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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) No person shall engage in the practice of tattooing or act as a tattoo artist unless the person has registered as a tattoo artist with the department of health. A statewide tattoo artist license shall be issued and is transferable within this state to any studio holding a current studio certificate issued by a local health department. The department of health may, at its option, direct the local health department to act in its behalf in the application, examination and collection of funds concerning tattoo artist registration.
(b) No holder of a studio permit issued under this part shall allow a tattoo artist to engage in tattooing unless the tattoo artist:
(1) Has attained eighteen (18) years of age;
(2) Currently holds a tattoo artist license; and
(3) Either has a fourteen-day temporary permit or has an apprentice artist license.
(c) Any person desiring to engage in the practice of tattooing shall submit an application to the department of health or its designee. There shall be three (3) types of tattoo artist licenses: tattoo artist, apprentice artist and temporary artist. All tattoo artist and apprentice artist registrations shall expire on December 31 of each year. A tattoo artist, apprentice artist and temporary artist shall pay an annual fee of one hundred forty dollars ($140).
(d) All tattooing shall be under the auspices of a tattoo studio holding a current studio certificate issued by the local health department.
(e)(1) Each tattoo operator or tattoo artist shall, before receiving a permit to operate a tattoo establishment or to apply a tattoo, undergo a training program to include:
(A) The alliance of professional tattooist course in sterilization;
(B) A local or state health department program;
(C) A course approved by the local health department in methods and techniques for the proper sterilization of instruments and materials used in tattooing; or
(D) Present acceptable evidence of having satisfactorily completed a course of instruction in sterilization techniques and methods from a college/medical sterilization course.
(2) In addition to the requirement of subdivision (e)(1), each tattoo operator or tattoo artist shall, before receiving a permit to operate a tattoo establishment or to apply a tattoo, complete up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit organization approved by the Tennessee human trafficking advisory council that focuses on how to recognize the signs of human trafficking, how to respond to those signs, how to refer a client to resources for victims of human trafficking, and reporting signs of human trafficking to the Tennessee Human Trafficking Resource Center Hotline.
(f) The tattoo operator or tattoo artist, or both, shall be required to take and pass an examination concerning this part before a tattoo artist permit shall be issued. The examination shall be a written examination prescribed by the local health department and must include questions on recognizing and reporting signs of human trafficking. After passing the examination and complying with the other provisions of this part, a license shall be issued.
(g) To receive a tattoo artist license, a tattoo artist must be trained in the profession of tattooing, including sterilization methods, in a certified shop for at least one (1) year under a currently licensed tattoo artist who has been certified and operating in compliance with applicable laws in this state for no fewer than three (3) years, or who has been licensed in this state for fewer than three (3) years, but licensed in another state for ten (10) years or more. The tattoo artist must provide the tattoo artist's signature on this state's tattoo apprenticeship completion application signifying that the apprentice tattoo artist has met the requirement of this section. Out-of-state tattoo artists must show proof of at least two (2) years' experience as a professional tattoo artist in another state, in lieu of satisfying subsection (f), to receive a tattoo artist license in this state. Business licenses, tax records, and other similar records may be used to show proof of prior work. Tattoo artists in business in this state on October 1, 1996, are exempt from this subsection (g).
(h) An apprentice artist license shall be issued if an artist is unable to comply with any of this part. An artist shall remain an apprentice artist until all qualifications or provisions of this part have been met.
(i) A tattoo operator shall, unless registered as a tattoo artist, register with the department of health and shall comply with all provisions of this part, except for subsection (g). A tattoo operator shall pay an annual fee of one hundred forty dollars ($140).
(j) All fees shall be paid to the commissioner. If any fee is delinquent for more than thirty (30) calendar days, a penalty of one half ( 1/2 ) the fee shall be added to the fee. If a check is returned for any reason, a penalty of one half ( 1/2 ) the fee shall be added to the fee. The permit fee plus any penalty must be paid before the permit is issued.
(k) An applicant whose license has expired for more than one (1) year must reapply for licensure pursuant to subsection (g).
(l) A person who holds a license under this part as of December 31, 2025, and who is renewing the license pursuant to this part shall successfully complete by December 31, 2028, up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit organization approved by the Tennessee human trafficking advisory council that focuses on how to recognize the signs of human trafficking, how to respond to those signs, how to refer a client to resources for victims of human trafficking, and reporting signs of human trafficking to the Tennessee Human Trafficking Resource Center Hotline. If the person fails to complete the course by December 31, 2028, then the department shall render the license invalid until the person complies with this subsection (l).
Cite this article: FindLaw.com - Tennessee Code Title 62. Professions, Businesses and Trades § 62-38-204 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-62-professions-businesses-and-trades/tn-code-sect-62-38-204/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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