Regulating Tattoo and Body Piercing Shops: Health and Safety

Introduction: The State of Tattoo Regulation in the U.S.

In the United States, only eleven states have regulations and laws governing tattoo and body piercing licenses and training, while South Carolina and Oklahoma have banned tattooing outright. Regulations help promote professionalism and discourage "scratchers" — untrained or unlicensed practitioners. This is particularly important when considering disease transmission, including HIV and Hepatitis B (Westbrook, 2003).

States that have regulations promote not only professionalism but can also guarantee to consumers that when they enter a tattoo or body piercing parlor they will receive professional, safe service. Clients can be assured that if a facility is not safe, clean, or adequately lit, they are supported by their state and that the parlor in question would be shut down. More importantly, they will know that a licensed tattoo artist has completed proper training and an apprenticeship, and that all equipment and procedures used in tattooing and body piercing are single-use, safe, and not hazardous to their health.

Cultural and Ethical Dimensions of Tattooing

Many consider tattoos an expression of freedom of speech and personal rights, since it is their body. However, there are a variety of factors to consider when deciding to tattoo someone's name or adopt a tribal design. If you have not gained permission to use someone's name, you may assume there is nothing wrong with that. As one commentator notes, "those who have had this happen to them have noted a profound sense of loss, that part of their identity or soul was stolen from them. In one particular case, a man surprised his girlfriend with a tattoo of her name on him, and with it began the start of a stalking relationship that terrified her for years in an obsessive and possessive situation involving domestic abuse" (DeLio, 2003).

Culturally, adopting a crest or symbol that is significant to a particular culture goes far beyond simply wanting an attractive design. "Beyond the images themselves, some tattoos, like the Maori moko, are considered sacred and limited only to those who are allowed to wear them. For the Maori, a foreigner who wears a moko without understanding its significance, or receiving the proper blessings, is nothing short of cultural robbery" (DeLio, 2003).

Regulations and laws governing tattoo and body piercing may not be able to regulate designs or require permission for the use of names, but anything performed on the body involving needles and a clinical setting — such as plastic surgery or dentistry — is already governed and regulated for health reasons. It stands to reason that body piercing and tattooing should be treated the same way.

Bibliography

DeLio, M. The Dark Side of Tattooing. www.faqs.org/faqs/bodyart/tattoo-faq/part8/section-11.html. Investigates some of the harmful cases of tattooing, including sex crimes and body disfigurement. Regulation and proper licensing measures would allow law enforcement to take action against these crimes and help lower their occurrence.

Westbrook, B. U.S. Laws Regulating Tattooing. www.faqs.org/faqs/bodyart/tattoo-faq/part8/section-12.html. Article outlines the states that have laws regulating tattooing and tattoo licensing, as well as laws in Florida that make it a unique state. The eleven states that have regulations on tattoo parlors have guidelines that would benefit other states to incorporate into their own laws.

EU Research Investigates Health Risks of Tattoos and Body Piercing. Pamphlet/newsletter, 18 July 2003. Online copy available at: www.health.fgov.be/WHI3/krant/krantarch2003/kranttekstjuly3/030718r05eu.htm

Papameletiou, D., Zenie, A., Schwela, D., and Bümler, W. Risks and Health Effects from Tattoos, Body Piercing and Related Practices. European Commission Report, Institute for Health and Consumer Protection, 5 May 2003. Online copy available at: http://europa.eu.int/comm/consumers/cons_safe/news/eis_tattoo_risk_052003_en.pdf