FLORIDA STATUTES AND GENERAL SUPERVISION

OF

      PERMANENT MAKE-UP AND TATTOO ARTISTS

GENERAL INFORMATION

_________________________________________________

Statutory requirements vary by state and may be determined by checking with the state government, various Internet sites concerned with tattooing and permanent make-up, the American Academy of Micropigmentation and/or local tattoo and/or permanent make-up artists.

According to Florida Statute 61F6-19.002 Tattooing: General Supervision, four requirements are clearly defined:

General supervision, distinct from direct supervision, essentially means oversight of the tattooist and/or permanent make-up artist by an allopathic or osteopathic physician or dentist, and shall not require the physical presence of the supervisor when procedures are performed, though shall require:

  1. The supervising allopathic and/or osteopathic physician or dentist, upon assuming duties as the supervisor and semiannually thereafter, shall review and inspect the techniques, procedures and equipment utilized by the tattooist in the performance of tattooing (permanent make-up is considered a form of tattooing).
  2. The supervising allopathic and/or osteopathic physician or dentist shall provide semiannual training for the tattooist in the areas of infection control, sterilization and emergency procedures.
  3. The supervising allopathic and/or osteopathic physician or dentist and the tattooist (or permanent make-up specialist) shall develop jointly written procedures regarding the medical condition for individuals to receive tattoos, treatment of routine minor problems resulting during or from tattooing, and detailed procedures to be followed in the event of emergency situations developing during the performance or as a result of tattooing.
  4. These written procedures will be maintained in a readily available location on the premises of the tattooist (or permanent make-up artist) and a copy shall be maintained by the supervising allopathic and/or osteopathic physician or dentist. Such written procedures will be readily available for inspection by agents of the Department of Business and Professional Regulation and/or the Board of Medicine, the Board of Osteopathic Medical Examiners and the Board of Dentistry.

Correspondence with the FLORIDA BOARD OF MEDICINE has been somewhat unresponsive with regard to strict criteria clarifying this general supervisory relationship; secondary administrative correspondence suggests lack of a formal response is suggestive of a favorable opinion to the following criteria.

In discussion with tattoo and permanent make-up artists, attorneys and other physicians, general supervision may be considered as having established a formal relationship with the tattooist and/or permanent make-up artist and knowledge the artist is who he or she says she is, works where he or she says she works, and does what he or she says she does.

For this reason, REGISTRATION requirements necessitate not only a clear understanding of the Florida Statute, but also documentation, and therefore a formal credentialing package should consider including:

  1. A notarized copy of the applicant’s driver’s license.
  2. A copy of occupational license (if available, often only available after a supervising letter has been forthcoming).
  3. Copies of any educational certificates and/or endorsements with the date, name, address and telephone number of the individual and/or certifying institution, pictures of the office, equipment, supplies and individual applicant (dated with signature and office address).

In order to fulfill requirements of inspection, pictures should include the general location and entire office from the outside entrance to the room where procedures are performed; pictures of equipment, biohazard containers and supplies should also be included.

The physician has an obligation to review procedures for sanitation and sterilization and the tattooing/permanent make-up technique. Often these procedures are explained in a prior curriculum; however, tattoo or permanent make-up artists should be clear to elucidate individual variances, and pictures demonstrating the application of procedure before and after should be provided.

Detailed procedures to be followed in the event of an emergency situation developing during the performance or as a result of tattooing or permanent make-up should also be explained. This often includes response to fainting, anxiety, bleeding, allergic reactions, infections, abrasions or accidental puncture sticks. A proper understanding of first aid and/or basic life support is important and may be acquired from a local Red Cross course.

Infection control, especially when dealing with needles and blood and the occurrence of HIV, hepatitis A, B and C requires appropriate sterilization and/or disposal of needles which may include pick-up by a biohazard waste company or disposal of the red needle boxes through a local fire department, hospital or doctor’s office (documentation by the receiving organization should be clearly defined). Other methods of disposal include bonding needles in a polyester resin and depositing in the local waste.

As part of a medical history and risk assessment, most tattoo and/or permanent make-up artists ask about past medical problems, allergies, skin reactions, infections, etc.; a statement from the primary care physician condoning the decision to have such a procedure should be provided by those clients with a history of heart disease, bleeding disorders, eye disease or infections, diabetes, epilepsy, fainting spells, contact lenses, tendency to fever blisters, history of hepatitis or possible AIDS exposure, or pregnancy and/or skin diseases or reactions.

Routine treatment of minor problems resulting during or from tattooing or permanent make-up should include an understanding of how to handle a client who faints, has difficulty breathing, is anxious, bleeding, or develops a local allergy or mild infection or needle stick.

Before participating full-time in an active tattoo or permanent make-up practice, an individual should also clearly understand the recommendation of a baseline HIV test and/or hepatitis immune profile, or hepatitis B immunization, and make sure should the artist or client have an inadvertent (accidental) needle stick, both would be evaluated by their respective physicians or at the public health department.

Of course, any additional credentials or documentation supporting the tattoo or permanent make-up artist’s integrity and/or background with regard to health-related matters should also be a part of this credentialing package.

Every six months (semiannually) the supervisor has the responsibility of reviewing and inspecting techniques, procedures and equipment utilized by the tattooist and/or permanent make-up artist in the performance of the practice. So, should any changes in technique, equipment, office location or procedures occur, the tattooist and/or permanent make-up artist should review these changes with the general supervising physician, and such changes should be submitted in writing in addition to any additional pictures of the pertinent additions or changes, as applicable.

Compliance with the Florida Statute often comes down to the degree of enforcement by the State. Certainly a relationship with a local or primary care physician may serve this need without detailed documentation; however, as the fields of tattooing and permanent make-up continue to expand, often the documentation of bureaucratic requirements is one’s best defense in the game called GOTCHA. For this reason, transparency and a clear presentation of this aforementioned documentation and a policy manual available to all clients, as well as government agencies, with pictures of before and after results makes public relations' sense and bolsters the confidence of the individual client while satisfying the requirements of state enforcement agencies.

QUESTIONS:

THE HEALTHPLACE

A Private Medical Practice of David P. Kalin, M.D., M.P.H. 

P.O. Box 6009

Palm Harbor, FL  34684

Tel   813.966.1431

Fax  813.925.1932

 drkalin@drkalin.com

________________________________________________________

David P. Kalin, M.D., M.P.H.

Masters in the Science of Public Health

Fellow American Academy of Family Physicians

Board Certified in Family Practice, B.C.F.P.

Fellow American Academy of Disability Evaluating Physicians

Certified Independent Medical Examiner

Florida Statute / Registration Requirements / Semi Annual Review / Permanent Makeup and Tattoo Artists / Resources and Suppliers / GENERAL INFORMATION / Home