Tattooist & Body Piercer FAQs

• Am I allowed to perform tattoo removal?
• Who can perform Microblading and other Permanent Cosmetics?
• Where can I perform Permanent Cosmetic services?
• What needs to be in my shop’s Consent Form?
• Do I have to use the approved consent forms that are posted on the Tattooist & Body Piercer Forms & Instructions web page?
• How long do I have to retain client paperwork?
• Am I required to retain printed copies of my required paperwork, or can I use electronic documentation?
• What do I need to include in my Disclosure of Information that is provided to clients?
• Do I have to print out all the paperwork included in the Disclosure of Information and give it to each client?
• If I only have one copy of the Disclosure of Information paperwork, how do I document the client’s signature and retain it for my records?
• Do I have to provide tattoo services to minors?
• Does a change in location require a new application?
• Does my shop have to be equipped with a customer use bathroom?
• Is each workstation required to have its own sink with hot and cold water?
• Where should my shop sink be placed?
• I’m opening up a new shop. How do I know what the Licensing Inspector will be looking for on my initial inspection?
• My shop uses an autoclave. Do I need to have a negative spore test for my initial inspection?
• Can I use chemical indicator test strips or mechanical monitoring to ensure my autoclave is sterile?
• Can I hold a tattooing event or tattooing convention in the State of Vermont?

Am I allowed to perform tattoo removal?

No, a medical professional (such as a nurse practitioner, registered nurse, physician assistant, or physician) must perform these treatments. Please contact the Board of Medical Practice for assistance.

Who can perform Microblading and other Permanent Cosmetics?

Only a person who is licensed as a permanent cosmetic tattoo artist may preform services that include permanent eyeliner, permanent lip color, permanent eyebrows, anatomical reproduction, and permanent eyeshadow as well as other specific procedures that may be identified by rule by the Director, consistent with the Society of Permanent Cosmetic Professionals.

Where can I perform Permanent Cosmetic services?

The practice of permanent cosmetics may be performed anywhere the practice of tattooing is permitted. Effective July 1, 2021, a permanent cosmetic licensee can work in a licensed cosmetology shop without obtaining dual licensure. This means a cosmetology shop does not need to become a licensed as a tattoo shop as well if permanent cosmetics are being performed on the same premise, however, the shop does need to meet all sanitary requirements and inspection requirements of a tattoo shop including an OPR inspection. The shop would be required to hold a separate tattooing license for any other tattoo or piercing services outside of permanent cosmetics.

What needs to be in my shop’s Consent Form?

Administrative rule outlines what is required for tattoo and body piercing shops to incorporate into their Consent Forms. An example of an approved Tattoo Consent Form and Piercing Consent Form can be found on the Tattooist & Body Piercer Forms & Instructions web page.

Do I have to use the approved consent forms that are posted on the Tattooist & Body Piercer Forms & Instructions web page?

No, but the provided forms detail the requirements mandated by the relevant Rules and must be incorporated into any self-written consent form. Additional questions and information consistent with the licensee’s own clinical and professional preferences may be provided on their own Consent Forms, however, these additions shall not exclude or substitute the requirements set by rule.

How long do I have to retain client paperwork?

You are required to retain client files for a minimum of two years from date of first treatment. If your shop space allows, or if you retain your files electronically, it is recommended that you retain your client files beyond the two-year minimum.

Am I required to retain printed copies of my required paperwork, or can I use electronic documentation?

Electronic documentation (profession specific software, scanned paperwork, or other digital storage methods) may be used in place of printed forms. Whichever method of storage you intend to use, it must comply with the rule requirements for each form and be able to capture the client’s signature.

What do I need to include in my Disclosure of Information that is provided to clients?

Administrative rule provides a list of information that needs to be provided to each new client prior to first treatment.

Do I have to print out all the paperwork included in the Disclosure of Information and give it to each client?

No. You only need one copy in the shop. If your clients have access to the required information prior to first treatment, it can be posted on a wall, retained on a clip board or in a binder, or even incorporated into an electronic device like a tablet.

If I only have one copy of the Disclosure of Information paperwork, how do I document the client’s signature and retain it for my records?

You may have an initialed line-item inclusion on your Consent Form indicating the client has been provided with the shop’s Disclosure of Information. The last initialed line-item of both the approved Tattoo Consent Form and Piercing Consent Form on OPR’s web site provides an example. If not documented on the Consent Form, you must retain a separate Disclosure of Information signature form for each client.

Do I have to provide tattoo services to minors?

No. You may use your professional discretion to opt out of tattooing minors. If you decide to tattoo minors, you must have a signed Minor Tattooing Consent Form. An example of an approved Minor Tattooing Consent Form can be found on the Tattooist & Body Piercer Forms & Instructions web page.

Does a change in location require a new application?

Not if the shop is closing at one location and opening at another, under the same ownership and name. However, you will need complete and upload the following to your shop license using the update license feature of your online dashboard for the existing shop. Printable instructions are linked here.

1. Upload a written explanation of the change with the shops new physical address.
2. A new detailed scaled drawing (on 8 ½ by 11 inch paper) of your shop’s floor plan. Your floor plan drawing must include your shop’s name, owner’s name, type(s) of services to be offered at this shop, dimensions of all rooms, location of stations, access, restroom facilities, storage areas, etc. You must indicate the scale used for your drawing (e.g., ½ inch equals one foot). Keep one copy of your floor plan on the premises for the inspector.
3. Upload a copy of your registration of the Name of Your Business (i.e., Trade Name; Certificate of Incorporation, Vermont domestic Corporation; Certificate of Authority, foreign non-Vermont; Partnership, or LLC). Trade name must match the name that was submitted with the application. This can be obtained from the Corporations Division Office of the Secretary of State. Telephone number (802) 828-2386 or at https://bizfilings.vermont.gov/online/BusinessInquire/
4. Complete an OPR inspection. Once the above items are received, you will be contacted by an OPR inspector. Your new location cannot open until it has been inspected.

Does my shop have to be equipped with a customer use bathroom?

No.

Is each workstation required to have its own sink with hot and cold water?

No. One shop sink with hot and cold water is sufficient for multiple workstations if it is placed in the immediate area of all stations, and easily accessible to all practitioners.

Where should my shop sink be placed?

Shop sink placement is addressed by a Licensing Inspector on a case-by-case basis at the initial shop inspection. The sink should be placed in the immediate work area so it is easily accessible to all shop employees. The following examples of sink placement will not pass initial inspection:

1. Located on separate floors from workstations;
2. Outside of the shop’s footprint;
3. Located in the shop, but at a distance beyond what can be considered a practical immediate area; and
4. Placed in a public use bathroom.

I’m opening up a new shop. How do I know what the Licensing Inspector will be looking for on my initial inspection?

Your initial inspection will be based on the requirements listed in the current Rules Relating to Tattooing and Body Piercing, which can be found on your profession’s Statutes, Rules & Resources homepage. Additionally, blank inspection forms for tattooing, body piercing and cosmetic tattooing can be found on your profession’s Forms & Instructions web page. These forms outline all the requirements that need to be met for a successful, initial inspection. Relevant Rules are listed with most questions and are a helpful reference in understanding what the Inspector is looking for and why.

My shop uses an autoclave. Do I need to have a negative spore test for my initial inspection?

Yes. On your initial inspection, the Inspector will ask to see a copy of the most recent sterilization report from your testing service. The date of the report cannot be older than 30 days from the date of the inspection.

Can I use chemical indicator test strips or mechanical monitoring to ensure my autoclave is sterile?

Chemical tests or mechanical monitoring are not valid methods for initial or monthly autoclave testing. Only biological indicators (spore tests) that are reviewed by an accredited laboratory are sufficient to indicate sterility.

Can I hold a tattooing event or tattooing convention in the State of Vermont?

Yes. However, the site of the event must be fully licensed and inspected by OPR. 26 V.S.A. §§ 4101(9), 4105(d)(3). Full compliance with all of the statutes and rules governing tattoo shops is required. This includes but is not limited to:

• licensing and inspection prior to first use as a shop. Rules Relating to Tattooing and Body Piercing, 2.4. The shop license application must include a floor plan. OPR also requests that a list of participating artists be provided 24 hours prior to the beginning of the event.
• designation of a licensed person responsible for cleanliness and sanitation, 26 V.S.A. § 4105(d)(2).
• sinks with hot and cold running water accessible to all operators, Rule 3.2.E.2.a. If the sinks are portable gray-water systems, there should be at least 1 sink for every 5 operators to be considered accessible. If the event spans multiple days, OPR requests that a proposed schedule for waste removal and water replenishment be provided with the shop license application.
• an area for dirty/contaminated items separate from an area for clean items and the workstation setup, 3.2.E.5.
• proper workstation setup, infection control practices, workstation breakdown, and equipment cleaning and sterilization, 3.3(A)–(D).
• if any apprentice tattooists practice at the shop, the presence on-site and availability of each apprentice’s registered supervisor, regardless of whether other licensed tattooists are present, 2.3.C.
• maintenance of all required records for two years. 3.2.E.9. OPR requests that standardized consent / aftercare forms be used due to the difficultly of inspecting varying forms used by a range of artists coming from different shops. These forms will be provided by OPR in advance of the event. In addition to the information required by Rule 3.3.E.1.1, aftercare instructions must include the artist’s name and address the name of the shop, if any, where the artist regularly practices. Artists are welcome to use their own forms in addition.

All artists must hold full Vermont tattooist licenses. There is currently no temporary tattooist license available. Out-of-state artists are welcome to apply for licensure on the basis of prior experience or licensure in other states. Rule 2.3.D.1.