The Arizona Daily Star

Published: 05.25.2005

Tattoo rules on the way
By Mary Vandeveire
ARIZONA DAILY STAR
 
People getting tattoos may wonder if they've picked a flashy enough design or how long they'll be happy with the someone else whose name they'll display.
 
A new state law is expected to take away any uncertainty about how safe the tattooing process will be.
 
Tattoo shops currently have no state regulations, other than the requirement of holding a business license.
 
New safety regulations slated to take effect in mid-August will require tattoo artists to dispose of tattoo needles and other material exposed to blood in the creation of a tattoo as biohazardous waste. The Arizona Department of Environmental Quality is working out the details.
 
The law may require what already is in practice at some Tucson shops, which place used needles in plastic boxes - called "sharps boxes" - and have them collected along with other biohazardous waste by a waste-management firm.
 
The new law will not place unreasonable requirements on tattoo business owners, said Rep. Jonathan Paton, R-Tucson, who sponsored the bill.
 
Reaction from tattoo-shop owners in Tucson is mixed. The law could improve the image of the industry, but it doesn't do anything about tattoo artists working without a license, they said.
 
Customers this week at Maggie Maye's Tucson Tattoo said the state is doing the right thing.
 
"The more regulations you have, the safer it is for the consumer," said Nina Andrews, 50, a nurse who was getting permanent cosmetics. "High-quality places will stay in business. I think that's a really good thing, and I think it's about time."
 
Danielle Kelley, 18, a Sabino High graduate, was waiting to get a tattoo including the name of a friend who had died, his soccer jersey number and a cross. Kelley said finding a tattoo shop that was clean was important to her, and especially to her parents. Her dad recommended Maggie Maye's, where he's also gotten a tattoo, Kelley said.
 
The law requiring safe disposal of needles will be good, Kelley said: "That's how it should be. It's using a needle, just like the doctor's office."
 
Arizona is among several states that are adopting safety regulations for tattooing, said David Vidra, an instructor with Health Educators Inc. The company specializes in teaching tattoo artists how to minimize risks of transmitting blood-borne diseases, especially hepatitis.
 
"It's a national trend," Vidra said of Arizona's pending requirements. "Any needle that has been in the skin for piercing or tattooing is biohazardous waste."
 
The same goes for a cotton swab that is used for wiping during the tattooing process, he said.
 
"A pinhead of dried blood can transmit hepatitis B for seven days," Vidra said.
 
Vidra said he focuses on hepatitis as the main disease likely to be transmitted by dirty needles from tattooing.
 
The state doesn't have numbers on hepatitis cases linked to tattooing, said Judy Norton, hepatitis C program manager for Arizona's Department of Health Services.
 
But she said unsafe disposal of needles does present a risk - for the tattoo shop customer as well as someone rummaging through the shop's garbage.
 
"It could transmit whatever virus happens to be in that needle. Somebody looking for cans out of a Dumpster happens to get stuck by a needle, is there a possibility that needle could infect that person? Yes, of course," Norton said.
 
Dennis Dwyer, owner of Ancient Art Tattoo and a tattoo artist in Tucson since 1976, said he already places used needles in a "sharps box" and thinks government regulation might backfire. The requirements may make it more difficult for licensed shops to do business, while unlicensed tattoo businesses continue undisturbed, he said.
 
"How is this protecting the community? They're not doing anything to stop illegal tattooing," Dwyer said.
 
He added that tattoo artists have adopted safe practices on their own: "We put gloves on. We took sharps containers. We all agreed. We didn't need the government infringing."
 
Paton said the intent of the law is not to drive quality tattoo shops out of business. The claim that unlicensed shops are skating can be said of any industry, but that doesn't excuse legitimate businesses from following regulations, Paton added.
 
The new law sets a $500 civil penalty for a tattoo shop's failure to dispose of needles and other waste exposed to blood as biohazardous waste. It was signed by the governor and takes effect Aug. 15.
 
Arizona Department of Environmental Quality is developing plans to carry out the law, and will hold outreach and educational programs for tattoo artists, said spokesman Cortland Coleman.
 
Paton said he was surprised there was no state regulation of the tattoo industry, which deals directly with blood and with something that is permanent.
 
With sorority girls now sporting tattoos, along with a lot of very young people, the profile of the tattoo-wearer has changed, he noted.
 
"It used to be the military and bikers," Paton said. "Now, it's expanded to hundreds of people all over the state."
 
Maggie Maye's owner, Susan Alexander, agreed. Alexander already is using a waste-management firm for disposal, paying $40 a month. She hopes the new law will bring all tattoo shops into compliance and improve the image of the industry.
 
It's especially important, she said, because so many of the customers at tattoo shops are young people.
 
"It's consumer beware, but these are kids," Alexander said.
 
 
● Contact reporter Mary Vandeveire at mvandeveire@azstarnet.com or 1-602-271-0623.