Delaware tattoo waiver requirements
Delaware tattoo studios must maintain client consent, procedure, medical screening, aftercare, and recordkeeping documentation that meets state requirements.
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Create a Delaware tattoo waiver that captures the client and procedure information required by state regulations, while keeping consent and records organized in one digital form.
Tattoo waiver requirements in Delaware
According to the Delaware Department of Health and Social Services, Division of Public Health, under 16 DE Admin. Code 4451, tattoo client records must include the following:
Client information
Record the client’s name, date of birth, and address.
Signed release form
The client must sign a Release Form confirming that the required medical information was obtained or that an attempt was made to obtain it.
Tattoo procedure
Document the date of the procedure, type of tattoo performed, location of the tattoo, and name of the operator or technician who performed it.
Minor procedures
If the client is a minor, the record must include proof of a parent or guardian’s presence and consent, including their signature.
Medical screening
Ask the client about diabetes, bleeding disorders, skin conditions or sensitivities, allergies or reactions to pigments or dyes, epilepsy or seizures, and medications such as anticoagulants that may interfere with blood clotting.
Aftercare instructions
Provide approved verbal and written aftercare instructions after the tattoo. The written documentation must be signed and dated and include the establishment’s name, address, and phone number.
Recordkeeping
Keep client records confidential for at least three years from the date of service and make them available to the Delaware Division of Public Health upon request.
Source
The Delaware Department of Health and Social Services, Division of Public Health, defines tattoo waiver and recordkeeping requirements in Delaware under 16 DE Admin. Code 4451, authorized by 16 Del.C. §122(3)(w).
Delaware tattoo waiver overview on Instagram
See the key Delaware tattoo waiver and recordkeeping requirements in a quick visual format. Check out our Instagram post for an easy reference you can save or share with your studio.
Video walkthrough: Delaware tattoo waiver requirements
Frequently asked questions
Does Delaware require ink lot numbers to be recorded in each tattoo client record?
No. The client-record requirements do not list ink manufacturer, serial, or lot numbers. However, the establishment must maintain an inventory of inks used, including manufacturer names and serial or lot numbers when applicable. Invoices or orders may satisfy this inventory requirement.
Can a Delaware tattoo artist decline to perform a procedure after the client completes the required paperwork?
Yes. The regulations specifically state that the client-record provisions do not require an operator or technician to perform a procedure on a client.
Can a tattoo procedure be performed if the client or artist is under the influence?
No. Delaware prohibits tattooing when either the client or the operator or technician is under the influence of alcoholic beverages or a controlled substance.
How often can a Delaware tattoo establishment expect a state inspection?
The Delaware Division of Public Health must inspect an establishment at least once every 12 months. Additional inspections may occur before permitting, following certain facility changes, or after a complaint or suspected regulatory violation.
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