This is a call for government regulation and Professional Licensing for Tattooing (including permanent makeup) and Piercing in the state of Maryland. Currently, anyone can tattoo or pierce without a license or certification in the state of Maryland and without regulation from the Department of Health. I am a Tattoo Artist, Permanent Makeup Technician, and Tattoo Studio owner in the State of Maryland and I feel this is a major issue that needs to be addressed. Without proper training and adherence to and knowledge of infection and disease control, there is always the risk of spreading disease and infections, as well as Hepatitis, HIV-Aids, and MRSA.
I believe in having regulations that is unified throughout the state. Tattooing and Piercing can be a public health issue if not done by Professionals who are adhering to OSHA standards, and the Maryland Department of Health should be enforcing these standards. Studio's that do not upkeep these health standards should have penalties. If we create standards for industry professionals to work within, certify them to that standard, and inspect that the standard is being met, it provides a safe environment for the public and the practitioner.
Tattoo shops should:
-Maintain voluntary upholding of OSHA standards.
-A minimum age limit of 18 years old to receive and to administer a tattoo.
-OSHA certified Bloodborne Pathogen training and certification.
-Scaled licensure based on experience; apprentice, artist, instructor and a separate facility license with appropriate fees.
-Temporary licenses for visiting artists.
-Penalties and consequences for not meeting the standard and repeated offenses.
-Maryland State Board of Cosmetology should have 3 verifiable professionals in the Tattooing field on their board to represent this industry.
This would not change the day to day running of any REPUTABLE studio in Maryland. These regulations would ensure that the standards are the same across the state for both the customers and the artists who tattoo them.
This is for the safety, health and well-being of clients and professional artists who have the right to work in safe, clean, and uncontaminated environments.
To the Maryland state Board of Cosmetology and the Departments of Health;
Currently there are no laws and regulation by the Department of Health or the State Board of Cosmetology for the trade of Tattooing (including Permanent Make-up) and Body Piercing in the State of Maryland. This poses a serious public health risk and a lack of important health standards to protect workers and clients alike. Without proper training and adherence to and knowledge of infection and disease control, there is always the risk of spreading disease and infections, as well as Hepatitis, HIV-Aids, and MRSA. As a Maryland state resident, Professional Tattoo Artist, and Tattoo Studio owner, I feel it is time for the State of Maryland to step up in involving itself in regulating the Tattooing and Piercing industry as it's fellow States already have.
What we need is professional licensing and Health Department regulations to make sure studios, artists, and piercers, are following OSHA standard guidelines. Hair salons and dog groomers must follow guidelines, certifications, and licensing, then why not the Tattoo and Body Piercing Industry?
Below are basic regulations that most U.S. states have already implemented. I hope you choose to remedy this oversight and fashion your rules and regulations similar to the ones you read below. Thank you.
PUBLIC HEALTH: GENERAL PROVISIONS (from the State of Florida)
381.00775 Tattoo artists; licensure; registration of guest tattoo artists.—
(1) Except as provided in s. 381.00773, a person may not tattoo the body of any human being in this state unless the person is licensed as a tattoo artist or registered as a guest tattoo artist under this section.
(2)(a) A person seeking licensure as a tattoo artist must apply to the department in the format prescribed by the department. An application must include:
1. The name and residence address of the applicant.
2. The name and street address of each tattoo establishment and temporary establishment at which the applicant intends to practice tattooing in this state.
(b) The department shall issue a license to an applicant who:
1. Is 18 years of age or older.
2. Submits a completed application.
3. Pays the applicable license fee established in s. 381.00781.
4. Submits proof of successful completion of an education course approved by the department on blood-borne pathogens and communicable diseases.
5. Submits proof of passage of an examination approved by the department on the material presented in the education course.
(c) The department shall approve one or more education courses and examinations that allows a person to complete the requirements of subparagraphs (b)4. and 5. in person or through an Internet website.
(d) A tattoo artist must, within 30 days after a change, notify the department of any change in the following information disclosed in his or her most recent application for issuance or renewal of his or her tattoo artist license in the format prescribed by the department:
1. The name and residence address of the tattoo artist.
2. The name and street address of each tattoo establishment in this state at which the tattoo artist has practiced tattooing for more than 14 days since the most recent renewal of his or her tattoo artist license or, if the license has not been renewed, since the license was issued.
(3)(a) A person seeking registration as a guest tattoo artist must apply to the department in the format prescribed by the department. An application must include:
1. The name and residence address of the applicant.
2. The name and street address of each tattoo establishment and temporary establishment at which the applicant will practice under the guest tattoo artist registration.
(b) The department shall issue a guest tattoo artist registration to an applicant who:
1. Is 18 years of age or older.
2. Submits a completed application.
3. Pays the applicable registration fee established in s. 381.00781.
4. Holds an active license, registration, or certification issued by a jurisdiction outside this state, whether by another state, the District of Columbia, any possession or territory of the United States, or any foreign jurisdiction, if:
a. The education and examination requirements of the license, registration, or certification substantially meet or exceed the requirements of subparagraphs (2)(b)4. and 5.; or
b. The applicant submits proof of successful completion of an education course approved by the department under subparagraph (2)(b)4. and proof of passage of an examination approved by the department under subparagraph (2)(b)5.
(4)(a) A tattoo artist license is valid for 1 year and must be renewed annually.
(b) A guest tattoo artist registration is valid for 14 days. A guest tattoo artist may apply for reregistration before or after expiration of his or her current registration.
(5) A license or registration issued by the department under this section is not transferable.
381.00777 Tattoo establishments; licensure; temporary establishments.—
(1)(a) Except as provided in s. 381.00773, a person may not tattoo the body of any human being in this state except at a tattoo establishment or temporary establishment licensed under this section.
(b) A person may not operate a tattoo establishment or temporary establishment in this state unless the establishment is licensed under this section.
(2) A person seeking licensure of a tattoo establishment must apply to the department in the format prescribed by the department. An application must include:
(a) The registered business name, including any fictitious names under which the tattoo establishment conducts business in the state.
(b) The street address and telephone number of the tattoo establishment.
(c) The name, mailing address, and telephone number of the tattoo establishment’s operator.
(d) The name and address of the tattoo establishment’s registered agent for service of process in the state.
(3) The department shall issue a tattoo establishment license to an applicant, if:
(a) The applicant submits a completed application.
(b) The applicant pays the applicable license fee established in s. 381.00781.
(c) The establishment complies with all applicable local building, occupational, zoning, and health codes.
(4) A temporary establishment must meet the same requirements for licensure as a permanent tattoo establishment.
(5)(a) A license is valid only for the location listed on the license. A tattoo establishment must notify the department in the format prescribed by the department before any change of the licensed location. A tattoo establishment with more than one location must obtain a separate license for each location.
(b) A tattoo establishment license is valid for 1 year and must be renewed annually.
(c) A temporary establishment license is valid for the duration of a convention or other similar event for which the license is issued not to exceed 14 consecutive days.
(6) A license issued by the department under this section is not transferable.
381.00779 Practice requirements.—
(1) A tattoo establishment or temporary establishment must:
(a) Display an active license for the establishment in a manner that is easily visible to the public at all times while tattooing is performed at the establishment.
(b) Ensure that each tattoo artist and guest tattoo artist, while practicing tattooing at the establishment, meets all applicable requirements of ss. 381.00771-381.00791.
(c) Maintain sanitary conditions of the establishment at all times.
(d) Comply with all state and local health codes and ordinances.
(e) Allow the department to inspect the establishment pursuant to subsection (4).
(f) Comply with s. 381.0098 and rules adopted under that section.
(2) A tattoo artist or guest tattoo artist must:
(a) Display his or her active license in a manner that is easily visible to the public at all times while practicing tattooing.
(b) Practice tattooing exclusively at an establishment licensed under ss. 381.00771-381.00791.
(c) Maintain sanitary conditions of the establishment at all times.
(d) Comply with all state and local health codes and ordinances.
(3) A tattoo artist or guest tattoo artist may tattoo the body of a minor child only to the extent authorized in s. 381.00787. A tattoo establishment or temporary establishment must keep, for the period prescribed by the department, each written notarized consent submitted under s.381.00787(2)(c) by the parent or legal guardian of a minor child who is tattooed at the establishment.
(4) The department may inspect and investigate each tattoo establishment and temporary establishment as necessary to ensure compliance with ss. 381.00771-381.00791. However, the department shall inspect each tattoo establishment at least annually and shall inspect each temporary establishment before and, as necessary, during a convention or similar event with which the establishment is connected.
Fees; disposition.—The department shall establish by rule the following fees:
(1) For the initial licensure of a tattoo establishment and the renewal of such license, a fee not to exceed $250 per year.
(2) For licensure of a temporary establishment, a fee not to exceed $250.
(3) For the initial licensure of a tattoo artist and the renewal of such license, a fee not to exceed $150 per year.
(4) For registration or reregistration of a guest tattoo artist, a fee not to exceed $45.
(5) For reactivation of an inactive tattoo establishment license or tattoo artist license. A license becomes inactive if it is not renewed before the expiration of the current license.
Grounds for discipline; administrative penalties.—
(1) The following acts constitute grounds for which disciplinary action specified in subsection (2) may be taken by the department against any tattoo establishment, temporary establishment, tattoo artist, guest tattoo artist, operator of a tattoo establishment, or unlicensed person engaged in activities regulated under ss. 381.00771-381.00791:
(a) Providing false information on an application for licensure or registration.
(b) Violating a state or local health code or ordinance.
(c) Violating any provision of ss. 381.00771-381.00791, rule adopted under those sections, or lawful order of the department.
(d) Being found guilty of or pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of tattooing or the operation of a tattoo establishment or temporary establishment.
(e) Committing fraud, deceit, negligence, or misconduct in the practice of tattooing or the operation of a tattoo establishment or temporary establishment.
(f) Aiding, procuring, or assisting a person to unlawfully practice tattooing or unlawfully operate a tattoo establishment or temporary establishment.
(g) Failing to keep the written notarized consent of the parent or legal guardian of a minor child who is tattooed at a tattoo establishment or temporary establishment for the period specified pursuant to s. 381.00779(3) or knowingly making false entries in a parent’s or legal guardian’s written notarized consent.
(2) When the department determines that a person commits any of the acts set forth in subsection (1), the department may enter an order imposing one or more of the following penalties:
(a) Refusal to issue a license or registration or renew a license.
(b) Suspension or revocation of a license or registration.
(c) Imposition of an administrative fine not to exceed $1,500 for each count or separate violation.
(d) Issuance of a reprimand.
(e) Placement of the licensee or registrant on probation for a specified period and subject to the conditions that the department may specify.
(f) Issuance of a stop-use order.
(g) Corrective action.
(3) The department shall impose stricter penalties for the repetition of violations and as the severity of violations escalate, distinguishing lesser violations from those that endanger the public health.
(4) Disciplinary proceedings shall be conducted as provided in chapter 120.
