West Virginia tattoo waiver requirements
West Virginia tattoo studios must prepare client records before each procedure and maintain the required consent, disclosure, and recordkeeping documentation.
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Use Waiverly’s tattoo waiver generator to create a West Virginia waiver that captures the client, procedure, consent, and acknowledgment information required under state law.
Tattoo waiver requirements in West Virginia
According to West Virginia Code §16-38-3, tattoo studios must prepare and maintain records containing the following:
Client info
Prepare a record before the procedure with the client’s name, signature, address, and age.
Procedure details
Record the date tattooed, tattoo design, and location of the tattoo on the client’s body.
Artist identification
Include the name of the tattoo artist who performed the procedure.
Written risk notice
Before tattooing, discuss the risks with the client, including possible interference with MRI readings, and provide the Department of Health’s written information on possible complications. The client must acknowledge receipt in writing, and the acknowledgment must be kept with the record.
Client attestation
The client must attest that they are not intoxicated or under the influence of drugs or alcohol.
Minor consent
Obtain prior written consent from one parent or guardian before tattooing a minor.
Aftercare instructions
Provide each client with printed instructions for caring for the tattooed skin to help prevent infection.
Recordkeeping
Record entries must be made in ink or indelible pencil. Required records and written consents must be kept for five years and made available to inspecting authorities.
Source
Tattoo waiver and recordkeeping requirements in West Virginia are defined by the West Virginia Legislature under West Virginia Code §16-38-3.
West Virginia tattoo waiver overview on Instagram
We’ve summarized West Virginia’s key tattoo waiver and recordkeeping rules in a quick Instagram overview. Check the post for a visual breakdown you can save for reference.
Video walkthrough: West Virginia tattoo waiver requirements
Frequently asked questions
Does West Virginia require studios to keep a minimum number of sterilized needle and tube sets available?
Yes. A studio must have at least 24 sets of sterilized needles and tubes on hand for the entire day or night operation. Unused sterilized instruments must also be re-sterilized no more than six months after their last sterilization.
Is scleral tattooing allowed in West Virginia?
No. West Virginia Code §16-38-3 expressly makes it unlawful to perform or offer to perform scleral tattooing.
Can tattoo pigments be purchased from any supplier?
No. West Virginia requires tattoo dyes and pigments to come from professional suppliers that specifically provide products intended for tattooing human skin.
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