Article 2. Restrictions On The Performance Of Body Art of California Health And Safety Code >> Division 104. >> Part 15. >> Chapter 7. >> Article 2.
(a) Pursuant to Section 653 of the Penal Code, a client
shall be at least 18 years of age to be offered or to receive a
tattoo or permanent cosmetics application, regardless of parental
consent.
(b) Pursuant to Section 652 of the Penal Code, persons under 18
years of age shall not be offered or receive a body piercing unless
the piercing is performed in the presence of his or her parent or
guardian.
(c) A client shall be at least 18 years of age to be offered or to
receive a branding, regardless of parental consent.
(d) The piercing or application of permanent cosmetics to the
nipples or genitals of a minor is prohibited. The application of
permanent cosmetics to the nipples of a minor is authorized when
applied by a registered permanent cosmetic technician with the
consent of the minor's parent or guardian and as directed by a
physician.
(e) A body art facility may refuse to perform body piercing on a
minor, regardless of parental or guardian consent.
(a) Prior to the performance of body art, the client shall
read, complete, and sign an informed consent form that shall include,
but not be limited to, all of the following information:
(1) A description of the procedure.
(2) A description of what the client should expect following the
procedure, including suggested care and any medical complications
that may occur as a result of the procedure.
(3) A statement regarding the permanent nature of body art.
(4) Notice that tattoo inks, dyes, and pigments have not been
approved by the federal Food and Drug Administration and that the
health consequences of using these products are unknown.
(5) Postprocedure instructions that include all of the following:
(A) Information on the care of the procedure site.
(B) Restrictions on physical activities such as bathing,
recreational water activities, gardening, or contact with animals,
and the duration of the restrictions.
(C) Signs and symptoms of infection, including, but not limited
to, redness, swelling, tenderness of the procedure site, red streaks
going from the procedure site towards the heart, elevated body
temperature, or purulent drainage from the procedure site.
(D) Signs and symptoms that indicate the need to seek medical
care.
(b) Prior to the performance of body art, the client shall
receive, complete, and sign a questionnaire that includes all of the
following information:
(1) Whether the client may be pregnant.
(2) Whether the client has a history of herpes infection at the
proposed procedure site, diabetes, allergic reactions to latex or
antibiotics, hemophilia or other bleeding disorder, or cardiac valve
disease.
(3) Whether the client has a history of medication use or is
currently using medication, including being prescribed antibiotics
prior to dental or surgical procedures.
(4) Other risk factors for bloodborne pathogen exposure.
(c) All information gathered from the client that is personal
medical information and that is subject to the federal Health
Insurance Portability and Accountability Act of 1996 (HIPAA) or
similar state laws shall be maintained or disposed of in compliance
with those provisions.
This chapter does not restrict the activities of a
physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code or a
physician assistant licensed under Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code.
Nothing in this chapter authorizes a practitioner to perform
activities that are restricted under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.