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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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What regulation is there of tattooing in Pennsylvania

Resolved Question:

What regulation is there of tattooing in Pennsylvania?
Submitted: 8 years ago.
Category: Legal
Expert:  Dwayne B. replied 8 years ago.
There are specific laws in Pennsylvania regarding most aspects of tattooing. Here is a link to the statutes that are currently in effect, although I understand there were a couple more bill pending.

http://www.tattooconnect.com/forum/showthread.php?t=217

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
Customer: replied 8 years ago.
As I understand, the bill that is posted on this website, placing a registry on tattoo shops, was a proposal that is NOT a law. Can you delve into that further for me?
Expert:  Dwayne B. replied 8 years ago.
I looked at the actual proposal on line and it was noted as "passed" in the official records so I assume it was becoming law. They are sometimes scheduled to become law on a later date so that everybody has time to get ready for them. In Texas almost all of ours become law on September 1st of that year.

I checked a couple of other sites and they also note Pennsylvania as a "regulated" state so I'm fairly certain that law passed.

In addition, many cities have additional regulations.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.




Customer: replied 8 years ago.
Can you show me the links, because I am a tattoo apprentice, and I just called three shops that told me that there are district ordinances, but no state regulation. They have not been inspected and they are not aware of any state law. One shop went through a VOLUNTARY health department inspection under the jurisdiction of PHILADELPHIA, even though they are located in Allentown, just to show that they are a clean shop. I just want to be super clear.
Expert:  Dwayne B. replied 8 years ago.
However, I am not sure if you are referring to being licensed to run a shop or licensed to do tattoos. I do not thing there is a registration or license to do tattoos, only to own the shop.

Also, the laws seem to be chiefly who you can and cannot tattoo, for example, no tattooing minors, no tattooing in cosmetic shops, etc.

It would probably be better if I just ask if you have a specific question or regulation you are concerned with, because the criminal laws discussed above are regulations on tattooing. If you are inquiring about helath inspections, etc. that is a different area. I want to be sure I provide accurate info.

http://tattoojoy.com/tattoo_laws/united_states,pennsylvania,1.htm

Customer: replied 8 years ago.

Ok, here's the whole situation- I have MRSA, which is a staph infection, and a psycho ex husband (there's always a psycho ex husband, isn't there?), and I am a tattoo apprentice. My ex wants to call the health department and have me banned from the tattoo shop, or have the shop shut down. I have no intention of tattooing if I am communicable. As I understand, the only actual law is the one banning minors from being tattooed, and the bills that you have showed me have not passed into law (I googled it, too.) The shops are subject to local ordinances.

 

So, I am looking at the bill, HOUSE BILL 1148 P.N. 1329 PRINTER'S NO. 1329 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL
and seeing we need to be inspected by physicians, we need to be registered and take written tests, and I'm thinking, Heck, I've never heard of all of this? We have never taken a written test, etc. Then I get on the phone, and call other shops, and they have not taken written tests or been inspected by physicians, either. So, I'm pretty sure that bill is NOT a law.

 

It probably SHOULD be. I think more regulation is better in this industry, but I don't want to be caught unaware by a vindictive ex.

 

That's the whole story. SO I have real life tattoo artists in the area telling me that house bill 1148 was never actually enacted, but I want you to verify for me whether that law is in place or not. If it is a law, it isn't being enforced, and it isn't being followed by respected area shops.

Expert:  Dwayne B. replied 8 years ago.
I have got you now.

The only law that I can find that has actually been fully enacted on a state wide level is the criminalization statutes for tattooing minors and possibly the one for tattooing in a beauty parlor. I'm still not sure about that one.

The other one appears to have passed one of the houses of the legislature but not the other one. However, I find a number of references that are exhibiting legislative conerns about the ability to pass staph, particularly the resistant kind, through tattooing. I think you can figure that is coming soon and I would be willing to bet HB 1148 will make it through both houses in the near future.

Also be aware that there have been cases where people have exposed others to potential diseases through spitting, etc. and that has been deemed to be an enhanced crime. The example I am thinking of was where someone had unprotected sex with someone else at a time when they knew they had AIDS and they were convicted of a crime, although I don't remember which one.

If you are going to continue your trade just take extra precautions to prevent the staph from spreading to a customer and be extra careful that you meet all local regulations.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


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