§ 43.1-23. Client qualifications, disclosures, and records.

(a)

Except as permitted in Code of Virginia, § 18.2-371.3, a client must be a minimum of eighteen (18) years of age and shall present at the time of tattooing a valid, government-issued, positive identification card including, but not limited to, a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

(b)

The tattooer shall verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

(c)

No person may be tattooed who appears to be under the influence of alcohol or drugs.

(d)

Tattooing shall not be performed on any skin surface which manifests any evidence of unhealthy conditions such as rashes, boils, infections, or abrasions.

(e)

Before receiving a tattoo, each client and client's parent or guardian, if applicable, shall be informed verbally and in writing, using the client disclosure form prescribed by the State Board for Barbers and Cosmetology, about the possible risk and dangers associated with the application of each tattoo. Signatures of both the client and the tattooer shall be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures.

(f)

The establishment shall maintain proper records for each client. The information shall be permanently recorded and made available for examination by the director. Records shall be maintained at the establishment for at least two (2) years following the date of the last entry. The permanent records shall include the following:

(1)

The name, address, and telephone number of the client;

(2)

The date tattooing was performed;

(3)

The client's age, date of birth, and a copy of the positive identification provided to the tattooer;

(4)

The specific color or colors of the tattoo and, when available, the manufacturer's catalogue or identification number of each color used;

(5)

The location on the body where the tattooing was performed;

(6)

The name of the tattooer;

(7)

A statement that the client has received a copy of applicable written care instructions, and that the client has read and understands the instructions; and

(8)

The signature of the client, and if applicable, the parent or guardian.

(Ord. No. 42,406, § 2, 9-19-06)

(Ord. No. 42,406, § 2, 9-19-06)