PDA

View Full Version : Legal ? About tattoos


brachotelohai
Sep 10, 2012, 08:15 AM
I read somewhere that it's illegal to have a tattoo artist go to a person's home to give them a tattoo. Illegal, not the mention unsanitory. Does anyone know if this is true? If there are children in the home during the "tattooing", is that something that can result in CPS being involved if called? I'm asking because my stepson's mother has on multiple occasions had a friend of her husband go to their trailer and give them tattoos, twice while my stepson was there for her visitation, and once when he was with us, but her two other children were in the home.

Curlyben
Sep 10, 2012, 08:17 AM
Where did you read this as it clearly would vary by location ?

brachotelohai
Sep 10, 2012, 08:18 AM
Sorry meant to put my location is VA.

brachotelohai
Sep 10, 2012, 08:18 AM
I'm not sure where I read it, but I did also contact a tattoo parlor and asked them if they could legally do that and they said no.

Curlyben
Sep 10, 2012, 08:20 AM
It may well be part of the licensing conditions that they operate from a specified location/premises, but that doesn't mean it's actually illegal.

brachotelohai
Sep 10, 2012, 08:37 AM
I looked this up on VA laws government website:

18VAC41-50-390. Physical facilities.

A. A parlor or salon must be in a permanent building or portion of a building, which must be in a location permissible under local zoning codes, if any. If applicable, the parlor or salon shall be separated from any living quarters by complete floor to ceiling partitioning and shall contain no access to living quarters.

B. The parlor, salon or temporary location shall be maintained in a clean and orderly manner.

C. All facilities shall have a blood spill clean-up kit in the work area.

D. Work surfaces shall be cleaned with an EPA registered, hospital grade disinfectant. Surfaces that come in contact with blood or other body fluids shall be immediately disinfected with an EPA registered germicide solution. Appropriate personal protective equipment shall be worn during cleaning and disinfecting procedures.

E. Cabinets for the storage of instruments, dyes, pigments, single-use articles, carbon stencils and other utensils shall be provided for each operator and shall be maintained in a sanitary manner.

F. Bulk single-use articles shall be commercially packaged and handled in such a way as to protect them from contamination.

G. All materials applied to the human skin shall be from single-use articles or transferred from bulk containers to single-use containers and shall be disposed of after each use.

H. The walls, ceilings, and floors shall be kept in good repair. The tattooing area shall be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New parlors shall not include any dark-colored surfaces in the tattooing area. Existing parlors or salons with dark-colored surfaces in the tattooing area shall replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business.

I. Parlors, salons or temporary locations shall have adequate lighting of at least 50-foot candles of illumination in the tattooing and sterilization areas.

J. Adequate mechanical ventilation shall be provided in the parlor.

K. Each parlor, salon or temporary location shall be equipped with hand-cleaning facilities for its personnel with unobstructed access to the tattooing area such that the tattooer can return to the area without having to touch anything with his hands. Hand-cleaning facilities shall be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities shall be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities shall be kept clean and in good repair. All facilities must have running water and soap accessible for cleaning of hands contaminated by body fluids.

L. Animals are not permitted in the parlor, salon, or temporary location except for guide or service animals accompanying persons with disabilities, or nonmammalian animals in enclosed glass containers such as fish aquariums, which shall be outside of the tattooing or sterilization areas. No animals are allowed in the tattooing or sterilization areas.

M. Use of tobacco products and consumption of alcoholic beverages shall be prohibited in the tattooing or sterilization areas.

N. No food or drink will be stored or consumed in the tattooing or sterilization areas except for client's use in order to sustain optimal physical condition; such food and drink must be individually packaged.

O. If tattooing is performed where cosmetology services are provided, it shall be performed in an area that is separate and enclosed.

P. All steam sterilizers shall be biological spore tested at least monthly.

Q. Biological spore tests shall be verified through an independent laboratory.

R. Biological spore test records shall be retained for a period of three years and made available upon request.

S. Steam sterilizers shall be used only for instruments used by the parlor's employees.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006.

AK lawyer
Sep 10, 2012, 08:40 AM
... If there are children in the home during the "tattooing", is that something that can result in CPS being involved if called? ...

Why would it? Do you imagine that witnessing or being near the procedure somehow endangers the children? Please explain.

brachotelohai
Sep 10, 2012, 08:45 AM
Tattoo artist's have regulations they have to follow because of the risk of bloodborn diseases and yes, they're having friends over and having tattoo parties with people, who knows if they are "safe", and I know for a fact that their living space is all combined (aka kitchen, dining room, living room all in one area) and I don't want my stepson being infected with something because they aren't being sanitary. So, yes I'm concerned.

excon
Sep 10, 2012, 08:51 AM
Hello b:

It would seem to me that a licensed professional tattoo artist cannot CHARGE for services conducted OFF site. But, if he's doing it for FREE, it's probably not illegal at all...

Frankly, if you went to family court and complained about this, they'd laugh at you...

excon

Fr_Chuck
Sep 10, 2012, 10:15 PM
Yes, at least locally here, happens all the time, and kids are welcome to come and watch dad get his tattoo. There were several kids around the last time I got one.

There is nothing about this, that will get the person getting the tattoo in trouble. The tattoo artist may get into trouble, No this is nothing that can slightly effect custody.

If someone is looking at this, they are being very petty about the child custody. And need to get a life.

brachotelohai
Sep 11, 2012, 09:16 AM
I was only wondering for personal reasons, because I care about my stepson, and I would never subject any of my kids to that, and both my husband and I are not happy about the fact that his mother has had her friends over in their home and had my stepson there when doing tattoos. We already have custody of him, so it's not something that we are trying to use against her to gain custody.