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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER VMINIMUM STANDARDS FOR LICENSURE OF TATTOO AND CERTAIN BODY PIERCING STUDIOS
RULE §229.406Client Qualifications, Disclosure, and Records

(a) Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of 18 years of age and shall present at the time of tattooing or body piercing a valid, government issued, positive identification card including, but not limited to, a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

(b) The artist shall verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

(c) An artist may not tattoo a person younger than 18 years of age except as permitted in subsection (d) of this section.

(d) With the consent of a minor's parent or guardian, who determines it to be in the best interest of the minor child to cover an existing tattoo, a person under the age of 18 may be tattooed under the following conditions:

  (1) The existing tattoo must contain:

    (A) obscene or offensive language or symbols;

    (B) gang-related names, symbols, or markings;

    (C) drug-related names, symbols, or pictures; or

    (D) some other type of words, symbols or markings that the parent, guardian, or a court considers would be in the best interest of the minor to cover.

  (2) The consent required by subsection (d) can be satisfied by the minor's parent or guardian:

    (A) being physically present at the time the tattooing is being performed;

    (B) executing an affidavit stating that the person is the parent or guardian of the individual on whom the tattooing is being performed;

    (C) presenting evidence of the minor's identity to the artist;

    (D) presenting evidence of the status as parent or guardian of the individual who will receive the tattoo to the artist;

    (E) supplying the studio with a written detailed description or photograph of the tattoo to be covered to be kept with the studio's permanent records; and

    (F) the full name, address, and telephone number of the parent or guardian.

(e) An artist may not perform body piercing on a person younger than 18 years of age without the consent of a parent or guardian of the individual. The consent can be satisfied by:

  (1) completion of client and parental approval records that include the following information: a written and notarized consent by the individual's parent, managing conservator, or guardian which shall contain:

    (A) the full name, address, and telephone number of the client;

    (B) the full name, address, and telephone number of the parent, managing conservator, or guardian;

    (C) the location on the body that may be pierced; and

    (D) the signatures of the minor and parent, managing conservator, or guardian; and

  (2) the individual's parent, managing conservator, or guardian being physically present at the time the body piercing is being performed; and

    (A) executing an affidavit stating that the person is the parent, managing conservator, or guardian of the individual on whom the body piercing is being performed;

    (B) presenting evidence of the minor's identity to the artist; and;

    (C) presenting evidence of the status as parent, managing conservator, or guardian of the individual who will receive the body piercing to the artist.

(f) No person may be tattooed or body pierced who appears to be under the influence of alcohol or drugs.

(g) Tattooing and body piercing shall not be performed on any skin surface which manifests any evidence of unhealthy conditions such as rashes, boils, infections, or abrasions.

(h) Before receiving a tattoo, each client (and if applicable, the parent, managing conservator, or guardian) shall be informed verbally and in writing about the possible risk and dangers associated with the application of each tattoo. These shall include, but are not limited to, at least the following: the possibility of discomfort or pain; the permanence of the markings; the risk of infection; and the possibility of allergic reaction to the pigments or other materials used.

(i) Before receiving a body piercing, each client (and if applicable, the parent, managing conservator, or guardian) shall be informed verbally and in writing about the possible risks and dangers associated with receiving a body piercing. These shall include, but are not limited to, at least the following: the possibility of discomfort or pain; the possibility of scarring; the possibility of bleeding; the possibility of swelling; the risk of infection; the possibility of nerve damage; and the increased risk for adolescents during certain stages of development.

(j) The studio or temporary location shall maintain proper records of each client. The information shall be permanently recorded and made available for examination by the authorized agent. Records shall be maintained at the studio for at least two years following the date of the last entry. The temporary location client records shall be maintained by the license holder. These permanent records shall include the following:

  (1) the name, address, and telephone number of the client;

  (2) the date tattooing or body piercing was performed;

  (3) the client's age, date of birth, and type of positive identification provided to the artist (this information is to be recorded by the artist as described in subsection (b) of this section);

  (4) the specific color or colors of the tattoo or type of jewelry used for the piercing and, when available, the manufacturer's catalogue or identification number of each color or type of jewelry used;

  (5) the location on the body where the tattoo or body piercing was performed;

  (6) the name of the artist;

  (7) a statement that the client has received a copy of applicable written care instructions, and that the client has read and understands the instructions; and

  (8) the signature of the client.

(k) A person who is required to maintain records under this section or a person who is in charge or custody of those records shall, at the request of an authorized agent or health care authority, permit the authorized agent or the health authority at all reasonable times access to and copying of the records for verification.

(l) 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 or body piercing studio. An offense under this subsection is a Class B misdemeanor.


Source Note: The provisions of this §229.406 adopted to be effective April 23, 2000, 25 TexReg 3272; amended to be effective January 1, 2005, 29 TexReg 11982

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