PART 2

GENERAL PROVISIONS

62-38-201. Part definitions. As used in this part, unless the context otherwise requires:

(1) “Antibacterial solution” means any solution used to retard the growth of bacteria approved for application to human skin and includes all products so labeled;

(2) “Client” means any person desiring to receive a tattoo;

(3) “Commissioner” means the commissioner of health;

(4) “Department” means the department of health;

(5) “Disinfectant” means a solution intended to destroy or inactivate specific viruses, bacteria or fungi on inanimate surfaces;

(6) “Germicidal solution” means any solution that destroys germs and is so labeled;

(7) “License” means the issuance of a license to perform tattooing to any individual, partnership, firm or corporation;

(8) “Permit” means the issuance of a permit to a tattoo studio or establishment;

(9) “Registration” means license or permit, as applicable;

(10) “Sanitary” means clean and free of agents of infection;

(11) “Single use” means an item is used one (1) time on one (1) client and then is properly disposed of by appropriate measures;

(12) “Sterilization” means holding in an autoclave for fifteen (15) minutes, at fifteen pounds (15 lbs.) pressure and at a temperature of two hundred fifty degrees fahrenheit (250°F) or one hundred twentyone degrees celsius (121°C);

(13) “Tattoo” means any method of placing designs, letters, figures, symbols, cosmetics or any other marks under the skin of a person with ink or color by the aid of needles or instruments;

(14) “Tattoo artist” means any person, regardless of age, who engages in the practice/service of tattooing regardless of the type of tattoo or area to be tattooed;

(15) “Tattoo artist registration” means the issuance of a state license authorizing the person named therein to engage in the practice/service of tattooing in this state after fulfilling the requirements in this part;

(16) “Tattoo operator” means any person who controls, operates, conducts or manages any tattoo studio, whether actually engaging in tattooing or not;

(17) “Tattoo studio” means any room or space where tattooing is practiced or where the service of tattooing is conducted;

(18) “Tattoo studio certificate” means the issuance of a written permit, issued by the local county health department, to a tattoo studio stating that the studio, after inspection, was found to be in compliance with this part; and

(19) “Universal precautions” means that all blood and body fluids are treated as to contain all bloodborne pathogens and taking proper precautions to prevent the spread of any bloodborne pathogens.

History . Acts 1 996, ch. 1004, § 2; 1 999, ch. 22 9, §§ 1-3.

62-38-202. Registration, certification, and inspections for studios — Permit fee schedule — Violations and penalties.

(a) No person shall operate a tattoo studio unless the person is registered with the state as an operator or as an artist and the studio has been issued a studio certificate by the local health department. No studio certificate shall be issued or renewed unless the studio has been inspected and found to be in compliance by the local health department.

(b) A studio certificate shall expire on December 31 of each year.

(c) The local health department shall inspect each tattoo studio a minimum of four (4) times each year to ensure compliance with this part.

(d) Tattoo studio violations shall be classified into two (2) categories: critical and minor. Tattoo studios found to have critical violations shall be subject to a one hundred dollar ($100) civil penalty and, if deemed necessary , the immediate shutdown of the tattoo studio. Reinspection for a critical violation shall be within seven (7) days, at which time the tattoo studio may be reopened if the studio is found to be in compliance. If a second critical violation is committed within the period of one (1) year, calendar or otherwise, the tattoo studio shall be subject to a civil penalty of up to five hundred dollars ($500) and the tattoo studio’s certificate may be revoked.

(e) Minor violations means all other violations of this part. Tattoo studios with minor violations shall be subject to a twenty-five dollar ($25.00) civil penalty and shall have fourteen (14) days to address and correct the violations. Reinspection for a minor violation shall be at the discretion of the local health department.

(f) A violation may be reviewed by the local health department upon written request of the person or studio committing the violation. A request for review by the local health department shall be made in writing within ten (10) days of receipt of notification of the violation. The local health department should respond to this review within fourteen (14) days.

(g) Critical violations shall include the following:

(1) Autoclave is not in good working order;

(2) Tubes and needles are not sterilized in an approved manner;

(3) Work room is not equipped as required or is not stocked;

(4) Prohibited reuse of single use articles;

(5) Sterile instruments are not handled properly;

(6) Reusable instruments are not handled properly;

(7) Employees with infectious lesions on hands not restricted from tattooing;

(8) Employees not practicing proper cleanliness and good hygiene practices;

(9) Water supply not approved, hot and cold running water under pressure not available;

(10) Approved sewage and liquid waste disposal not available;

(11) Cross connection allowing back-siphonage present in plumbing system;

(12) Toilet and hand washing facilities not available for employees;

(13) Insect and rodent evidence, harborage or outer opening present; or

(14) Toxic items not properly stored, labeled or used.

(h) In all instances of violations, the local health department shall give written notice to the tattoo operator specifying the violations and measures that are necessary to correct the violations. A copy of this notice/inspection sheet shall be signed by the studio and retained by the local health department. Payment of all registrations, fees or fines shall be payable to the local health department having jurisdiction for administrative costs.

(i) A tattoo studio shall pay a permit fee of two hundred eighty dollars ($280).

(j) If the permit fee is delinquent for more than thirty (30) calendar days, a penalty of one half (1⁄2) the permit fee shall be added to the fee. If a check is returned for any reason, a penalty of one half (1⁄2) the permit fee shall be added to the fee. The permit fee plus any penalty must be paid before the permit is issued.

(k) A percentage of permit fees, fines and penalties collected within a contract county pursuant to § 62-38- 202 shall be conveyed by contract to the respective county health department to assist the county health department in implementing the program in the local jurisdiction. This amount shall be calculated based upon fees collected in the contract county during the state’s fiscal year multiplied by ninety-five percent (95%).

History . Acts 1 996, ch. 1004, § 3; 1 999, ch. 22 9, §§ 4, 10-12; 2001, ch. 311, §5 .

62-38-203. Inspections — Work areas — Premises and equipment.

(a) Before a permit to operate a tattoo establishment is granted, the local health department or its duly authorized agent shall inspect the premises in which the business is to be conducted. If the condition of the premises or its equipment does not conform to the requirements of this part, the local health department shall refuse to issue a permit. If the tattoo establishment conforms to the requirements of this part, the local health department or its duly authorized agent shall issue the permit requested.

(b) Each studio where tattoos are administered shall provide a work area separate from any observers present. No smoking or eating shall take place in the tattoo work area. Clients shall be tattooed only while in the tattoo work area.

(c) Adequate restroom facilities for clients and operators shall be provided within each studio.

(d) A sink with hot and cold running water for handwashing and sterilization, other than a bathroom sink, shall be provided. Sinks shall be equipped with an antibacterial solution and single use towels.

(e) All waste products shall be disposed of in accordance with universal precaution guidelines. All needles or other sharp instruments shall be segregated from other wastes and placed in an approved sharps container.

(f) All furniture and fixtures necessary to the practice of tattooing shall be provided and constructed to ensure adequate cleaning and sanitation. Adequate lighting and ventilation shall be provided in the tattoo studio. Equipment necessary to provide for proper aseptic techniques and sterilization shall be provided, including an autoclave in good repair. Floors, ceilings, walls and restrooms shall be maintained in a sanitary condition. The studio and equipment shall be maintained in good repair and the premises shall be kept clean, neat and free of litter and rubbish.

History . Acts 1 996, ch. 1004, § 4.

62-38-204. Tattoo artist and operator registration, licensing and permits — Temporary and apprentice artists. [Effective on January 1, 2026. See the version effective until January 1, 2026.]

(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, 1 996, 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).

History . Acts 1996, ch. 1004, § 5; 1 999, ch. 22 9, §§ 5-7; 2001, ch. 311, §§ 6-8; 2025, ch. 1 9, §§ 2-4; 2025, ch. 212, § 1.

62-38-205. Temporary locations.

(a) A registered tattoo business may set up at temporary locations other than a tattoo studio, e.g., tattoo conventions, with the written approval of the local health department, for a period not to exceed ten (10) days; provided, that each artist not previously registered with the department of health shall register and pay a fee of fifty dollars ($50.00) to the department.

(b) Temporary facilities, e.g., tattoo conventions, shall be held to the same sanitary standards as those required of tattoo studios. Temporary facility permits shall be issued by the local health department, to include:

(1) An area where tattooing can be performed in a limited access location;

(2) Adequate sterilization equipment supplied;

(3) Waste receptacles and sharps containers supplied;

(4) Individual containers of water for each client in single use rinse cups; and

(5) Disinfectant sprays at each tattoo artist’s work area.

(c) A temporary tattoo artist registration may be issued for no more than fourteen (14) days. The holder of the studio certificate shall also sign for the temporary license from the department of health and all tattooing shall be under the auspices of the studio certificate holder and in compliance with this part. Artists may apply tattoos if a copy of the state application and a receipt for the fifty dollar ($50.00) fee is on display at the studio. The sterilization course, written examination and work experience shall be waived for the temporary permit. A temporary license is not transferable nor may it be renewed.

History . Acts 1 996, ch. 1004, § 6.

62-38-206. Posting studio certificate permit and copy of statutes.

(a) It is the duty of the owner or operator of a tattoo establishment to post the current studio certificate permit in a conspicuous place where it may be readily observed by the public.

(b) It is the duty of the owner or operator of a tattoo establishment to post a copy of the statutes contained in this part in a conspicuous place where it may be readily observed by the public.

History . Acts 1 996, ch. 1004, § 7; 2012, ch. 981, § 2.

Compiler’s Notes. Acts 2008, ch 803, § 5 provided that for purposes of carrying out the provisions of sections 1 and 2 of the act, which transferred provisions regarding the tattooing of minors from § 62-38-207 to new § 62-38- 211, the department of health is authorized to promulgate rules and regulations. The rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

62-38-207. Records — Signed acknowledgement by parent or guardian of minor — Attestations — Instructions.

(a)(1) A record showing the date of a client’s visit, the client’s name, with the client’s signature, address and date of birth, design of the tattoo, its location on the client’s body and the name of the tattoo artist who performed the service shall be maintained by tattoo studios for two (2) years.

(2) If tattooing services are provided to a minor pursuant to § 62-38-211, the tattoo artist performing such services shall obtain a signed acknowledgement from the minor’s parent or guardian that such parent or guardian has reviewed the statutes contained in this part, and the tattoo studio where such services are performed shall send a copy of both the signed acknowledgement and the record made pursuant to subdivision (a)(1) to the department. The department shall maintain any copy of a record and accompanying signed acknowledgement that it receives pursuant to this subdivision (a)(2) until two (2) years following the eighteenth birthday of the minor who is the subject of the record.

(b) Records shall be entered in ink and shall be made available to the local health department upon request, at a reasonable time, for examination.

(c) Clients receiving a tattoo shall attest to the fact that they are not under the influence of drugs or alcohol.

(d) Printed instructions on the care of skin shall be given to each client after tattooing and a copy of the instructions shall be posted in a conspicuous place in the tattoo studio.

History . Acts 1 996, ch. 1004, § 8; 2008, ch. 803, § 1; 2012, ch. 981, § 3.

62-38-208. Violation for operating without a permit or with a revoked or suspended permit.

(a) Any person who does not obtain a permit as required in § 62-38-202 or whose permit has been revoked or suspended and who continues to tattoo or operate a tattoo establishment commits a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).

(b) Any suspension or revocation may be appealed to the local health officer who shall then conduct a hearing of the appeal in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The decision made by the local health officer concerning the appeal may be appealed to the commissioner, the appeal to the commissioner being limited to the issue of determining whether a material error of law was made at the hearing level.

(c) The department is encouraged to utilize its existing resources to collaborate with local law enforcement to identify and assess administrative penalties against persons who violate this part.

History . Acts 1 996, ch. 1004, § 9;1 999, ch. 22 9, § 8; 2012, ch. 981, § 4.

62-38-209. Hygiene — Equipment — Bandaging, removal of tattoos.

(a) Each tattoo artist shall use a single use lap cloth.

(b) Each tattoo artist shall thoroughly wash the tattoo artists’s hands with an antibacterial solution and hot running water prior to and after administering any tattoo.

(c) Disposable, latex examination gloves shall be worn by a tattoo artist at all times while administering any tattoo. Gloves shall be changed and properly disposed of each time there is an interruption in the application of a tattoo or whenever their ability to function as a barrier is compromised.

(d) Only single use supplies or sterilized equipment may be used to apply a tattoo and shall be disposed of after each tattoo. This subsection (d) includes single use disposable razors, single use towels or wipes, lubricants from a collapsible tube and single use paper stencils or plastic stencils soaked in a germicidal solution. If the design is drawn directly onto the skin, it shall be applied only with a single use article. Dyes or pigments should be manufactured for the sole purpose of tattooing. Single use or individual portions of dye and ink pots or trays shall be used. After tattooing, single use items, dyes and containers shall be discarded and the tattoo area disinfected.

(e) All tubes and needles should be sealed for individual client use in autoclave bags with an autoclave indicator and date of sterilization clearly visible. Autoclave bags may be stored for use for up to one (1) year. Autoclave sterilization minimum standards shall mean holding in an autoclave for twenty (20) minutes, at fifteen pounds (15 lbs.) pressure, at a temperature of two hundred sixty degrees fahrenheit (260° F .) or one hundred twenty-seven degrees celsius (127° C). After tattooing, used nondisposable instruments such as tubes shall be kept in a separate, puncture resistant container until properly cleaned, disinfected and sterilized using universal precautions and recognized medical methods.

(f) Each tattoo shall be bandaged, when applicable, before leaving the tattoo studio.

(g) No tattoo artist shall remove or attempt to remove any tattoo.

History . Acts 1 996, ch. 1004, § 10.

62-38-210. Local regulations superseded — Applicability to physicians and surgeons.

(a) This part shall supersede all county and local regulations concerning tattooing to give uniformity in compliance within this state.

(b) This part does not apply to any physician, surgeon or any person under the supervision of a physician or surgeon who is licensed to practice medicine in this state.

(c) The commissioner shall promulgate rules governing implementation of this chapter.

History . Acts 1 996, ch. 1004, § 11; 1 999, ch. 22 9,§ 9; 2012, ch. 981, § 7.

62-38-211. Tattoos for persons under 18 years of age — Reporting tattooing of minors — Tattoos to cover up existing tattoos for minors 16 years of age or older — False statements of age or exhibiting false identification by minors for purpose of obtaining tattoos.

(a) Except as provided in subsection (c), it is a Class A misdemeanor to tattoo a person under eighteen (18) years of age.

(b)(1) Any parent, legal guardian, teacher or medical provider or school resource officer for a minor under eighteen (18) years of age, who discovers that a minor has been tattooed is encouraged to report such discovery to the department within three (3) weekdays of making such discovery . Any report made pursuant to this subdivision (b)(1) shall be accompanied by the following information, to the extent that such information is known to the person making the report: (A) The name, mailing address, telephone number, and email address of the minor’s parent or legal guardian; and (B) The name, mailing address, telephone number, and email address of the person who tattooed the minor.

(2) Within fourteen (14) days of receiving a report that is made pursuant to subdivision (b)(1), which report includes the name and mailing address of the parent or legal guardian of the minor who is the subject of the report, the department shall provide to the minor’s parent or legal guardian, by first class United States mail, a written acknowledgement of receipt of the report.

(3) The department shall establish by rule a process whereby the reports that are required by this subsection (b) may be made by telephone. The department is authorized to establish by rule processes whereby the reports that are required by this subsection (b) may be made in person or by mail, email or other means of communication.

(c)(1) With the written consent of the parent or legal guardian, a minor sixteen (16) years of age or older may be tattooed to cover up an existing tattoo. A parent or legal guardian must present proof of guardianship or custody of the minor, an acknowledgement of receipt of a report provided pursuant to subdivision (b)(2), and must be present during the procedure.

(2) For purposes of subdivision (c)(1), “proof of guardianship or custody” includes a copy of an order of guardianship, a decree for custody , a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health.

(d) Any person under eighteen (18) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is eighteen

(18) years of age or older to any person providing tattoo services licensed or permitted under this part for the purpose of purchasing or obtaining the same commits delinquent acts taken through juvenile courts and the person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived.

History . Acts 2008, ch. 803, § 2; 2012, ch. 981, § 5.

Compiler’s Notes. Acts 2008, ch 803, § 5 provided that for purposes of carrying out the provisions of sections 1 and 2 of the act, which transferred provisions regarding the tattooing of minors from § 62-38-207 to new § 62-38- 211, the department of health is authorized to promulgate rules and regulations. The rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

62-38-212. Possession of tattoo paraphernalia.

(a) For the purposes of this section, “tattoo paraphernalia” includes, but is not limited to, any equipment, design patterns or needles used or intended for use in tattooing, whether professionally made or homemade, with the intent to permanently mark or color the skin with any pigment, ink, or dye that leaves a visible scar on the skin.

(b)(1) Except when used or possessed with the intent to use by a person licensed under this part, it is unlawful for any person to use, or to possess with intent to use, tattoo paraphernalia.

(2) Any person who violates this subsection (b) commits a Class A misdemeanor.

History . Acts 2012, ch. 981, § 6.

62-38-213. Age requirements for purchase of tattoo paraphernalia — Possession prohibited for persons under 18 — Penalty — Proof of age required.

(a) As used in this section:

(1) “Proof of age” means a driver license or other generally accepted means of identification as determined by the commissioner by rule that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid; and

(2) “Tattoo paraphernalia” has the same meaning as defined in § 62-38-212(a).

(b) It is an offense to sell or distribute tattoo paraphernalia to a person under eighteen (18) years of age or to purchase tattoo paraphernalia on behalf of a person under eighteen (18) years of age.

(c) A person who is under eighteen (18) years of age shall not purchase or accept receipt of tattoo paraphernalia, or present or offer to a person purported proof of age that is false, fraudulent, or not actually that person’s own for the purpose of purchasing or receiving tattoo paraphernalia.

(d) A violation of subsection (b) is a Class A misdemeanor.

(e) A violation of subsection (c) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00).

(f) Each violation of subsection (b) or (c) is a separate offense.

(g) This section does not preclude law enforcement efforts involving the use of a person under eighteen (18) years of age if the person’s parent or legal guardian has consented to this action.

(h) A person who is under eighteen (18) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this section is not subject to sanctions under subsection (e).

(i) A person engaged in the sale or distribution of tattoo paraphernalia shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty

(30) years of age. In the case of distribution by mail, the distributor of the tattoo paraphernalia shall obtain from the addressee as proof of age an affirmative statement that the person is eighteen (18) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing tattoo paraphernalia to a person under eighteen (18) years of age.

History . Acts 2023, ch. 90, § 1.

62-38-214. Immunity for licensed professionals and employers in human trafficking response and referrals. [Effective January 1, 2026.]

(a) A person who holds a license under this part, and the employer of that person, who responds to signs of human trafficking with a client, refers a client to resources for victims of human trafficking, or fails to respond or refer is not civilly or criminally liable for those actions or inactions.

(b) A person who holds a license under this part, and the employer of that person, who responds, refers, or fails to respond or refer as described in subsection (a) is not subject to any action by the department because of those actions or inactions.

History . Acts 2025, ch. 1 9,§ 5 .