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Georgia Code
TITLE 31 HEALTH
CHAPTER 40 TATTOO STUDIOS
31-40-1. Definitions.
As used in this chapter, the term:
(1) "Tattoo>" means to mark or color the skin by pricking in,
piercing, or implanting indelible pigments or dyes under the
skin.
(2) "<Tattoo> artist" means any person who performs <tattooing>,
except that the term <tattoo> artist shall not include in its
meaning any physician or osteopath licensed under Chapter 34 of
Title 43, nor shall it include any technician acting under the
direct supervision of such licensed physician or osteopath,
pursuant to subsection (a) of Code Section 16-5-71.
(3) "<Tattoo> studio" means any facility or building on a fixed
foundation wherein a <tattoo> artist performs <tattooing.
(Code 1981, §§ 31-40-1, enacted by Ga. L. 1994, p. 446, §§
2.)
31-40-2. Issuance of permits.
It shall be unlawful for any person to operate a tattoo studio
without having first obtained a valid permit for such studio.
Such permits shall be issued by the county board of health or its
duly authorized representative, subject to supervision and
direction by the Department of Human Resources but, where the
county board of health is not functioning, the permit shall be
issued by the department. A permit shall be valid until suspended
or revoked and shall not be transferable with respect to person
or location.
(Code 1981, §§ 31-40-2, enacted by Ga. L. 1994, p. 446, §§
2.)
31-40-5. Rules and regulations.
(a) The Department of Human Resources and county boards of
health shall have the power to adopt and promulgate rules and
regulations to ensure the protection of the public health. Such
rules and regulations shall prescribe reasonable standards for
health and safety of tattoo> studios with regard to:
(1) Location and cleanliness of facilities;
(2) Sterilization and Occupational Safety and Health
Administration guidelines for the prevention and spread of
infectious diseases by all personnel;
(3) Informed consent by the person receiving a <tattoo>;
(4) Procedures for ensuring adequate explanation to consumers of
the proper subsequent care of a <tattoo>; and
(5) Proper use and maintenance of <tattoo equipment, including
dyes and pigments.
(b) County boards of health are empowered to adopt and
promulgate supplementary rules and regulations consistent with
those adopted and promulgated by the department.
(Code 1981, §§ 31-40-5, enacted by Ga. L. 1994, p. 446, §§
2.)
31-40-6. Enforcement of chapter; inspection of premises.
The Department of Human Resources and the county boards of
health and their duly authorized agents are authorized and
empowered to enforce compliance with this chapter and the rules
and regulations adopted and promulgated under this chapter and,
in connection therewith, to enter upon and inspect the premises
of a tattoo studio at any reasonable time and in a reasonable
manner, as provided in Article 2 of Chapter 5 of this title.
(Code 1981, §§ 31-40-6, enacted by Ga. L. 1994, p. 446, §§
2.)
31-40-7. Criminal penalty.
Any person, firm, or corporation operating a tattoo> studio
without a valid permit or performing <tattooing> outside of a
licensed <tattoo studio shall be guilty of a misdemeanor.
(Code 1981, §§ 31-40-7, enacted by Ga. L. 1994, p. 446, §§
2.)
31-40-8. Public education program.
The Department of Human Resources is authorized and directed to
develop and institute a program of public education for the
purpose of alerting the public to the possible side effects and
exposure risks of tattooing.
(Code 1981, §§ 31-40-8, enacted by Ga. L. 1994, p. 446, §§
2.)
31-40-9. Enactment of more stringent laws.
Notwithstanding any other provision of this chapter, the
governing authority of any county or municipality may enact more
stringent laws governing tattooing.
(Code 1981, §§ 31-40-9, enacted by Ga. L. 1994, p. 446, §§
2.)
TITLE 16 CRIMES AND OFFENSES
CHAPTER 5 CRIMES AGAINST THE PERSON
ARTICLE 5 CRUELTY TO CHILDREN
16-5-71. Tattooing.
(a) It shall be unlawful for any person to tattoo the body of
any person under the age of 18, except that a physician or
osteopath licensed under Chapter 34 of Title 43, or a technician
acting under the direct supervision of such licensed physician or
osteopath, and in compliance with Chapter 9 of Title 31 shall be
authorized to mark or color the skin of any person under the age
of 18 by pricking in coloring matter or by producing scars for
medical or cosmetic purposes.
(b) Any person violating the provisions of subsection (a) of
this Code section shall be guilty of a misdemeanor.
(Code 1981, §§ 16-5-71, enacted by Ga. L. 1987, p. 443, §§
1; Ga. L. 1994, p. 446, §§ 1.)
Source: www2.state.ga.us/Departments/DHR/ORS/Misdemeanor.pdf
