Section 842.3 - Rules to be promulgated by State Board of Health - City or county regulations - Licensing - FinesA. All body piercing operators, tattoo operators and artists shall be prohibited from performing body piercing or tattooing unless licensed in the appropriate category by the State Department of Health. The State Board of Health shall promulgate rules regulating body piercing and tattooing which shall include, but not be limited to:1. Artist temporary and permanent licensure;2. Facility operator temporary and permanent licensure;3. Body piercing and tattoo facility requirements;4. Equipment setup and requirements;5. Procedures for sanitary body piercing and tattooing;6. Forms to be completed prior to performing body piercing and tattooing including, but not limited to, applications and parental consent forms;7. Hand washing and general health;8. Body piercing and tattoo site preparation and application;9. Procedure following body piercing and tattoo application;10. Limits and prohibitions concerning body piercing and tattooing;11. Facility inspection documents including, but not limited to, equipment inspection;12. Administrative fines structure; and13. Education and training .
B. A city or county may adopt any regulations that do not conflict with, or are more comprehensive than, the provisions of this section or with the rules promulgated by the Department. This section does not limit the ability of a city or county to require an applicant to obtain any further business licenses or permits that the city or county deems appropriate.C. A body piercing or tattoo operator applying for license renewal or for a new license to perform at an existing body piercing or tattoo place of business shall pay a certification fee established by the Department by rule .
D. A body piercing or tattoo operator applying for a new license shall publish notice of the license application one time in a newspaper of general circulation nearest to the proposed location of the body piercing or tattoo business most likely to give notice to interested citizens of the county, city, and community in which the application proposes to engage in business. The publication shall identify the exact location at which the proposed business is to be operated. The required notice shall not apply to license renewals unless the application for license renewal lists a different location than the original or current license location.E. The State Department of Health has authority to enforce the provisions of this section and regulations promulgated pursuant hereto. The Department may enforce by one or both of the following means: 1. Notifying the district attorney, of any relevant county, of a violation of Section 842.1 of this title or rules promulgated pursuant thereto and, in addition to any criminal penalty imposed, the Department may impose an administrative fine not to exceed Five Thousand Dollars ($5,000.00) per violation per day, and may suspend, revoke, or deny the license of the establishment, or may impose both such administrative fine and suspension, revocation, or denial for any such violation;2. Whenever it shall appear that any person is engaged or about to engage in any acts or practices which constitutes or will constitute a violation of the provisions of Section 842.1 of this title, or of any rule, or order thereunder, the Department, the Attorney General, or the district attorney of any relevant county may bring an action in the relevant district court or in Oklahoma County to enjoin such acts or practices and to enforce compliance with this act or any rule, order, or temporary or permanent injunction shall be granted without bond. The Department, the Attorney General, and the district attorney shall transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of this act to the district attorney for Oklahoma County, who, in their discretion, may institute appropriate criminal proceedings.Okla. Stat. tit. 21, § 842.3
Amended by Laws 2024 , c. 270, s. 1, eff. 11/1/2024.Added by Laws 1998 , SB 173, c. 123, § 3, eff. 11/1/1998; Amended by Laws 2006 , SB 806, c. 141, § 3, eff. 11/1/2006.