Added by Acts 1999, 76th Leg., ch. 580, Sec. Its worth pointing out that in the case of a minor falsely representing themselves as an adult in order to get a tattoo, he or she will be committing a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of $2,000. April 2, 2015. Fla. Stat. Sec. State laws can be strict in this area. Sept. 1, 1999. Added by Acts 1999, 76th Leg., ch. In this chapter: (1) "Body piercing" means the creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration. Sept. 1, 1999. 13, eff. Sec. Sec. 381.00785 Criminal penalties.. Denos su opinin sobre sus experiencias con las instalaciones, el personal, la comunicacin y los servicios del DSHS. The permanent makeup is generally applied to the eyebrows, eyelids and lips. The artists and studios are pretty much inseparable since performing procedures from any other location except for a licensed one are strictly prohibited by law. 3.1639(52), eff. Sept. 1, 1993. (c) A person younger than 18 years of age commits an offense if the person falsely states that the person is 18 years of age or older or presents any document that indicates that the person is 18 years of age or older to a person engaged in the operation of a tattoo studio. The law provides that any person who violates these provisions faces a fine of up to $100, imprisonment of up to 90 days, or both (CGS 19a-92a (e)) Sept. 1, 1993. 3.0447, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1993. Best Answer Copy Tattooing a minor without parental consent is a class B misdemeanor in Texas, so the criminal punishment would not exceed a 180-day jail term and/or a $2000 fine. Here's a link that outlines the class of the charge: Its important to open this section by stating that, in case the law related to the minimum age requirement is broken and the artist is aware of it, he or she will face consequences as well. Sec. Added by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Most of these crimes carry misdemeanor penalties, punishable by fines and possible jail time. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed. Criminal penalty violations are Class A Misdemeanors. (q) A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. 936, Sec. Also ear piercings can be performed on a minor as an exception without a parental consent. (s) Repealed by Acts 2015, 84th Leg., R.S., Ch. For example, the surfaces need to be sanitized before each procedure, needles must be disposed of properly, and so on. (c) The department shall inform the person who owns, operates, or maintains a tattoo or body piercing studio of any violation discovered by the department under this section and shall give the person a reasonable period in which to take necessary corrective action. These include surgical implant-grade stainless steel (minimum of 316L or 316LVM), solid 14k or 18k gold, niobium, titanium (minimum of 6AL4V), or platinum, which is free of nicks, scratches or irregular surfaces and has been properly sterilized before use. Is it illegal to tattoo. 146.007. The cookies is used to store the user consent for the cookies in the category "Necessary". Provide feedback on your experience with DSHS facilities, staff, communication, and services. Potential suspension of your business until you become compliant. 1, eff. If you have no experience as a tattoo artist, youll need to take the online course as well as a two-day hands-on tattoo removal training which costs a total of $1,995. Municipal court order to attend the act as etching or for tattooing without a . This cookie is set by GDPR Cookie Consent plugin. Sept. 1, 1993. (b) The department may suspend for not more than 60 days or revoke an original or renewal tattoo studio or body piercing studio license if it is found, after notice and hearing, that any of the following is true: (1) the license holder has been finally convicted of a violation of this chapter; (2) the license holder violated a provision of this chapter or a rule adopted under this chapter; (3) the license holder made a false or misleading statement in connection with the original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the department; (4) the license holder is indebted to the state for fees or payment of penalties imposed by this chapter or by a rule adopted under this chapter; (5) the license holder knowingly misrepresented to a customer or the public any tattoo or body piercing jewelry sold by the license holder; or. (b) A civil penalty may not exceed $5,000 a day for each violation. (1) A person may not tattoo the body of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466." Sec. (b) An offense under this section is a Class A misdemeanor. Added by Acts 1993, 73rd Leg., ch. An offense under this subsection is a Class B misdemeanor. 8, eff. CHANGE OF LOCATION. All tattoo artists in Texas must complete a Bloodborne Pathogen Training Course before they can receive their license. (b) The department shall enforce this chapter and the rules adopted under this chapter and may issue orders to compel compliance. (a) For purposes of this section, "tongue splitting" means cutting a human tongue into two or more parts. (b) The consent must indicate the part of the person's body that may be pierced. Save my name, email, and website in this browser for the next time I comment. 516, Sec. Without reference to the amendment of this section by Acts 1999 . 1 (S.B. A temporary tattooing or body piercing location license is valid for a specified period not to exceed seven days. Texas Administrative Code (TAC), Title 25. As of now, there are no rules governing the allowed placement of tattoos on minors in Texas, which means that parents and guardians have complete freedom of choice when it comes to this aspect. . Center for Health Emergency Preparedness & Response, Texas Comprehensive Cancer Control Program, Cancer Resources for Health Professionals, Resources for Cancer Patients, Caregivers and Families, Food Manufacturers, Wholesalers, and Warehouses, Emergency Medical Services (EMS) Licensure, National Electronic Disease Surveillance System (NEDSS), Health Care Information Collection (THCIC), Chapter 146: Tattoo and Certain Body Piercing Studios, Chapter 431: Texas Food, Drug, and Cosmetic Act, 229.261: Assessment of Administrative or Civil Penalties, 229.401413: Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios, Part 1910.1030: Bloodborne Pathogens: Occupational Safety and Health Standards, Open Records - Tattoo and Body Piercing Studios, Contact Information - Tattoo and Body Piercing Studios, Licensing Requirements - Tattoo and Body Piercing Studios, Guidance Documents - Tattoo and Body Piercing Studios, Licensing - Tattoo and Body Piercing Studios, Applications and Forms - Tattoo and Body Piercing Studios, Frequently Asked Questions about Getting a Tattoo or Body Piercing, How to File a Complaint - Tattoo and Body Piercing Studios, Compliance Actions - Tattoo and Body Piercing Studios. 8, eff. Class A - $500-$4,000 and/or 1 year in jail; be fined for state jail felonies ($1,500-$10,000 and/or up to 2 years in jail); face automatic suspension or revocation of licenses for up to five . Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. ADMINISTRATIVE PENALTY. 146.003. The needles stick out only a few millimeters from the end of the tube, so they don't go deep into the skin. If you want to report illegal tattooing in Texas, you can do so by calling the Texas Department of State Health Services at (512) 834-6600. 1 (S.B. Sec. Sept. 1, 1999. (a) If it appears that a person has violated or is violating this chapter or an order issued or a rule adopted under this chapter, the commissioner may request the attorney general or the district attorney, county attorney, or municipal attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for: (2) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation; (3) the assessment and recovery of a civil penalty; or. 516, Sec. Added by Acts 1993, 73rd Leg., ch. The maximum penalty is: $71,875.00 for a first offence $100,625.00 or 6 months in prison for a second offence $143,750.00 or 18 months in prison for a third or later offence. 219), Sec. April 2, 2015. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. The license fees are as follows: (1) $450 per tattoo only studio or temporary location license for a specified length of time not to exceed seven days; (2) $600 for a tattoo and body piercing studio or temporary location license for a specified length of time not to exceed seven days, (allocated $450 for the tattoo 3.0449, eff. April 2, 2015. 1226, Sec. Continue with Recommended Cookies. 10, eff. Added by Acts 1993, 73rd Leg., ch. 1, eff. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 936, Sec. We require any business in the practice of producing an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels or other related equipment to license with the Department of State Health Services. 219), Sec. Sec. 2011 Florida Statutes. It shall be unlawful for any person to practice body piercing, branding, or tattooing without a license. The size of the fine depends on the kind of activity you engaged in and the laws of your state. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 580, Sec. Tattooing Prohibited; Penalty. 2, eff. 219), Sec. 146.0042. Tattoo artists and body piercers are licensed by the state department of health, tattoo shops require a certificate from the local health department. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Some people love the state for its great climate and others for its friendly and down-to-earth residents. There are sterilization records showing routine sterilization practices. The fact that Texas regulates the tattoo (body art) industry isnt anything that should shock you after all, with the exception of the likes of Maryland, Massachusetts, and Nevada, all states in the US do. Texas tattoo laws are pretty standard, but there are still certain regulations in place that artists and customers need to follow. (b) A person who owns, operates, or maintains a tattoo or body piercing studio shall allow inspection of the studio by the department at any time the studio is in operation. Acts 2015, 84th Leg., R.S., Ch. 1528, Sec. Acts 2015, 84th Leg., R.S., Ch. Criminal penalty violations are Class A misdemeanors. You also have the option to opt-out of these cookies. Amongst others, the process includes but is not limited to completing a bloodborne pathogens training course. Many states require that individual tattoo artists be licensed, as well as tattoo business establishments. 1 (S.B. 146.013. Acts 2015, 84th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (b) The record shall be available for inspection on the request of the department. The tattooist reports any infection or adverse reaction to the Texas Department of State Health Services. 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