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Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section. (A) The department must promulgate regulations as required by Section 44-34-20 and such other regulations as may be necessary but which do not conflict with the provisions of this chapter. Grounds for revocation, suspension, or refusal to issue or renew license. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.(D) A person who has his or her body tattooed while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees. (B) This chapter does not limit the department's ability to require a potential licensee to obtain any business license or permit that the department finds appropriate. The department may revoke, suspend, or refuse to issue or renew a license pursuant to this chapter and invoke a monetary penalty upon evidence as determined by the department that the licensee of the facility under this chapter has: (1) failed to maintain a business address or telephone number at which the tattoo facility may be reached during business hours; (2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations; (3) obtained a tattoo facility license through fraud or deceit; or (4) violated any applicable law or regulation. (D) Tattooing may not be performed on skin surfaces having a rash, pimples, boils, keloids, sunburn, open lesions, infections, or manifest any evidence of unhealthy conditions.(C) A tattoo artist must verify by means of a picture identification that a recipient is at least eighteen years of age. (B) The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.For purposes of this section, "picture identification" means: (1) a valid driver's license; or (2) an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. Promulgation of regulations; business licenses and permits. This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State. (C) Tattooing may not be performed upon a person impaired by drugs or alcohol.(C) A tattoo facility may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing. (A) A tattoo artist must comply with the following infection control measures or standards at all times: (1) wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure; (2) when necessary to perform a procedure on certain individuals who must undergo shaving of hair, use only a single-use disposable razor and clean the skin with a liquid germicidal solution approved by the department and used in accordance with the manufacturer's directions; (3) use single-use sterile disposable gloves when setting up equipment and single-use sterile disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect; (4) when conducting a procedure, use single-use disposable needles and injection equipment which are designated and sterilely packaged as single-use only, and these needles and injection equipment must never be cleaned or reused in any manner on another client; (5) properly sterilize by autoclave all reusable instruments and other tattooing items other than inks and sterilely packaged and labeled with the date of sterilization and a sterile indicator; (6) prior to any direct contact with the client, place in a sterile manner all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure.Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques.
(D) Each tattoo facility must keep a current written log for the previous two years of autoclave use including, but not limited to, the date and time of use and results of sterilization spore test strip tests performed at least monthly.
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As used in this chapter: (1) "Department" means the Department of Health and Environmental Control.
This notice also must appear in any informed consent or release form utilized by a tattoo artist.
This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site; (2) the tattoo facility license issued by the department. (A) It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of eighteen years.