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Tattooing in Florida, Current Requirements
January 3, 2012
Sections 381.0071-381.00791, Florida Statutes (F.S.), The Practice of
Tattooing became effective January 1, 2012. These statutes require licensure
of tattoo artists and tattoo establishments, and also set forth educational
requirements and standards of practice for conventional and cosmetic tattoo
artists, and operational requirements for tattoo establishments.
In order
to implement the new law,
Chapter 64E-28, Florida Administrative Code (F.A.C.), The Practice of Tattooing is
currently undergoing the rulemaking process, which will provide the details to
implement the statutory requirements for tattoo establishments and tattoo
artists. Until this rule is implemented, the licensure process cannot go
forward. When the rule is approved, all tattoo artists and tattoo
establishments will have 6 months to comply with the rule requirements from the
effective date of the rule.
We expect
the rule making process (which includes public hearings) to be completed
sometime in March, 2012. It is recommended that tattoo establishment owners and
operators as well as tattoo artists review the requirements of both the statute
sections and the rule chapter to ensure compliance with requirements for both
artists and establishments, once the rule becomes effective.
Once the
rule is adopted, licensure of the tattoo establishment requires submission of a
completed Application for Tattoo Establishment License (which is not yet
available), with the required $200.00 fee to the Lee County Health Department.
Tattoo establishments will be inspected by the same county health department
staff who administers the biomedical waste and body piercing programs. An
inspection with a passing result is required prior to issuance of a tattoo
establishment license. A biomedical waste generator permit is also required for
conventional and cosmetic tattoo businesses.
Licensure
of the tattoo artist requires submission of a completed Application for Tattoo
Artist License, (also not yet available), with the required $60.00 fee; a copy
of a government-issued photo identification confirming the applicant is at least
18 years of age; and documentation of completing a Florida Department of
Health approved,
industry-specific bloodborne pathogens and communicable diseases course with a
minimum examination score of 70%. Several educational courses have been
submitted to the department and currently are under review. The department has
not yet issued any course approvals. Approved courses will be posted on the DOH
website as approvals are issued. Tattoo artists will have 6 months from the
effective date of the rule to come into compliance with the tattoo artist
licensure requirement.
As of
January 1, 2012, the conditions required by section 877.04, F.S. that require
any person who tattoos or applies permanent make-up in Florida to either be
licensed as, or work under the "general supervision" of a Medical Doctor, a
Doctor of Osteopathy, a Doctor of Dental Surgery, or a Doctor of Medical
Dentistry will no longer be required due to implementation of sections
381.0071-381.00791, F.S.
In
addition to the previously stated tattoo licensure requirements, you should
contact your city and county to find out if you will need a business tax receipt
for your business.
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