State Of FloridaThe 2000 Florida Statutes
877.04 Tattooing prohibited; penalty.
(1) It is unlawful for any person to tattoo the body of
any human being; except that tattooing may be performed by a
person licensed to practice medicine or dentistry under chapters
458 and 459 or chapter 466, or by a person under his or her
general supervision as defined by the Board of Medicine.
(2) Any person who violates the provisions of this
section shall be guilty of a misdemeanor of the second degree,
punishable as provided in s.
775.082
or s.
775.083.
(3) No body of a minor shall be tattooed without the
written notarized consent of the parent or legal guardian.
History.--ss. 1, 2, ch. 59-439; s. 1, ch. 69-118; s. 1148,
ch. 71-136; s. 1, ch. 77-174; s. 124, ch. 92-149; s. 23, ch.
93-260; s. 1426, ch. 97-102.
Florida statutes make it unlawful for anyone to tattoo the
body of a human being unless the tattooist is licensed to practice medicine or
dentistry or is operating under the general supervision of such a licensed
person as defined by the Board of Medicine (Fla. Stat. Ann. § 877.04). The
statute goes on to make violation of this provision a second degree misdemeanor,
and it prohibits tattooing a minor without the written notarized consent of the
parent or legal guardian. Finally, the statute requires the Department of
Professional Regulation to recommend to the 1993 Florida Legislature the
appropriate level of regulation for persons practicing tattooing. We have
obtained a copy of this report and will share it with you if you wish, but we
have been told by Ron Watson, legislative specialist with the Department of
Business and Professional Regulation, that the legislature chose to make no
changes in Florida's law subsequent to receiving the report.
The Board of Medicine's regulations define the term
"general supervision" to mean the supervision of a tattooist by a
physician, osteopath, or dentist which does not require the physical presence of
the supervisor when procedures are performed, but which does require:
1. a semi-annual review and inspection by the
supervisor of the tattooist's techniques, procedures, and equipment;
2. quarterly training by the supervisor of the
tattooist in infection control, sterilization, and emergency procedures;
and
3. development by the supervisor and the tattooist
jointly of written procedures regarding the medical condition for
individuals to receive tattoos, treatment of routine minor problems
resulting during the tattooing, and detailed procedures to be followed
during the performance of or as a result of tattooing.
These written procedures must be maintained in a readily
available location on the tattooing premises and the supervisor must keep a
copy. These written procedures must be readily available for inspection and
review by the Department of Professional Regulation, the Board of Medicine, the
Board of Osteopathic Examiners, and the Board of Dentistry (Fla. Admin. Code §
21 M-29.002).
