of persons suffering from communicable diseases, the disinfection and quarantine of persons and places in case of such disease, and the reporting of sickness and deaths therefrom;

(6) The distribution of biological products to be used for the prevention and treatment of communicable diseases;

(7) The diagnosis, control, and treatment of tuberculosis; and

(8) The minimum sanitation requirements for tattooing and body piercing as defined in § 9-34-17, including premises, equipment, methods of operation, and freedom from communicable disease.