Mo. Code Regs. tit. 20 § 2267-5.020

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 20 CSR 2267-5.020 - Patrons

PURPOSE: This rule outlines the age requirements of a patron and the necessity of a parental release for patrons under the age of eighteen (18) years of age. The rule also requires the establishment owner to keep on file photocopies of parental release forms and photocopies of picture identification.

(1) A practitioner shall not tattoo, body pierce or brand any person without first obtaining the following information in writing from the patron immediately preceding each procedure performed by the practitioner:

(A) Name, address, telephone number and date of birth of the patron;

(B) Driver's license number or official picture identification number of the patron. If the patron is under the age of eighteen (18) years, the practitioner shall obtain the driver's license number or official picture identification of the minor's parent or legal guardian;

(C) Signature of the patron or signature of the patron's parent or legal guardian if the patron is under the age of eighteen (18) years;

(D) A medical/health information form, to be completed by the patron that shall include but not be limited to information pertaining to the following:

1. Use of any medications containing controlled substances;

2. Communicable diseases, including Human Immunodeficiency Virus (HIV), Hepatitis B Virus (HBV) and/or other blood borne pathogens;

3. Allergies;

4. Diseases affecting the patron's healing processes, including diabetes;

5. Current use of illegal substances (i.e., is the patron currently under the influence of illegal substances?);

6. Current use of alcohol (i.e., is the patron currently under the influence of alcoholic beverages?);

7. Jaundice within the twelve (12) months prior to the procedure;

8. Use of any medications that contain blood thinners; and

9. Use of any medications that are immunocompromising (i.e., weakens the immune system that fights infections);

(E) A properly authorized consent form signed by the patron acknowledging that he or she has been informed in person and in writing, pursuant to section (2) of this rule, of the dangers and contraindications of the procedure, and that the patron agrees to the procedure in light of the foregoing. The informed consent form shall be retained on file in the tattoo, body piercing and/or branding establishment;

(F) The signature of the practitioner attesting that the practitioner has reviewed the completed form(s), has advised the patron in person and in writing of the dangers and contraindications of the procedure, and the date of the review.

(2) A practitioner shall not tattoo, body pierce or brand any person until he or she has informed the patron, in person and in writing, of the following:

(A) The dangers of the procedure to a person who may suffer from certain diseases and/or undergoing certain medical treatments as follows:

1. Impaired kidney and/or liver function;

2. Diabetes;

3. Jaundice within the twelve (12)-month period prior to the procedure;

4. Medication therapy containing a blood thinner; and

5. Medication therapies that are immunocompromising (i.e., weakens the immune system that fights infections).

(B) That the tattoo body piercing and/or branding should be considered permanent, and can only be removed or repaired with a surgical procedure that may leave permanent scarring and disfigurement.

(3) A practitioner may decline to provide service for any lawful reason.

(4) A tattoo, body piercing or branding establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of eighteen (18) shall be tattooed, body pierced or branded. No practitioner shall knowingly tattoo, brand or perform body piercing on a minor unless he or she obtains the written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written consent form required pursuant to this subsection in the presence of the practitioner performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of the practitioner.

(5) The practitioner shall verify through proper picture identification that the patron requesting the tattoo, body pierce or brand is at least eighteen (18) years of age.

(6) A practitioner shall not tattoo, body pierce or brand any person who:

(A) Appears to be under the influence of alcohol or drugs; or

(B) Has evident skin lesions or skin infections in the area of the procedure.

(7) Each practitioner shall maintain a record for each patron for a minimum of two (2) years following the completion of the procedure. A patron's record shall include at a minimum all the information required in sections (1) and (2), as well as the name, license number and signature of the practitioner performing the procedure. The practitioner also shall note any adverse effects or difficulties arising from the procedure.

20 CSR 2267-5.020

AUTHORITY: section 324.522, RSMo Supp. 2001.* This rule originally filed as 4 CSR 267-5.020. Original rule filed Aug. 15, 2002, effective Feb. 28, 2003. Moved to 20 CSR 2267-5.020, effective Aug. 28, 2006.

*Original authority: 324.522, RSMo 1998, amended 1999, 2001.