Montana tattoo waiver requirements
Montana tattoo establishments must maintain consent and client records that document the client, procedure, required disclosures, and other information specified by state rules.
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Tattoo waiver requirements in Montana
According to the Montana Department of Public Health and Human Services, Administrative Rules of Montana Title 37, Chapter 112, subchapter 1, tattoo client records and consent forms must include the following:
Client info
Record the client’s full name and residential address.
Signed consent form
The client must sign a consent form before each tattoo procedure. The form must disclose relevant potential complications, including abscesses, allergies, heavy metal poisoning, infection, keloid formation, muscle or nerve paralysis, scarring, swelling, and blood-borne pathogens. It must also describe signs of infection, instruct the client to consult a licensed medical provider if complications occur, explain the permanent nature of tattoos, and document the client’s consent.
Tattoo procedure
Document the date of the procedure, tattoo design, exact location on the client’s body, and the name of the tattoo artist performing the procedure.
Studio details
The client record must include the tattoo establishment’s name, address, and telephone number.
Health information
Record any special instructions or information concerning medical or skin conditions that are relevant to the tattoo procedure.
Medical referral
Include a written physician referral when one is required because of the client’s medications, bleeding-related conditions, recent intravenous drug use, certain skin conditions at the proposed tattoo site, or relevant allergies or sensitivities.
Aftercare documentation
Provide tattoo aftercare instructions both verbally and in writing before every procedure. The consent form must include the client’s acknowledgment that these instructions were provided.
Clients under 18
A parent or legal guardian must sign the consent form in person before a minor is tattooed and must accompany the client throughout the procedure.
Recordkeeping
Keep client records and consent forms on the establishment premises for at least three years and make them available for inspection. Required records must be typed or printed in ink.
Source
Tattoo waiver and recordkeeping requirements in Montana are defined by the Montana Department of Public Health and Human Services under Administrative Rules of Montana Title 37, Chapter 112, Subchapter 1, including ARM 37.112.141, 37.112.142, 37.112.144, and 37.112.158.
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Frequently asked questions
Do changes to a Montana tattoo consent form need to be submitted before the studio starts using them?
Yes. Changes to a client consent form or client record form must be submitted to the Department of Public Health and Human Services or its designee before they are implemented.
Does Montana require pigment lot numbers to be recorded in each tattoo client file?
No. The client-record rule does not list pigment lot numbers as required client information. However, tattoo pigments must be kept in containers labeled with the manufacturer’s name and lot number.
How often are Montana tattoo establishments inspected?
Establishments must be inspected at least once each year. Additional inspections may be conducted when necessary, and a $150 follow-up fee may apply to a third or subsequent inspection when a violation remains uncorrected after the second visit.
Can sterile tattoo instruments be opened before the client is present?
No. Montana requires sterile packages to be opened in full view of the client.
No. Montana requires sterile packages to be opened in full view of the client.
Yes, but the operator must first submit a written plan explaining how the setup will comply with state requirements, or provide equivalent health protections, and receive written approval before operating.
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