Is parent's consent necessary to tattoo or pierce a minor his body in Georgia

Full Question:

My brother wants to do body piercing and tattooing on his body. He is only 15 years and I suspect he has some mental disorders because he says he wanna make tattoo his whole face. Is it legal to do tattooing and body piercing in Georgia? He is asking our parents for their consent. I donno whether they will agree or not. However, I want to know whether parent’s consent is essential for tattooing or body piercing.
06/23/2017   |   Category: Minors » Body Art   |   State: Georgia   |   #40598


Generally, a person under 18 years of age is legally prohibited from body piercing and tattooing in Georgia. However, your brother can do both if he has his parents’ consent. Anyways, make sure that he is mentally well, if you have any suspicion. But, it is unlawful if he tattoo within any area within one inch of the nearest part of his eye socket. If he violated it, he will be guilty of a misdemeanor.

The following are the Georgia statutes in this regard:
§ 16-12-5.  Tattooing 
   (a) As used in this Code section, the term "tattoo" means to mark or color the skin of any person by pricking in, inserting, or implanting pigments, except when performed by a physician licensed as such pursuant to Chapter 34 of Title 43.

(b) It shall be unlawful for any person to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor.
§ 16-5-71.1.  Piercing of the body 
   (a) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided, however, that the prohibition contained in this subsection shall not apply if:

   (1) Such person has been furnished with proper identification showing that the individual is 18 years of age or older; and

   (2) The person reasonably believes such minor to be 18 years of age or older.

(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
§ 31-40-1.  Definitions 

   As used in this chapter, the term:

   (1) "Tattoo" means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin.

   (2) "Tattoo artist" means any person who performs tattooing, except that the term tattoo artist shall not include in its meaning any physician or osteopath licensed under Chapter 34 of Title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath, pursuant to subsection (a) of Code Section 16-5-71.

   (3) "Tattoo studio" means any facility or building on a fixed foundation wherein a tattoo artist performs tattooing.
§ 31-40-2.  Issuance of permits 
   It shall be unlawful for any person to operate a tattoo studio without having first obtained a valid permit for such studio. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health but, where the county board of health is not functioning, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location.
§ 31-40-3.  Denial, suspension, and revocation of permit 
   The county boards of health may suspend or revoke permits where the health and safety of the public requires such action. When, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be so notified in writing and shall be afforded an opportunity for hearing as provided in Article 1 of Chapter 5 of this title. In the event that such application is finally denied or such permit finally suspended or revoked, the applicant for or holder of such permit shall be given notice in writing, which notice shall specifically state the reasons why the application or permit has been suspended, revoked, or denied.
§ 31-40-4.  Administrative review of order of county board of health 
   Any person substantially affected by any final order of the county board of health denying, suspending, revoking, or refusing to renew any permit provided under this chapter may secure review thereof by appeal to the department as provided in Article 1 of Chapter 5 of this title.
§ 31-40-5.  Rules and regulations 
   (a) The Department of Public Health and county boards of health shall have the power to adopt and promulgate rules and regulations to ensure the protection of the public health. Such rules and regulations shall prescribe reasonable standards for health and safety of tattoo studios with regard to:

   (1) Location and cleanliness of facilities;

   (2) Sterilization and Occupational Safety and Health Administration guidelines for the prevention and spread of infectious diseases by all personnel;

   (3) Informed consent by the person receiving a tattoo;

   (4) Procedures for ensuring adequate explanation to consumers of the proper subsequent care of a tattoo; and

   (5) Proper use and maintenance of tattoo equipment, including dyes and pigments.

(b) County boards of health are empowered to adopt and promulgate supplementary rules and regulations consistent with those adopted and promulgated by the department.
§ 31-40-6.  Enforcement of chapter; inspection of premises 
   The Department of Public Health and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of a tattoo studio at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title.
§ 31-40-7.  Criminal penalty 
   Any person, firm, or corporation operating a tattoo studio without a valid permit or performing tattooing outside of a licensed tattoo studio shall be guilty of a misdemeanor.
§ 31-40-8.  Public education program 
   The Department of Public Health is authorized and directed to develop and institute a program of public education for the purpose of alerting the public to the possible side effects and exposure risks of tattooing.
§ 31-40-9.  Enactment of more stringent laws 
   Notwithstanding any other provision of this chapter, the governing authority of any county or municipality may enact more stringent laws governing tattooing.
§ 31-40-10.  Criminal law not repealed 
   Nothing in this chapter shall be construed to repeal the provisions of Code Section 16-12-5.