Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 50 - TATTOOING REGULATIONS › Part VIII - Standards of Practice › Section 18VAC41-50-410 - Client qualifications, disclosures, and records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
				  permitted in § 18.2-371.3 of the Code of Virginia, a client must be a
				  minimum of 18 years of age and shall present at the time of the tattooing or
				  permanent cosmetic tattooing a valid, government issued, positive
				  identification card including 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
				  tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer
				  shall verify and document in the permanent client record the client's age, date
				  of birth, and the type of identification provided.
C. No person may be tattooed or permanent
				  cosmetic tattooed who appears to be under the influence of alcohol or
				  drugs.
D. Tattooing or permanent
				  cosmetic tattooing shall not be performed on any skin surface that manifests
				  any evidence of unhealthy conditions, such as rashes, boils, infections,
				  abrasions, or on any asymmetrical, irregular, blurred, or multicolored
				  mole.
E. Before receiving a tattoo
				  or permanent cosmetic tattoo, each client and client's parent or guardian, if
				  applicable, shall be informed verbally and in writing, using the client
				  disclosure form prescribed by the board, about the possible risk and dangers
				  associated with the application of each tattoo. Signatures of both the client
				  and the tattooer shall be required on the client disclosure form to acknowledge
				  receipt of both the verbal and written disclosures.
F. The tattoo parlor or temporary location or
				  permanent cosmetic tattoo salon shall maintain proper records for each client.
				  The information shall be permanently recorded and made available for
				  examination by the Department of Professional and Occupation Regulation or
				  authorized agent. Records shall be maintained at the tattoo parlor or permanent
				  cosmetic tattoo salon for at least two years following the date of the last
				  entry. The temporary location client records shall be maintained by the license
				  holder. The permanent records shall include the following:
1. The name, address, and telephone number of
				  the client;
2. The date tattooing
				  or permanent cosmetic tattooing was performed;
3. The client's age, date of birth, and a
				  copy of the positive identification provided to the tattooer, permanent
				  cosmetic tattooer, or master permanent cosmetic tattooer;
4. The specific color or colors of the tattoo
				  or permanent cosmetic tattoo and, when available, the manufacturer's catalogue
				  or identification number of each color used;
5. The location on the body where the
				  tattooing or permanent cosmetic tattooing was performed;
6. The name of the tattooer, permanent
				  cosmetic tattooer, or master permanent cosmetic tattooer;
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 and if
				  applicable parent or guardian.