Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule outlines the age requirements of a
patron and the necessity of a parental release for patrons under the age of
eighteen (18) years of age. The rule also requires the establishment owner to
keep on file photocopies of parental release forms and photocopies of picture
identification.
(1) A
practitioner shall not tattoo, body pierce or brand any person without first
obtaining the following information in writing from the patron immediately
preceding each procedure performed by the practitioner:
(A) Name, address, telephone number and date
of birth of the patron;
(B)
Driver's license number or official picture identification number of the
patron. If the patron is under the age of eighteen (18) years, the practitioner
shall obtain the driver's license number or official picture identification of
the minor's parent or legal guardian;
(C) Signature of the patron or signature of
the patron's parent or legal guardian if the patron is under the age of
eighteen (18) years;
(D) A
medical/health information form, to be completed by the patron that shall
include but not be limited to information pertaining to the following:
1. Use of any medications containing
controlled substances;
2.
Communicable diseases, including Human Immunodeficiency Virus (HIV), Hepatitis
B Virus (HBV) and/or other blood borne pathogens;
3. Allergies;
4. Diseases affecting the patron's healing
processes, including diabetes;
5.
Current use of illegal substances (i.e., is the patron currently under the
influence of illegal substances?);
6. Current use of alcohol (i.e., is the
patron currently under the influence of alcoholic beverages?);
7. Jaundice within the twelve (12) months
prior to the procedure;
8. Use of
any medications that contain blood thinners; and
9. Use of any medications that are
immunocompromising (i.e., weakens the immune system that fights
infections);
(E) A
properly authorized consent form signed by the patron acknowledging that he or
she has been informed in person and in writing, pursuant to section (2) of this
rule, of the dangers and contraindications of the procedure, and that the
patron agrees to the procedure in light of the foregoing. The informed consent
form shall be retained on file in the tattoo, body piercing and/or branding
establishment;
(F) The signature of
the practitioner attesting that the practitioner has reviewed the completed
form(s), has advised the patron in person and in writing of the dangers and
contraindications of the procedure, and the date of the review.
(2) A practitioner shall not
tattoo, body pierce or brand any person until he or she has informed the
patron, in person and in writing, of the following:
(A) The dangers of the procedure to a person
who may suffer from certain diseases and/or undergoing certain medical
treatments as follows:
1. Impaired kidney
and/or liver function;
2.
Diabetes;
3. Jaundice within the
twelve (12)-month period prior to the procedure;
4. Medication therapy containing a blood
thinner; and
5. Medication
therapies that are immunocompromising (i.e., weakens the immune system that
fights infections).
(B)
That the tattoo body piercing and/or branding should be considered permanent,
and can only be removed or repaired with a surgical procedure that may leave
permanent scarring and disfigurement.
(3) A practitioner may decline to provide
service for any lawful reason.
(4)
A tattoo, body piercing or branding establishment shall post a sign in a
conspicuous place in the establishment stating that no person under the age of
eighteen (18) shall be tattooed, body pierced or branded. No practitioner shall
knowingly tattoo, brand or perform body piercing on a minor unless he or she
obtains the written informed consent of the minor's parent or legal guardian.
The minor's parent or legal guardian shall execute the written consent form
required pursuant to this subsection in the presence of the practitioner
performing the tattooing, branding or body piercing on the minor, or in the
presence of an employee or agent of the practitioner.
(5) The practitioner shall verify through
proper picture identification that the patron requesting the tattoo, body
pierce or brand is at least eighteen (18) years of age.
(6) A practitioner shall not tattoo, body
pierce or brand any person who:
(A) Appears
to be under the influence of alcohol or drugs; or
(B) Has evident skin lesions or skin
infections in the area of the procedure.
(7) Each practitioner shall maintain a record
for each patron for a minimum of two (2) years following the completion of the
procedure. A patron's record shall include at a minimum all the information
required in sections (1) and (2), as well as the name, license number and
signature of the practitioner performing the procedure. The practitioner also
shall note any adverse effects or difficulties arising from the
procedure.
*Original authority: 324.522, RSMo 1998, amended 1999,
2001.
