§ 4105. License requirements

(a) Initial registration.

(1) A person who intends to engage in the practice of tattooing, permanent cosmetics, or body piercing in this State shall register with the Office of Professional Regulation and shall pay the required fee.

(2) Registration shall be in the form required by the Director and shall include such information as the Director may require concerning the location of the registrant’s practice, the registrant’s qualification, and the nature of the services offered.

(b) Tattooists and body piercers.

(1)(A) As a prerequisite to licensure, a tattooist or body piercer applicant shall provide proof of an apprenticeship of at least 1,000 hours of experience obtained within two calendar years working under the direct supervision of a body piercer or tattooist licensed and in good standing with this State or the state in which he or she is regulated, and who has been in practice a minimum of three years.

(B) Proof may be in the form of a sworn affidavit from the supervising tattooist or body piercer, including information as the Director may reasonably require on forms provided by the Director.

(2) Apprenticeships shall include successful completion of a three-hour course in universal precautions and infectious diseases.

(3) Apprentices shall contact the Office for the appropriate forms prior to beginning the apprenticeship.

(4) As used in this subsection, “good standing” shall mean that the tattooist or body piercer supervisor holds a current, unrestricted license in this State or an unrestricted authorization to practice tattooing or body piercing in another state. A tattooist or body piercer who holds a restricted license or restricted authorization to practice may petition the Director for permission to be a tattooist or body piercer supervisor, which may be granted by the Director for good cause shown.

(c) Permanent cosmetologists.

(1)(A) As a prerequisite to licensure for the practice of permanent cosmetics, an applicant shall provide proof of a course of approved study lasting at least 60 hours.

(B)(i) In addition, the applicant shall obtain at least 40 hours of practical experience, within two calendar years preceding the application, working under the direct supervision of a tattooist or permanent cosmetologist licensed and in good standing with this State or the state in which he or she is regulated, and who has been in practice a minimum of three years.

(ii) Proof may be in the form of a sworn affidavit from the supervising permanent cosmetologist or tattooist, including information as the Director may reasonably require on forms provided by the Director.

(2) Training shall include successful completion of a three-hour course in universal precautions and infectious diseases.

(3) Prior to training and obtaining practical experience, applicants shall contact the Office and submit the appropriate forms.

(4) As used in this subsection, “in good standing” shall mean that the permanent cosmetologist or tattooist supervisor holds a current, unrestricted license in this State or an unrestricted authorization to practice permanent cosmetics or tattooing in another state. A permanent cosmetologist or tattooist who holds a restricted license or restricted authorization to practice may petition the Director for permission to be a supervisor, which the Director may grant for good cause shown.

(d) Shops. A shop shall not operate in this State without first registering with the Office of Professional Regulation and paying a fee of $100.00. Registration shall be in the form required by the Director.

(1) A shop shall not be granted registration unless the shop complies with this chapter and rules adopted under this chapter.

(2) All shops shall designate a person who is licensed under this chapter in the practice of tattooing or body piercing, who shall be responsible for overall cleanliness and sanitation of the shop.

(3) The practice of tattooing or body piercing shall be permitted only in registered shops.

(4) The practice of permanent cosmetics may be performed anywhere the practice of tattooing is permitted, on the premises of a health care professional licensed pursuant to this title, or on premises meeting the sanitation requirements of this chapter as determined by the Director or as set forth by rule.

(5) Notwithstanding the provisions of this subsection, a cosmetology shop licensed under chapter 6 of this title may provide permanent cosmetics services by a person licensed under this chapter without obtaining a second shop license for the same premises.

(e) [Repealed.] (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1999, No. 52, § 40; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2003, No. 60, § 21; 2005, No. 27, § 100; 2005, No. 148 (Adj. Sess.), § 43; 2007, No. 29, § 63; 2007, No. 163 (Adj. Sess.), §§ 36, 45; 2013, No. 138 (Adj. Sess.), § 45; 2017, No. 48, § 29; 2021, No. 69, § 7.)