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Safe Body Art Act - AB300 and AB1168
The Safe Body Art Act regulates tattooing, branding, body piercing, and permanent makeup for body art in California. The ordinance requires all California body art practitioners to annually register with the county, obtain annual bloodborne pathogens training, provide documentation of Hepatitis B vaccination status, and obtain specific health information from clients, and obtain “informed consent” from those same clients. Clients must read and sign an informed consent form that includes a description of the procedure; a description of what to expect after the procedure; a statement regarding the permanent nature of body art; notice that tattoo inks, dyes, and pigments have not been approved by the Federal Food and Drug Administration and the health consequences of using these products are still unknown. The Safe Body Art Act also requires the owner of a body art facility to obtain a Health Permit, operate the facility in a safe and clean manner, maintain written procedures for the operation of the facility, and maintain records of training and equipment sterilization. A person shall not perform body art in California if he or she is not registered with the local enforcement agency. In order to register, a body artist must provided the following: They’ve gotta provide proof that he or she is at least 18 years of age or older. They need to prove that there’s evidence of current Hepatitis B vaccination, including applicable boosters, unless the practitioner can demonstrate Hepatitis B immunity or has complied with current federal OSHA Hepatitis B vaccination declination requirements. They also need to provide evidence of completion of no less than two hours of a Bloodborne Pathogens Exposure Control training consistent with Section 119307 and the Cal-OSHA Bloodborne Pathogens Standard Section 5193 of Title 8. There’s gonna be a quiz on this. The complete code and standard can be easily accessed online. This training must be provided by a person knowledgeable in exposure control and infection prevention in the body art setting and who are approved by the local enforcement agency. In addition, a copy and explanation of local applicable city and county ordinances that pertain to bloodborne pathogen transmission control in body art must be reviewed. Self-certification of, knowledge of, and commitment to meet state law and relevant local regulations pertaining to body art safety. They also must provide the local enforcement agency with any required documentation that includes, but is not limited to, dates, type, and location of work, and the name and contact information of the registrant's supervisor or supervisors. His or her business address and the address at which he or she will perform any activity regulated by this chapter. And then payment of a registration fee directly to the local enforcement agency. The California Health and Safety Code is intended to protect both the practitioner and the client from the transmission of infectious diseases through minimum statewide standards for persons who perform tattooing, body piercing, branding, and the application of permanent cosmetics. These regulations can sometimes feel impeding and that they’re overpowering. But when we understand the importance of keeping ourselves safe as practitioners, and the people that trust us as clients, it makes a lot of sense to why we need to practice these safe and effective skills in preventing needless infections.
In this lesson, you'll be learning about all of the requirements that you'll need to follow and everything that you will need to provide to a local enforcement agency in order to practice body art safely and within the confines of the law.
The California Safe Body Art Act* regulates tattooing, branding, body piercing, and permanent makeup for body art procedures in California. This ordinance requires that all California body art practitioners must do the following:
- Annually register with the county in which you work
- Annually receive bloodborne pathogen training
- Provide the proper documentation to clients on the Hepatitis B vaccine status
- Obtain specific health information from all clients
- Obtain informed consent from all clients
Every client that you serve must read and sign an informed consent form that includes:
- A description of the procedure
- What to expect after the procedure
- A statement regarding the permanent nature of body art procedures
- A notice that tattoo inks, dyes, and pigments have not been approved by the FDA
- A statement that the health consequences of using these products is still unknown
The safe body art act also requires owners of body art studios to:
- Obtain a local health permit
- Operate the facility in a safe and clean manner
- Maintain a written procedure for the safe operation of the facility
- Maintain records of training and equipment sterilization
Warning: You should not perform any body art procedures in California if you are not registered with a local enforcement agency.
In order to register with a local enforcement agency, all body artists must provide the following:
1. Proof that you are at least 18 years old.
2. Evidence of having been given the Hepatitis B vaccine, including applicable boosters, unless you can demonstrate an immunity to the Hepatitis B virus or have complied with current federal OSHA Hepatitis B vaccination declination requirements.
3. Evidence of OSHA bloodborne pathogen training.
Pro Tip #1: You must provide proof of no less than two hours of bloodborne pathogen exposure control training that is consistent with section 119307 and Cal-OSHA bloodborne standard 5193 of Title 8. For those of you interested in reading more or if suffering from chronic insomnia, the complete code and standard can be easily accessed online.
Also, this training must be provided by a person knowledgeable in exposure control and infection prevention in a body art setting and approved by a local enforcement agency. In addition, a copy and explanation of local applicable city and county ordinances that pertain to bloodborne pathogen transmission control in body art must be reviewed.
4. A self-certified knowledge of and commitment to meeting all state laws and relevant local regulations that pertain to body art safety.
5. You must provide the local enforcement agency with any required documentation that includes, but is not limited to, dates, type, and location of the work to be performed, and the name and contact information of the registrant's supervisor or supervisors.
6. Your business address and the address at which you will be performing any activities that are regulated by this chapter.
7. Payment of the registration fee directly to the local enforcement agency.
This California health and safety code is intended to protect both practitioners and clients from the transmission of infectious diseases through the minimum statewide standards for people who perform tattoos, body piercing, branding, or the application of permanent cosmetics.
Pro Tip #2: While these requirements can sometimes feel overpowering or in some way that they are impeding you, you should also keep in mind that they are in place to keep you the body art practitioner safe, along with the clients that have put their trust in you to have a safe procedure done. When you consider the consequences, both in regard to the law and in acquiring an infectious disease, I think you'll see that these requirements make a lot of sense and why practicing your skills safely and effectively to prevent needless infection is so vitally important.
*The California Safe Body Art Act, AB300 and AB1168, states that a person shall not perform body art if he or she is not registered with the local enforcement agency. This video will review the requirements for registration and other details included in the Safe Body Art Act.