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Regulated
49
Unregulated
2

Scarification Legal States 2024

Scarification Legal States 2024

Scarification Legal States 2024

  • As of 2024, scarification is legal in every state in the US. However, it is often regulated in the same manner as tattoos, piercings, and other body modifications.
  • Most states forbid body modifications upon minors unless given formal consent by their parent or guardian.
  • Most states require the modification artist to maintain a permit and/or license to perform any body modifications.
  • Most states have a governing department of health regulating body modifications.
  • Even in states that permit scarification on a state level, the act of applying scarifications may be further regulated or restricted on a county, municipal, or local level. For example, Codified Ordinance 712.05 of Fairborn, Ohio forbids businesses to perform branding or scarification.
  • Laws on scarification may change with little notice. Interested parties are advised to confirm legality with local authorities.

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State
Scarification Legal Status
ColoradoUnregulated
  • §19a-92a The Department of Public Health does not have jurisdiction over body piercing.
NevadaUnregulated
  • State of Nevada does not regulate tattoo or piercing shops.
AlabamaRegulated
  • §22-1-17A Prohibits anyone from performing a tattoo, brand or body piercing on a minor unless prior written informed consent is obtained from the minor’s parent or legal guardian.
AlaskaRegulated
  • §08.13.217 Prohibits anyone from practicing body piercing on a minor without prior written approval from the minor’s parent or legal guardian and the presence of the parent or legal guardian during the body piercing procedure.
ArizonaRegulated
  • § 13-3721 Establishes that it is unlawful to either tattoo or pierce anyone under age 18 without the physical presence of the parent or legal guardian.
ArkansasRegulated
  • § 20-27-1501 Tattoo and permanent cosmetic artists are required to be certified; the law addresses body piercing as a form of body art; requires an annual license fee for tattoo, body piercing and permanent cosmetic artists/shops.
CaliforniaRegulated
  • §119300 The California Conference of Local Health Officers shall establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing, or permanent cosmetics.
ConnecticutRegulated
  • § 47–2853.76d
  • (a) Body art technicians shall perform body art procedures in a licensed body art establishment.
  • (b) Body art technicians shall use single-use disposable sharps, pigments, gloves, and cleansing products while performing body art procedures on each client.
  • (c) Verbal and written instructions for the care of the tattooed, pierced, or other modified sites on the body shall be provided by the body artist to each customer upon the completion of the procedure. The written instructions shall advise the customer to consult a physician at the first sign of infection or other adverse reaction and shall contain the name of the body artist and the name, address, and telephone number of the establishment.
DelawareRegulated
  • Del. Code Ann. Title 16, Ch 2 §122(3)(w) Establish standards for the sanitary operation of tattoo parlors and body piercing establishments. For purposes of this paragraph, “tattoo parlor” means a person or business that makes permanent marks on human skin by puncturing the skin and inserting an indelible color or by producing scarring.
District of ColumbiaRegulated
  • § 47–2853.76e No person shall perform or offer to perform body art procedures, hold him or herself out as a practitioner of or entitled or authorized to practice body art procedures, assume any title of “body artist” “tattooist,” “tattoo artist,” “body-piercer,” “body-piercing artist,” or “body modification artist,” and the like, use any words or letters, figures, titles, signs, cards, advertisement, or any other symbols or devices indicating or tending to indicate that the person is authorized to perform such services, or use other letters or titles in connection with that person’s name which in any way represents himself or herself as being engaged in the practice of body art, or authorized to do so, unless the person is licensed by and registered with the Mayor to perform body art procedures in the District of Columbia.
FloridaRegulated
  • § 381.0075 Regulation of body-piercing salons
GeorgiaRegulated
  • § 31-40-1 to 31-40-10 Tattoo Studio
HawaiiRegulated
  • § 321-13 Sets forth public health requirements for tattoo licensing and operations.
IdahoRegulated
  • § 18-1523 Prohibits the tattooing, branding or body piercing of minors under the age of 14. Prohibits the tattooing, branding or body piercing of anyone between the ages of 14 and 18 without the written informed consent of the minor’s parent or legal guardian. Written informed consent must be executed in the presence of the person performing the act or an employee or agent of that person. Piercing of the ear lobes and piercing for medical purposes are exempted from this legislation.
IllinoisRegulated
  • §54/1 t0 54/999 Provides for public health, safety and welfare requirements for tattoo and body piercing establishments.
IndianaRegulated
  • §16-19-3-4.1 Provides a guide for the sanitary operations of tattoo and body piercing facilities in Indiana.
IowaRegulated
  • §135.37 Permit and operational requirements for tattooing establishments and tattoo artists
KansasRegulated
  • §65-1940 to 65-1954 No person, including a tattoo artist, cosmetic tattoo artist or body piercer, shall perform tattooing, cosmetic tattooing or body piercing on another person, display a sign or in any other way advertise or purport to be a tattoo artist, cosmetic tattoo artist or body piercer unless that person holds a valid license issued by the board.
KentuckyRegulated
  • §194A.050; 211.760 The Department for Public Health, Division of Public Health Food Safety Branch develops the statewide Tattoo, Body Piercing and Ear Piercing Program plans, objectives, policies and procedures and helps local health departments carry out state law. The program register tattoo artists and body and ear piercers and certify studios.
LouisianaRegulated
  • § 40:2831 et seq. Each facility engaging in tattooing, body-piercing, or other CBA activities is required to be permitted in accordance with these regulations and each person performing said tasks must be registered with the state.
MaineRegulated
  • §4321 to 4329 A Department of Health and Human Services license is required for any person who practices the art of body piercing, comprising creation of an opening in the body of a human being for the purpose of inserting jewelry or decorations.
MarylandRegulated
  • §09.22.02.03(F) Dept of Health and Mental Hygiene prohibit tattoing in salons.
MassachusettsRegulated
  • Body Art regulations (body piercing, tattooing and branding/scarification) have been drafted and reviewed setting forth a model code for the practice of body art and for the maintenance and operation of body art.
MichiganRegulated
  • § 333.13101 to 333.13112 Duties of a person who owns or operates a body art facility; Section 333. 13104. Tattooing, branding, or performing body-piercing; licensure of body art facility required; application; form; issuance; duration; fees.
MinnesotaRegulated
  • §146B.07 (c) No nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation shall be performed by any technician on any individual under the age of 18 regardless of parental or guardian consent.
MississippiRegulated
  • §73-61-1 et seq. It shall be unlawful for any individual to perform tattooing and/or body piercing upon any person for compensation with the state without possessing a current and valid Certificate of Registration issued by the Department of Health.
MissouriRegulated
  • §324.520 to 324.526 No practitioner of tattooing, body piercing or branding shall practice and no establishment in which tattoos, body piercing or brandings are applied shall be operated without a license issued by the director of the division of professional registration.
MontanaRegulated
  • §§50-48-101 to 110; §§50-48-201 to 209 The regulation of tattooing and body piercing establishments is required to protect public health and safety.
NebraskaRegulated
  • § 71-3401 to 71-3238 Cosmetology, Electrology, Esthetics, Nail Technology and Body Art.
New HampshireRegulated
  • §§ 314-A:1 tp 314-A:13 It shall be unlawful for any person to practice body piercing, branding, or tattooing without a license
New JerseyRegulated
  • N.J.A.C. 8:27-1 et seq. Establishes sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, permanent cosmetics, and ear and body piercing in order to protect the public’s health.
New MexicoRegulated
  • § 61-17B-1 et seq. The purpose of the Body Art Safe Practices Act is to provide a safe and healthy environment for the administration of body art.
New YorkRegulated
  • §460-466 Regulation of Body Piercing and Tattooing.
North CarolinaRegulated
  • § 14-400 Tattooing; body piercing of a minor prohibited.
North DakotaRegulated
  • §23-01-35 Tattooing, body piercing, branding, subdermal implants, or scarification–Adoption of Rules.
OhioRegulated
  • §3730.01 to 3730.99 Tattooing or Body Piercing Services.
OklahomaRegulated
  • §842.1, 842.2, 842.3 All body piercing operators, tattoo perators and artists shall be prohibited from performing body piercing or tattooing unless licensed in the appropriate category by the State Department of Public Health.
OregonRegulated
  • § 690.350 et seq.; Or. Rev. Stat. § 690.401 to 410 Body Art Practitioners. Board of Body Art Practitioners.
PennsylvaniaRegulated
  • § 6311 It is unlawful to provide tattoo or body piercing services to anyone under age 18 without the consent of the parent or guardian who is present at the time of the procedure.
Rhode IslandRegulated
  • § 23-1-39 The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments.
South CarolinaRegulated
  • § 44-32-10 to 44-32-120 Prohibits anyone from performing body piercing on an individual under age 18.
South DakotaRegulated
  • § 9-34-17 Any municipality may regulate the practice of tattooing and body piercing by licensing tattoo artists and practitioners of body piercing, inspecting tattoo and body piercing establishments, and establishing standards for sanitation that are at least as stringent as those adopted by the Department of Health
TennesseeRegulated
  • §§ 62-38-201 to 62-38-212; §§ 62-38-301 to 62-38-310 Tattoos and Body Piercing.
TexasRegulated
  • §146.001 et seq. A person may not conduct, operate, or maintain a tattoo studio unless the person holds a license issued by the department to operate the tattoo studio.
UtahRegulated
  • §76-10-2201 Prohibits anyone from performing or offering to perform a tattoo or body piercing upon a minor without receiving the consent of the minor’s parent or legal guardian. Establishes that a person is not guilty of a violation if he or she had no actual knowledge of the minor’s age and reviewed, recorded and maintained a personal identification number for the minor prior to performing the body piercing or tattoo.
VermontRegulated
  • §4101 to 4109 Prohibits anyone from tattooing a minor without the written consent of his or her parent or guardian.
VirginiaRegulated
  • §15.2-912 Any locality may by ordinance regulate the sanitary condition of the personnel, equipment and premises of tattoo parlors and body-piercing salons and specify procedures for enforcement of compliance with the disease control and disclosure requirements of § 18.2-371.3.
WashingtonRegulated
  • §70.54.320 to 70.54.350 The secretary of health shall adopt by rule requirements, in accordance with nationally recognized professional standards, for precautions against the spread of disease, including the sterilization of needles and other instruments, including sharps and jewelry, employed by electrologists, persons engaged in the practice of body art, body piercing, and tattoo artists. The secretary shall consider the standard precautions for infection control, as recommended by the United States centers for disease control, and guidelines for infection control, as recommended by national industry standards in the adoption of these sterilization requirements.
West VirginiaRegulated
  • §16-37-1 Body Piercing Studio Business
WisconsinRegulated
  • §252.23 Department of Health Services shall provide uniform, statewide licensing and regulation of tattooists and uniform, statewide licensing and regulation of tattoo establishments under this section. The department shall inspect a tattoo establishment once before issuing a license for the tattoo establishment under this section and may make additional inspections that the department determines are necessary.
WyomingRegulated
  • §14-3-107 Defines “body-art” as the practice of body piercing, branding scarification, sculpting or tattooing. Prohibits any person from performing body-art on any person who has not reached the age of majority, except with the consent of the person’s parent or legal guardian who is present at the time the procedure is performed. Age must be verified with specified identification.
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