State Of Virginia§ 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.
Virginia Code
Title 15.2. Counties, Cities and Towns.
CHAPTER 9. GENERAL POWERS OF LOCAL GOVERNMENTS.
ARTICLE 1. Public Health and Safety; Nuisances.
15.2-912. Regulation of tattoo parlors and body-piercing salons; definition;
exception. --
A. Any locality may by ordinance regulate the sanitary condition of the
personnel, equipment and premises of tattoo parlors and body-piercing salons
and specify procedures for enforcement of compliance with the disease control
and disclosure requirements of §§ 18.2-371.3.
B. For the purposes of this section:
"Body-piercing salon" means any place in which a fee is charged for the act of
penetrating the skin to make a hole, mark, or scar, generally permanent in
nature. "Body piercing" does not include the use of a mechanized, presterilized
ear-piercing system that penetrates the outer perimeter or lobe of the ear or
both.
"Tattoo parlor" means any place in which is offered or practiced the placing
of designs, letters, scrolls, figures, symbols or any other marks upon or under
the skin of any person with ink or any other substance, resulting in the
permanent coloration of the skin, including permanent make-up or permanent
jewelry, by the aid of needles or any other instrument designed to touch or
puncture the skin.
C. This section shall not apply to medical doctors, veterinarians, registered
nurses or any other medical services personnel licensed pursuant to Title 54.1
in performance of their professional duties.
D. Localities requiring regulation of tattoo parlors and piercing salons by
ordinance shall include in such ordinance authorization for unannounced
inspections by appropriate personnel of the locality.
(1983, c. 429, §§ 15.1-28.3; 1997, c. 587; 2000, c. 842; 2001, c. 270.)
Virginia Code
Title 18.2. Crimes and Offenses Generally.
CHAPTER 8. CRIMES INVOLVING MORALS AND DECENCY.
ARTICLE 4. Family Offenses; Crimes Against Children, etc.
18.2-371.3.
Tattooing or body piercing of minors. --
No person shall tattoo or perform body piercing on 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.
In addition, no person shall tattoo or perform body piercing on any client
unless he complies with the Centers for Disease Control and Prevention's
guidelines for "Universal Blood and Body Fluid Precautions" and provides the
client with the following disclosure:
1. Tattooing and body piercing are invasive procedures in which the skin is
penetrated by a foreign object.
2. If proper sterilization and antiseptic procedures are not followed by
tattoo artists and body piercers, there is a risk of transmission of
bloodborne pathogens and other infections, including, but not limited to, human
immunodeficiency viruses and hepatitis B or C viruses.
3. Tattooing and body piercing may cause allergic reactions in persons
sensitive to dyes or the metals used in ornamentation.
4. Tattooing and body piercing may involve discomfort or pain for which
appropriate anesthesia cannot be legally made available by the person performing
the tattoo or body piercing unless such person holds the appropriate license
from a Virginia health regulatory board.
A person who violates this section is guilty of a Class 2 misdemeanor. Any
second or subsequent violation of this section shall be punished as a Class 1
misdemeanor. For the purposes of this section:
"Body-piercing" means the act of penetrating the skin to make a hole, mark, or
scar, generally permanent in nature. "Body piercing" does not include the use of
a mechanized, presterilized ear-piercing system that penetrates the outer
perimeter or lobe of the ear or both.
"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, including permanent make-up
or permanent jewelry, by the aid of needles or any other instrument designed to
touch or puncture the skin.
(1997, c. 586; 2000, c. 842; 2001, c. 270.)
SENATE JOINT RESOLUTION NO. 375 Offered January 10, 2001 Prefiled
January 10, 2001
Requesting the Department of Health to study the
appropriate level of regulation for tattoo artists and body piercing
technicians. ---------- Patron-- Edwards ----------
Referred to Committee on Rules ----------
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 bloodborne 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 tattooist
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.
