Oklahoma § 21-842.1 - Performing or offering to perform body piercing or

§ 21-842.1. Performing or offering to perform body piercing or

tattooing on child under 18 years—Definitions.

A. It shall be unlawful for any person to perform or offer to

perform body piercing or tattooing on a child under eighteen (18)

years of age. No person under eighteen (18) years of age shall be

allowed to receive a tattoo. No person under eighteen (18) years of

age shall be allowed to receive a body piercing procedure unless the

Oklahoma Statutes - Title 21. Crimes and Punishments

parent or legal guardian of such child gives written consent for the

procedure, and the parent or legal guardian of the child is present

during the procedure. No person shall be allowed to purchase or

possess tattoo equipment or supplies without being licensed either

as an Oklahoma medical micropigmentologist or as an Oklahoma tattoo

artist.

B. Tattooing shall not be performed upon a person impaired by

drugs or alcohol. A person impaired by drugs or alcohol is

considered incapable of consenting to tattooing and incapable of

understanding tattooing procedures and aftercare suggestions.

C. It shall be unlawful for any person to perform or offer to

perform scleral tattooing upon a person.

D. As used in this section and Sections 842.2 and 842.3 of this

title:

1. "Body piercing" means a procedure in which an opening is

created in a human body solely for the purpose of inserting jewelry

or other decoration; provided, however, the term does not include

ear piercing;

2. “Tattooing” means the practice of producing an indelible

mark or figure on the human body by scarring or inserting a pigment

under the skin using needles, scalpels, or other related equipment;

provided, that medical micropigmentation, performed pursuant to the

provisions of the Oklahoma Medical Micropigmentation Regulation Act,

shall not be construed to be tattooing;

3. “Body piercing operator” means any person who owns,

controls, operates, conducts, or manages any permanent body piercing

establishment, whether actually performing the work of body piercing

or not. A mobile unit, including, but not limited to, a mobile

home, recreational vehicle, or any other nonpermanent facility,

shall not be used as a permanent body piercing establishment;

4. “Tattoo operator” means any person who owns, controls,

operates, conducts, or manages any permanent tattooing establishment

whether performing the work of tattooing or not, or a temporary

location that is a fixed location at which an individual tattoo

operator performs tattooing for a specified period of not more than

seven (7) days in conjunction with a single event or celebration,

where the primary function of the event or celebration is tattooing;

5. "Artist" means the person who actually performs the body

piercing or tattooing procedure;

6. “Apprentice” means any person who is training under the

supervision of a licensed tattoo artist. That person cannot

independently perform the work of tattooing. Apprentice also means

any person who is training under the supervision of a licensed body

artist. That person cannot independently perform the work of body

piercing; and

7. “Scleral tattooing” means the practice of producing an

indelible mark or figure on the human eye by scarring or inserting a

Oklahoma Statutes - Title 21. Crimes and Punishments

pigment on, in, or under the fornix conjunctiva, bulbar conjunctiva,

ocular conjunctive, or other ocular surface using needles, scalpels

or other related equipment.

E. Sections 842.1 through 842.3 of this title shall not apply

to any act of a licensed practitioner of the healing arts performed

in the course of practice of the practitioner.

F. Any person violating the provisions of this section shall be

punished as provided in Section 842.2 of this title.

Added by Laws 1998, c. 123, § 1, eff. Nov. 1, 1998. Amended by Laws

2006, c. 141, § 1, eff. Nov. 1, 2006; Laws 2009, c. 319, § 1, eff.

July 1, 2009.