Florida statutes make it unlawful for anyone to tattoo the body of a human being unless the tattooist is licensed to practice medicine or dentistry or is operating under the general supervision of such a licensed person as defined by the Board of Medicine (Fla. Stat. Ann. § 877.04). The statute goes on to make violation of this provision a second degree misdemeanor, and it prohibits tattooing a minor without the written notarized consent of the parent or legal guardian. Finally, the statute requires the Department of Professional Regulation to recommend to the 1993 Florida Legislature the appropriate level of regulation for persons practicing tattooing. We have obtained a copy of this report and will share it with you if you wish, but we have been told by Ron Watson, legislative specialist with the Department of Business and Professional Regulation, that the legislature chose to make no changes in Florida's law subsequent to receiving the report.

The Board of Medicine's regulations define the term "general supervision" to mean the supervision of a tattooist by a physician, osteopath, or dentist which does not require the physical presence of the supervisor when procedures are performed, but which does require:

1. a semi-annual review and inspection by the supervisor of the tattooist's techniques, procedures, and equipment;

2. quarterly training by the supervisor of the tattooist in infection control, sterilization, and emergency procedures; and

 

3. development by the supervisor and the tattooist jointly of written procedures regarding the medical condition for individuals to receive tattoos, treatment of routine minor problems resulting during the tattooing, and detailed procedures to be followed during the performance of or as a result of tattooing.

 

These written procedures must be maintained in a readily available location on the tattooing premises and the supervisor must keep a copy. These written procedures must be readily available for inspection and review by the Department of Professional Regulation, the Board of Medicine, the Board of Osteopathic Examiners, and the Board of Dentistry (Fla. Admin. Code § 21 M-29.002).