(1) A tattoo artist shall ensure that a customer record is completed for each customer. The record shall, at a minimum, include the following:

Terms Used In Florida Regulations 64E-28.009

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
    (a) Name of tattoo artist.
    (b) Customer’s name, age, and birthdate.
    (c) Description and location of tattoo on the customer’s body.
    (d) Signature of the customer.
    (e) Signature of the artist.
    (f) Date(s) tattooing procedure is performed.
    (2) Pursuant to Florida Statutes § 381.00787, a tattoo artist shall not tattoo the body of a minor less than sixteen (16) years of age.
    (3) If tattooing a minor who is sixteen (16) or seventeen (17) years of age, a tattoo artist shall:
    (a) Inspect copies of a government-issued photo identification for both the minor and for the parent or legal guardian of the minor. If the photo identification for the minor does not show a birth date, a copy of the minor’s birth certificate shall be provided.
    (b) Obtain a signed and notarized consent by the minor’s parent or legal guardian on form DH 4146 , 7/12, Written Notarized Consent For Tattooing of a Minor Child, Age 16 through 17 Years Old, which is incorporated herein by reference and which can be obtained from the environmental health section of the county health department, which has jurisdiction for the tattooing program in the county where the tattoo artist lives or the tattoo establishment is physically located, or from the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-01528, or http://www.myfloridaeh.com/community/Tattoo/index.html.
    (c) Complete the requirements of subsection (1).
    (4) Prior to or after performing a tattoo procedure on a customer, a tattoo artist shall provide information on aftercare to the customer, both verbally and in writing.
    (5) Prior to setup for a tattoo procedure, a tattoo artist shall:
    (a) Ensure that the skin area where a tattoo is to be applied is visibly healthy.
    (b) Wash their hands thoroughly using liquid soap, rinse them, and dry them using single-use paper towels.
    (6) Prior to performing a tattoo procedure, a tattoo artist shall cleanse the area of the skin where the tattoo will be placed using a using a clean, single-use paper towel or pad and a solution labeled as an antiseptic. The antiseptic solution shall be used in accordance with the manufacturer’s instructions.
    (7) If hair is to be removed from the area to be tattooed, either a single-use razor shall be used, or clippers which are capable of being disinfected. If hair removal is done after cleansing, the area shall be re-cleansed as specified in subsection (6), above.
    (8) While performing a tattoo procedure, a tattoo artist shall:
    (a) Use aseptic techniques, including barrier covers on instruments and equipment that may come into contact with the tattoo artist or the customer during the tattoo procedure. Should an artist choose to not use a barrier cover on the tattoo machine, they must disinfect the machine upon completion of the tattoo procedure.
    (b) Use only sterile needle bars, sterile needle tubes, and single-use, sterile needles.
    (c) Wear new, disposable examination gloves, which shall be discarded after the completion of each single tattooing session.
    1. Should the gloves become torn, punctured, or otherwise contaminated outside the general scope of tattooing, or should the gloves come in contact with any object or surface other than the customer’s skin or items being used in the procedure, the gloves shall be removed and discarded and the tattoo artist shall thoroughly wash their hands or apply an alcohol-based hand sanitizer and re-glove before resuming the tattoo session.
    2. In the event a tattoo artist must leave the tattooing area, the gloves shall be removed and discarded. The artist shall thoroughly wash their hands or apply an alcohol-based hand sanitizer and re-glove before resuming the tattoo session.
    (d) Discard any sterile, single-use items that become contaminated and replace them with sterile items before resuming the procedure.
    (e) Use a stencil that is single-use and clean. The product used to apply the stencil shall be packaged as a single dose or dispensed from a product container as a single customer dose.
    (f) Any item used for freehand artistry on the customer shall be single-use and discarded after use unless an antiseptic is applied to the skin after marking the skin.
    (g) Use inks, dyes, and pigments which are intended for tattooing.
    1. Inks shall be used in accordance with the manufacturer’s instructions.
    2. Individual portions of inks, dyes, or pigments shall be dispensed into clean single-use cups for each customer.
    (9) Any item which an artist adds to a tattoo machine to stabilize the needle shall be either single-use or a reusable item that has been disinfected.
    (10) Upon completion of a tattooing procedure, a tattoo artist shall:
    (a) Remove any excess ink from the customer’s skin with a single-use clean paper towel or pad.
    (b) Use a clean glove, single-use paper towel, or single-use pad to apply a moisturizing ointment or lotion that is packaged as a single dose or is dispensed from a product container as a single customer dose.
    (c) If needed, cover the tattooed area with a clean nonstick bandage.
    (d) Remove and discard any barriers used to cover instruments and equipment and disinfect both the tattoo machine and the work area with a tuberculocidal disinfectant registered with the USEPA.
    (e) Remove any reusable instruments from the tattooing area in preparation for cleaning, rinsing, drying, and sterilization.
    (f) Discard any unused ink, dye, or pigment.
    (g) Thoroughly wash and rinse hands and dry them with clean single-use paper towels.
Rulemaking Authority 381.00787, 381.00789 FS. Law Implemented Florida Statutes § 381.00779. History-New 9-5-12.