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Tattoo & Piercing Laws - United States - South Carolina

Back to United States Tattoo & Piercing Laws

State Of South Carolina

South Carolina Code
TITLE 16 CRIMES AND OFFENSES
CHAPTER 1 Felonies and Misdemeanors; Accessories
16-1-100. Crimes classified as misdemeanors.
(A) The following offenses are Class A misdemeanors and the maximum terms established for a Class A misdemeanor, as set forth in Section 16-1-20(A), apply:
16-17-700 Tattooing

§ 40-47-60. Practice of medicine or osteopathy restricted.

No person shall practice medicine, surgery or osteopathy within the State unless he is twenty-one years of age and has been authorized so to do pursuant to the provisions of this article. But nothing in this article shall be construed:

(1) To prohibit service in cases of emergency or the domestic administration of family remedies;

(2) To apply to those who practice the religious tenets of their church without pretending a knowledge of medicine or surgery if the laws, rules and regulations relating to contagious diseases and sanitary matters are not violated; or

(3) To prohibit licensed druggists from selling, using and dispensing drugs in their places of business, respectively.

(4) To apply to any act, task or function performed by an assistant to a physician certified by the Board of Medical Examiners, provided that (a) such assistant is approved and certified by the Board as one qualified by training or experience to function as an assistant to a specified physician or a specified physicians' group or professional association; and (b) such act, task or function is performed at the direction and under the supervision of such physician, or physicians' group or professional association, in accordance with rules and regulations promulgated by the Board. Provided, however, that under no circumstances will these physicians' assistants nor optometrists' assistants be allowed to make a refraction for glasses or give a contact lens fitting.

(5) To prohibit a licensed physician from delegating tasks to unlicensed personnel in his employ and on his premises if:

a. the task is of a routine nature involving neither the special skill of a licensed person nor significant risk to the patient if improperly done;

b. the task is performed while the physician is present on the premises and in such close proximity as to be readily available to the unlicensed person if needed;

c. the task does not involve the verbal transmission of a physician's order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing;

d. the unlicensed person wears an appropriate badge denoting to any patient his status.

South Carolina Code
TITLE 16 CRIMES AND OFFENSES
CHAPTER 17 Offenses Against Public Policy
ARTICLE 7 MISCELLANEOUS OFFENSES
16-17-700. Tattooing.

It is unlawful for a person to tattoo any part of the body of another person. It is not unlawful for a licensed physician or surgeon to tattoo part of a patient's body if in his medical opinion it is necessary when performing cosmetic or reconstructive surgery.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both.

HISTORY: 1986 Act No. 395, eff April 29, 1986; 1993 Act No. 184, §§ 187, eff January 1, 1994.

Legislative Information Systems

Search Session 113 - (1999-2000)

S 120

S 0120 General Bill, By Mescher A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.

11/18/98 Senate Prefiled
11/18/98 Senate Referred to Committee on Judiciary
01/12/99 Senate Introduced and read first time SJ-48
01/12/99 Senate Referred to Committee on Judiciary SJ-48
04/07/99 Senate Committee report: Favorable with amendment Judiciary SJ-15
04/08/99 Senate Amended SJ-17
04/08/99 Senate Read second time SJ-17
04/08/99 Senate Ordered to third reading with notice of amendments SJ-17
04/20/99 Senate Amended SJ-33
04/21/99 Senate Amended SJ-21
04/21/99 Senate Read third time and sent to House SJ-21
04/22/99 House Introduced and read first time HJ-19
04/22/99 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-19
02/09/00 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs HJ-6
02/15/00 House Requests for debate-Rep(s). Woodrum, Cotty, Kirsh, Stuart, Kelley, Walker, R. Smith, Seithel, McMahand, Moody-Lawrence, Leach, J. Hines, Davenport, Lloyd, Scott, Hosey, Gourdine, JH Neal, and Barfield HJ-37
02/23/00 House Amended HJ-30
02/23/00 House Debate interrupted HJ-31
02/24/00 House Recommitted to Committee on Medical, Military, Public and Municipal Affairs HJ-27
05/17/00 House Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs HJ-5
05/23/00 House Requests for debate removed-Rep(s). Gourdine, McMahand, J. Hines, Hosey and Lloyd HJ-89
05/24/00 House Requests for debate removed-Rep(s). Neal HJ-64
05/24/00 House Recommitted to Committee on Medical, Military, Public and Municipal Affairs HJ-91

Page 1

1	~~Indicates Matter Stricken~~
2	Indicates New Matter
3
4	COMMITTEE REPORT
5	May 17, 2000
6
7	S. 120
8
9	Introduced by Senator Mescher
10
11	S. Printed 5/17/00--H.
12	Read the first time April 22, 1999.
13
14
15	THE COMMITTEE ON MEDICAL,
16	MILITARY, PUBLIC AND MUNICIPAL AFFAIRS
17	To whom was referred a Bill (S. 120), to amend Section
18	16-17-700, as amended, Code of Laws of South Carolina, 1976,
19	relating to tattooing, so as to permit tattooing of persons over
20	twenty-one years, etc., respectfully
21	REPORT:
22	That they have duly and carefully considered the same, and
23	recommend that the same do pass with amendment:
24
25	Amend the bill, as and if amended, by striking all after the
26	enacting words and inserting:
27	/SECTION 1. Title 44 of the 1976 Code is amended by adding:
28	¿CHAPTER 34
29	Tattooing
30	Section 44-34-10. As used in this chapter:
31	(1) ¿Department¿ means the Department of Health and
32	Environmental Control.
33	(2) ¿Tattoo facility¿ means any room, space, location, area,
34	structure, or business, or any part of any of these places, where
35	tattooing is practiced or where the business of tattooing is
36	conducted.
37	(3) ¿Tattoo artist¿ means a person who practices body tattooing
38	and who meets the requirements of this chapter.
39	Section 44-34-20. (A) The Department of Health and
40	Environmental Control shall establish sterilization, sanitation, and
41	safety standards for persons engaged in the business of tattooing.
42	The department shall provide the necessary resources to support

Page 2

1	the development of these standards. The standards must be
2	directed at establishment and maintenance of sterile conditions and
3	safe disposal of instruments. The standards may be modified as
4	appropriate to protect consumers from transmission of contagious
5	diseases through cross-contamination of instruments and supplies.
6	(B) Prior to applying to the department for a permit, a tattoo
7	facility must ensure that all tattoo artists obtain a certificate
8	attesting to the successful completion of a course in blood borne
9	pathogens and tattoo infection control as approved by the
10	department; the tattoo facility must then apply for and obtain a
11	permit issued by the department, who shall issue such permits,
12	renewable annually, upon presentation of a certificate of each
13	tattoo artist¿s initial and annual certification of successful
14	completion of a course in blood borne pathogens, tattoo infection
15	control; payment of an annual permitting fee of three hundred
16	dollars per tattoo facility; and upon presentation of a certified copy
17	of an ordinance passed by the local governing body where the
18	business will be located approving the tattooing of persons within
19	its jurisdiction.
20	Section 44-34-30. A tattoo artist must observe the following
21	infection control precautions at all times:
22	(1) The tattoo artist must wash his hands thoroughly with
23	water and a germicide soap approved by the department before and
24	after each client¿s procedure.
25	(2) When necessary for the tattoo artist to perform a
26	procedure on certain individuals who must undergo shaving of
27	hair, either disinfected scissors or a single-use disposable razor
28	must be used, and the skin must be cleaned with a germicidal
29	solution approved by the department and used in accordance with
30	the manufacturer¿s directions.
31	(3) It is unlawful for a tattoo artist to tattoo any part of the
32	head, face, or neck of another person.
33	(4) The tattoo artist must always use single-use disposable
34	gloves when setting up equipment and single-use disposable
35	gloves when performing procedures on a client; these gloves must
36	never be washed or reused in any manner and must be immediately
37	replaced upon notice of a tear, any contamination, or other defect.
38	(5) The tattoo artist must always use on each recipient either:
39	(a) single-use disposable needles and injection equipment
40	which is designated and sterilely packaged as single-use only and
41	these needles and injection equipment must never be cleaned or
42	reused in any manner on another client; or

Page 3

1	(b) reusable needles and injection equipment only if
2	properly sterilized by autoclave or chemical germicide used in
3	accordance with the manufacturer¿s directions.
4	(6) All reusable instruments and other tattooing items other
5	than inks must be properly sterilized by autoclave and sterilely
6	packaged and labeled with the date of sterilization and a sterile
7	indicator.
8	(7) Prior to any direct contact with the client, the tattoo artist
9	in a sterile manner must place all sterile instruments on a sterile
10	disposable towel or drape to be used as a single sterile field
11	throughout the procedure. Regloving with single-use sterile
12	disposable surgical gloves must occur prior to initiation of the
13	procedure, which is to be performed using strict sterile surgical
14	techniques. Any nonsterile contact or contamination of the
15	instruments or field must immediately result in cessation of the
16	procedure and nonuse of all equipment until resterilized.
17	(8) The skin of the client must be scrubbed in a sterile
18	surgical manner with a germicidal solution approved by the
19	department and used in accordance with the manufacturer¿s
20	direction.
21	(9) The use of gauze, alum, styptic pencils, or medical
22	supplies considered necessary to control bleeding is prohibited
23	unless a separate disposable single-use sterile item is used on each
24	client.
25	The tattoo artist must not use stencils to transfer designs to skin
26	or containers of ink or dye unless separate, disposable single-use
27	stencils or containers are used on each recipient.
28	(10) The technician must dispose of single-use used needles
29	and other disposable sharp supplies in safety puncture-proof
30	containers as approved by the department; these used containers
31	must be disposed of in an manner prescribed by the department.
32	(11) Each tattoo facility must keep a written log for two years
33	of autoclave use including, but not limited to, the date and time of
34	use and sterilization spore test strip results done at least monthly.
35	(12) The tattoo artist must allow and cooperate with on-site
36	inspections as considered necessary by the department.
37	(13) A tattoo facility must include a room for the purpose of
38	disinfecting and sterilization of equipment and this room must be
39	physically separate from the room used for tattooing procedures to
40	avoid cross contamination of equipment.
41	Section 44-34-40. (A) A person wishing to operate a tattoo
42	facility shall register with the department prior to beginning

Page 4

1	practice. Upon completion of all the permitting requirements, the
2	tattoo facility shall receive a permit. A permitted facility shall:
3	(1) obtain a copy of the department¿s standards from the
4	department, sign an acknowledgment upon receipt of the
5	standards, and commit to meet the standards;
6	(2) provide the department with its business address and the
7	address at which the permittee performs any activity regulated by
8	this chapter;
9	(3) pay an annual permit fee of three hundred dollars to the
10	department;
11	(4) post the tattoo facility permit in a conspicuous place on
12	the premises of a licensed tattoo facility.
13	(B) The department may charge an additional amount if
14	necessary to cover the cost of inspection.
15	(C) Fees established by this chapter must be used exclusively in
16	support of activities pursuant to this chapter.
17	Section 44-34-50. (A) A tattoo artist must be at least twenty
18	one years old and shall possess a current Red Cross First Aid
19	Certification and Adult Cardiopulmonary Resuscitation (CPR)
20	Certification. The Red Cross First Aid Certification must be
21	renewed every three years, and the Adult CPR Certification must
22	be renewed annually. A tattoo artist must conspicuously display:
23	(1) the annual certificate of successful completion of a
24	course in CPR and infection control as approved by the
25	department; and
26	(2) the annual permit issued by the department.
27	(B) A tattoo artist must comply with all applicable federal
28	Office of Safety and Health Administration requirements or
29	guidelines.
30	(C) A tattoo artist must obtain a certificate attesting to the
31	successful completion of a course in blood borne pathogens and
32	tattoo infection control as approved by the department.
33	Section 44-34-60. (A) The department may conduct the
34	following inspections of the locations at which permittees under
35	this chapter conduct regulated activities:
36	(1) an initial inspection which must be successfully
37	completed as a condition of permitting;
38	(2) an inspection after any complaint is filed with the
39	department; and
40	(3) inspections which may be conducted by the department
41	at any time without previous notification to the tattoo facility.
42	(B) Each tattoo facility location shall conspicuously display a
43	clearly legible notice to patrons informing them of any

Page 5

1	disqualification which tattooing may confer upon a prospective
2	blood donor according to the current and subsequent amendments
3	to standards of the American Association of Blood Banks. This
4	notice also must appear in any informed consent or release form
5	which a tattoo artist uses. This informed consent or release form
6	must be signed by the prospective client and must contain, at a
7	minimum, aftercare suggestions for the specific tattoo site.
8	(C) A tattoo artist shall verify by means of a picture
9	identification that a recipient is at least twenty-one years of age.
10	For purposes of this section, ¿picture identification¿ means:
11	(a) a valid South Carolina driver¿s license; or
12	(b) an official photographic identification card issued by the
13	South Carolina Department of Revenue, a federal or state law
14	enforcement agency, an agency of the United States Department of
15	Defense, or United States Department of State. Proof that the
16	defendant demanded, was shown, and reasonably relied upon proof
17	of age is a defense to an action brought pursuant to this section.
18	(D) A person who has his or her body tattooed while under the
19	age of twenty-one in violation of subsection (C) above may bring
20	an action in the circuit court against the person convicted of the
21	violation to recover actual damages and punitive damages plus
22	costs of the action and attorney¿s fees.
23	Section 44-34-70. (A) The department may adopt regulations
24	that do not conflict with, or are not more comprehensive than, the
25	provisions of this chapter or with the standards adopted by the
26	department and promulgated in regulations by the department.
27	(B) This chapter does not limit the department¿s ability to
28	require a registrant to obtain any business license or permit that the
29	department finds appropriate.
30	Section 44-34-80. The department may revoke, suspend, or
31	refuse to issue or renew a permit pursuant to this chapter or may
32	place a tattoo facility on probation upon proof that the operator of
33	the facility under this chapter has:
34	(1) failed to maintain a business address or telephone
35	number at which the facility may be reached during business
36	hours;
37	(2) failed to maintain proper safety, sanitation, or
38	sterilization procedures as established by law or by department
39	regulations;
40	(3) obtained a tattoo facility license through fraud or deceit;
41	or
42	(4) violated any applicable law or regulation.

Page 6

1	Section 44-34-110. This chapter does not restrict the activities
2	of a physician or surgeon licensed pursuant to the laws of this
3	State.
4	Section 44-34-120. (A) It is unlawful for a person to perform
5	or offer to perform tattooing upon a person under the age of
6	twenty-one years, unless the tattooing is performed in the presence
7	of, or as directed by a notarized writing by, the person¿s parent or
8	legal guardian.
9	(B) This section does not apply to the tattooing of an
10	emancipated minor.
11	(C) The minor upon whom tattooing is performed, or the parent
12	or legal guardian of that minor, or any other minor is not liable for
13	punishment pursuant to this section.
14	(D) Tattooing may not be performed upon a person impaired by
15	drugs or alcohol. A person is considered incapable of consenting
16	to tattooing and incapable of understanding tattooing procedures
17	and aftercare suggestions.
18	(E) Tattooing may not be performed on skin surfaces having a
19	rash, pimples, boils, infections, or evidence of unhealthy
20	conditions.
21	(F) A person who violates a provision of this chapter is guilty
22	of a misdemeanor and, upon conviction, must be fined up to two
23	thousand five hundred dollars or imprisoned up to one year, or
24	both.
25	(G) All fines collected must be remitted to the State Treasurer
26	to be credited to the Department of Health and Environmental
27	Control in a separate and distinct account to be used solely to carry
28	out and enforce the provisions of this chapter.¿
29	SECTION 2. Section 16-17-700 of the 1976 Code is amended to
30	read:
31	¿Section 16-17-700. It is unlawful for a person to tattoo any
32	part of the body of another person unless the tattoo artist meets the
33	requirements of Chapter 34 of Title 44. It However, it is not
34	unlawful for a licensed physician or surgeon to tattoo part of a
35	~~patient¿s~~ the body of a person of any age if in ~~his~~ the physician¿s or
36	surgeon¿s medical opinion it is necessary ~~when performing~~
37	~~cosmetic or reconstructive surgery~~ or appropriate, and it is not
38	unlawful for a physician to delegate tattooing procedures to an
39	employee in accordance with Section 40-47-60, subject to the
40	regulations of the State Board of Medical Examiners.
41	A person who violates ~~the provisions~~ of this section is guilty of
42	a misdemeanor and, upon conviction, must be fined ~~in the~~

Page 7

1	~~discretion of the court~~ up to two thousand five hundred dollars or
2	imprisoned not more than one year, or both.
3	SECTION 3. This act takes effect October 1, 2000./
4	Renumber sections to conform.
5	Amend totals and title to conform.
6
7	JOE E. BROWN, for Committee.
8
9	STATEMENT OF ESTIMATED FISCAL IMPACT
10	ESTIMATED FISCAL IMPACT ON GENERAL FUND
11	EXPENDITURES:
12	A Cost to the General Fund (See Below)
13	ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER
14	FUND EXPENDITURES:
15	A Cost of Federal and/or Other Funds (See Below)
16	RECURRING NON-RECURRING
17	General Federal/Other General Federal/Other
18	Personal Service
19	& Employer
20	Contributions $137,711 $30,000 $ 0 $ 0
21	FTE (5.00) (0) (0) (0)
22	Operating Costs 17,440 0 17,500 0
23	Other: 0 0 0 0
24	TOTAL $155,151 $30,000 $17,500 $ 0
25	EXPLANATION OF IMPACT:
26	The Department of Health & Environmental Control (DHEC)
27	estimates that there are approximately 100 tattooing facilities
28	currently located throughout the State. One annual inspection and
29	an estimated two complaint-related inspections per year would
30	require DHEC to perform 300 inspections annually. DHEC
31	estimates that 3 inspectors, 1 Administrative Specialist and 1
32	Registered Nurse/Manager would be required to implement this
33	inspection program at a cost of $167,711 for salaries and fringe
34	benefits. Operating costs are estimated at $3,488 per FTE.
35	Therefore, recurring costs are estimated at $185,151 annually, of
36	which $30,000 would be covered by other funds generated through
37	annual permit fees. Non-recurring costs for one-time office set-up
38	are estimated at $3,500 per FTE. Therefore, total first year costs
39	are estimated at $202,651.
40	Section 44-34-40(B) states that DHEC may charge an additional
41	amount if necessary to cover the cost of inspection. The impact on
42	the General Fund of the State described above is based on the
43	assumption that DHEC would not charge an additional fee above

Page 8

1	the $300 annual permit fee. If DHEC were to charge an additional
2	fee, the impact on the general fund would be reduced by the
3	amount of revenue derived from those charges.
4
5	Approved By:
6	Don Addy
7	Office of State Budget
8
9

Page 1

1
2
3
4
5
6
7
8
9	A BILL
10
11	TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF
12	LAWS OF SOUTH CAROLINA, 1976, RELATING TO
13	TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS
14	OVER TWENTY-ONE YEARS OF AGE PURSUANT TO
15	RECOMMENDATIONS FOR PREVENTING TRANSMISSION
16	OF INFECTION AND GUIDELINES FOR PREVENTION OF
17	TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
18	AND HEPATITIS B VIRUS PROMULGATED BY THE
19	CENTERS FOR DISEASE CONTROL, OR EQUIVALENT
20	GUIDELINES DEVELOPED BY THE DEPARTMENT OF
21	HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE
22	NOTICE TO PATRONS INFORMING THEM OF ANY
23	DISQUALIFICATION WHICH TATTOOING MAY CONFER
24	UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE
25	THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE
26	FORM, TO REQUIRE PROOF OF AGE FROM A
27	PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE
28	PENALTIES FOR VIOLATION OF THIS SECTION, AND TO
29	PROVIDE THAT REASONABLE RELIANCE OF PROOF OF
30	AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER
31	THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16,
32	RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY
33	ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A
34	PERSON UNDER THE AGE OF TWENTY-ONE WHO IS
35	TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1)
36	MAY BRING AN ACTION AGAINST THE PERSON
37	CONVICTED OF THE VIOLATION TO RECOVER ACTUAL
38	AND PUNITIVE DAMAGES PLUS COSTS AND
39	ATTORNEY¿S FEES.
40
41	Be it enacted by the General Assembly of the State of South
42	Carolina:

Page 2

1
2	SECTION 1. Section 16-17-700 of the 1976 Code is amended to
3	read:
4
5	¿Section 16-17-700. (A) It is unlawful for a person to tattoo:
6	(1) any part of the body of another person under the age of
7	twenty one without express written consent of the parent or
8	guardian of the person and unless the original written consent is
9	kept on file, for a period of two years from the date of the tattoo, at
10	the establishment performing the tattoo;
11	(2) any part of the head, face, or neck of another person;
12	(3) another person without first applying for and obtaining a
13	permit issued by the South Carolina Department of Health and
14	Environmental Control. The department shall issue this permit,
15	renewable annually, to a person upon the submission of:
16	(a) a certificate of the applicant¿s successful completion
17	of a course in infection control as approved by the department;
18	(b) payment of a three hundred dollar permit fee;
19	(c) a favorable recommendation of the local governing
20	body where the business will be located. In making its
21	recommendation, the local governing body shall consider the
22	criminal background of the applicant as provided by the sheriff of
23	the county where the applicant resides. If the background check is
24	favorable, the local governing body must submit a favorable
25	recommendation of the applicant; and
26	(d) a certified copy of an ordinance passed by the local
27	governing body where the business will be located approving the
28	tattooing of persons within its jurisdiction.
29	It However, it is not unlawful for a licensed physician or
30	surgeon to tattoo part of ~~a patient¿s~~ the body of a person of any age
31	if in ~~his~~ the physician¿s or surgeon¿s medical opinion it is
32	necessary ~~when performing cosmetic or reconstructive surgery~~ or
33	appropriate, and it is not unlawful for a physician to delegate
34	tattooing procedures to an employee in accordance with Section
35	40-47-60, subject to the regulations of the State Board of Medical
36	Examiners.
37	A person who violates ~~the provisions~~ of this section for a first
38	offense is guilty of a misdemeanor and, upon conviction, must be
39	fined ~~in the discretion of the court~~ not less than five hundred
40	dollars or imprisoned not more than one year, or both. For a
41	second or subsequent offense, a person must be fined not less than
42	five hundred dollars or imprisoned not less than one year, or both.
43	(B) A tattoo artist conspicuously shall display:

Page 3

1	(1) a clearly legible notice to patrons informing them of any
2	disqualification which tattooing may confer upon a prospective
3	blood donor according to the current and subsequent amendments
4	to standards of the American Association of Blood Banks. This
5	notice must also appear in any informed consent or release form
6	which a tattoo artist uses;
7	(2) the certificate of successful completion of a course in
8	infection control as approved by the department; and
9	(3) the permit issued by the department pursuant to
10	subsection (A).
11	(C) A tattoo artist, in order to comply with department infection
12	control precautions, must:
13	(1) wash his hands with soap and water before and after
14	each recipient¿s procedure;
15	(2) use single-use disposable sterile or surgical style gloves
16	when performing tattoo procedures on recipients. These gloves
17	must never be washed or reused in any manner and must be
18	immediately discarded and replaced upon notice of a tear or other
19	defect;
20	(3) use sterilized or disposable razors on individuals who
21	must undergo shaving of hair;
22	(4) clean the recipient¿s skin with a germicidal solution
23	approved by the department;
24	(5) use on each recipient either (a) sterile, disposable needles
25	and injection equipment which is designated and sterilely
26	packaged as single-use only or (b) reusable needles and injection
27	equipment only if properly sterilized by autoclave or chemical
28	germicide used in accordance with the manufacturer¿s directions;
29	(6) dispose of the used needles and injection equipment in
30	safety puncture-proof containers as approved by the department
31	and must dispose of the used needle containers in a manner
32	prescribed by the department; and
33	(7) allow and cooperate with on-site inspections as
34	considered necessary by the department.
35	(D) A tattoo artist must not:
36	(1) use stencils to transfer designs to skin or containers of
37	ink or dye unless separate, disposable single-use stencils or
38	containers are used on each recipient;
39	(2) use alum or styptic pencils considered necessary to
40	control bleeding unless a separate, disposable single-use item is
41	used on each recipient.
42	(E) A person engaged in tattooing shall verify by means of a
43	picture identification that a recipient is at least twenty-one years of

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1	age. For purposes of this section, ¿picture identification¿ means (a)
2	a valid South Carolina driver¿s license; or (b) an official
3	photographic identification card issued by the South Carolina
4	Department of Revenue, a federal or state law enforcement agency,
5	an agency of the United States Department of Defense, or United
6	States Department of State. Proof that the defendant demanded,
7	was shown, and reasonably relied upon proof of age is a defense to
8	an action brought pursuant to this section.
9	(F) The department may revoke a permit or deny an application
10	for a new or renewed permit for violations of the provisions of this
11	section. The revocation or denial may be appealed as a contested
12	case pursuant to the Administrative Procedures Act. A person
13	engaged in tattooing whose permit has been revoked or denied
14	may not reapply for a period of one year from the date of
15	revocation or denial.¿
16
17	SECTION 2. Chapter 17, Title 16 of the 1976 Code is amended
18	by adding:
19
20	¿Section 16-17-705. A person who is tattooed while under the
21	age of ~~eighteen~~ twenty-one in violation of Section
22	16-17-700(A)(1) may bring an action in the circuit court against
23	the person convicted of the violation to recover actual damages
24	and punitive damages plus costs of the action and attorney¿s fees,
25	subject to Section 15-3-40.¿
26
27	SECTION 3. This act takes effect upon approval by the Governor.
28	----XX----

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1
2
3
4
5
6
7
8
9	A BILL
10
11	TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS
12	OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS
13	TO PERMIT TATTOOING OF PERSONS OVER TWENTY-ONE
14	YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR
15	PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES
16	FOR PREVENTION OF TRANSMISSION OF HUMAN
17	IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS
18	PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR
19	EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT
20	OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE
21	NOTICE TO PATRONS INFORMING THEM OF ANY
22	DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON
23	A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS
24	NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO
25	REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO
26	RECIPIENT, TO PROVIDE PENALTIES FOR VIOLATION OF THIS
27	SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF
28	PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT
29	UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16,
30	RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY
31	ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A
32	PERSON UNDER THE AGE OF TWENTY-ONE WHO IS
33	TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY
34	BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE
35	VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES
36	PLUS COSTS AND ATTORNEY¿S FEES.
37
38	Be it enacted by the General Assembly of the State of South Carolina:
39	SECTION 1. Section 16-17-700 of the 1976 Code is amended to read:
40
41	¿Section 16-17-700. (A) It is unlawful for a person to tattoo:
42	(1) any part of the body of another person under the age of twenty
43	one without express written consent of the parent or guardian of the
44	person and unless the original written consent is kept on file, for a period
45	of two years from the date of the tattoo, at the establishment performing
46	the tattoo;
47	(2) any part of the h