SECTION 310:233-3-2. Prohibited acts  


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  • (a)   It shall be unlawful for any artist to perform body piercing or tattoo procedures outside of a licensed body piercing or tattooing establishment.
    (b)   Eating or drinking by anyone is prohibited in the area where body piercing or tattooing is performed by the licensed artist in a licensed body piercing or tattoo establishment. Smoking is prohibited in any licensed establishment.
    (c)   No person under eighteen (18) years of age shall be allowed to receive a tattoo. No person under eighteen (18) years of age shall be allowed to receive a body piercing procedure unless the legal parent or legal guardian of such a child gives written consent for the procedure and the legal parent or legal guardian of the child is present during the procedure [21:842.1(A)].
    (d)   No person with an exposed infectious sore shall work in any area of a body piercing or tattoo establishment where there is a likelihood that they could contaminate body piercing or tattoo instruments, supplies or procedure surfaces with body substances or pathogenic organisms.
    (e)   No animals of any kind shall be allowed in a body piercing or tattoo establishment except service animals used by persons with disabilities or as allowed in 310:233-7-1.
    (f)   A person shall not perform body piercing or tattoo upon another person if the other person is under the influence of alcohol or a controlled substance.
    (g)   An ear piercing gun shall not be used on any body part other than the ear lobe, which does not contain cartilage. This device must be autoclave sterilized between clients after each use or be single use and disposable.
    (h)   No person shall be allowed to purchase or possess tattoo equipment or supplies without being licensed either as an Oklahoma Medical Micropigmentologist or as an Oklahoma tattoo artist [21:842.1(A)].
    (i)   All body piercing operators, tattoo operators and artists shall be prohibited from performing body piercing or tattooing unless licensed in the appropriate category by the Department [21:842.3(A)].
[Source: Added at 16 Ok Reg 1701, eff 3-23-99 (emergency); Added at 16 Ok Reg 2458, eff 6-25-99; Amended at 24 Ok Reg 186, eff 11-1-06 (emergency); Amended at 24 Ok Reg 1928, eff 6-25-07; Amended at 27 Ok Reg 2507, eff 7-25-10]