Tattoo Laws - United States - Minnesota

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State of Minnesota

Health Occupations Program

Tattoo Information

Tattooing Information and Guidelines
for Tattooists and Consumers

IN MINNESOTA

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• Tattooists and tattoo parlors are not regulated by State government in Minnesota.
• Tattooists may be regulated by city or county agencies. Please check with your city or county agency to determine whether they have regulations to license tattooists or tattoo parlors.
• However, since of August 1, 1996, Minnesota Law does require the following regarding the tattooing of minors.

Minnesota Statute §609.2246, Sec. 25. [TATTOOS; MINORS.]
Subdivision 1. [Requirements.] No person under the age of 18 may receive a tattoo unless the person provides written parental consent to the tattoo. The consent must include both the custodial and noncustodial parents, where applicable.
Subdivision 2. [Definition.] For the purposes of this section, "tattoo" means an indelible mark or figure fixed on the body by insertion of pigment under the skin or by production of scars.
Subdivision 3. [Penalty.] A person who provides a tattoo to a minor in violation of this section is guilty of a misdemeanor.

• Local law enforcement should be contacted regarding alleged violations of this law.

This brochure contains information and/or suggestions from several sources, including the National Tattoo Association and the National Institute of Environmental Health Sciences. Some information was also compiled from the regulations used by other states (see Additional Resources section).

Some things you should expect from a tattooist might be:

• Uses aseptic techniques
• Keeps permanent individual records
• Uses sterile tools and equipment
• Has a suitable physical environment

Aseptic Techniques
A tattooist should take precautions to prevent the spread of infection, including:

• use germicidal soap to clean the hands of the tattooist and the skin area of the client to be tattooed;
• dry hands with single use paper towels or some sort of mechanical (air) dryer;
• artists with communicable diseases may not tattoo;
• food, drink, and smoking are not allowed in the work area;
• wear clean apparel and rubber gloves;
• use sterile tools and equipment;
• all clean and ready-to-use instruments, dyes should be kept in a closed container or storage cabinet while not in use;
• only disposable needles should be used in the tattooing process, and a new needle or set of needles should be used on each patron;
• autoclaving should be used for sterilization of the needle bar tube and needle bar of the tattoo machine before use on each patron. The needle bar tube of the tattooing machine should be cleaned after each use and before being sterilized for use with the next patron;
• all sharps, including the needles after removal from the needle bar, should be stored and disposed of in containers that are rigid, puncture-resistant, and leak-proof when in an upright position;
• blood and body fluid precautions should be practiced by the tattoo artist when the potential for contact with body and blody fluids exists in any procedure;
• keep the tattoo studio in a sanitary condition.

Some records you might expect your tattooist to maintain:

• A tattooist should maintain a permanent record of each person tattooed for a minimum of two years, including;
• name, address, phone number, date of birth, and their signature;
• signed consent forms required;
• parental consent forms required for minors;
• verbal instructions for wound care required.

Tools and Equipment

• A tattooist should use tools and equipment for tattooing that have been properly sterilized and kept in a sterile condition.
• A tattooist should sterilize tools and equipment used on one client before using them on another client;
• the use of defective, dull, or rusty equipment is banned;
• Tools and equipment should be sterilized by:
• dry heating in an oven at 320 degrees Fahrenheit for at least one hour; or
• steam pressure treatment in an autoclave;
• All needles and instruments shall be kept in a clean, dust-tight containers when not in use.

The physical environment of a tattoo parlor: Construction

• Each tattoo establishment should have at least one tattooing room. This room should be separate and apart from all other areas in the establishment, and access to this room should be restricted. Patrons should be tattooed only in the tattooing room, and there should be a separate work station for each patron within the tattooing room. Furniture and furnishings within the tattooing room should be constructed to be easily cleanable, maintained in good repair, and kept clean.
• At least one lavatory with mixing faucets supplied with hot and cold running water under pressure should be provided for every five artists for hand washing and utensil washing.
• Lavatories should be accessible to the tattooing room such that tattoo artists can wash their hands and return to the tattoo room without having to touch anything with their hands. Access to these lavatories should be restricted to the tattoo artists.
• Each lavatory should be cleanable, in good repair, and kept free of storage.
• Poisons, including germicidal solutions, used in the tattoo establishment should be stored in covered containers with labels identifying the contents.

Some things you should not expect a tattooist to do:

• tattoo a person younger than 18 years of age without written and notarized consent from a parent or guardian;
• tattoo a person younger than 18 years of age without written and notarized consent from a parent or guardian who determines it to be in the best interest to cover a tattoo which contains:
• obscene or offensive language or symbols;
• gang-related names, symbols, or markings; or
• other words, symbols or markings that the court considers would be in the best interest of the minor to cover;
• may not tattoo in exchange for sex;
• tattoo a person whom the tattooist suspects is under the influence of alcohol or drugs;
• tattoo a person with visible jaundice (yellowing of the eyes or skin);
• tattoo a skin surface that has a rash, pimples, boils, infections, or manifests any evidence of being reddened or inflamed.

TATTOO REMOVAL: DO NOT ATTEMPT TO REMOVE A TATTOO YOURSELF!

Always consult your physician, surgeon and/or dermatologist.

There are several methods available for tattoo removal. Successful removal may depend on a variety of factors; such as, type of ink, depth of ink, intensity of color, and the age of the tattoo. Some of the methods we found described are as follows:

Dermabrasion:
This method uses a rapidly rotating, diamond tipped, skin sanding instrument to remove the tattoo pigment under the skin. This method will always result in a scar.

Surgical Excision:
This method involves cutting the tattooed portion of the flesh away, and in some cases, requires a skin graft from another part of the body. This method will always result in a scar.

Tissue Expansion:
This method involves placing a balloon under the flesh, inflating the balloon, and allowing the skin to stretch slowly. The tattoo is then cut out and the skin closed. This will always result in a linear scar. Other complications can occur.

Laser Techniques
There are several types of laser techniques available. The type of laser used depends on the size and location of the tattoo, the type and/or color of the tattoo pigment. Some laser type descriptions:

Carbon Dioxide (CO2) Laser:
Uses infrared light beam to vaporize the skin and remove tattoo pigment. The resulting wound and scarring are similar to the dermabrasion technique.

Q-Switched (Rapid Pulsed) Nd-YAT Laser:
Explodes or fragments pigment particles under the skin for the body's immune system to remove. This method is said to be superior in the removal of red ink. Results vary, with some sources indicating that the treatment produces virtually no scar; and others indicating that it may generate a textural change in the skin, and has been known to cause tissue splattering and bleeding. This treatment requires multiple treatment sessions and treatment is more costly.

Q-Switched Ruby Laser:
This method removes green and black inks very well. As above, some sources indicate little or no scar; while others indicate potential for breaking of the skin, frank bleeding or tissue splatter.

Alexandrite Laser:
This method is similar in principle to Q-Switched lasers; particularly for removal of dark black, blue or green colors.

Additional Resources:

City of St. Paul Licensing
651-266-9090

City of Minneapolis Licensing
Each tattooist must be licensed
612-673-2080

 

Information contained in this brochure is compiled for information purposes only. The MDH has not developed a position statement regarding tattooing regulations.




For further information, please contact the Minnesota Department of Health's Health Policy & Systems Compliance Division, Health Occupations Program at 651-282-6366, or by e-mail at hop@health.state.mn.us.


For questions about this page, please contact our Health Policy & Systems Compliance Division: hpsc@health.state.mn.us
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