§ 4105 — License requirements

(a) Initial registration.
(1) A person who intends to engage in the practice of tattooing, permanent cosmetics, or body piercing in this State shall register with the Office of Professional Regulation and shall pay the required fee.
(2) Registration shall be in the form required by the Director and shall include such information as the Director may require concerning the location of the registrant’s practice, the registrant’s qualification, and the nature of the services offered.
(b) Tattooists and body piercers.
(1)(A) As a prerequisite to licensure, a tattooist or body piercer applicant shall provide proof of an apprenticeship of at least 1,000 hours of experience obtained within two calendar years working under the direct supervision of a body piercer or tattooist licensed and in good standing with this State or the state in which the body piercer or tattooist is regulated, and who has been in practice a minimum of three years.
(B) The Director may adopt rules to require additional information from applicants to prove completion of an apprenticeship.
(2) Apprenticeships shall include successful completion of a three-hour course in universal precautions and infectious diseases.
(3) Apprentices shall register with the Office prior to beginning the apprenticeship in accordance with rules adopted by the Director.
(4) As used in this subsection, “good standing” shall mean that the tattooist or body piercer supervisor holds a current, unrestricted license in this State or an unrestricted authorization to practice tattooing or body piercing in another state. A tattooist or body piercer who holds a restricted license or restricted authorization to practice may petition the Director for permission to be a tattooist or body piercer supervisor, which may be granted by the Director for good cause shown.
(c) Permanent cosmetologists.
(1)(A) As a prerequisite to licensure for the practice of permanent cosmetics, an applicant shall provide proof of a course of approved study lasting at least 60 hours.
(B)(i) In addition, the applicant shall obtain at least 40 hours of practical experience, within two calendar years preceding the application, working under the direct supervision of a tattooist or permanent cosmetologist licensed and in good standing with this State or the state in which the tattooist or permanent cosmetologist is regulated, and who has been in practice a minimum of three years.
(ii) The Director may adopt rules to require additional information from applicants to prove completion of an apprenticeship.
(2) Training shall include successful completion of a three-hour course in universal precautions and infectious diseases.
(3) Prior to training and obtaining practical experience, applicants shall register with the Office in accordance with rules adopted by the Director.
(4) As used in this subsection, “in good standing” shall mean that the permanent cosmetologist or tattooist supervisor holds a current, unrestricted license in this State or an unrestricted authorization to practice permanent cosmetics or tattooing in another state. A permanent cosmetologist or tattooist who holds a restricted license or restricted authorization to practice may petition the Director for permission to be a supervisor, which the Director may grant for good cause shown.
(d) Shops. A shop shall not operate in this State without first registering with the Office of Professional Regulation and paying a fee of $100.00. Registration shall be in the form required by the Director.
(1) A shop shall not be granted registration unless the shop complies with this chapter and rules adopted under this chapter.
(2) All shops shall designate a person who is licensed under this chapter in at least one of the professions being practiced in the shop, be it tattooing, body piercing, or permanent cosmetics, who shall be responsible for overall cleanliness and sanitation of the shop.
(3) The practice of tattooing or body piercing shall be permitted only in registered tattooing and body piercing shops.
(4) The practice of permanent cosmetics shall be permitted only in:
(A) a licensed permanent cosmetic shop;
(B) a cosmetology shop licensed under chapter 6 of this title;
(C) anywhere the practice of tattooing is permitted;
(D) on the premises of a health care professional licensed pursuant to this title; and
(E) on premises meeting the sanitation requirements of this chapter as determined by the Director or as set forth by rule.
(5) Notwithstanding the provisions of this subsection, a tattoo shop licensed under this chapter or a cosmetology shop licensed under chapter 6 of this title may provide permanent cosmetics services by a person licensed under this chapter without obtaining an additional shop license for the same premises, provided that the Director may require by rule permanent cosmetologists to report all locations of their practice to the Director as a condition of licensure or license renewal.
(6) All registered shops shall report to the Director within 48 hours after a change of location. The Director may require shops to undergo a new inspection prior to beginning the practice of tattooing, body piercing, or permanent cosmetics at the new location. The Director may permit a relocated shop to continue operation under its existing registration.
(e) [Repealed.] (Added 1995, No. 79 (Adj. Sess.), § 1; amended 1999, No. 52, § 40; 2001, No. 129 (Adj. Sess.), § 31, eff. June 13, 2002; 2003, No. 60, § 21; 2005, No. 27, § 100; 2005, No. 148 (Adj. Sess.), § 43; 2007, No. 29, § 63; 2007, No. 163 (Adj. Sess.), §§ 36, 45; 2013, No. 138 (Adj. Sess.), § 45; 2017, No. 48, § 29; 2021, No. 69, § 7; 2023, No. 158 (Adj. Sess.), § 16, eff. June 6, 2024.)