In this section I would like to talk about all the new and old licensing requirements, ordinances,and regulations regarding piercing and tattooing. As this industry becomes more mainstream and noticed by the general public, it also becomes a major point of interest in legislation. AS a professional in the field, I have been following different state and local governments growing interest in the business. Many times I am left asking myself, "Is this ordinance discriminatory? Are these licensing requirements misleading the public about technicians skill? Do other business entities have
At A Glance Author anonymous Contact [email protected] this many loops to jump through?" I am all for following OSHA requirements for this kind of business. I am also very supportive of the health department checking business practices and studio maintenance. If you are doing everything correctly, why would you mind, right? Right. I have enjoyed taking OSHA classes, talking with other professionals about work practices and acquiring new information as it becomes available.
In the state I work in, I follow local and state laws concerning the piercing of minors. As of now, no piercing can be performed on a minor without parental consent. I do not pierce minors without proper identification from both the minor and the parent (photocopied.)I do not do tongue piercing, nipple piercing or genital piercings on minors no matter what. I will not pierce minors unless the parent is in the operatory during the procedure, and still only certain circumstances.
The piercing of minors brings up many legal and ethical issues. I received my first piercing at the age of 14 years (nostril.) Would it make me a hypocrite to refuse this piercing to minors? Yes. What about the tongue piercing? In this state is construed as sexual misconduct on a minor. Is this really a sex offense? I believe not, yet I will not perform them. What about the relationship issues of parent to child who receive piercings together? Do you want legislators telling you what is safe and good for your child? Have they considered that an open relationships and bonding experiences are very important to the family unit?
Ordinances relating to piercing and tattooing range from city to state and beyond. Many cities across the country have instilled zoning ordinances for this business. This entails hiring a lawyer to get the required permission and permits from the neighborhood to "set up shop." Very few business outside of piercing and tattooing have to go to this length. It seems a little bit discriminatory, that only businesses like this, have to fight for the right to pursue the American dream of owning your own business.
Many small townships and cities who have yet to have piercing or tattoo studios in the city limits, or do not want any more, are now creating ordinances to stop it from happening. In a suburb of Chicago, you must have a medical doctor on staff to perform any type of piercing or tattooing. I know there are some medical professionals in this field, but this ordinance makes it very difficult to the most of us who are not M.D.'s. I was also just reading about a city on the east coast that has restricted anyone from performing genital piercings within city limits. This is blatant disregard for peoples rights to do to their bodies what they want. What if the only reputable studio is within the city limits? Are the clients of that studio forced to go somewhere a little more risque due to this ordinance? Is the tax money enforcing these ordinances really going to protect the average client or to discriminate against certain practices?
With government officials promising to keep the general public safe, many state have issued licensing requirements for the piercing and tattooing professional. There are licensing requirements for many fields of work. Many professionals seek schooling, be it trade or college level, to meet the requirements of being a licensed professional. These requirements will vary state to state field to field. There are no trade schools for body piercing or tattooing anywhere in this country. There are plenty of places one can seek out for seminars, intensives or apprenticeships, however. There are many ways to become a professional and many different skill levels. Licensing has become a very real issue for many of us. It has caused court battles and financial strain for small business owners. One studio, for example, went to court to fight against the psychological evaluating/testing of tattooists. They won fortunately, but this same sort of discrimination and absurdity is prevalent in many municipalities.
In the state I work in there are no licensing requirements besides the normal business license. In the state I border, however, licensing is required for all piercing and tattooing professionals. This may sound just fine and dandy until you learn what the requirements are.
Tattooist in the state of Oregon are required to train under certain appointed teachers. These trainers may charge whatever they feel necessary to help these apprentices, whether they are established artists or not, to fill the requirements. A tattooist may have to pay thousands of dollars to be written off as finishing an apprenticeship even though they may have been a respectable professional for years. Then, the afore mentioned must take a state test dealing with dermatology and other aspects of aseptic procedure. Still doesn't so bad, right? Well, let me tell you that to become a piercer one must only be over 18 and pay the licensing fee of $300. This is completely misleading to the general public. Most people believe that licensing accounts for technical skill. Oh, contrare.
On a recent trip to Illinois, I find that licensing has taken a toll on the industry. Requirements for licensing on an establishment exceed $5000. This doesn't include technicians license and zoning permits. At least the testing for piercers is practical from what I hear. My issue with their requirements have to do with membership to APP. Although this requirement is not set in stone yet, I wonder how legislation decided that APP membership should be required of piercers.
For those of you who do not know, The APP is a not for profit organization dedicated to presenting a good and informative image to the public on body piercing and to link professionals to each other. I have attended one conference which included many seminars. It was well put together, informative and fun. I have yet to go again only due to financial difficulty.
On the other hand, I do not think the APP should be the deciding factor for licensing. One reason is I believe some of their procedural standards are a little lenient. I also do not think an organization that accepts piercers on their studio space not technical skill is a little questionable. Don't get me wrong I do think they try real hard at being a professional organization. I do think they are informative, but I have had quite a bit of trouble receiving paid for literature on time and within in said agreement. I have not wished to pay for a membership due to the inconsistencies I ran into with them financially. Do not take these words as slanderous, for this is only 2 small occurrences. Make your own decisions.
To close with, I call to all professionals, business owners and general public to take an active interest in your states or city's legislative process. We need to stand together and help each other out. These legislative tendencies are often fattening the pockets of our governments instead of fighting for equality and safety. It seems
licensing and ordinances are there to tap into what used to be an untouched industry for capital gain. How is your state/ city handling the issues? Replies will be consolidated in the next issue of Licensing: Safety vs. Capitol Gain, as well as links to documentaion I am collecting.
Good luck to all!