Summary of 5/12/14 MDH Public Body Art Meeting
Topic*
A
What's the issue?
Only 200 hours of supervised
experience are required for an
individual to attain full licensure
as a body art technician.
Summary of Comments
200 hours is not enough time to become a full technician.
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The requirement of 200
supervised hours to attain full
licensure does not work well
when applied to piercing.
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Minimum across the board – 2000 hours – at least this long – could be adjustable
Its short, but 200 hours is a good starting point; maybe a little short.
Too long if you’re coming from another state where you’re licensed already.
Depends on size of shop/volume – but at least 1 year.
Even 2,000 hours wouldn’t be enough. Hair stylists have to have 4,080 hours – may be comparable,
but maybe even more for tattooing, which is permanent.
The time it takes to get a license is not related to health.
Change hours to number of piercings. Different categories.
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The requirements could be a certain number of piercings since it only takes a small amount of time
to complete the piercing.
The piercer should be could be required to perform a certain number of each type of piercing.
Requiring a certain amount of all types of piercing would make things difficult.
A piercer may choose to only do certain types of piercing and if they were required to perform all
types under the temporary technician license it may take a long time to get enough experience to
meet all types of piercing requirements.
Facial, oral, ears, genital, microdermals/surface – could require a certain number in each of those
categories.
Might make sense to have different levels or types of piercing licenses – so rarer/more difficult
piercings wouldn’t hold up an overall license (you could get a supplemental or specialty license, for
example).
But lots of variables – types of piercings vary – so should be # of certain types of piercings.
Makes more sense to base on # rather than hours.
Page 1 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
There is no limit to how many
hours an apprentice can work on
one day.
Working long hours poses safety
issues.
Unaware of number of applicants submitting hours in excess of 8 per day. In favor of not accepting
excessive hours for application, but not restricting working hours.
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The situation of apprentices (or regular technicians) having to work super long hours doesn’t really
apply to Minnesota that much – it’s not like Las Vegas or Los Angeles, when you have overtime
shifts.
Most are 8-9 hour shops.
Even if the shop goes longer, usually don’t have apprentices working all that time.
Fatigue can set in regardless of level of experience.
Setting an 8-hour/day limit for apprentice makes sense, but not for more experienced people.
Tattoos especially can take a long time – sometimes you just can’t cut it short.
Limit the number of hours they apply to their license (no more than 40-50 hours), but not
necessarily how long they can work in the shop.
It’s actually good if they want to be around to soak in as much as they can, but not so they can cram
in time toward their license.
The term "apprentice" would be
more accurate than "temporary"
when applied to individuals
learning to perform body art.
No disagreements.
The law allows only two years of
working as a temporary or
apprentice.
This may not be adequate to
satisfy supervisor that
apprentice/temp is ready or to
allow apprentice/temp to acquire
enough hours.
Comments were split pretty evenly on keeping temporary licensing at two years and increasing it.
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Two years can get in 200 hours (x4). Two-four years.
NO ADDITIONAL TEMP license if cannot get 200 hours in less than 2 years.
Real problem is 200 hours not clearly defined; not number of temp licenses.
Not everyone is full time.
Could make it even longer so everyone has enough time that they need to do it.
Average apprenticeship is 2-3 years.
Two should be enough.
You should be allowed to have more than two because things happen in people’s lives that are not
always predictable.
Page 2 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
S
S
Body art law does not prevent
someone from simultaneously
acting as a supervisor of one art
form and an apprentice of
another.
Body art Law places no
restrictions on who can act as a
supervisor, allowing newly
minted licensed artists, with just
200 hours of experience, to
supervise.
Most responses given agreed that supervisors should not apprentice at the time of supervising.
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Most responses given agreed that there should be a waiting period between full licensure and the
ability to take on an apprentice. Should be a waiting period. Two years is too short.
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Body art law does not limit the
number of apprentices a
supervisor may have at one time.
S
Teaching and supervising is too much for supervisors; they can't do a good job for apprentices. If
very experienced in one area, could effectively apprentice in another.
Supervisors should not be in an apprenticeship at the same time.
No, supervisor needs to be focused-spend time supervising.
Absolutely not.
Minimum 5 years for a tattooist, some thought 8 years.
Less for a piercer, depending on how many piercings they have done.
Should be based on experience, not a set of hours or years.
2 years minimum, you need to work with your craft before you know what you are doing.
No more laws and regulations are needed.
1 year minimum for piercers, 2-3 for tattooists.
Community standards not feasible. Should wait at least 3 years after official license.
3 years after continuously full licensing. Traditionally in the industry, you’re not supposed to
apprentice someone until you’re really established in your career.
At least 5-10 years before able to supervisor – at least 3 years – but some length of significant time.
Five years seems best – probably most practical.
Most commented for the need to cap the amount of apprentices a supervisor can have.
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One at a time—need to be able to focus on apprentice.
Can’t give 100% with more than one apprentice. One apprentice per artist allows more attention to
the apprentice.
OK to have >1 apprentice per shop (?), but not >1 per technician—not fair to apprentice, supervisor,
or client.
For tattooist one supervisor to one apprentice. To do it right, one to one.
For tattoo everyone thought that they should only be able to supervise one person at a time.
A shop may have five piercers and these five can supervise 3 – 4 apprentices easily between the five
piercers.
Page 3 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
S
The law does not provide any
guidance about the level of
supervision required for an
apprentice, other than that the
supervisor must be present.
Different ideas on what supervision means. It needs defining so no confusion remains.
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The law does not clearly give
MDH authority to deny an
application for an establishment
license based upon the actions of
the applicant.
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Supervision depends on whether you’re also teaching too – instruction – need more
emphasis/clarity on role of supervisor, including that it needs to involve instruction.
Word “instruction” needs to be in the definition of “supervision”– e.g., add “one on one instruction
before, during, after.
Not clear where apprenticeship and supervision overlap or are different – gets “iffy.
”Present should mean right there as work is being done – not right up in their face – but watching so
that immediate feedback can be provided.
Supervision should be a formal process. Supervision means being mindful of customers, knowing
they’re OK, knowing the situation is safe.
Some offenses or behavior warrant denial of an establishment license, but only offenses that relate
directly to tattooing or piercing.
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MDH should be able to deny an application for an establishment license if the criteria are clear and
the offenses related directly to the profession.
If you’ve been sentenced and served time for a past offense, you’ve done your time.
Should have to disclose felony convictions, but a conviction should not necessarily be a bar.
Offenses that would justify denial include tattooing a minor; tattooing out of a home; or having
been fined or closed down for health and safety issues such as reusing needles.
General agreement that sexual offenses warrant denial.
Should be case-by-case basis: need to consider time of offense, intent, the nature of the offense.
A conditional license should be an option.
If no issues arise, the condition should be removed.
Need to distinguish between owner and operator.
Who is responsible for a particular violation?
Repeat offenses are the most serious concern.
Page 4 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
Establishments that were licensed but have lapsed are different and should be treated differently
than sites that have never been licensed.
E
Under the law, establishments
with lapsed licenses are no
different than sites that have
never been licensed.
Initial inspection should be conducted sooner than has been the practice.
E
An establishment may be
licensed and operating before
any inspection is conducted.
A change of ownership of an
establishment requires a new
license, but there is no
requirement that MDH be
notified of an ownership change.
All changes of ownership, no
matter how small an interest,
require a new license.
MDH should be notified upon an ownership change.
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Fees should not be prorated when ownership changes.
Joint owners who are having difficulties getting along should not receive an advantage.
Shouldn't have to reapply if change in ownership is less than 50%.
Shouldn’t need to reapply if a shop loses an owner.
But adding an owner is different.
Notification showing change should be enough.
Need to ensure new license when there is a complete ownership change.
There is no annual limit on the
number of times a person or
entity may sponsor a temporary
event or the number of times a
site can be used for a temporary
event.
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Participants agreed that there should be some limits on the number of times any site can host a
temporary event during a year.
Participants did not agree on any specific number; suggestions included two times per year; 3 to 6
times per year, and 2 times per month.
Because temporary event fees are so low, this acts as a loophole in the law and allows sponsors to
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Establishments with a lapsed license should have some time to renew.
Lapsed establishments should not be treated the same as an establishment that was never licensed.
Should require inspection before opening.
Need more specificity about the time for an initial inspection.
There was no clear consensus about prorating fees upon changes of ownership.
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Page 5 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
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The law does not require
inspection prior to issuance of
temporary event permits.
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avoid getting a full license.
Other people felt this was not an issue, that it was up to the venue, or that decisions should be
based on the artists, not the location.
Some people noted that licensed establishments should be exempted from separate temp event
requirements, for example, if they put up a tent outside the establishment.
Most participants thought temporary events should be subject to stricter enforcement, though not
stricter regulations.
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Drinking.
Drinking laws should be more strictly enforced at temporary events.
Clients are definitely drinking and sometimes artists too.
Should be no temporary licenses for events with open bars.
Inspections.
Temporary events should be held to same standards as establishments, including drinking,
inspections, hand sink, etc.
• Inspector should attend and check on temporary events.
• The inspection should happen before the event.
• Temporary event venues differ; some are more conducive to unsafe practices.
• Someone should be at the event to enforce requirements.
• Suspension shows.
• Can lead to contamination – blood spray, inability to clean surfaces affected.
• Not regulated at all – should be.
• Events are different than establishments; looser practices are justified.
• Existing statutes are good enough.
• We don’t need more regulations – just enforcement of the regulations we have.
Page 6 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
The fee for temporary events
does not cover cost of travel,
processing, and inspection, so
that establishments and
individual artists are subsidizing
the cost of regulating temporary
events.
Temporary event fees should cover costs regulating of the event.
Miscellaneous comments
regarding temporary events.
• Performing body art at a temp event requires more concentration than most new artists can manage.
• Apprentices should not work temp events.
Overwhelming response to impose punishment.
P
The law does not specify that
tattooing in an unlicensed
establishment is a violation, so
that even if a number of
technicians are working in an
unlicensed establishment, only
the owner or operator is subject
to discipline.
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Any late renewal results in
unlicensed practice.
This is a gross misdemeanor.
Establishments with a lapsed license should have a period of time to renew their license before it is
revoked.
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Fees should be raised to cover the cost of inspection – maybe set fee based on size of event.
Other factors noted were distance; type of event; whether it is a local artist, out-of-state artists, or a
national tour; how much of business is derived from temp events.
Fee should not be more than is required to cover costs.
Cost of event permitting should cover this cost.
$100 should be the max.
Minnesota artists should receive a discount.
Should be able to enforce punishments in the same manner as cosmetologists. Reciprocity
between reporting offenders at state and local level. Unlicensed places invalidate all artists who
are licensed.
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Summary of 5/12/14 MDH Public Body Art Meeting
P
609.2246, which made tattooing
a minor a misdemeanor, was
repealed at the recommendation
of the reviser in 2013, in an effort
to locate all statutes regulating
body art in one chapter.
Majority of comments in favor of imposing gross misdemeanor for tattooing/piercing a minor.
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Some violations would be better
addressed by training or
educational requirements rather
than fines.
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Idea is on the right path, the execution needs to be worked out.
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Experienced artists from most
other states cannot attain
licensure without putting in 200
supervised hours under a willing,
licensed artist.
Should be different standards for tattoos and piercings—can remove a piercing.
Parental consent is difficult when families are split—birth certificate reasonable? (probably not).
Should be a gross misdemeanor “because it can’t be a felony” (as in, no one would go for making it a
felony).
Statute should be clearly worded—if one KNOWINGLY tattoos a minor, there should be a penalty; if
the kid has a good fake ID, it shouldn’t be the shop’s fault if they’ve done due diligence and have
good, complete paperwork.
Would happen less if penalties were worse.
Statute doesn’t allow MDH/police to do anything.
Trashes an entire industry when irresponsible tattooing happens. A gross misdemeanor = jail time =
no good.
Hard to monitor for fake IDs; shops don’t have scanners (like liquor stores do).
Corrective action for first time; fines for multiple time.
Should have a list of places to go for education—can’t go to tech schools (won’t take body artists).
Courses: Who would teach?
Cost?
Realistic?
Location? If you’re operating without gloves, going to a course wouldn’t help you anyways. To what
end?
Intended as a punishment, or a remedy?
Education always better than a fine.
OK to have fine AND class.
Three-strike rule, with a hierarchy of severity of strikes.
Most participants thought reciprocity requirements were too stringent; however, some were firm
that out-of-state applicants should have to go through the same process as in-state artists.
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Reciprocity laws are too stringent. Bill’s authors never intended the statute to be this exclusionary.
Reciprocity requirements are driving good artists away. 200 hours “apprenticing” is too much.
Page 8 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
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Shops will not take out-of-state artists as “apprentices” due to concerns about competition. There is
no practical way for an out-of-state artist to come to Minnesota and get licensed.
 Out-or-state artists could be required to show some of the following:
 CCPR training
 BBP training
 professional tattoo license for a minimum period
 inspection and license fee
 memberships in professional organizations
 business licenses
 tax filing
 portfolios
 references
 sponsorship letter
 notarized statement of verified proof of experience
 Probationary period with checks
Requirements for reciprocity are too weak. Should do criminal background check.
People coming in from out of state should have to meet same requirements as people in state.
Scratchers should be higher priority for enforcement.
General code between tattoo businesses – 10 hours between shops (!) prevents competition.
Grandfathering provisions should be made active again for people who had worked in Minnesota,
but were not working at time laws were passed.
If people have been away this long, they need a refresher anyway.
There should be something like grandfathering for people from other states.
Minnesota laws are simple. Minnesota laws are like other states, except for the requirement of 200
hours. Other states should have to prove that they meet or exceed Minnesota standards.
Should have board to make decisions on reciprocity.
Page 9 of 11
Summary of 5/12/14 MDH Public Body Art Meeting
Comments about safety in shops,
generally.
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Need to have experience to open a shop – to understand what makes a shop safe.
Owners are responsible for establishing a safe environment and hiring reputable, competent body
artists.
Should have 5-10 years’ experience before someone can open a shop.
General agreement that anyone who works in a shop should have BBP training. Owners should have
training in BBP, CPR, and safety standards.
Disagreed as to whether one should have a license to own a shop. More agreement on need for an
on-site supervisor if the owner doesn’t have a license.
Need more clarity about eating and drinking in procedure rooms.
Need thorough inspections.
Comments about aftercare
instructions.
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Currently, the law allows the use
of piercing guns not just on the
lobe, but on the outer perimeter
of the ear, which includes
cartilage.
There was general disapproval of the use of piercing guns.
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Clients should be told to first go to the artist if there is a problem with their tattoo; usually the
problem is in aftercare. Doctors are often not familiar with tattooing and the healing process and
will prescribe antibiotics that are unnecessary.
Guns should only be allowed for lobes.
Guns should be single use and disposable.
Guns can shatter cartilage.
Guns are unsafe and should not be used at all.
A person needs a lot of experience to use a gun for cartilage or noses.
Guns should not be used for infants – too much trauma and more swelling.
Any place that does any piercing should have to meet training, sanitation, and consent
requirements. Without training, operators don’t know questions to ask that will affect piercing.
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Summary of 5/12/14 MDH Public Body Art Meeting
Requirements for blood borne
pathogen training are very
general, so that training
submitted to satisfy the
requirement varies widely in time
and quality.
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There should be some minimum requirements in terms of time. MDH should provide a list of
recommended courses.
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Two hours are standard. Would not want anything less.
Length is not as critical as how good the course is.
2 hours is enough if industry-related.
There aren’t enough good courses available.
Would like a list of recommended courses.
APT and TPT courses are good. Red Cross is too basic and people get signed off without completing.
Courses should be industry related.
Hospitals and labs accept on-line training. We should be no different.
No online training should be allowed.
Should have to take a short refresher course annually.
Every other year is enough for persons with experience. We live this at work every day.
*Topic Key:
A = Apprentice
S = Supervision
E = Establishment
T = Temporary Event
P = Penalties
R = Reciprocity
H = Health
Page 11 of 11