§ 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.

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 blood borne 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 tattoist 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.

NEW 2007 LAWS
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http://www.dpor.virginia.gov/dporweb/tat_regs.pdf