§ 339.130. Professional standards.  


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  • (a) A technician may perform body piercing on an individual under the age of eighteen (18) if the individual's parent or legal guardian is present and a consent form and the authorization form is signed by the parent or legal guardian in the presence of the technician, and the piercing is not prohibited under paragraph (d).

    (b)

    No technician shall tattoo any individual under the age of eighteen (18) regardless of parental or guardian consent.

    (c)

    No nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation shall be performed by any technician on any individual under the age of eighteen (18) regardless of parental or guardian consent.

    (d)

    Technicians shall require proof of age prior to performing body art procedures on a client. Proof of age is established by one (1) of the following:

    (1)

    A valid driver's license or identification card issued by the State of Minnesota, or another state, and including the photograph and date of birth of the person;

    (2)

    A valid military identification card issued by the United States Department of Defense;

    (3)

    A valid passport; or

    (4)

    A resident alien card; or

    (5)

    A tribal identification card.

    (e)

    Before administering a body art procedure, the technician shall obtain from the client a signed and dated informed consent form. The consent form must disclose (i) that a tattoo is considered permanent, that it may be removed only with a surgical procedure, that any effective removal may leave scarring or (ii) that body piercing may leave scarring.

    (f)

    Before performing any body art procedure, the technician must provide the client with a disclosure and authorization form that indicates whether the client has:

    (1)

    Diabetes;

    (2)

    A history of hemophilia;

    (3)

    A history of epilepsy, seizures, fainting, or narcolepsy;

    (4)

    Any condition that requires the client to take medications such as anticoagulants that thin the blood or interfere with blood clotting; or

    (5)

    Any other information that would aid the technician in the body art procedure process evaluation.

    (g)

    The form must include a statement informing the client that the technician shall not perform a body art procedure if the client fails to complete or sign the disclosure and authorization form, and the technician may decline to perform a body art procedure if the client has any identified health conditions.

    (h)

    The technician shall ask the client to sign and date the disclosure and authorization form confirming that the information listed on the form is accurate.

    (i)

    Before performing any body art procedure, the technician shall offer and make available to the client personal draping, as appropriate.

    (j)

    No technician shall perform body art procedures on any person who appears to be under the influence of alcohol, controlled substances as defined in Minn. Statutes Section 152.01(4), or hazardous substances as defined in rules adopted under Minn. Statutes Chapter 182.

    (k)

    No technician shall perform body art procedures while under the influence of alcohol, controlled substances as defined in Minn. Statutes Section 152.01(4), or hazardous substances as defined in rules adopted under Minn. Statutes Chapter 182. (2001-Or-053, § 1, 4-20-01; 2011-Or-001, § 14, 1-14-11)