18.2-371.3 - Tattooing or body piercing of minors. - Virginia Statutes

§ 18.2-371.3. Tattooing or body piercing of minors.

No person shall tattoo or perform body piercing for hire or consideration ona person less than eighteen years of age, knowing or having reason to believesuch person is less than eighteen years of age except (i) in the presence ofthe person's parent or guardian, or (ii) when done by or under thesupervision of a medical doctor, registered nurse or other medical servicespersonnel licensed pursuant to Title 54.1 in the performance of their duties.

In addition, no person shall tattoo or perform body piercing on any clientunless he complies with the Centers for Disease Control and Prevention'sguidelines for "Universal Blood and Body Fluid Precautions" and providesthe client with the following disclosure:

1. Tattooing and body piercing are invasive procedures in which the skin ispenetrated by a foreign object.

2. If proper sterilization and antiseptic procedures are not followed bytattoo artists and body piercers, there is a risk of transmission ofbloodborne 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 personssensitive to dyes or the metals used in ornamentation.

4. Tattooing and body piercing may involve discomfort or pain for whichappropriate anesthesia cannot be legally made available by the personperforming the tattoo or body piercing unless such person holds theappropriate license from a Virginia health regulatory board.

A person who violates this section is guilty of 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 includethe use of a mechanized, presterilized ear-piercing system that penetratesthe outer perimeter or lobe of the ear or both.

"Tattoo" means to place any design, letter, scroll, figure, symbol or anyother mark upon or under the skin of any person with ink or any othersubstance resulting in the permanent coloration of the skin, includingpermanent make-up or permanent jewelry, by the aid of needles or any otherinstrument designed to touch or puncture the skin.

(1997, c. 586; 2000, c. 842; 2001, c. 270; 2006, c. 692.)